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John Gittings Clre:



Assembly Proceedings^ April — May 1661. 409

An Acte lymiting Servants tymes u. h.

Journal

Whereas certaine differences too frequently arise betwixt ' ^^ '^
Masters and Servants in this Province in and aboute.the tyme
of Services and Customes often pleaded on both sides in this
minority of Seateing for prevencon of the like It is Enacted p- 98
And be it enacted by the Lord Proprietary with the Consent
of the upper and lower howse of this p^sent generall Assembly
that every Servant transported into this Province after the end
of this Assembly being of the full age of twenty and two yeares
or vpwards not haueing Indenture or other sufficient testimony
for the tearme or tyme of his or her comeing in, such servant
shall serue him or her that transported and payd the passage of
the said Servant or their Assigns from and after their first Arrivall
into this Province the full tyme of foure yeares if Betweene the
age of Eighteene and two and twenty yeares such Servant
shall Serue five yeares if Betwixt the age of fifteene and Eigh-
teene such Servant shall serue six yeares And any Servant of
what age soever vnder fifteene yeares and coming in as afore-
said shall serve till he or she Arrive to the age of one and
twenty yeares.

And be it further Enacted that every Master Mistres or
Dame Assigne or Trustee of what kind soeuer owneing or
keepeing any such Servant as aforesaid whether by vertue of
transportacon purchase or otherwise shall within three moneths
next after the Receiueing such Seruant into their Custody within
this Province bring the said Servant into their respectiue County
Courte where they doe inhabite And every of the said Courts
are hereby authorized to Judge of and determine the age of
such Servants soe brought and cause the same to be Entred
vpon Record And every Owner as aforesaid neglecting or re-
fuseincr to brino- such Servant or Servants before the Courte as
aforesaid shall loose one yeares tyme of Service of the direc-
cons aforesaid And if any Master or Servant aforesaid be
acrcrreiued with the determinacon of the Courte He shall with-
in the tyme determined for their Service produce an authentick
Certifficatt of such Servants age and shall haue remedy accord- p. 99
ing to the ages aforemenconed

And be it further Enacted by the authority aforesaid that noe
Indenture made by any Servant during the t)me of Service
due by former Indenture or by determinacon of the Courte
according to the tenor of this acte shall any wise oblige any
Serv' for longer tyme then by his first Indentu' or determinacon
of the CO'.' shall be lymited and appoynted. Provitled that this
Acte nor anything there in contemned shall not Giue or be con-
strued to give any Benefitt to any Slaue whatsoever



41 o Assembly Proceedings, April — May 1661.

u. II. This Acte to endure for three yeares or to the End of the
/r"^ next Generall Assembly

The lower howse haue Assented The Vpper howse haue

assented
Will Brctton Clk: John Gittings Clre:



An Acte for the appoyntm' of Certaine
Officers

Be it Enacted by the Lord Proprietary of this Province by
and with the Consent of the Vpper and lower howse of this
p'sent Generall Assembly, that the Justices of peace in every
County at the first Count)' Courte held after michas shall nomi-
nate and appoynte some Inhabitants in every hundred or Con-
stablery not being of the Councell or by his office or Employ-
ment otlierwise priviledged to be Constable of that Hundred
or Constablery whoe shall Execute all p'[cepts] and Warrants
to him directed And shall in all thinges h[aue] the like power
within the said Hundred or Constabler[y th"] any Constable
hath or ought to have in a Constablery [in] England by the
lawe or Custome of England The said Con[sta]ble shall take
oathe in mannor and forme following (viz)

