ATT A

GRAND ASSEMBLY,

BEGUNN AT JAMES CITTY THE 25TH OF APRIL,

ANNO DOMINI 1679, ANNOQ REGNI RS. CAROLI

SCDI XXXI.*

APRIL 1679−−−31st CHARLES II.

ACT I.

An act for the defence of the country against the incursions of the Indian enemy.

WHEREAS this grand assembly have taken into sad and serious consideration the sundry murthers, rapines, and many depredations lately committed and done by Indians on the inhabitants of the country, and the greate danger the ffrontier counties are exposed to by the frequent incursions of Indians, for prevention whereof, and for the future security of the country, Bee it enacted by the governour, councell and burgesses of this grand assembly, and the authority thereof, and it is hereby enacted, that fower houses for stores or garrisons be erected and built at the heads of the ffower greate rivers, vizt. Att the head of Potomack river, at Nieapico, (a) near Occoquan, one store house to be strongly built, and well covered to be sixty foot long, and twenty two foote square to be strongly built for ammunition, both which to be built and paid for at the publique charge. And that major Isaac Allerton, coll. St. Leger Codd, and coll. George Mason take upon them to provide the severall necessaryes hereafter mentioned for the said worke and houses, for which they shall be reimbursed by the publique in the respective counties where they live (that is to say) eight thousand eight penny nails, ffive thousand tenn penny nails, ffowre thousand twenty penny nails, ffower iron potts of about eight gallons each with pott hooks, ffower iron pestles, two haire sifters course, twelve milke treyes, six spades, two cross cut saws, six wedges, two broad axes, six falling axes, six hilling hoes, two drawing knives, two hand sawes, one grindstone, one ffrow, two hammers, six gimletts, two augers, one of an inch and one of an inch and halfe, two ffiles, one adze, two frying panns, two stocklocks, tenn bushells of salt and ffower washing tubbs. Att the head of Rappahanack river one storehouse or garrison with a small house, both of the dimensions aforesaid, and that major Lawrence Smith doe procure the severall necessaryes above mentioned, for which he shalbe allowed by the publique in tobaccoes in Glocester county, at the rate of tenn shillings per hundred with caske. Att the head of Mattopony, at or above the Indian townes, one store house or garrison with a small house for ammunition of the dimensions aforesaid, and that capt. Richard Johnson doe procure and provide the severall necessaryes above mentioned, for which he shalbe allowed by the publique in tobaccoes, to be paid in New Kent county at the rate of tenn shillings per hundred with caske. Att the head of James River on the southside above capt. William Birds, one storehouse or garrison with a small house for ammunition of like dimensions aforesaid, and that capt. William Bird (a) do procure and provide the severall necessaryes afore mentioned, for which he shall be paid for by the publique in Henrico county. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that every forty tythables within this colony be assessed and obleiged, and they are hereby assessed and obleiged to fitt and sett forth one able and suffitient man and horse, with furniture well and compleately armed with a case of good pistolls, carbine or short gunn and a sword, together with two pounds of powder and tenn pounds of leaden bullett or high swan shott, and alsoe that each respective forty tythables doe provide and send up to the severall store houses five bushells of shelled Indian corne and two bushells of meale, eighty pounds of good well salted porke, or one hundred pounds of good beefe for fower months provision for such man and his horse, and so from fower months to fowre months punctually. And be it further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that imediately after publication of this law the severall justices and militia officers of each county doe assemble themselves at some convenient place and consider of the proportion and divide the respective tythables of their counties into fforties, which fforty tythables soe by them devided and appointed to find a man and horse, armes, provision and ammunition as is before expressed, shall either refuse, neglect or be uncapable to fitt out such man and horse, armes, provisions and ammunition, in manner as aforesaid, that then the justices and militia officers of the said county be, and they are hereby impowred to impresse a man and horse with armes, ammunition and provisions as is aforesaid, and send them to the said storehouse or garrison, and assesse the said delinquent tythables, the whole charge thereof, and cause the same to be levied and paid where the same shalbe due. