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Updated: May 28, 2025
One of the sections of this act is as follows: "That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the provision of this act, shall be and are hereby repealed." Hening's Statutes, vol. 6, p. 369.
But, before that month was come, the Council, seizing opportunity, acted for the whole. Immediately below the entry above quoted appears: "On the 28th of April, 1635, Sr. John Harvey thrust out of his government, and Capt. John West acts as Governor till the King's pleasure known."* * Hening's "Statutes" vol. I p. 223. So Virginia began her course as rebel against political evils!
*Hening's "Statutes", vol. II, p. 280. Three years later another woe befell the colony.
Thus another milestone was reached: the first oyster licensing law, as recorded in Hening's Statutes: Be it further enacted that for the better relief of the poor Indians whom the seating of the English had forced from their wonted convenience of oystering, fishing ... that the said Indians upon address made to two of the justices of that county they desire to oyster ... they, the said justices, shall grant a license to the said Indians to oyster ... provided the said justices limit the time the Indians are to stay, and the Indians bring not with them any guns, or ammunition or any other offensive weapon but only such tools or implements as serve for the end of their coming.
This case of 1679 taken from Hening's Statutes, was a forerunner of countless others like it which continue to this day: Robert Liny, having complained to this Grand Assembly that whereas he had cleared a fishing place in the river against his own land to his great cost and charge supposing the right thereof in himself by virtue of his patents, yet nevertheless several persons have frequently obstructed him in his just privilege of fishing there, and despite of him came upon his land and hauled their seines on shore to his great prejudice, alleging that the water was the King Majesty's and not by him granted away in any patent and therefore equally free to all His Majesty's subjects to fish in and haul their seines on shore, and praying for relief therein by a declaratory order of this Grand Assembly; it is ordered and declared by this Grand Assembly that every man's right by virtue of his patent extends into the rivers or creeks so far as low water mark and it is a privilege granted to him in and by his patent, and that therefore no person ought to come and fish there above low water mark or haul seines on shore without leave first obtained, under the hazard of comitting a trespass for which he is sueable by law.
The need of establishing towns as foci for the developing countryside had been felt and now the legislators turned their attention to promoting the fish markets therein, followed by some essential protection of the rights of fishermen and others. Hening's Statutes gives the details: October, 1705.
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