Yo" shall sweare that yoV shall well and truely Serve his
Lop. in the office of Constable yo" shall see and cause that his
Lop^ peace be well and duely kept according to yo^ power yo?
shall arrest all such persons as in yoT p''sence shall Comitt or
make any Ryott affray or other Breach of his Lop! peace yo"
shall doe yo"^ best Endeavor vpon Complaynte to yo" made to
apprehend all fellons Barrettors Ryotters or persons riotously
Assembled And if any such offender shall make any such Re-
p. 100 sistance with force yo" shall leavy hue and Crye and shall pur-
sue tliem vntill they be taken yo" shall doe yo^ best endeavor
hue and Crye be duely raysed & pursued against Murdierers
1 heeues and other fellons and fugitive Servants And that the
Lawes and orders against vagabonds and such other idle per-
sons comeing within yo^ Lymitts be duely putt in Execucon
At yo' County Courte yo" shall p'sent all offences done ag! the
seuerall Acts made for the repressing of drunkennes And
alsoe true p'sentm' make of all Bloodshed affrayes Outcryes
Rescues and odier offences committed ag' his Lop! peace with-
in yo' lymitts yo" shall well and truely execute all p'cepts and
Warrants to )o" directed from the Justices of peace of this
County ox higher officers And yo!' shall well and duely accord-
ing to yo' knowledge power and abillity doe and execute all
things belonging to the office of a Constable soe long as yo"
shall continue in this office Soe helpe yo" God:



Assembly Proceediiigs, Aprilr — May 1661. 411

And if the person soe nominated and appoynted shall refuse u. u.
to serve in the said office by himselfe or his deputy or to take -J^"'!!^'
the oathe when tendered vnto him by the Justice of the peace
aforesaid, shall forfeite to the Lord Proprietary or his heires
the suriie of fine hundred pounds of casked tobacco or the
valine thereof to be leauyed vpon his Goods and Chatties And
if the pson soe offending shall not haue Goods and Chatties
sufficient within tliis Province to sattisfye the aforesaid penalty
or that the same be not speedily sattisfyed then shall the per-
son soe offending suffer two moneths Imprisonm'. widiout Bayle
or Mayne prise And be it further enacted by the authority
aforesaid that all persons whatsoeuer that shall be here after
nominated and appoynted Justices of the peace Sherriffs and
Coroners within this Province by the Right honorable the Lord
Proprietary of this Province or his heires lords and Proprietarys
of the same or his or their Lieutennant for the tyme being
shall refuse to Execute the office of Justice of peace Sherrifte
or Coroner within this Province or to take the oathes of Justice
of the peace Sherriffe or Coroner shall forfeite to the Lord p. loi
Proprietary and his heires one thousand pounds of Casked
tobacco or the valine thereof to be leauyed vpon his Goods and
Chatties And if any person soe offending shall not haue Goods
and Chatties sufficient widiin this Province to sattisfye the afore-
said penalty or that the same be not speedily sattisfyed then
shall the person soe offending Suffer imprisonm' foure moneths
without Bayle or mayne prise.

And be it further Enacted by the authority aforesaid that
whosoeuer shall be Sumoned by writt out of any Courte of
Justice of this Province to serue as Juror in any tryall in any
Courts within this Province and shall refuse to serue in any case '

depending whether Criminall or Civill not being by any other
office Exempted) and thereto lawfully required shall forfeite
to the Lord Proprietary and his heires fine hundred pounds of
casked tobacco or the valine diereof to be leauyed \pon his
Goods and Chatties And if an)- person soe offending shall not
haue Goods and Chatties within this Province to sattisfye the
aforesaid penalty or that the same be not speedily sattisfyed
then shall the person soe offending suffer two moneths Im-
prisonm' without Bayle or Mayne prise

And be it further Enacted by the authority aforesaid diat
whoesoever being by writt lawfully Sumn\oned and thereby
Required to serve as Wittnes in this Province and shall refuse
to testefye vpon oathe in any case de[)ending wheth[er] Crimi-
nall or Civill shall forfeite to the Lord Propriet[ar\-] five
hundred pounds of tobacco to be leauyed vpon his [orj her
Goods and Chatdes Y\nd if any person soe offending shall
not haue Goods and Chatdes within this Province sufficient to



412 Assembly Proceedings, April — May 1661.

V. II. sattisf)e the aforesaid penalty or that the same be not speedily
■^6 '™6o ^^ttisfyed then shall the person soe offending suffer two monetlis
Inijjrisonm! without Bayle or JNIayneprise

Provided that this Acte nor any diing therein conteyned shall

not extend nor be Interpreted to Extend to the p'^judice of any

of the lords of Mannors within this Province in their priviledges

of a])po3'nting Constables within their Respectiue Manno?

