For establishing a mode of punishment for the enemies to America, in Virginia

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Whereas the most dangerous attempts have been made, by some persons in this Colony, to subvert the rights and liberties of the inhabitants; and whereas, by a Declaration of this Convention, a humane disposition towards such offenders has fully been manifested, who, notwithstanding, have failed to avail themselves thereof, and return to that duty which they owe both to this country and the rights of mankind; and whereas it is become necessary to declare what are and shall be considered as offences, to the end a regular mode of punishment may be established, and equal right and justice administered to all persons within this Colony:

Be it therefore ordained, by the Delegates of the people assembled in General Convention, and it is hereby ordained, by the authority of the same, That if any white person, or persons, who have been in arms against this Colony, shall fail to surrender himself, or themselves, to the Committee of Safety, within two months from the publication of this Ordinance; and if any white person, or persons, shall hereafter aid or assist the enemy, by inlisting Soldiers, giving intelligence, or furnishing them with Arms, Provision, or Naval Stores, or shall bear arms against this Colony; all and every such person, or persons, so having borne arms, or hereafter offending in manner aforesaid, shall, upon being convicted as hereafter mentioned, be liable to be imprisoned, or otherwise confined, in such manner as the Committee of Safety may direct. And proper persons shall be appointed by the Committee of Safety to take possession of their estates, both real and personal, and to cultivate the same to the best advantage, and pay the profits thence arising into the hands of the Treasurer of this Colony for the time being, to be disposed of towards satisfying the just debts of such delinquent, to be ascertained by the Committee of Safety; and the residue for the publick use, in such manner as the said Committee shall think most for the advantage of this Colony. And the principal estates shall be subject to the future determination of the Convention.

Provided, nevertheless, The Committee of Safety shall have full power and authority to pardon such as have heretofore been or shall be in arms against this Colony, or shall otherwise offend as aforesaid, upon being satisfied of his or their repentance, and desire to be restored to the confidence of this Colony, and returning to his or their duty; and in all such cases, the said Committee of Safety shall state the case of each offender to the Convention, to enable them to determine what should be done with their estates.

And whereas it is essential to the peace, the happiness, and safety of this Colony, that the Continental Association should be strictly observed, and that all violators of the same should be duly punished:

Be it further ordained, That from and after the passing of this Ordinance, all Merchants, Traders, or other persons who shall import into this Colony any goods, wares, or merchandise, contrary to the said Continental Association, (except in cases allowed by the General Congress, or the General Convention,) shall forfeit the goods, wares, or merchandise, so imported: and if any person,

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Provided, nevertheless, That no such vessel or vessels aforesaid shall be forfeited, except the value of the goods, wares, and merchandise, therein imported, or of the produce exported, exceed the sum of twenty Pounds sterling.

And be it further ordained, That if any person, or persons, shall hereafter, by writing, or otherwise, order any goods, wares, or merchandise whatsoever, to be imported into this Colony contrary to the Continental Association, except as aforesaid, all and every such person, or persons, so offending, shall, upon conviction thereof, be for ever rendered incapable of trading in this Colony; and every such offender, so convicted, who shall trade within this Colony contrary to this Ordinance, shall suffer, for every such offence, three months imprisonment, without bail or mainprize.

And whereas it is expedient and necessary, the better to determine all offences within this Ordinance, and for the more speedy carrying into execution the several penalties and forfeitures incurred thereby, that persons should be appointed to take cognizance of the same: Be it therefore ordained, That John Blair, James Holt, and Edmund Randolph, Esquires, or any two of them, be, and they are hereby constituted Judges to try and determine on all matters relating to vessels and their cargoes; which said judges shall have power to appoint an Advocate, Clerk, and such other person as they may think proper to act as Marshal, who shall, from time to time, execute all process of the said Court, to be issued and signed by the Clerk thereof. And all witnesses who shall be summoned, and fail to appear and attend the said Court, on such day as, their attendance was required, shall forfeit and pay the sum of fifty shillings, for which the said Court shall have power to give judgment, and award execution thereupon; and the said fines, when recovered, shall be paid to the Treasurer for the time being, for the use of this Colony.

Provided always, That any witness failing to appear before and attend the said Court, as aforesaid, shall, at any time within three months, be allowed such excuse as the said Court may think reasonable; and every witness attending the said Court shall have the same allowance as a witness attending the General Court.

