« AnteriorContinuar »
avoyed, and the just freedome of the regulations for the appointment of a people by the uncertainty and licenti vestry, the selection of "Glebes," the oussness of the laws hardly to be pre induction of ministers to provide served. This assembly taking the readers, recognition of the Liturgy same into their serious consideration Church catechism, observance of and gravely weighing the obligations Sunday, marriages, bonds, etc.; prothey are under to discharge to God, viding for a “colledge," and finally the king, and the country, have by providing for the organization and settling the laws diligently endea proceedings in courts, the style of the vored to prevent the like inconveni court, the forms and ceremonies to ences by causing the whole body of be observed and the documents to be the laws to be reviewed, all unneces observed, and many other things sary acts and chiefly such as might which furnishes a glimpse of primeval keep in memory our enforced devia life and simplicity, that carries the tion from his majestie's obedience, to mind back to the formative period of be repealed and expunged, and those civil government in this country. that are in force to be brought into The form of opening the court and one volume; and lest any prejudice the preliminary proceedings prescribmight arise by the ignorance of the ed were as follows: First, silence was times from whence these acts were in to be commanded, then let the cryer or force, they have added the dates of under sheriff make proclamation and every act to the end that courts say, “O yes, O yes, O yes, silence is might rightly administer justice and commanded in the court while his give sentences according to law for majestie's governour and councell are anything happening at any time since sitting, upon paine of imprisonment." any law was in force; and have also After silence is commanded, let the endeavored in all things (as neere as cryer
make proclamation, saying, the capacity and constitution of this “All manner of persons that have country would admitt) to adhere to anything to doe at this court draw those excellent and often refined laws neer and give your attendance, and of England, to which we profess and if any one have any plaint to enter or acknowledge all due obedience and rev suite to prosecute lett them erence,” etc., etc.
forth and they shall be heard." Then follows a series of acts com When silence is thus commanded mencing with the church and provid- and proclamation upon calling the ing for the establishment of one in dockett, the cryer shall call for the every parish, “ for the advancement plaintiff: of God's glory and the more decent “ A B come forth and prosecute celebration of his divine ordinances the action against C D, or else thou throughout the Plantation, including will be non-suit" And the plaintiff
putting in his declaration, the cryer 1675," when “the lords of the comshall call for the defendant. Then mittee for forrain plantations" made the defendant shall be called:
a report touching a grant to be part “CD come forth and thee and thy unto his majestie's subjects of Vir- , bayles, or else thou wilt forfeit thy ginia," at which there was “Present, recognizances."
the Kings's Most Excellent Majestie; At that time the most common pro his High Prince Rupert, Earl of Escess, we believe, was that of the capias sex; Lord Keeper, Earl of Craven; ad respondendum, and appearance and Lord Treasurer, Earl of Carberry; special bail were required in almost Lord Privy Seal, Viscount Fauconevery case at law. 2 Hening's Stats. berg; Duke of Albemarle, Viscount at Large, p. 59.
Halifax; Duke of Monmouth, Vis-
count Newport; Earl of Bridgewater, FARMED OUT TO LORDS CULPEPER
Mr. Sec. Coventry; Earl of North-
ampton, Mr. Sec. Winson; Earl of
TUCKY. This grant is dated February, 1673, Commencing with the year 1756, and is one of the most reckless, ex the general assembly seemed to be travagant, oụtrageous and improvi- engaged in providing means to carry dent acts ever any king of England on the war against the French and was guilty of. It virtually turned Indians—to protect the frontier-to over the management of the entire raising and arming troops, militiaPlantation to their control, demising men, minutemen, mounted men, rangunto them all rents, quit-rents, fines, ers and scouts, and to keeping in forfeitures and escheats, and consti- check the Papists, Dissenters, Quaktuting them general bosses.
ers, Baptists, Presbyterians and all This raised a general storm of in the ungodly. dignation and led to endless bicker In 1752, Augusta was the most disings, criminations and recriminations, tant frontier of the State of Virginia, protests and remonstrances, which and in February of that year, it after a delay of several years resulted being the 25th of George II., a statute in the grant of a new charter, dated was passed, entitled An Act for Toth of October, 1676.
encouraging persons to settle on the Among the records in the State waters of the Mississippi,” as follows: Paper office in England is a record of Whereas, it will be a means of cultithe proceedings which took place “at vating a good correspondence with the court at Whitehall, November 19, the neighboring Indians, if a proper
encouragement be given to persons the French and subdue the Indians; to settle on the waters of the Missis- consequently
find scattered sippi River, in the county of Augusta, throughout the records and proceedand whereas, a considerable number ings of the general assembly, comof persons, as well of his majesty's mencing with 1752, a series of acts innatural born subjects as foreign Pro tended for the protection of the testants, are willing to impart them inhabitants of the western frontier selves with their families and effects and for the encouragement of emigraand to settle upon the lands near said tion to the country lying beyond the waters, in cases they can have such Alleghanies and near the unknown encouragement for so doing, and Mississippi.
