562 



FARMERS' REGISTER. 



No. 9 



Bee that the eayd vynes bee weeded, tended, and 

 well preserved." — p. 192. 



This act was repealed in the ensuing year, by 

 the following, which directs other cultures : 



" It is ordered. That the 25lh act made the 4th 

 day of Septeinber 1632 be repealed and voyd. 

 And that every planter as soone as he may, pro- 

 vide seede of flaxe and hempe shall sow the 

 same."— p. 218. 



The following short act, is the origin of the 

 present abominable law of inclosures, which ope- 

 rates now as a heavier tax upon agriculture, and a 

 greater absorber of its profits, and obstacle to iis 

 improvement, than all the other burdens imposed 

 in taxes, or otherwise : 



'* Every man shall enclose his ground with suf- 

 ficient fences or else to plant, uppon theire owne 

 perill."— p. 199. 



Another act of the same session, 1632, forbids 

 the killing of wild hogs, on the lands of others, 

 and oflfers a reward lor killing wolves. The set- 

 tlements, then, were all in the lower tide-water 

 counties, and the falls of the rivers were as yet in 

 " back-woods." It seems that at least one act of 

 protection had been effective — that for increasing 

 the number of cattle ; whereupon the assembly 

 determined not only to continue the prohibition to 

 kill female cattle, but also to prohibit their being 

 sent abroad to the other colonies, for sale : 



" Whereas it doth appeare that the late preser- 

 vation of female neate caile within this colony 

 hath much encreased the nomber of them and 

 inritcht this colony, and the continewance thereof 

 yet for a tyme will much encreasf* the nomber of 

 them further ; It is ordered, That no covves, 

 heifers, or female catle be transported to any 

 other parts out of the government of this colony 

 now established, upon the forfeiture of the catle 

 soe transported, or the true value of them, the 

 one halie of which forfeiture shall be to the in- 

 former, and the other halfe to pubiique uses. And 

 this act to continew in force untill the next Gene- 

 rall Assembly."— pp. 218-19. 



The limitations on producing tobacco being still 

 found insufficient to increase the price, the follow- 

 ing additional act was passed, in 1639, by which 

 half of the good tobacco, as well as all the bad, 

 waB ordered to be burnt. 



" Tobacco by reason of excessive quantities 

 made being soe low that the planters could not 

 subsist by it or be inabled to raise more staple co- 

 modities or pay their debts. Enacted, that the to- 

 bacco of that year be viewed by sworn viewers 

 and the rotten and unmerchantable and half the 

 good to be burned. So the whole quantitie made 

 would come to 1,500000 without stripping and 

 smoothing : and next 2 years 170 lb. tobacco per 

 poll strip! and smoothed was to be made which 

 would make in the whole about 1,300000 lb. and 

 ail creditors were to take 40 lb. for a hundred." 

 pp. 224-5. 



But tobacco being the current money in which 



all obligations were made, and debts paid, it fol- 

 lowed that the effecting the much desired object 

 of raising the price, would also as much increase 

 the actual amount of every existing debt. The 

 next thing necessary was to cut down every debt 

 to what the assembly deemed a proper amount, 

 which was provided for in the several following 

 acts of the same session: 



" Noe man to be obliged to perform above half 

 his covenants about fireighting tobacco in 1639." 

 p. 225. 



Debtors were " not to pay above two-thirds of 

 their debts during the stint," or prohibition of cul- 

 tivation of tobacco. — p. 226. 



An act to plant orchards, made in 1636, (of 

 which there is no other notice,) was reversed in 

 1639-40. 



The following provision, made the same year, 

 was a departure from the general principle of the 

 fence law, but which unfortunately was not per- 

 severed in : 



" Hoggs to be confined in pens by night and to 

 have keepers by day or owner to satisfie all dama- 

 ges done by them." — p. 228. 



In 1642, the owners of hogs were restored to 

 the rights which they continue to retain to this 

 day: 



" Be it also enacted & confirmed. That ev'rie 

 planter shall make a sufficient fence about his 

 cleared ground. And if he be deficient therein, 

 what trespass or damaire he shall susteyne by 

 hoggs, goats or cattle whatsoever shall be to his 

 own losse and detriment." — p. 244. 



The following enactment was made to guard 

 against a singular kind of waste — the burning of 

 houses, when left vacant, merely to get the nails : 



"And it is further enacted by the authorilie 

 aforesaid. That it shall not bee lawfull for any 

 person so deserting his plantation as aforesaid to 

 burne any necessary houseing that are scituated 

 ihert^vpon, but shall receive so many nailes as 

 may be computed by 2 indifferent men were ex- 

 pended about the building thereof for full satisfac- 

 tion, reservinge to the King all such rent as did 

 accrew by vertue of the former grants or planting 

 of the same from the expiration of the first seaven 

 years."— p. 291. 



" To rectifie the great abuse of millers. Be it 

 enacted that no person or persons shall for the 

 grinding any grayne that shall be brought vnto 

 them take above the sixth part thereof for toll." 

 p. 301. 



The following singular enactment doubtless was 

 expected to remedy all complaints against the 

 gentlemen of the legal profession, as it aimed to 

 destroy all the attorneys at one blow, by forbidding 

 their receiving any fees for their services. It is to 

 be presumed, from the results, that the prohibition 

 did not work well. 



" Whereas many troublesom suits are mnlti- 

 plied by the vnskillfullness and coveteousness of 



