such respective death or deaths, removal or removals, resignation or resignations, the rest of the said Aldermen, together with the said Mayor and Recorder, if they should be living, and Common Councilmen, or the major part of them, shall at a time by them to be appointed, meet within the said Borough and elect and nominate some other person or persons to be Mayor, Recorder and Aldermen of the said Borough, in the place and places of such person or persons so deceased or removed as the case shall require, so as the said Mayor so to be elected and nominated be at the time of such election and nomination actually one of the Aldermen of said Borough; and so as the said Recorder so to be elected and nominated be a person learned in the law; and so as the Alderman or Aldermen so elected and nominated at the time of such election and nomination, be actually of the Common Council of the said Borough; and the said Mayor, Recorder, Alderman and Aldermen so elected and nominated, shall at the time and place of election take the several oaths above mentioned, and subscribe the same, and subscribe the test; which oath the said Mayor, Recorder, or anyone of the Aldermen may, and is hereby required to administer; and shall then likewise, or on the said feast of St. John the Baptist, out of, and from among the inhabitants and freeholders of the said Borough, elect and nominate so many persons to be of the Common Council as shall be wanting to make up the full number of sixteen persons, and that the persons hereby appointed and named, or hereafter to be elected and nominated Mayor, Recorder, and Aldermen, be Justices of the Peace within the said Borough, the precincts and liberties thereof, and directors of the buildings and streets in the said Borough; and that they or any three of them, whereof the Mayor or Recorder for the time being shall always be one, shall have within the said Borough and the precincts and liberties thereof, full power and authority to make Constables, Surveyors of Highways, and other necessary Officers; and to rule, order and govern the inhabitants, and the buildings and the streets thereof, as Justices of the Peace, and Directors are or shall be authorised to do, and shall have power, and may execute all the Laws, Ordinances and Statutes in that behalf made, as fully and amply as if they were authorised thereto by express commission, willing and commanding that no other Justices of the Peace or quorum within our said Colony do at any time hereafter take upon them, or any of them, to execute the office of a Justice of the Peace within the said Borough or precinct thereof, in any cause, matter or thing hereby declared to be cognizable by the said Mayor, Recorder and Aldermen, notwithstanding any commission at large authorising them thereunto, saving always the authority and jurisdiction of our Justices of the Peace of our County of Norfolk, nor at any time hereafter to be assigned during the time of their holding their Courts in the said Borough, saving also to all and every other Judges, Justices and Officers, all such rights, powers, Jurisdictions and authorities granted, or which shall be granted to them or any of them by any statute or any act of Assembly of this Colony.

And further, we will grant unto the said Mayor, Recorder, Aldermen and Common Councilmen of the said Borough for the time being, full power and authority to erect work houses, houses of correction, and prisons within the said Borough, and to make, order and appoint such by-laws, rules and ordinances for the regulation and good government of the trade and other matters, exigensies and things, within the said Borough and precincts, as to them or the major part of them shall seem meet, and to be consonant to reason and justice and not contrary but as near as conveniently may be agreeable to the laws, acts of Assembly and statutes now in force; which said by-laws, rules and ordinances shall be observed, kept and performed by all manner of persons trading or residing within the said Borough, under such reasonable pains, penalties and forfeitures as shall be imposed by the said Mayor, Recorder, Aldermen and Common Councilmen, or the major part of them there assembled, from time to time, not exceeding forty shillings, current money of Virginia; which said pains, penalties and forfeitures shall be levied by distress and sale of the goods of the person offending, to be employed for the public benefit of the said Borough at their discretion. And further, we have given and granted unto the said Mayor, Recorder, Aldermen and Common Councilmen of the said Borough, and to their successors forever, and to all freeholders of the said Borough owning half a lot of land with a house built thereon according to law, and to all persons actually residing and inhabiting in the said Borough having a visible estate of the value of fifty pounds current money, at the least; and all persons who shall hereafter serve five years to any trade within the said Borough and shall after the expiration of their time of service be actually house keepers and inhabitants of said Borough; and for us and our successors, by these presents do give and grant to them full powers and absolute authority to name, elect, and send one Burgess out of the inhabitants actually residing and being within the said Borough; which Burgess elected shall have a freehold or visible estate within said Borough of the value of two hundred pounds sterling; and if such person so elected be not actually residing within the said Borough, then he shall have a freehold or other visible estate of the value of five hundred pounds sterling, to be present, sit and vote in the house of Burgesses of our said Colony of Virginia, and there to do and consent to those things which by the Common Council of our said Colony shall happen to be ordained. And do hereby grant and order that writ or writs of election of a Burgess for the said Borough shall be issued and sent to the said Mayor, Recorder and Aldermen, for the time being, when and so often as a General Assembly shall be called, or occasion shall require:-Provided always, That all such electors and voters shall and do, before they be admitted to give their votes at each election, make oath of their freehold, and the value of their personal estate, if the candidates or other electors shall require the same to be done.

