Historical collections of Virginia containing a collection of the most interesting facts, traditions, biographical sketches, anecdotes, &c., relating to its history and antiquities, together with geographical and statistical descriptions : to which is appended, an historical and descriptive sketch of the District of Columbia : illustrated by over 100 engravings, giving views of the principal towns, seats of eminent men, public buildings, relics of antiquity, historic localities, natural scenery, etc., etc. |
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EXTRACTS FROM THE ANCIENT LAWS OF VIRGINIA. |
 | Historical collections of Virginia |  |
EXTRACTS FROM THE ANCIENT LAWS OF VIRGINIA.
1662.—Every person who refuses to have his child baptized by a lawful minister,
shall be amerced 2000 lbs. of tobacco; half to the parish, half to the informer.
The whole liturgy of the Church of England shall be thoroughly read at church or
chapel, every Sunday; and the canons for divine service and sacraments duly
observed.
Church-wardens shall present at the county court, twice every year, in December
own knowledge, or common fame, have been committed during their being churchwardens.
To steal, or unlawfully to kill any hog that is not his own, upon sufficient proof, the
offender shall pay to the owner 1000 lbs. of tobacco, and as much to the informer; and
in case of inability, shall serve two years, one to the owner, and one to the informer.
The man and woman committing fornication, shall pay each 500 lbs. of tobacco, and to
be bound to their good behavior. If either of them be a servant, the master shall pay
the 500 lbs. of tobacco, and the servant shall serve half a year longer than his time.
If the master shall refuse to pay, then the servant to be whipped. If a bastard be got
and born, then the woman to serve her master two years longer than her time, or pay
him 2000 lbs. of tobacco; and the reputed father to give security to keep the child.
No marriage shall be reputed valid in law but such as is made by the minister, according
to the laws of England. And no minister shall marry any person without a
license from the governor or his deputy, or thrice publication of bans, according to the
rubrick in the common-prayer book. The minister that doth marry contrary to this
act, shall be fined 10,000 lbs. of tobacco.
All persons keeping tipling-houses without license, shall be fined 2000 lbs. of tobacco;
half to the county, and half to the informer.
No master of any ship, vessel, &c., shall transport any person out of this colony
without a pass, under the secretary's hand, upon the penalty of paying all such debts
as any such person shall owe at his departure, and 1000 lbs. of tobacco to the
secretary.
The court in every county shall cause to be set up near the court-house, a pillory, a
pair of stocks, a whipping-post, and a ducking-stool, in such place as they shall think
convenient: which not being set up within six months after the date of this act, the
said court shall be fined 5000 lbs. of tobacco.
In actions of slander occasioned by a man's wife, after judgment passed for damages,
the woman shall be punished by ducking, and if the slander be such as the damages
shall be adjudged at above 500 lbs. of tobacco, then the woman shall have ducking for
every 500 lbs. of tobacco adjudged against her husband, if he refuse to pay the
tobacco.
Enacted that the Lord's Day be kept holy, and no journeys be made on that day,
unless upon necessity. And all persons inhabiting in this country having no lawful excuse,
shall every Sunday resort to the parish church or chapel, and there abide orderly
during the common prayer, preaching, and divine service, upon the penalty of being
fined 50 lbs. of tobacco by the county court.
This act shall not extend to Quakers, or other recusants, who totally absent themselves,
but they shall be liable to the penalty imposed by the stat. 23 Eliz., viz. £20
sterling for every month's absence, &c.; and all Quakers assembling in unlawful conventicles,
shall be fined, every man so taken, 200 lbs. of tobacco, for every time of such
meeting.
All ministers officiating in any public cure, and six of their family, shall be exempted
from public taxes.
1663.—If any Quakers, or other separatists whatsoever, in this colony, assemble
themselves together to the number of five or more, of the age of sixteen years, or upwards,
under the pretence of joining in a religious worship not authorized in England
or this country, the parties so offending, being thereof lawfully convicted by verdict,
confessions, or notorious evidence of the fact, shall, for the first offence, forfeit and pay
200 lbs. of tobacco; for the second offence, 500 lbs. of tobacco, to be levied by warrant
from any justice of the peace, upon the goods of the party convicted; but if he be
unable, then upon the goods of any other of the separatists or Quakers then present.
And for the third offence, the offender being convicted as aforesaid, shall be banished
the colony of Virginia.
Every master of a ship or vessel, that shall bring in any Quakers to reside here, after
the 1st of July next, shall be fined 5000 lbs. of tobacco, to be levied by distress and
sale of his goods, and enjoined to carry him, her, or them, out of the country again.
Any person inhabiting this country, and entertaining any Quaker in or near his house,
to preach or teach, shall, for every time of such entertainment, be fined 5000 lbs. of
tobacco.
1668.—The 27th of August, appointed for a day of humiliation, fasting, and prayer,
to implore God's mercy; if any person be found upon that day gaming, drinking, or
working, (works of necessity excepted,) upon presentment by the church-wardens, and
of the parish.
1670.—None but freeholders and housekeepers shall have any voice in the election of
Burgesses—every county not sending two Burgesses to every session of the Assembly,
shall be fined 10,000 lbs. of tobacco, to the use of the public.
1676.—The allowance of every Burgess for the future, shall be 120 lbs. of tobacco
and cask, per day; to commence two days before every Assembly, and continue two
days after. And for their travelling charges, there shall be allowed to those that come
by land, 10 lbs. of tobacco per day for every horse so used. And for water passage,
they shall be allowed proportionably.
1679.—The first offence of hog stealing, shall be punished according to the former
law; upon a second conviction, the offender shall stand two hours in the pillory, and
lose his ears; and for the third offence, he shall be tried by the laws of England, as in
case of felony.
1680.—No licensed attorney shall demand or receive, for bringing any cause to
judgment in the general court, more than 500 lbs. of tobacco and cask; and in the
county court, 150 lbs. of tobacco and cask; which fees are allowed him without any
pre-agreement.
If any attorney shall refuse to plead any cause in the respective courts aforesaid, for
the aforesaid fees, he shall forfeit as much as his fees should have been.
| Historical collections of Virginia | |