Mississippi. An Indian war ensued whereas, the settling that part of the and it was during this war that Col. country will add to the strength and George Washington, afterward known security of the colony in general, and throughout the world as Gen. George be a means of augmenting his majes- Washington, first distinguished himty's reverence of quit-rents. Be it self. The assembly, in 1755, reciting therefore enacted by the lieutenant- that the officers and private soldiers governor, council and burgesses of of the forces levied “in this colony this present general assembly and it had, in the late engagement on the is hereby enacted by the authority of Monongahela, behaved gallantly and the same:
That all and every person sustained great loss,” voted the sum and persons being Protestants, who of three hundred pounds to Col. shall hereafter settle and reside on Washington, other sums to different any lands, situate to the westward of officers by name, and five pounds to the ridge of mountains that divides each serving soldier. 6 Hening's the rivers Roanoke, James and Poto Stats. pp. 527, 528; see also 7 Hening, mack from the Mississippi, the pp. 282, 331. county of Augusta, shall be and is In November, 1769, Ioth George and are exempted and discharged III., the county of Augusta was difrom the payment of all public, vided into two counties by a line becounty and parish levies, for the term ginning at the Blue Ridge running of ten years next following, any law, north fifty-five degrees west to the usage or custom
to the contrary confluence of May's creek or the South thereof, in any wise, notwithstanding. river, with the north branch of James 6 Hening's, p. 258.
river, thence up the same
to the The restless and adventurous spirit mouth of Cross creek, thence up the of the explorer had already taken said creek to the mountain, thence possession of the people, and they north 55 degrees west, as far as the longed to see what was beyond and courts of the two counties shall exthey especially desired to drive out tend it, and all that part of the said
county and parish which lies on the one common interest all the citizens south side of said line shall be one of the state to which a good waggon distinct county and parish and called road through the great mountains and known as Botetourt, and all the into the settlements in the said county other part thereof which is on the will greatly contribute; but such road north side of the said line shall be necessarily passing, for a considerone county and retain the name of able distance, through a tract of Augusta. 8 Hening's Stats., p. 396. rough and uninhabitable country,
By 4th section of this act it was can neither be made in the usual way provided that the court of the county by the adjacent inhabitants, nor can of Augusta “shall have jurisdiction the practicability or charge be propof all actions and suits both at law erly judged of, until the country hath and equity which shall be depending been explored and such road been before them at the time of the said paced out. Be it enacted by the gendivision, and shall and may try and eral assembly, that Evan Shelby and determine all such actions and suits, Richard Callaway be appointed for and issue process and award execu that purpose and they are hereby emtion against the body or estate of the powered and authorized to explore defendants in any such action or suit the country adjacent to, and on both in the same manner as if the act had sides the Cumberland Mountains and never been made, etc. 8 Henning, p. to trace out and mark the most con396.
venient road from the settlements on In October, 1779, 3d of the Com the east side of the said mountains monwealth, a statute was passed en over the same into the open country; titled “An Act for working and open in the said county of Kentucky; and ing a road over the Cumberland to cause such road with all conveniMountains into the county of Ken ent despatch to be opened and cleared tucky.” In the preamble of which, it in such manner as to give passage to is recited that, “Whereas, great num travellers with pack horses for the bers of people are settling upon the present, and report their proceedings waters of the Ohio river to the west therein, to the next general assembly, ward of the Cumberland mountains, together with a computation of the in the county of Kentucky and great distance and the best estimate they advantages will redound to the com can make of the practicability and monwealth, from a free and easy
a free and easy charge of completing the same and communication and intercourse be making a good road, etc. tween the inhabitants in the eastern ings Stats. 143; 13 Henings Stats and 'western parts thereof, enabling 184; 13 Hening's Stats. 544. them to afford mutual aid and sup In October, 1785, 1oth of the comport to each other, and cementing in monwealth, and act was passed en
titled, "An Act concerning the erec running up the same and its main tion of the district of Kentucky into fork to the head; thence south to the an independent State." 12 Hening's nearest waters of Hammond's creek, Stats. at Large, p. 37.
and down the same to its junction In October, 1786, 11th of the com with the town fork of Salt river; monwealth, another act was passed thence south to Green river, and down entitled, “An Act making further the same to its junction with the Ohio, provision for the erection of the dis- shall be one distinct county, to be trict of Kentucky into an independ called and known by the name of Jefent state.” 12 Hening, p. 240; see ferson. also, p. 788, 789; 13 Hening, p. 17. "And all that part of the said
In May, 1780, 4th of the Common- county of Kentucky which lieth north wealth, the county of Kentucky was of the line, beginning at the mouth of divided into three
counties Kentucky river and up the same and formed by a statute entitled “An act its middle fork to the head; and for establishing three new counties thence southeast to Washington line, upon the western waters,” and these shall be one other distinct county and new counties were named respectively called and known by the name of Jefferson, Fayette and Lincoln. The Fayette. And all the residue of said boundaries were defined as follows: county of Kentucky shall be one dis“All that part of the south side of tinct county and called and known by Kentucky river which lies west and the name of Lincoln." north of a line beginning at the
ELLIOTT ANTHONY. mouth of Benson's big creek, and