And further, we, of our especial grace, certain knowledge and mere motion, for us, our heirs and successors, by these presents give and grant to

the said Mayor, Recorder, Aldermen and Common Council of the said Borough, and to their successors forever, full and free license, power and authority, to have, hold and keep three Markets weekly in some convenient place in the said Borough, to be by them appointed (that is to say) on every Tuesday, on every Thursday, and on every Saturday in the week; and also two Fairs yearly, to be held and kept on the first Monday in October, and on the first Monday in April, in every year, for the sale and vending all manner of cattle, victuals, provisions, goods, wares and merchandise whatsoever, on which Fair days, and on two days next before and on two days next after each of the said Fair days, all persons coming to, or being at the said Fair, together with their cattle, goods and merchandise, shall be exempted and priviledged from all arrests, attachments, or executions, except from toll and process from the Court of Pie-Poudre; and that the said Mayor, Recorder, Aldermen and Common Council, and their successors forever, shall have power to set such reasonable toll on all such cattle, goods, wares and merchandise, and all other commodities, as shall be sold in the said Markets and Fairs respectively, as shall be by them thought reasonable, not exceeding six pence on every beast, and three pence on every hog, and the twentieth part of the value of any other commodity sold therein;-Provided always, That the toll to be rated and assessed on the cattle and goods so sold, which shall be belonging to the freeman inhabitants of the said Borough, shall be but one half of the said toll which shall be rated on persons not freemen of the said Borough; and that the said Mayor, Recorder and Aldermen, or any three of them, of which the Mayor, or Recorder shall be one, shall and may hold a Court of Piepoudre, during the time of the said Fairs, for hearing and determining all controversies, suits and quarrels, that may arise and happen therein, according to the usual and legal courses in the like cases in England; and we do, for us and our successors, give and grant to the said Mayor, Recorder, Aldermen and Common Council, and their successors forever, all and every toll, profits and perquisites arising, due and incident from or to the said Markets, Fairs and Courts of Piepoudre, to be and by them, or the major part of them, used, laid out and expended for the benefit and advantages of the said Borough.

And further, we do grant, for us and our successors, that the said Mayor, Recorder and Aldermen, and their successors, or any four or more of them, of which the said Mayor Recorder or the last preceding Mayor or Senior Alderman shall be one, shall hold a Court of Hustings once in every month within the said Borough, of which Court they are hereby empowered to appoint and make Clerks and other proper officers from time to time as there shall be occasion, and to settle and allow reasonable fees, not exceeding the fees now settled and allowed in our County Courts of our said Colony; and shall have jurisdiction and hold plea of trespass and ejectment, and of all writs of dower for any lands and tenements within the said Borough, and all other acts personal and mixed, arising within the said

Borough, precincts and liberties thereof, and as a Court of Record, give judgement and award executions thereon, according to the Laws and Statutes of England, and of the said Colony; Provided, the demand in the said action personal and mixed do not exceed twenty pounds, current money, or four thousand pounds of Tobacco.

