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Colonial and State Records of North Carolina
Agreement between Maryland, Virginia, and Albemarle County concerning the cessation of tobacco planting
Carolina. Albemarle County; Maryland; Virginia
July 12, 1666
Volume 01, Pages 141-143

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[B. P. R. O. Colonial Papers. Vol. 20. No. 114.]

Articles agreed, and concluded upon at James City the 12th of July 1666 Betweene the Honble Thomas Ludwell Esqre secretary of Virginia Majr Genll Robt Smith, Majr Genll Richard Bennett, Capt Daniell Parke, Capt Joseph Bridger Capt Peter Jennings and Mr Thomas Ballard Gent: Commissiors from the Right Honoble Sr Wm Berkeley Knt and the Assembly of Virginia and the Honoble Philip Calvert Esqre Henry Coursey Esqre Nathaniell Uty, and Robt Sley Esqre Commissiors from the Honoble Charles Calvert Esqre Governr of Maryland and the Assembly their sufficiently by the Laws and Comic̄ons of the Govrs and Colonies impowered and the Honoble William Drummond Governr of Albemarle County in the Province of Carolina, and Tho: Woodward surveyor Gen1 of the said Albemarle County Commissiors by the deputie Gen1 Court, and Committee of ye said County being ye Legislative power of ye said County for ye time being sufficiently impowered to treate, and conclude upon a totall cessation from sowing, setting, planting, or any waies tending any tobacco in any the three Colonies abovesaid, or any parte of them in the yeare 1667. Whereas there passed an Act entituled an Act for ye Encouragement of Trade at an Assembly held at Maryland ye 10th of Aprill 1666 wherein it is enacted that from and after ye first day of February which shall be in the present yeare 1666 untill ye first of February which shall bee in ye yeare of our Lord 1667 Noe Tobacco shall be sowed, sett, planted, or any waies tended in the said Province of Maryland, Provided That the Honoble Sr Wm Berkeley Knt and ye Assembly of Virginia and William Drummond Esqre Govr of Carolina, and ye Assembly there doe make the like act in their severall Assemblies Prohibiting the sowing, setting, planting, or any waies tending any Tobacco in the said yeare within their severall and respective jurisdicc̄ons, and whereas the said Honoble Sr Wm Berkeley Knight and ye said Assembly of Virginia did at an Assembly held at James City ye 5th of June last past in concurance with the said Act of Maryland make a Law with ye same Restricc̄ons and Prohibic̄ons of planting, setting, sowing, or any waies tending any Tobacco within this Colony of Virginia with the same provisions and Limitac̄ons as are conteyned in the said act of Maryland.

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And whereas the said Wm Drummond and Thomas Woodward Gov and Commissior for ye said Albemarle County have promised and undertaken to procure an Act in their Councell and Committee prohibiting the sowing, setting, planting or any waies tending any Tobacco in the said County of Albemarle from ye first of February which shall bee in the yeare 1666 till ye first of February which shall bee in the yeare 1667 and ye same Law so made one or more authentique Coppies Thereof cause to bee delivered to the Right Honble ye Govr of Virginia and the Honble Governor of Maryland at or before the last day of September next ensuing the date hereof.

And whereas ye said Act of Virginia and Maryland and the said Ordr of the Courts and Committee of Albemarle County signed by the deputie Gov Councill Speaker and Committie thereof Have amongst other Mattrs and things nominated, constituted, impowered and appoynted us the subscribed to bee Commissioners to treate, and concluded upon a totall cessation as aforesaid in the places and yeare aforesaid and to treate and conclude upon the most Effectuall meanes of putting ye said Acts into Effectuall Execution obleidgeing themselves and the publique Faith of their respective Collonies to ratefie, and confirme whatsoever shall bee treated, and concluded on by and between ye said Commissior in manner and to the intents aforesaid in obedience to and for the better execution of the said Act. It is therefore by us the said Comer of the said Respective Collonies concluded and agreed.

First That the said Lawes for a totall cessation from planting, setting, sowing, or any waies tending tobacco in any, or any part of all or either of the said Collonies of Virginia and Maryland bee effectually putt in Execution in Virginia and Maryland, Provided that the said Gov: Councell, and Committee of Albemarle County doe make a Law there prohibiting ye sowing, setting, planting, or any waies tending any Tobacco in the said County from ye first of February which shall be in the yeare 1666 till ye first of February 1667 in like manner as is already donne in Virginia and Maryland and the same act soe as aforesaid to bee made shall transmitt to the Gov of Virginia and Maryland or authentique Coppies thereof at, or before the last day of September next Ensuing the date hereof—

Secondly For the better and more effectual Execution of the said Lawes in the Several Colonies aforesaid. It is concluded and agreed by and between us the said Comrs that the Severall and respective Govr Councellor and Justices of the Peace and all other Publique officers within the said Collonies of Virginia, Maryland, and Albemarle County

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in Carolina to take a solemn oath upon the Evangelists to use their Best and utmost Endeavour fully and Effectually to see the said Lawes executed according to the true intent and meaning of the said Lawes and these Articles without any partialitie or evasion and the said oathes to bee taken before such persons as shall bee appoynted by the respective Collonies if they shall thinke fitt to appoynt any such.

Thirdly. For the mutuall and better securitie of each respective Province from any damage or Inconvenience that may arrive or happen to them by the breach of the said Act in their neighbour Collonies, It is agreed and concluded by and between us The Commissioners aforesaid that there shall bee free leave and full power Left to all and Everie of the said Colony to appoynt and impower such persons as they shall think fitt to goe into any part of their Neighbour Collonies there to see wether the said Act bee broken or not, and if they find them broaken then upon complaint made by the said persons soe impowered to the Govr of ye Colony soe offending against the Intent and meaning of the said Act, the said Gov and the other Magistrates of the said Colony offending as aforesaid shall bee oblidged forthwith to employ their respective authoritive and utmost power for the Effectuall punishment of such offenders by cutting up their Tobacco either sowen, planted, sett or tended as aforesaid.

That these above menc̄oned articles are our mutuall agreemts according to the power given Us as aforesaid. Wee the said Comrs have hereunto sett our hands and seales the day and yeare and in the place first above mentioned.

NATH: UTY (seale)
ROBT SLYE (seale)
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