AUGUST 1701.−−−13th WILLIAM III.

ACT I.

An act for the better strengthening the frontiers and discovering the approaches of an enemy.

WHEREAS the most proper wayes and means for the strengthening the frontiers of this his majesties most ancient colony and dominion against the invasions and incursions of an enemy by land, and for the better prevention of murthers, robberyes and other spoiles from being comited thereon is thought to be by setling in cohabitations upon the said land frontiers within this government,and that the best method to effect the same will be by encouragements to induce societyes of men to undertake the same, and whereas a less number than twenty able fighting men is not thought a sufficient defence in such cohabitations.

Be it therefore enacted by the Governour, Councell and Burgesses of this present Generall Assembly and the authority thereof, and it is hereby enacted, That these following encouragements shall be given for such cohabitations under the conditions, rules and directions hereafter following, that is to say, that there shall be granted to every certaine number of men who shall enter into societyes and agree to undertake such cohabitations any quantity of land not under the quantity of tenn thousand acres, nor exceeding the quantity of thirty thousand acres upon any of the frontiers within this government wherever it shall be found not legally taken up or possessed by any of his majestyes leige people, which land shall be held by such societyes or companies of men in common as tenants in comon and undivided to them and each of them, their and each of their heirs for ever as to their severall respective interests and propertyes in the said land and every part thereof, so that at the death of any of them the right of such person may descend to his heirs and so from heir to heir and not go to the survivor. Provided alwayes, that the power of ordering and manageing the said land and the planting and setling thereof, still be and remaine in the said societyes of men or undertakers and such of the heirs and purchasers thereof as shall be of age or the major part of them. And whereas the easing the charge usually accrewing in the first surveying and takeing up of land in this his majestyes colony and dominion and in the payment of quitrents would be a very great inducement and encouragment for the makeing the said cohabitations and defensive settlements, this present generall assembly haveing taken the same into their serious considerations and the inability of the country at this time by any other wayes or means to make any forts and such like defences.

Be it therefore enacted by the authority aforesaid, and it is hereby enacted, That when any grant and settlement shall be made in pursuance of this act, the charges of the surveying thereof and laying out the two hundred acres for the cohabitations and the land for the forts shall be defrayed by the country together with the quitrents due to his majesty for the first twenty years as they shall become due. And for a further encouragement,

Be it also enacted by the authority aforesaid, and it is hereby enacted, That all persons that shall go or be sent to settle and remaine in any of the settlements or cohabitations to be made by virtue of this act shall for the first twenty years after sch settlement made wherein they reside be free and exempted from paying any public, county or parish levyes within this government. −− And also for their further encouragement,

Be it enacted by the authority aforesaid, and it is hereby enacted, That all such persons as shall be seated in cohabitations by virtue of this act shall be also exempted from all military comands but what shall be setled by public authority among themselves and shall tend to their owne defence and security, and for the encouragment of all such persons able and well fited to serve in warr as shall join such undertakeing for cohabitations and be under the rules and directions herein and this act appointed and to be appointed where and so long as the quantity of land undertaken for shall be less than thirty thousand acres.

Be it also further enacted by the authority aforesaid, and it is hereby enacted, That there shall be granted to every such person untill the said quantity of thirty thousand acres shall be compleatly taken up a right to two hundred acres of land next adjacent at his choise together with halfe an acre to seat upon and live in not before seated upon within the said two hundred acres to be laid out for the cohabitation as shall be directed to be held and enjoyed by him, his heirs and assignes under the libertyes, freedoms, exemptions and franchises herein by this act given to such societyes and undertakers so long as the said person so joining himselfe his heirs or assignes shall continue and keep the conditions of the said settlements and cohabitation and no longer. Provided alwayes, and it is the true intent and meaning of this act that for every five hundred acres of land to be granted in pursuance of this act there shall be and shall continually be kept upon the said land one christian man between sixteen and sixty years of age perfect of limb, able and fitt for service who shall alsoe be continually provided with a well fixt musquett or fuzee, a good pistoll, sharp simeter, tomahauk and five pounds of good clean pistoll powder and twenty pounds of sizable leaden bulletts or swan or goose shott to be kept within the fort directed by this act besides the powder and shott for his necessary or usefull shooting at game. Provided also, that the said warlike christian man shall have his dwelling and continuall abode within the space of two hundred acres of land to be laid out in a geomitricall square or neare that figure as conveniency will admitt for the same to be laid out within the said quantityes of land first mentioned by this act to be granted. Provided also, that because the constitution of this country does not enable us to make such a settlement at once, and that it is not likely to be done among ourselves or from any other place without some reasonable time be given, it is the true intent and meaning of this act that if within two years from the obtaining any grant upon this act the grantees or undertakers shall seat or cause to be seated upon the said land and within the two hundred acres before mentioned to be laid out for cohabitation tenn able warlike christian men, armed and provided as aforesaid, and so for every two years, after tenn more such able, warlike christian men so armed and provided, untill the whole number shall be compleated of one such man so fixed for every five hundred acres such grant shall contain, and from time to time keep up such settlement it shall be taken for a full complyance and settlement within this act and to take and hold by virtue of such grant any thing in this act contained to the contrary notwithstanding. Provided also, that by the expiration of the two first years after the grant as aforesaid the said society or undertakers, and such as shall joine with them shall palesado in or cause to be pallisadoed in for a fort one half acre of land to be laid out in the middle of the said two hundred acres appointed for the cohabitation with good sound pallisadoes at least thirteen foot long and six inches diameter in the middle of the length thereof, and set double and at least three foot within the ground. And for further encouragement.

