Hening's Statutes at Large

Pages 526-552 ======

Pages 569-584

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INDEX

TO THE

FIRST VOLUME

OF THE

STATUTES AT LARGE

======

ABSCONDING DEBTORS.

See Attachment.

ACCAWMACKE,

One of the original counties 224. Name of, changed to Northampton 249. Disturbances in, 380. How quieted 380, 384. Expenses of war in, how paid 550.

ACCOUNTS.

Limitation of actions on, 301. Exception 302. Further exception in favour of officers of court 312. Not recoverable without writing 485-6. But if the debtor will not deny the debt, on oath, the court may give judgment 486. Not to extend to decedents' estates 486.

ACTS OF ASSEMBLY.

All former acts repealed 177, 180. How published 177, 202. Not to be contravened by proclamation or order of court 264, 447. Penalty for resisting execution of, 270. All acts contravening the provisional government repealed 531.

ACT OF NAVIGATION,

Passed in 1651, never enforced in Virginia 513 note.

ADMINISTRATION

On decedents' estates, where to be taken 302, 447, 479. Letters of, not grantable till after third quarter court, except to widow 400, 479. Order of paying debts 400. Estate, how sold, 400, 479. Quietus 401, 447, 479. Surplus estate, how disposed of 401, 471.

ADMINISTRATORS.

See Executors and Administrators.

ADMIRALTY,

Court of, established, composed of the Governor and Council 537. Their jurisdiction 537-8.

ADULTERY.

Singular judgment of the Governor and Council for, 145, note. How presented 240, 310. Punishment of, 433.

AGREEMENT

With the Governor of Maryland as to commerce 276.

ALARMS,

Adjoining plantations to assist in, 174, 198. No guns to be shot at drinkings, except at marriages and funerals 401-2.

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INDEX.

ALIENS.

All aliens compellable to serve as long as Irish servants 471.

ALLEGIANCE. −−− See oaths.

Oath of, to be administered to each passenger, on his arrival at Point Comfort 166, 191. Punishment for refusing to take it 166, 191, 214.

AMENDMENTS,

To the Constitution of the United States 26, 30.

AMMUNITION

To be provided for each plantation 127. Payable at the fort of Point Comfort 166, 191, 218. Not to be sold to Indians 219. Or lent to Indians 255. Penalty for bartering or selling to Indians 441. For lending 441. Free trade allowed with Indians for, 525. Every man to be provided with a gun, and certain quantity of, 525.

ANCIENT CHARTERS,

To the colony of Virginia 57, 118.

ANCIENT RECORDS,

Relating to Virginia, some account of, 76.

APPEALS

Allowed from monthly courts to Governor and Council 125, 272, 477. And from quarter courts to Assembly 272. Damages on 272, 334. From county courts to quarter court and from quarter court to Assembly 304. When to be allowed 334. All former laws concerning, repealed, and new regulations concerning 345. Allowed from Appamattock to Henrico and Charles City 376. From county courts to

quarter court, and from thence to Assembly 398. Damages on 398. Security 398. −−− From the judgment of one or two commissioners, 435. Commissioner from whose judgment an appeal taken, not to sit on the trial of the cause 435. For what sums appeals allowed from county to quarter courts 477. From quarter court to Assembly 477, 519, 520. Damages on 477. Question referred to the Assembly by the Governor and Council, as to the right of appeal 515, 516. Allowed from Northampton county, for what sum 529. Act restricting the right of, repealed; and appeals allowed for any sum, except as to Northampton county 541. Damages on, fifty per cent. 541. −−− No appeal till final judgment 541. Juries to assess damages on 541.

APPEARANCE.

Of defendants in civil action, when to be 271. Penalty for failing 272.

APPAMATTOCK,

Inhabitants of. authorised to hold courts 376. Appeals to Henrico and Charles City courts 376.

APPRAISEMENT

Of decedents' estates 170, 201, 479. Allowance for 417. Of goods taken in execution 259, 442.

APPRENTICES.

Penalty for dealing with other mens' 274-5. Provision for binding out, in each county

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INDEX.

336-7. Two from a county to be sent to Williamsburg 335. How employed, their allowance, accommodation, &c. 336-7.

APPROPRIATION

Of the public revenue 142, 171, 195. To Benj. Harrison 229. To the payment of certain public claims 551.

AQUA VITÆ. −−− See spiritous liquors.

ARCHER'S HOPE.

Encouragement for settling between Archer's Hope and Queen's Creek 199.