And be it further Enacted diat every Count)' Courte yearely

p. 102 some tyme in the moneth of March doe p'^sent to the Right
honorable the Lord Proprietary and his heires or to his or their
Leiuetenn' or Cheife Governor of this Province three persons
out of which three his Lop. or his heires or his or their Governor
of diis Province may appoynte one to serue as Sherriffe And
diat such Sherriffe soe appoynted as aforesaid shall serue as
Sherrifie one yeare and noe longer This Acte to endure for
three yeares or to the end of the next Generall Assembly

riic lower howse haue Assented The vpper howse haue

Will. Bretton Clk Assented

John Gittings Clre:



An Acte for Millitary discipline

For as much as the Exerciseing and Trayneing vp of Soul-
diers in the Arte of warre and Millitary discipline is at all
tymes most necessary And hath even in theis tymes of danger
for want of a Setled lawe thereto provideing been most of all
neglected to the Endangering of the whole Collony Be it
enacted by the Right honorable the Lord Proprietary' with the
advise and Consent of the vpper and lower howse of this p'"sent
Generall Assembly that every Collonall Leiuetennant Coll.
Major or Captaine of any trayned Bands widiin this Province
shall haue ]jower to Enlist such and soe many persons in-
habiting within their respectiue and severall diuisions betweene
Sixteene and Sixty yeares of age as they shall thinke fitt, not
being priviledgcd by their place Employment or Impotency to
be of their trayned Bands which persons soe to be Enlisted
they shall muster Exercise and trayne vp once every three
moneths certaine and oftner if the Governor and Councell shall
see cause soe to order And every person enlisted into any
trayned l^and shall be bound to appeare vpon a Sumons or
Warning Giucn by the officers of the trayned Band foure tymes
every yeare or as often as he shall be therevnto lawfully re-
(juircd by the officers Comanding such trayned Band and there
muster l^xercise and trayne according as he shall be by the
said Officer commanded And if any person soe Enlisted
p. 103 summoned or Warned as aforesaid shall not appeare according



Assembly Proceedings, April- — May 1661. 413

to such Summons with one Good serviceable fixed Gunn and u. h.
Powder according to his Summons and order or shall refuse to jgV^'
muster Exercise or Trayne at the Comand of the said Officer
shall yearely forfeite for every such offence comitted fifty
pounds of tobacco the one moiety to the Lord Proprietary and
the other moyety to the vse of the Company vnles he shew
Good cause why he did not appeare as aforesaid to be allowed
by the officer Comanding in the said Company And be it
further Enacted by the authority and Consent aforesaid that
the Sherriffe be by Warrant vnder the hand of the Coll. Leiue-
tenn' Coll. Major or Captaine, or any other officer Comanding
in such trayned Bands sufficiently authoriz'd to leauy the Pine
aforesaid vpon any the Goods or Chatties of any of the persons
soe offending as aforesaid And if any person or persons shall
be obstinate and maliciously refuse to Exercise muster or Trayne
as aforesaid And shall be thereof Convicted by two sufficient
Wittnesses before the Governor and Councell or any Courte
of Record after the third tyme in any one yeare being called
thereto shall be fined five hundred pounds of Casked tobacco
the one halfe to the Lord Proprietary and the other halfe to the
Company to be leauyed as aforesaid And if in case any such
person as aforesaid shall not haue Goods nor Chatdes to sattis-
fye the said fine of five hundred pounds of casked tobacco
shall Suffer two moneths Imprisonm' without Bayle or Mayne
prise. And in case any of the aforesaid Officers shall happen
to enlist any Servant in this Province and that dieir Master or
Da [me] shall refuse to lett such Servant soe enlisted goe to
such p[lace] or places soe appoynted by the respectiue Officers
for trayneing or shall refuse to furnish such Servant or Servants
with sufficient Gunns and Amunicon shall be Ijable to such
fine or fines as the aforesaid respective officers ought according
to this Acte from tyme to tyme to lay vpon any Freeman
Comitting the like offence. This Acte to endure for three
yeares or to the end of the next Generall Assembly

