ACT XXIX.

THE act of 22d 8br. last concerning burgisses char- Burgesses ges repealed, and the act in 1636 revived instead charges. thereof.

ACT XXX.

to B. Harrison.

MR. Benjamin Harrison to be paid £ 7: 10: 0 Compensation sterling instead of 600 lb. tobacco due from the publick.

ACT XXXI.

ORDINARY keepers to have instead of 6 lb. to- Taverns rat bacco, or 18d. in money for a meale or gallon of beer ed. but 12d. because of the great plenty of provisions.

ACT XXXII.

LAWNS Creek made a parish.

ACT XXXIII.

Parish.

BY an act in 1633 all masters of ships were to pay a Duty payable proportion of powder and bullets to the fort at Poynt at Point Comfort according to their tunnage Now enacted that they pay match and paper Roial proportionable to burden.

Comfort,
altered.

ACT XXXIV.

LEVY 17 lb. tobacco per poll.

Public Levy.

LAWS OF VIRGINIA.

[Of the proceedings of the Grand Assembly of Virginia in the year 1642, we have no remains, except two papers, the one entitled "The Declaration against "the Company to be entered as the twenty-first act;" the other, "A Remonstance of the Grand Assembly." The first is signed by the Governor, members of the Council and House of Burgesses, and dated at James City, the first day of April, 1642, in the 18th year of the reign of Charles, &c. immediately after which the Assembly adjourned to meet on the second day of June in the same year:-The other is dated the first day of July, 1642. These papers are preserved both in the Ancient Records of the London Company, and in a manuscript volume belonging to Thomas Jefferson, Esq. (President of the United States,) which was purchased by him from the executor of Richard Bland, Esq.From this last mentioned volume the following are extracted. See, for the first, page 106; and, for the second, page 103.]

The Declaration against the Company to be entered as the twenty-first act.

TO all christian people to whom these presents shall come to be read, heard or understood, We the Governor, Council and Burgesses of the Grand Assembly in Virginia send greeting in our Lord God Everlasting: Whereas George Saudis, Esq. being appointed agent for the colony by an Assembly 1639 hath exhibited a petition in the name of the adventurers and planters in Virginia to the Honourable House of Commons in Parliament in England for the restoring of the letters patents of incorporation to the late Treasurer and Company-mistaking his advice and instructions from the said Assembly; for his so doing it being neither the meaning nor intent of the said Assembly or inhabitants here for to give way for the introducing of the said company or any other.

To which intent and purpose this Grand Assembly having fully debated and maturely considered the reasons on both sides as well arguing for as against a company and looking back into the condition of the times under the company as also upon the present state of the colony under his majesties government they find the late company in their government intollerable the present comparatively happy and that the old corporation cannot with any possibility be again introduced without absolute ruin and dissolution to the colony for these reasons following, vizt.

1st. The intollerable calamity of the colony we find proved by many illegal proceedings and barbarous torments inflicted upon divers of his majesties subjects in the time of the said companies government all which appear per depositions taken at a Grand Assembly anno 1632 and is known to divers now living in the colony.

Also we find the whole trade of the colony to the general grievance and complaint of the inhabitants then and now appearing to us monopolized by the said company insomuch that upon the going home of any person for his country it was not free for him to carry with him the fruits of his labour for his own comfort and relief but was forced to bring it to the magazine of the company and there to exchange it for useless and unprofitable wares.

2dly. The present happiness is exemplified to us by the freedom of yearly assemblies warranted unto us by his majesties gracious instructions and the legal trial . per juries in all criminal and civil causes where it shall be demanded. And above all by his majesties royal incouragement unto us upon all occasions to address ourselves unto him by our humble petitions which doth so much distinguish our happiness from that of the former times that private letters to friends were rarely admited passage.

To the third for introducing the old corporation without ruin and dissolution to the colony at present as a thing not possible we conceive we have these just grounds.

1st. There can be no right or property introduced for them without proving the illegality of the King's proceeding so that all grants since upon such a founda

tion must of consequence be and tending to displeasure, we the present planters enjoy our lands by immediate grant from his majesty if (as it is argued in their petition) the King had no power to grant our possessions must give place to their claim which is one invincible argument (as we conceive) of the ruin and dissolution to the colony at present; when if their pretences take place we must be outed of all, And whereas it is alledged that the charter of orders from the Treasurer and Company anno 1618, gives us claim and right, to be members of the corporation quatenus planters we find the company by the said charter where members planters and adventurers are considered by themselves and distinguished in privileges from planters and adventurers not being members and we further find ourselves (being the King's grantees) in the said charter condemned, the clause plainly pronouncing in these words (we do ordaine that all such persons as of their own voluntary will and authority shall remove into Virginia without any grant from us in a great and general quarter court in writing under our seals shall be deemed, as they are, occupiers of our land that is to say of the common land of us the said Treasurer and Company) much more such grantees as have their right from an erronious judgment as they pretend.

2dly. That if the Company be renewed by which means they as aforesaid have leave and the strength of their own charter of orders publicly in this colony to displant us the wiser world we hope will excuse us if we be wary to depart with what (next our lives) nearest concerns us (which are our estates being the livelihood of ourselves, wives and children) to the curtesy and will of such taskmasters from whom we have already experimented so much oppression.

3lly. We may not admit of so unnatural a distance as a company will interpose between his sacred majesty and us his subjects from whose immediate protection we have received so many royal favours and gracious blessings

For by such admission

1st. We shall degenerate from the condition of our birth being naturalized under a monarchical government and not a popular and tumultuary government

depending upon greatest number of votes of persons of several humours and dispositions as this of a company must be granted to be from whose general quarter courts all laws binding the planters here did and would again issue.

2dly. We cannot without breach of natural duty and religion give up and resign the lands which we had granted and hold from the king upon certain annual rents (fitter as we humbly conceive if his majesty shall so please for a branch of his own royal stem then for a company) to the claim of a corporation; for besides our births our possessions enjoin us as a fealty without a salvafide aliis dominis.

We conceive by admission to a company the freedom of our trade (which is the blood and life of a commonwealth) is impeached; for they who with most secret reservation and most subtility argue for a company tho' they pretend to submit the government to the King yet they reserve to the corporation propriety to the land and power of managing the trade, which word managing in any sence taken we can no ways interpret, then a convertable to monopolizing; for whether in this sence that all the commodities raised in the colony shall be parted with, exchanged or vended at such rates and prises as they shall set down or such wares and merchandizes as they shall import or be disposed into their magazine or such bottoms as shall from time to time be licensed or ordered by them, or whether in this sence that the planters only such comodities and in such proportions as by advice and determination of their quarter courts shall be directed, still the terms and condition of the planters are subjected to a monopoly that is to their sole guidance governing and managing with what reason we leave to the world to judge; for tho' we submit in depth of judgment and understanding to such as shall sit at the helm there, yet it is very possible and indeed most probable that at this distance wise men may mistake and there is more likelyhood that such as are acquainted with the clime and the accidents thereof may upon better grounds prescribe our advantages both for quantity and quality of comodities which by the bounty of his majesty we now enjoy by our Grand Assembly and in any other way will be destructive unto us according to our possession.