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that the pay of each private souldier or trooper for his personall service shalbe after the rate of two hundred pounds of tobacco and caske per month, and soe proportionably for greater and lesser tyme, and for a horse eighty pounds of tobacco and caske per month, and soe proportionably for greater or lesser tyme; and if after the proportioning the tythables of each or any county into fforties and lesse number shall remaine, such tythables shalbe assessed by the justices proportionably to the rest to help to defray the whole charge. And be it further enacted by the authority of aforesaid, and it is hereby enacted, that whensoever it shall happen that any one or more such souldier or souldiers soe fitted out as aforesaid, shall happen to dye, be killed, lost or disabled for service, or if any armes soe fitted and sent out shalbe lost, broken, spoyled or become unserviceable, and that their forty tythables to whome they are or any of the appertained, shall be delinquent in fitting and sending out others in their stead, and then in such case the respective justice and militia officers shall impresse, and are hereby impowred to impresse others in theire roome, but if such horse shall dye or be killed in the countries service, and good certificate be made thereof by the commander in cheife of the garrison to which he belonged to the assembly, or that such armes as are lost and broken, were lost and broken in the service, and not by neglect or fault of the souldier to whome they belonged, that then such horse or armes shalbe paid for by the publique according to the certificate of the cheife comander, but in case any souldier shall wilfully or carelesly spoile his horse, or kill or loose him, or spoyle, loose, or imbezell his armes, such soldier shall be lyable, and he is hereby made lyable to make full satisfaction for the same to the said fforty tythable who fitted the same out. And be it further enacted by the authority aforesaid, and it is hereby enacted, that in case any souldier, horse, or armes fitted out and sent by any respective number of tythables, shalbe by the justices and militia officers judged unfitt for such service, that then in such case the said justice and militia officers doe returne such man, horse and armes, and imediately impresse others in their roome, and assesse the pay and costs on those to whome the other belonged, or by whome they were sent out. And be it further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that for as much as the present necessity of the tymes requires able and prudent commanders who have both courage and good conduct, that a captains pay be twelve hundred pounds of tobacco and caske per month, he finding himselfe horse, armes, and provisions, &c. and that one of the lysted souldiers which he shall make choice of doe waite and attend him, that a lieutenants pay be eight hundred and ffifty pounds of tobacco and caske per month, the cornetts pay six hundred pounds of tobacco and caske per month, chirurgions pay eight hundred and ffifty pounds of tobacco and caske per month, each of those respective officers finding themselves horse, armes, ammunition and provisions. And if any of the said officers shall loose or have any of their horses killed in the service, that in such case, such horse soe lost or killed to be paid for by the publique. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted , that a box of medicines be bought or imprest by the commander in cheife of each garrison to the value of ffive pounds sterling or thereabouts not exceeding the said summe for the use of the garrison, and for payment thereof such captain drawing a note upon the next collector of the two shillings per hogshead, and to be by him paid, and allowed to him in the publique accompt. And be it further enacted by the authority aforesaid, and it is hereby enacted, that a corporalls pay and a trumpeters pay be ffifty pounds of tobacco per month over and above a private souldiers pay, which overplus pay of ffifty per month together with the other officers pay before mentioned shalbe payd and defrayed by the publique. And whereas diverse counties who are to send provisions &c. to the respective garrisons, lye farr remote from the said garrisons; It is hereby enacted, that the justices and militia officers of such county take care to send up their provisions and ammunitions with the best convenience and greatest security, which charge shall be paid for and defrayed by the publique. And be it further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that the souldiers to be raised in each respective county by vertue of this act, are forthwith with all possible convenience to be raised, and are to repaire to their severall garrisons, and to be upon the place by the twentyeth day of June next at furthest, and if possible sooner; and that each respective county send their proportion of men as is hereafter sett downe and expressed, vizt.