ARMS,

Precautions concerning 127, 173, 198. To be carried to church 174, 189, 263. Not to be sold to Indians 219, 255. Or lent to Indians 255. All persons to be provided with, except negroes 226. Penalty for bartering or selling to Indians 441. For lending 441. Indians may user their own, within their limits 518. Free trade allowed with Indians for 525. Every man to be provided with a gun, and a certain proportion of ammunition 527.

ARRESTS.

Burgesses privileged from 125, 172, 263, 444. Also their attendants 444. Privilege waved 550. Penalty on defendant for not appearing, after 272. No arrests to be on Sabbath days 457. Or at musters 457.

ARTICLES

Of confederation 37, 46. For the surrender of Virginia to

the authority of the parliament 363, 367, 472. Right of free trade under, asserted by assembly of Virginia 535.

ARTIFICERS.

Stat. 1 Jac. chap. 6, concerning, adopted 167. Not to forsake their work 193. To follow their trades 208.

ASHES

To be saved in each family, from new grounds 151.

ASSEMBLY −−− See Burgesses.

When first held in Virginia, and of whom composed 118, 121, note. Jurisdiction of, in appeals from quarter court 272, 519, 520. No taxes to be raised, but by a Grand Assembly 320. Penalty on sheriffs for disobeying any act of 333. Judicial proceedings in 375-6, 405. Judgment against Nat. Battson 383. Punishment of 383. Members of, how elected and returned 411, 412. Right of suffrage abridged 412. Again extended to all free-men 403. To confirm appointment of magistrates 480. Clerk of, his fees 490. Vacancies in members of, how supplied 493-4. Proceedings in the House of Burgesses, as to adjournment of 496. Contest between the Governor and Council and House of Burgesses, as to the Constitutional power of the former to dissolve the Assembly, during the Commonwealth 499, 505. The Burgesses declare that they have in themselves the power of election of all officers, and are

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INDEX.

not dissolvable by any power in Virginia 502. Consulted by the Governor and Council as to the right of appeal 515, 516. Judgment of, in an appeal from Surry court giving a law an ex post facto operation 516. How convened 517. Annual session of 517. Governor may convene, in cases of emergency 517. Take the powers of the government into their own hands 530. All the writs to issue in the name of the Grand Assembly 530. −−− Reasons for assuming the powers of government, that there was no government in England 530, 531. No Burgess of the Assembly of 1659-60, to accept of any other office 540. Their declaration assigning reasons for assuming the government, to be proclaimed and recorded 544. Causes remanded to courts of common law, being extrajudicially brought in 545. Transactions of Assembly of 1658-9, not to be disputed in 1659-60, pa. 550.

ASSIGNMENT

Of bills and accounts 314. Not to be without the knowledge of both parties, in order to be set-off 449.

ATTACHMENT,

When granted for bail against his principal 305, 448. When for sheriff, 448. Against debtors removing to distant settlements 409, 471. Execution on, how issued & levied 409, 471. Upon a non est inventus 466.

ATTORNIES, AT LAW,

How licensed 275. Restricted

to certain courts 275. To be sworn 275. Their fees, in county and quarter courts 275. penalty for exceeding the legal fees 275. Cannot refuse to be retained, unless employed on the other side 275. −−− Attornies by letters of procuration from England, excepted 276. All mercenary attornies expelled from office 302. Act for licensing repealed, & act for expelling them made perpetual 313. No commissioner, sheriff, clerk or other subordinate officer to plead as attorney n the court to which he belongs 330. Not to take any fees 349. −−− Court may open the cause for a weak party, or appoint some indifferent person 349. No other attornies admitted 349. Act expelling mercenary attornies repealed 419. Governor and Council to license for quarter courts, and commissioners for county courts 419. Controversies about their fees to be determined by the courts 419. Who to be called counsellors 419. Act against mercenary attornies revived 482. Compellable to discover, on oath, whether they have violated the law 483. Conferrence between the House of Burgesses and Governor and Council as to the constitutional right of expelling them 495-6. No sheriff, under sheriff or clerk of a court, permitted to plead as, 523.

ATTORNIES IN FACT.

To give security for costs for

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xxix ====== [should have read 557]

INDEX.

non-residents 522.

AUCTION,

Decedents' estates to be sold at 201, 400.

BAIL

To be taken by sheriffs on arrests 305, 448. If neglected, sheriff liable to the judgment of the court 305, 448. If the defendant fail to appear, the bail liable 305, 448. Bail may have an attachment against principal 305, 448. When bail may discharge himselfe by producing the principal or his goods 305, 448. When sheriff may have attachment 448. −−− How he may discharge himself 448.

BAILIFFS,

When appointed 224.

BANNS

Of marriage, how published 156, 181, 241. Penalty on minister for marrying without 332, 433.