Be it also enacted by the authority aforesaid, and it is hereby enacted, That when such fort shall be made there shall be paid by the country tenn pounds sterling towards a publick store house and other necessary houses within the said fort: Provided also, that when any person or persons shall joine themselves to the said cohabitation after the first undertakeing as afore is said and shall desert the same or not keep up his or their part or parts of the conditions in this act mentioned, the said two hundred acres of land by this act appointed to be granted him or them shall revert to the king without any inquest or further inquiry, and be lyable to be taken up under the conditions he or they took up the same by the next that will and the halfe acre to the society of undertakers, any thing in this act to the contrary in any wise notwithstanding. Provided alwayes, that the governor or commander in chiefe of this majestyes most ancient collony and dominion of Virginia may and he is hereby desired to nominate, choose and appoint one or more as to him shall seem meet that shall be resident in each of the cohabitations or townes to be made by virtue of this act to reside and lodge in the fort and to command and rule the rest in all military affaires according to such orders and directions as he or they shall from time to time receive from the governor or commander in chief for the time being, and also to give directions in what shall be needfull or convenient in raising, maintaining and keeping their fort in repaire and strengthening the same. And for the further security of the frontiers as well towards the sea as land dureing these times of danger and for discovering the approaches of an enemy by sea,

Be it enacted by the authority aforesaid, and it is hereby enacted, That the colonels or commanders in cheife of the militia in the severall countyes of Elizabeth City, Accomack and Northampton, order and appoint two men in each of the said countyes at such times and places as the governor for the time being shall appoint, which said men shall keep a constant looke out to seaward by night and by day, and if they or any of them shall hapen to see any ship or vessell upon the sea they shall dilligently observe the courses and motions of the said shipp or vessell, and if upon the same the look outs who shall spye them have any suspition of their being enemyes they shall imediately give notice thereof to the next commision officer of the militia who is hereby required forthwith to signify the same to the cheife commander for the time being of the militia of that county.

And be it further enacted by the authority aforesaid, and it is hereby enacted, That when any notice shall be given to the chief officer of the militia for the time being in any frontier county either by land or sea of the approach of an enemy, such cheife officer is hereby authorised, impowered and required imediately to issue his warrants for the impressing horse and man and boat and hands as the occasion shall require to carry the said notice to the governor or commander in cheife of this his majestyes colony and dominion for the time being and to the cheife officers of the militia in the next adjacent frontier county with what orders and directions he designes therein and is also hereby further authorized and impowered to call together such number of the militia as he shall think fitt and together with the advice of the commission officers who shall meet him to march the said militia against the enemyes and to imbattle, repell, subdue, take, kill or destroy them untill further order to be given by the governor or commander in chief for the time being.

And it is further enacted by the authority aforesaid, That the look outs by this act appointed shall for what time they serve be paid by the public after the rate of two hundred pounds of tobacco per month.

And be it further enacted by the authority aforesaid, That the militia raised or to be raised by force and virtue of this act if they be out above four dayes they and every of them shall receive pay and be satisfyed by the publick for every day they shall be in service after these rates, vizt: each captaine finding himselfe horse, armes, ammunition, provisions and all other necessaryes tenn thousand pounds of tobacco and caske for one year, and so proportionably for a shorter or longer time, each lieutenant finding and providing himselfe with horse, armes, ammunition, provisions and all other necessaryes five thousand pounds of tobacco and caske for one year and so proportionable for a shorter or longer time, and every private souldier finding himselfe horse, armes and amunition and all other necessaryes three thousand pounds of tobacco and caske for one year and so proportionable for a shorter or longer time.