Henrico county, north side of Charles Citty county, Warwick county, Elizabeth Citty county, James Citty county, together with ffowre souldiers from Lower Norfolke county, fower from Nanzemond, fowre from the Isle of Wight, three from Surry, and two from the south side of Charles Citty county, be sent to the garrison at the head of James river; New Kent county, Yorke county, and one third part of Glocester county souldiers to be sent to the garrison at the head of Mattapony; Middlesex county, Rappahanack county, and two third parts of Glocester county, souldiers to be sent to the garrison at the head of Rappahanack river; Stafford, Westmoreland, Northumberland and Lancaster county, souldiers to be sent to Potomack garrison; Lower Norfolke, Nanzemund, Isle of Wight, Surry and the southside of Charles Citty county, souldiers to be rangers for the security of their respective counties according to such order and direction as shall be agreed upon and made by their militia officers. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that for the ease of publique charge, each respective souldier be, and he is hereby strictly enjoyned to be assistant by all convenient and possibly wayes for the secureing themselves, and building the guard house and store house or houses, that is to say, in falling, maulling, sawing, or doe any other matter or thing requisite or necessary, and alsoe in fencing to make pasture to secure their horses, &c. And be it alsoe further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that each garrison be supplyed with a good boate and oares, such as may be sufficient to passe over at least three of fower horses at a tyme, and that the commander in cheife of each respective garrison be, and he is hereby enabled to procure and bargaine for such boate and oares to be accordingly paid for by the publique upon his certificate of the price thereof, a boate and oares for Mattapony garrison being already provided by coll. John West. And be it further enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that fower of the neighbouring Indians to each garrison be commanded by the comander in cheife thereof to be alwayes attending at each garrison. And because there is noe neighbouring Indians on the Virginia side resideing near the garrison on Potomack river, the commander in cheife of that garrison is hereby impowred and to hyre fowre of the Matteoman Indians in Maryland for the service of that garrison; And to avoyd all mistakes and harme that may ensue for being unacquainted with our neighbour and freindly Indians, and to the end wee may the better know them from our enemies in the ranging and marches, Bee it enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that all and every Indian towne have speedy notice, that if at any tyme any of them, or any of their freinds that may repaire to their townes, shall happen to meet with any of our souldiers ranging in the woods, or shall come neare any our plantations or people in any place or places whatsoever, that they must not flye, hide themselves or make any opposition, and that if they doe, they may be proceeded against with all manner of hostility as enemies; but if they shall stand peaceably and discourse the English, and give true accompt who and what they are, and upon their approach lay downe their armes, that then they shalbe civilly treated and noe harme shalbe offered or be done unto them. And forasmuch as the said garrisons may not any tyme be left destitute of suffitient defence against any enemy that shall or may attempt the same, Bee it enacted that tenn long guns or muskets be provided with one barrell of gunpowder and leaden shott or bullett proportionable thereto for each garrison to be kept in the store house belonging to it, for a reserve and defence for the same. And that the charge of such gunns, powder or bullett (if the same cannot be procured from his majesties stores, be payd for and defrayed by the publique. And to the end that the Easterne shore may not altogether be left without defence against the Indian enemy, if any shall attempt thereon, or any suspitions of such attempts shall arise among the inhabitants there; Bee it enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that the inhabitants on the Easterne shore may have, and it is hereby declared that they have the same liberty to make garrisons and raise souldiers in manner and forme as is allowed to the severall counties on the Westerne shore, or to raise and imploy their soulders in ranging as they find occasion. And be it further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that the severall assotiations on the south side of the James River shall and may (as they have occasion) erect like houses and garrisons as is at the head of the other greate rivers, towards which they shall be equally allowed by the publique with the other garrisons before nominated, And such officers as are imployed in ranging either on the easterne shore or the south of James river, be paid for the time of their service by the publique equally with other officers at the garrisons. And for the better encouragement and more orderly government of the souldiers, that what Indian prisoners or other plunder shalbe taken in warre, shalbe free purchase to the souldier takeing the same,* And where any difference shall happen among the souldiers in such or like matters, the same to be adjudged, decided or determined by their respective cheife comanders. And all such souldiers as shalbe maimed and disabled in the service to have an annuall pention allowed them by the publique at the discretion of the assembly, and that the articles of warre be published and practiced as is directed in the act of assembly made in the yeare 1675.