BAPTIZING. −−− See Christening.

BARREL-BOARDS. −−− See Staple Commodities.

BARRELS,

Contents of, for corn 170, 195, 268, 473. To be sealed 170, 195, 168, 473. Penalty for selling without 170, 195, 268, 473.

BASTARDS.

Proceedings against the reputed father of, whether servant or free man 438. Two maids got with child at sea, ordered to be sent back 552. An oath administered to a pregnant woman, and the child, born in wedlock, deemed a bastard 552.

BATTSON,
Nathaniel, judgm'nt against 383. Punishment of 385.
BAY
Of Chesapeake, persons restrained from removing to 465.
BENNETT.
Richard Bennett, the first Governor under the provisional government 371. Letters to, while in England 425.
BERKELEY, SR. WM.
Donation of orchard & houses to 267. Tax, in provision, for his accommodation 281-2. Expense of transporting such provisions, how paid 284. Further time allowed, to leave the colony 384. To carry his tobacco duty-free 384. Deed from, to Richard Bennett for a house and lot in James City 407. Allowance to, for his house 427. The fourth governor elected during the commonwealth 526. Elected by act of Assembly 530. Misrepresentations of Robertson and other historians, as to his appointment 526-7 note. To call Assembly once in two years at least, or oftener 531. Not to dissolve the Assembly without consent of a majority of the house 531. Port-charges and Castle-Duties payable to 543. Desires the advice and concurrence of the late Council, on his accepting the office of Governor 544. His declaration to be proclaimed and recorded 544. May elect one

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INDEX.

member of the council, not being a member of the House of Burgesses 546. His salary 546. To appoint collectors of export duties 547, 549. To appoint a secretary of state 547. Arrearages due to, how collected and paid 550.

BEVERLEY,

The historian, quoted by Robertson, but inaccurate as to the public transactions of Virginia, during the Commonwealth 513 note, 526 note.

BIGAMY,

Laws of England against, to be enforced 434.

BILL OF SALE

Not to be deemed fraudulent, if given to a creditor and possession accompany it 249.

BILLS

Actions on, limitted to three years from their date, unless renewed, sued upon, or recorded 390. Extended to five years 484.

BIRTHS,

Register of, to be kept by minister and church-wardens 155, 158, 180, 241, 433. To be kept by an officer appointed in each parish for that purpose, & certified to the clerk of the county court to be recorded 542.

BOATS,

Taking away, how punishable 170, 264, 460. Size and construction of, for the canada trade 175, 200.

BONDS,

Actions on, limitted to three years, unless renewed, sued upon or recorded 390. Extended

to five years 484. Form of, to be given by masters of vessels, not to interrupt the free trade of Virginia 535.

BOOK DEBTS,

Limitation of actions on 301. −−− Exception 302. Further exception in favor of officers of courts 312. Not recoverable, without writing 485-6. But if the debtor will not deny the debt, on oath, the court may give judgment 486. Not to extend to decedents' estates 486.

BOOKS,

Penalty for disposing of, or publishing those containing the tenets of the Quakers 533.

BOROUGHS. −−− See Representation.

BREWING,

Exclusive privilege of, in wooden vessels, granted to George Fletcher 374.

BRIDGES

Established at public expense 269.

BRIEFS

Granted by the Assembly to individuals, to collect charitable donations 381.

BRISTOL PARISH

Formed on Appamattox 251. May hold courts, with right of appeal to Charles City or Henrico 424.

BURGESSES.

Origin of the term, in Virginia 121, note. Privileged from arrests 125, 172, 263, 444. −−− Privilege waved 550. Their attendants privileged 444. To collect the taxes; power of distress; liability for neglect; to

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INDEX.

return a list of tithables 143. −−− How chosen 227, 333. Act concerning, 229. May be chosen in Lynhaven parish 250. In the parishes of Upper and Lower Norfolk 277. Their wages paid by the counties 267, 421, 473. But parochial Burgesses paid by the parish 421, 520. Allowance for servants to be paid in work 267. Number to a county limitted 299. Where elections for, to be held 300. Oath of 371, 387. Have the election of all officers under the provisional government 372. Governor and Council to be members of 373. Members expelled 374. Communication between house of, and Gov'r. Bennett on the choice of a Speaker 377-8. A clerk deemed ineligible 378. How elected and returned 411, 475. Qualification of, and of voters 412, 475. Right of suffrage abridged 412. Again extended to all free men 403, 475. Clerk of, who appointed 424. Salary of clerk of 424. Extracts from the journals of the house of 495, 516. How subjects to be discussed in the house of 497. Proposition to reduce the number of, negatived 498. Contest between the house of, and Governor and Council, as to the constitutional power of the latter to dissolve the Assembly 499, 505. The Burgesses declare that they have, in themselves, the election of all officers, and are not dissolvable by any power in Virginia, 502. A member of, suspended

507. Reinstated 507. −−− Rules of proceeding in the house of 507-8. Members of the house of, qualified by the Council 508. Form of the oath 508. Parochial Burgesses, their wages paid by the parish by order of the vestry 520. Sheriff's must hld elections for 545. Collectors may distrain for wages of, if payment refused 520-1. Penalty for not meeting on the day appointed 532. On sheriffs for not returning 532. No burgess of the assembly in 1659-60, to accept of any other office 540.