The lower howse haue The Vpper howse haue

Assented Assented

Will. Bretton Clk John Gittings Clre.



An Acte Concernino- the height of p- "^4

Fences

Whereas divers people in this Province haue and doe make
Insufficient Fences aboute their Come feilds whereby Catde and
horses are apt to goe in and destro)- the said Corne for p^en-
con of which for die future Be it Enacted by die Lord Pro-
prietary by antl with the Consent of the upper and lower hcnvsc



414 Assembly Proceedings, April — May 1661.

u. n. of this p'sent Generall Assembly That all fences for Come
J°""'^ feilds within this Province shall be five foote in height round
the said feild sufficient and strongly made in the Judgem' of
two Indifferent men viewing the same in case of trespas And
in case any horse or horses or other cattle shall happen to leape
over such fence as aforesaid or breake it downe it being suffi-
cient and strongly made as aforesaid That then the Owners of
such horse or horses or other Catde shall be lyable to pay the
trespas And in case the said Fence be not soe high that then
the 'Owner or owners of such Corne feilds shall beare tlieir
ownc losse corhitted by the horse horses or Catde as aforesaid
And in case any Inhabitant w"'in this Province shall venture to
kill any horse horses or other Cattle The party soe killing shall
forthwith pay vnto the part)' Greiued soe much tobacco as the
County Courte where such offence is coiTiitted shall Judge the
damage or losse to be

And be it further Enacted that all trespasses or other dam-
mages Susteyned on either parte shall be adjudged by the re-
spective County Courts where such offences shall be committed
and the viewers of such damage or trespas as aforesaid shall
certefye the same vnto the said County Courte vpon oathe this
Acte to be in force from and after the hue and twentyth day of
March next And then to endure for three yeares or to the End
of the next Generall Assembly

The Lower howse haue Assented The Vpper howse haue

Assented
Will Bretton Clk. John Gittings Clre.



An Acte Concerning the Setting vp of a Mint
within this Province of Maryland ■

I'^or as much as money being the Rule and measure of the
valine of Commodityes noe trade or CoiTierce can be well
managed without itt, And the want of itt in this Province is a
mayne hinderance to the Advancement of this CoHony in
Trades Manafactors Townes and all other thinges which con-
duce to the flourishing and happy State thereof Wee the
Freemen of this Province assembled in this present Generall
Assembly doe humbly praye the Lord Proprietary of this Pro-
vince to take order for the Setdng vp of a Mint for the Coyne-
ing of money within this Province and Consent that it may be
PLnactcd And be it Enacted by the Lord Proprietary with the
consent of the vp[)er and lower howse of this p'^sent Generall
Assembly that the money soe Coyned or which shall be Coyned
in the said Mint shall be as good Silver as the Currant Coyne
of linglish Sterling money, And that the weight of every Shil-



Assembly Proceedings, April — May 1661. 415

ling soe Coyned as aforesaid shall weigh above nine pence in u. h.
such .Silver as aforesaid And so proporconaljly for other peeces \(^.^"^,
of money Coyned in the said Mint