And be it further ordained, That, in all cases of condemnation made of vessels or cargoes by the said Court, the person, or persons, proprietors thereof, shall, if they incline so to do, have an appeal to the Committee of Safety, on giving bond and security, in the sum of twenty Pounds, for duly prosecuting such appeal within thirty days from the time of granting the same; and the determination of the said Committee of Safety thereupon shall be conclusive. And in all cases where no such appeal shall be desired, the said Court shall appoint the Marshal to sell and dispose of such condemned vessels and cargoes.

And be it further ordained, That the Judges aforesaid shall, before entering upon the execution of their office, take the following Oath, to be administered by the Committee of Safety, to wit: "I —, do swear, that I will truly and faithfully execute the office of a Judge of Admiralty, according to an Ordinance of Convention; and that I will do equal right and justice to all men, to the best of my judgment, without favour, affection, or partiality. So help me God." And the said Judges, being so sworn, shall administer the following Oath to the Clerk and Marshal, that

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And be it further ordained, That the Judges, being so qualified, shall meet at such place within this Colony as they may think most proper for the execution of their said office, and shall have full power and authority to adjourn from day to day, and from time to time, to such other place as to them may appear necessary. And there shall be allowed and paid to each of the said Judges, by the Treasurer for the time being, the sum of twenty-five shillings per day for each day of sitting in, or travelling to or from, the said Court, for their services; and that there shall also be paid to the Advocate, Clerk, and Marshal of the said Court, so much for their services as shall be thought reasonable, in the opinion of the Judges of the said Court, for each respective capture. And the said Judges shall have full power and authority to displace or remove, at any time, such officers of their appointment as to them shall appear necessary.

And be it further ordained, That the Committee of Safety may, and they are hereby required to commission five members of the Committee of each County in this Colony, to be recommended to them by the respective County Committees, to take cognizance of, and determine, all offences contained in this Ordinance which may arise within their respective Counties, except such as relate to vessels and their cargoes; which said Commissioners, so appointed, shall take an oath well and truly to discharge the duty of Commissioners for their respective Counties, agreeably to this Ordinance, which oath shall be first taken by the person first named in the said commission, in the presence of the other Commissioners, and by him afterwards administered to them. And the said Commissioners, or any three of them, shall be and they are hereby constituted a Court for the purposes aforesaid, with full power and authority to meet at the Court-house of their respective Counties, or such other convenient place as they may think proper; and the Clerk of the Committee of the said County, and the Sheriff thereof, having first taken the like oath of office directed to be taken by the officers of the Court of Admiralty, shall attend the said Court, and in all things perform the duties of their respective offices, in like

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And be it further ordained, That in all trials pursuant to this Ordinance, the Commissioners aforesaid shall cause a jury to be summoned, and proceed in the same manner as hath been heretofore observed for the trial of civil causes in this Colony; and in case of condemnation, the said Court shall appoint Commissioners for taking care of and managing the estate of the offenders as aforesaid, in such manner as is hereinbefore directed.

Provided, nevertheless, The defendant or defendants shall have liberty to appeal, as aforesaid, to the Committee of Safety, whose judgment shall be final.

And be it further ordained, That if any slave, or slaves, shall be hereafter taken in arms against this Colony, or in the possession of an enemy, through their own choice, the Committee of Safety shall have full power and authority to transport such slave, or slaves, to any of the foreign West-India Islands, there to be disposed of by sale, and the money arising from such sale to be laid out in the purchase of Arms and Ammunition, or otherwise applied to the use of this Colony, as the Committee of Safety shall judge most proper; and in case such slaves, so taken in arms, or in the possession of an enemy, cannot be transported with convenience to this Colony, the same shall be disposed of for the use of this Colony, or returned to the owner or owners of such slaves, or otherwise dealt with according to an act of Assembly for punishing slaves committing capital offences, as the Committee of Safety may judge most proper.

Provided always, and be it further ordained, That the owner or owners of such slave shall be paid, by the Treasurer of this Colony for the time being, the full amount of such sale, or value of such slaves, after deducting the expenses and charge of transportation; which said valuation shall be made by the Commissioners in each County aforesaid, and certified to the Committee of Safety, who shall thereupon grant their warrant, directed to the Treasurer, for payment of the value of such slave as aforesaid.

And be it further ordained, That this Ordinance shall be published at the Court-house of each County, by the Sheriff; and at the several Churches and Meeting-houses in each Parish, by the clerk or reader, immediately after divine service.