BURIALS. −−− See Deaths.

BURK,

The first historian of Virginia, who seemed disposed to detail the public transactions, during the commonwealth of England, with accuracy, 513, note. From the want of sufficient documents, sometimes mistaken 429, note, 513, note, 528, note.

BURYING,

Fees for 160, 184, 243.

BURYING GROUNDS,

To be inclosed 123, 161, 227, 241. Penalty for neglect 161, 185.

BUSHELS,

To be sealed 170, 268. Penalty for neglect 170, 268, 473.

CALENDAR

Julian and Gregorian 393. Note.

CANADA,

Size and construction of boats, for trading to 175, 200.

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INDEX.

CANOES,

Taking away, how punishable 170, 264, 460.

CANONS. −−− See Church.

CASK. −−− See Tobacco.

CASTLE DUTIES,

Contribution for 127. Duty of powder & shot payable at Point Comfort 176, 192, 218, 247. Repealed, and additional duty payable to the government 301, 312. How recoverable 382. Inhabitants, sole owners of vessels, exempted from 402. Payable to the governor 423. How payable and appropriated during vacancy of governor 533-4. Where to be paid 534. Collectors of, to be appointed 534. Payable to Sir Wm. Berkeley 543. Provision as to those accrued after the death of Mathews 543.

CATECHISM,

When and how to be taught by ministers 157, 181. Penalty on masters, children and servants from neglecting 157, 182. To be in the afternoon 290. Penalty on masters of families for not sending their children and servants to be instructed in 311.

CATHOLICS. −−− See Popery.

CATTLE,

Doct. Pott, late governor, found guilty of stealing 145. Female, not to be killed, unless past breeding, or likely to die 153. Exportation of female, prohibited 218. The 7th head of may be exported 227. Trespassing on fences 244-5. Act giving certain lost cattle to those who found them, repealed 332-3. How to be removed 466.

CENSUS,

Of inhabitants, with their property, &c. to be taken yearly 175, 200.

CHANCERY.

Proceedings in 303.

CHARLES I.

Beheaded 358, note. Penalty for defending proceedings against him 360. To asperse his memory 360.

CHARLES II.

Treason to doubt his right of succession 360. His restoration 529, note.

CHARLES-CITY,

One of the original counties 224. Courts of, to be kept on the south side of the river 426. Two courts to be held in 497.

CHARLES RIVER.

One of the original counties 224. Changed to York 249.

CHALMERS,

The annalist, quoted by Robertson, but inaccurate as to the public transactions in Virginia, during the commonwealth of England 526, note.

CHAPLAIN,

Of the assembly, his wages 549. Appointed 549.

CHARTERS,

Ancient, to Virginia 57, 118.

CHATTELS,

Conveyance of deemed fraudulent, unless recorded 418.

CHESCAKE,

Parish of, changed to Hampton 257. Settlers on, their lands confirmed 257.

CHICAWANE,

See Northumberland.

CHIPPOAKS,

Parish of, established 278.

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INDEX.

CHIRURGEONS. −−− See physicians and surgeons.

CHRISTENING −−− See births.

Fees for 160. To be done in the church 183.

CHURCH.

Churches to be built 122, 160. To be repaired, when and how 160, 185. Absence from 123. Uniformity to church of England 123, 155, 180. Ministers absent from 123. Penalty for not attending 144, 155, 180, 434. Ministers to confirm to canons of church of England 149, 277. Preaching, administration of sacrament, and marriages to be done in, except in cases of necessity 158. Arms to be carried to 174, 198, 263. Church government 240, 241. During vacancy of minister, all parishes to pay levies for building church, & purchasing a glebe 400. Government of, during the commonwealth 433. Left to the disposal of the people 433.

CHURCH GOVERNMENT,

During the commonwealth, how settled 433.

CHURCHING,

Fees for 160, 184, 243.

