APRIL 1691.−−−3d WILLIAM & MARY.

ACT XV.

An act for the better defence of the country.

WHEREAS great and many are the dangers which surround and threaten this dominion, being a defenceless and open countrey, subject either to invasions and incursions of our inveterate enemies, most neighbouring countries haveing already been involved in such difficulties and troubles that wee be not wholy surprised in case wee should be visited by such afflictions, but be capable of makeing as vigorous a defence as possible, and for the better and more effectuall preventing murthers, depredations, incursions and other spoyles that may be committed by our Indian and other enemies, Bee it enacted by their majesties lieutenant governour, councell and burgesses of this present generall assembly, and the authority thereof and it is hereby enacted, That whereas the right honourable the lieutenant governour by and with the advice of the councell out of their great (a) care for the preservasion and security of the peace of the countrey have already raised, listed and appointed one lieutenant, eleaven souldiers, and two Indians on the head of each great river, well furnished with horses and other accoutrements to range and scout about the heads of the said rivers for which they serve, and in such other places as shall be most likely to discover our enemies, that the said soldiers be, and are hereby continued as already setled for so long time (not exceeding the last day of Aprill, which shall be in anno 1692) as the governour with the advice of the councell shall think convenient and necessary, and that the pay of each officer and soldier be as followeth: The lieutenant or commander of each party of souldiers finding himselfe horse, armes, ammunition and provision, shall have and receive five thousand pounds of tobacco and casque out of the publique levie for one whole year, and so after that rate for a longer or shorter time, and each soldier finding himselfe horse, armes, furniture, ammunition and other necessaries, three thousand pounds of tobacco and casque, and so after that rate for a longer or shorter time; and whereas it is impossible at present so to provide, that the countrey be effectually defended with the least trouble and charge to the inhabitants thereof, Be it enacted by their majesties lieutenant governour, councell and burgesses of this present generall assembly, and the authority thereof, and it is hereby enacted, That the lieutenant governour or commander in cheife for the time being with the advice of the councell have power upon all occasions between this time and the last day of Aprill 1692, to raise, levy and muster so many and such a number of men, horses, armes and ammunition for the better defence of the same, and such forces already raised, or to be raised at all times to disband and discharge, as to them shall seem most conduccing to the advantage of this dominion, which said souldiers already settled or to be raised by force of this act, are upon all occasions to observe, performe and keepe all such directions, orders and commands as shall be appointed by the lieutenant governour, or commander in cheife for the time being, with the advice of the councell, and shall receive pay and be satisfyed proportionable to the time they shall be in service after these rates, vizt. each captain finding himselfe horse, armes, ammunition, provision and all other necessaries, tenn thousand pounds of tobacco and casque for one yeare, and so proportionably for a longer or shorter time, each lieutenant finding and provideing himselfe as aforesaid after the rate, as in this act is before exprest, and ever private soldier mounted, armed and provided as aforesaid after the rate as in this act is before mentioned.

And be it enacted by the authority aforesaid, and it is hereby enacted, That the two Indians by this act appointed shall each of them have and receive from the lieutenant of the Rangers to whome he belongs, eight yards of duffills and two barrells of Indian corne for the service for one year, and so proportionably for a longer or shorter time, and the said lieutenant shall be reimburst by the publique, and that the said lieutenant doe take charge to provide by warrant from the commander in cheife of the county where he resides, for each of the said Indians, one able horse, bridle and sadle, for which the owner or owners of the said horse or horses furnished as aforesaid, shall have and receive from the country in the next publique levie after the rate of eighty pounds of tobacco and casque for one moneth, and so proportionably for a longer or shorter time.

And forasmuch as by a clause of the 8th act of assembly, made at James Citty, October the tenth, 1665, it is enacted that the bounds of the Indians on the south side James river, be from the heads of the Southern branches of the Black water to the Appomatuck Indians, and thence to the Manokin Town, for the better explaining and ascertaining the bounds betwixt the English and Indians on the south side of James River, Be it enacted by their majesties lieutenant governour, councell and burgesses of this present Generall Assembly and the authority thereof, and it is hereby enacted, That a line from the head of the cheife or principle branch of the black water, to the upper part of the old Appomattocks Indian Town feild, and thence to the upper end of the Manokin Town be judged, deemed held and taken, to be the said bounds, and that the right honourable the lieutenant governour, with the advice of the councell bee requested to appoint some surveyor or surveyors to lay out, ascertain and plainly marke the said lines, and that all pattents or other grants of any lands laying without the said bounds be, and hereby are declared void and null to all intents and purposes as if the same had never been granted. And be it enacted by the authoritie aforesaid, and it is hereby enacted, That the right honourable the lieutenant governour with the advice of the councill be, and is hereby requested and impowered to appoint surveyors to lay out and marke a road from such convenient place above the inhabitants on the north side James River as he shall think fit, to some place above the inhabitants on Rappahanoc river, and likewise to appoint persons to cleer the same at least twenty five foot wide, for which service the said surveyor or surveyors and other persons imployed shall be allowed in the next publique levie. And be it further enacted by the authority aforesaid and it is hereby enacted, That no surveyor or surveyors doe within three yeares next after the laying out and cleering of the said road presume to lay out or survey any land or lands without the same for any person whatsoever, and also that no person which already hath taken up or pattented any land which may happen to be without the said road, do adventure to seat thereon untill the said three yeares after such laying out be expired. Alwaise provided, that the said time of restraint shall not be accounted, deemed or taken to be any part of the time limited for seating or planting of lands.