And it is further Enacted that every offence of Clippi[ng]
Counterfeiting Stealeing washing or any way diminish[ing]
any Coyne soe to be made within this Province, or of wittingly
Importing into this Province any Coyn[e] Counterfeiting any
Sorte of Coyne which shall be made in the said Mint, or that
shall be by the Lord Proprietarys authority and the authority
of this p'^sent Assembly, made Currant shall be deemed and
adjudged Felony and every offendor thereof Convict according
to the lavve of this Province shall suffer payne of death and
forfeite his or her lands Goods and Chatties within this Province
to the Lord Proprietary and his heires Lords and Proprietarys
of this Province

And it is further Enacted by the authority aforesaid that the p- '°''^
Lord Proprietary and his heires Lords and Proprietarys of this
Province shall take and Accept the said Coyne in payment for
his Rent Arreares of rent and all other Engagem'^ due vnto
him the said Lord Proprietary and his heires lords and Pro-
prietarys of this Province according to this Acte

The Lower howse haue Assented The Vpper howse haue

Assented
Will: Bretton Clk John Gittings Clre..

An Acte for Conveyance of all Letters
Concerning the State and Publike
Affaires

Be it Enacted by the Authority of this p''sent Generall
Assembly that all Letters whatsoeuer to or sent from the Gov-
ernor or Governor and Councell or any his Lo^.^ Councellors
or Justices of the peace touching the publike affaires of this
Province shall without delay be sent from howse to howse, the
direct way till they be safely delivered as directed ; And ever)'
person after Receipt of such Letter delaying to carry the said
letters to the next howse above the tearme of halfe an houre
shall pay for a fine to the Lonl Proprietary One hundred
pounds of tobacco vnles it were deliuered soe late in the daye
as that it could not before night be deliuered at die next howse
or that dirough violence of wynd or Tempest it could by noe
meanes be sent over the Creeke or River, if any Chance to be
betweene the howse where such letter shall be deliuered And
the howse to which it ought to be Conxeyeil Anil be it turther
Enacted that all publikc letters sliall be superscribed by the
person directing or sending the said letter vpon the out side of



41 6 Assembly Proceedings, April — May 1661.

u. H. the said letter tliat (vizt) to be sent from howse to howse And
J""""^' then Subscribe his name this Acte to endure for three yeares
' ^^ ^ or to the end of the next Generall Assembly

The lower howse liaue Assented The vpper howse haue

Assented
WiH: Bretton Clk. John Gittings Clre:



p. 107 An Explanacon of that Clause in an Acte

made by Captaine William Stone the
29'!' of Aprill 1650 concerning the
Secretaryes and Sherriffes ffees

Whereas there hath been diners disputes raysed concerning
the fees due to the Secretary for Searcheing the Records Bodi
howses doe make this Interpretacon of itt (viz') To haue foure
pounds of tobacco -[i ann onely notwithstanding Searches made
in severall Bookes (viz') without any Addicon of the former
yeares to be annexed to the Search of the last Search found

An Acte for the Repeale of the
Acte for Customes

This Assembly Considering the Clashing Betweene the Lawe
made at the Assembly held the second day of January 1646 at
S! Innagfoes Forte wherein in Consideracon of the Custome in
that Acte granted to his Lo? the Right honorable the lord Pro-
prietary he doth vndertake the whole charge of the Govern-
ment both in warre and in peace and that odier Acte confirmed
by his Lo''.' declaracon beareing date the six' day of August
1650 FZntituled an acte concerning [the] leavying of warre
within this Province in the last Clause [of] which Acte the
whole charge of any warre ariseing within this Province is to
be leauyed vpon the Province by an equall Assessment vpon
the i)ersons and Estates of the Inhabitants thereof any thing
in that Acte or any other acte to die Contrary thereof notwith-
standing And further takeing into serious Consideracon the
P'U rthen of diat Acte and the vast charge that hath been drawne
vpon die Province by the late trecherous Revoke of Josias
p. 108 Fendall and his Complises And die Create Expense diey must
be at to defend the Province against the Incursions of the Jane-
doe Indians that of late haue murthered some of the Inhabitants
thereof the which Charge by Acte of this p''sent Assembly they
have \ lulcrtaken Doe pray that by the audiority of the Lord Pro-
prietary wiiii die Assent of the vjjper and lower howse of this
(■cnerall Assembly die saiil Acte made at an Assembly held
tlie second ilay '>f January 1O46 at S' Innagos Forte and en-