And provided nevertheless, That any party or parties, plaintiff or defendant, shall be at liberty to appeal from the judgement of the said Court of Hustings to the General Court, or to obtain a Writ of Error, or Supercedeas to such judgement returnable to the said General Court, under such limitations, rules and orders as are already prescribed and set down by the Act of Assembly, or Rules of the said General Court, for obtaining and prosecuting Appeals, Writs of Error, and Supersedeas, from the Judgement of the County Courts to the General Court.

IN WITNESS WHEREOF, we have caused these our letters to be made Patent; witness our trusty and well beloved William Gooch, Esq., our Lieutenant-Governor, and Commander-in-Chief of our said Colony and Dominion of Virginia, at Williamsburg, under the Seal of our said Colony, the fifteenth day of September, one thousand seven hundred and thirty-six, in the tenth year of our reign.

A copy by C. R. C.

(Signed)

WILLIAM GOOCH.

BIBLIOGRAPHY.

PRINCIPAL WORKS USED IN THE PREPARATION OF THIS PAPER.

GENERAL. Stubbs, Constitutional History; E. G. Scott, The Development of Constitutional Liberty; Bancroft, History of the United States, and the standard histories of the colony by Campbell, Burk, Howison, and Cooke.

VIRGINIA AS A WHOLE.-Hening, Virginia Statutes at Large, 13 vols., (1619-1792); Stith, History of Virginia; Wynne, Colonial Records of Virginia (1619-1680); Neill, Virginia Company of London; Neill, The English Colonization of America; Nova Brittania (1609), Force's Tracts, Vol. I.; A True Declaration of the Estate of the Colonie in Virginia (1610), Ibid., Vol. III.; For the Colony in Virginia Brittania, Lawes Diuine, Morall and Martiall, &c. (1612), Ibid; Hamor, A True Discourse of the present estate of Va., &c. (1615); A Declaration of the state of the Colonie and affairs in Virginia (1620), Force's Tracts, Vol. III.; De Vries, Voyages from Holland to America (1639), New York Historical Collections, 2nd Series, Vol. III.; A Perfect Description of Virginia (1649), Mass. Hist. Coll., 2nd Series, Vol. IX.; Palmer, Calendar of Virginia State Papers (1652-1781); Leah and Rachel (1656), Force's

Tracts, Vol. III.; Virginia's Cure (1662), Ibid.; An Account of the present state of Virginia (1698), Mass. Hist. Coll., 1st Series, Vol. V.; Beverly, History of Virginia (1705); Brock, Spotswood Letters, Vol. I., (1710-1712); Jones, Present State of Virginia (1724); Brock, Dinwiddie Letters, 2 vols. (1751-1758); Jefferson, Notes on Virginia, Washington, Jefferson's Works; Southern Literary Messenger (1834– 1864); Virginia Historical Reporter, Vol. II., Part I.; Virginia Historical Register, Vols. I.-IV.; Collections of the Virginia Historical and Philosophical Society, Vol. I.; Hotchkiss, Summary of Virginia.

SPECIAL WORKS CONSULTED FOR PARISH, COUNTY AND TOWN GOVERNMENT.-Smith, The Parish; Shaw, Parish Law; Hatch, Organization of the Early Churches (Bampton Lectures); Chalmers, Local Government (Eng. Citizen Series); Meade, Old Churches and Families of Virginia; Perry, Papers relating to the History of the Church in Virginia; Hawks, Contributions to the Ecclesiastical History of the United States; Brock, Vestry-book of Henrico Parish; Slaughter, History of St. Mark's Parish; Neill, Notes on Virginian Colonial Clergy; Maury, Memoirs of a Huguenot Family; Slaughter, Memoir of Hon. William Green, &c.; Virginia Gazette, Feb. 28-Nov. 14, 1755, Jan., 1776–Dec., 1777; Byrd, History of the Dividing Line, &c.; Kercheval, History of the Valley; Peyton, History of Augusta County; The Aspinwall Papers, Mass. Hist. Coll., 4th Series, Vol. IX.; New York Historical Collections, 1st, 2nd and 3rd Series; Burton, History of Norfolk; Forrest, Historical and Descriptive Sketches of Norfolk; Mordecai, Richmond in By Gone Days; Howe, Historical Collections, &c.