Assembly Proceedings, April — May i66t. 417

tituled an Acte for Customes may be repealed And be it u. 11.
Enacted by the authority and Consent aforesaid that the said \'^J^^
Acte for Customes is hereby vtterly repealed forever

The lower howse haue Assented The Vpper howse haue

assented
Will Bretton Clk John Gittings Clre:



An Acte for Supporte of Governm'

To the End that wee the Inhabitants of this Province may
not be wanting to our schies whoe are to reape the fruits of
peace procured by a certaine and setled Gouernment and that
wee may as farre as our Condicon will permitt accknowledge
our thankefullnes to the Lord Proprietary of this Province for
his care and protection of vs in our Just rights (by raysing a
Supporte for the Government. Be it Enacted by the authority
and Consent of this p''sent Generall Assembly that noe person
shall trade with any Indians of this Province or goe through
any Rivors of this Province to trade with any Indians to the
Northward of this Province without lycence of his Lo^ or of
his Governor for the tyme being vpon payne of forfeiture to
his said LoP of all Comoditycs vnlawfully traded for and of all
vessells and trucke vnlawfully traded w'!' to the Contrary here-
of And that every taxable person within this Province shall
pay yearely twelue pounds of Casked tobacco p pole to his
LoP and his heires lords and Proprietarys of this Province for p- "^9
to be imployed to the Supporte of the Governm' here And
that his LoP may be assured that when the Charge of die
Indian warre either by peace or Victor)' is taken away Wee
doe really Intend to Contribute as largely as our Estates and
fortunes will permitt to the Supporte of his Gouernment And
that to our owne protection Be it further Enacted that that
Clause in this Acte giving twelue pounds of tobacco -p pole
for the Supporte of the Government endure for three yeares
only or to the End of the next Generall Assembly

The lower howse haue Assented The V^pper howse haue

Assented
Will: Bretton John Gittings Clre:



An Acte for leauying Eighteene pounds of tob.
p pole rajsed the last yeare

Be it Enacted by the Lord Proprietary by and widi the
advise and Consent of the vpper and lower howse of this
p''sent Generall Assembly that the Taxe of Eighteene pounds



41 8 Assembly Proceedings, Aprilr — May 1661.

u. H. of tobacco leau)ed the last yeare be this yeare payd where it
/e'"^^' ^^'^^ ""*• P^)'"-^ ^'^^ '^^'^ yeare And that Collonall Nathaniell Vtye
M' Thomas Gerrard 'W. Robe[rt] Slye the Boate and men
that carryed Captaine Fenda[ll] and M! Bateman vp the Baye
and such other just du[es] as the Governor and Councell shall
approve of and appo}nte be payd out of tlie said leauy The
Remayn[s] of the said Leavy to be to the p''sent Governor
towards the defraying the Charge in Proclayming the King
and paying the Guards of Souldiers

The lower howse haue Assented The upper howse haue

Assented
Will Bretton Clk: John Gittings Clre:

An Acte for Porte dutyes and Masters of Ships

Be it Enacted by the Lord Proprietary with the Assent of
the Vpper and Lower howse of this p''sent Generall Assembly
p. no That all Vessells whatsoever not properly belonging to this
Province hauino- a deck flush fore and afte comein^ in and
tradeing within the Province shall pay for Porte dutj-es or
Anchorage halfe a pound of powder and three pounds of Shott
or soe much in valine for every Tunne of Burthen to the Lord
Proprietary and his heires

And be it further Enacted that all Masters or Comanders of
Ships and other Vessells as aforesaid comeing into this Pro-
vince to trade shall giue Bond of three thousand pounds of



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