CHURCH WARDENS,

To present swearing and drunkenness 126. To assist in keeping parish register of marriages, births and deaths 155, 180. To be chosen at Easter, yearly, 155, 180. Form of their oath 156, 182. To present ministers for not preaching 157. Liable for ministers dues, if they fail to collect them 160, 185. When to present 227. How many to be appointed 240. Oath to present

certain offences 240. Their duty as to levies and collections 241. Amenable to county courts 291, 310. To present from their own knowledge, as well as the information of others 309, 310.

CLAIBORNE,

William, appointed secretary of state 523.

CLAPBOARDS. −−− See Staple Commodities.

CLERGYMEN. −−− See Ministers.

CLERKS,

Of quarter courts, their fees 266, 463-4. Of county courts, their fees 266, 464. Fees of regulated 295. May be punished by courts, for extortion 295. To keep records of the proceedings of courts 303-4. Of county courts, appointed by governor 305. That act repealed and appointed by county courts 448-9. Existing clerks to hold their office 449. Their fees in actions 305, 464. Their fees to be approved by the courts, and then distrained for 357. To give receipts for papers 408. Of the house of burgesses, their salaries 424. Their fees to be collected by sheriffs and collectors, and may be distrained for 465. Limitation in recovery of their fees 484. Of assembly, their fees 490. Not to plead as attornies, in the courts to which they belong 523. To enter accounts of orphans' estates ex officio 551.

CLERK OF CHURCH,

How paid 226. How appointed 241.

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INDEX.

CLERK OF MARKET,

At James City, how appointed, his power and duty 362.

CLOTH,

Not to be sold to Indians 219.

COLLECTORS

Appointed to receive the public levies, instead of Sheriffs 342-3, Their power and duty 343. Again appointed 356. Power of distress 356. To collect clerks' fees 357. Of port charges and castle duties appointed 534.

COINS,

Provision for, their denomination, and value 308-9. Pieces of eight, of whatever metal to pass current 410. Law repealed and none but silver to pass 397. Roanoke and Wompompeeke, to pass as usual 397. Value of pieces of eight 493.

COMMANDERS OF PLANTATIONS,

Originally judges of monthly courts 125. To collect fines for swearing and drunkenness 126. To provide a sufficiency of powder and ammunition for each plantation 127. Not to suffer powder to be wasted at drinking, &c. ibid. May imprison persons of quality who are delinquent as to powder ibid. Form of commission to 131. May levy a force to repel the Indians 140, 193. To see that the people attend church 144. To exercise the men on holydays & take a census of the inhabitants 174-5, 200.

COMMERCE.

See Free Trade.
With the governor of Maryland, regulated 276. With the king's

subjects in England, encouraged 296.

COMMISSIONER

Sent to England 128.

COMMISSIONERS

Of monthly courts, commissions to 132, 168-9. Jurisdiction expressed in, ibid. Same as justices of the peace 169. Jurisdiction extended 224. To build sufficient prisons, or to be liable for neglect 265. To be called commissioners of county courts 273. Jurisdiction of a single commissioners 273, 335. Summary redress against, for certain taxes 297. finable for not imposing fines on church-wardens for neglect 310. Not to plead as attorney, in the court to which they belong 330. One commissioner in James City, on south side the river, to exercise the jurisdiction of county courts 335-6. Not to be absent from court without good cause 350, 454. How leave of absence obtained, ibid. How appointed under the provisional government 372, 376. To be recommended by the court and commissioned by the governor and council 402. To examine lists of tithables, and fine sheriffs for neglect therein 376. To correct, take and certify lists of tithables 388. Jurisdiction of a single one, during the commonwealth 435. Of two, during the same period 435. Where appeal from judgment of, not to sit on the trial of the cause 435. To be confirmed by assembly 480. Writ of ease granted to a commissioner 546. A commissioner suspended 550.

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INDEX.

COMMISSIONS,

Form of, to commanders of plantations 131. To commissioners of monthly courts 132, 168-9. Sheriff's for collecting clerks' fees 465.

COMMITTEE

Appointed to revise the laws 431. For private causes 422. Report of, on the constitutional power of the governor & council to dissolve the assembly 502. To draw up an address to Richard Cromwell 512. For private causes 512. Of review of the laws 512.

COMMON,

Right of, adjudged, in Stanley Hundred 548.

COMMONWEALTH,

Of England, commencement & duration of 358, note. Free trade enjoyed in Virginia, during 513, note. Events during, grossly misrepresented by English historians 513, note. 526, note.

COMMUNION.

See Sacrament.

COMPACT,

With the governor of Maryland, as to commerce 276.

COMPANY,

Declaration against 230, 236.

CONFESSION,

Of judgment, may be made out of court, and execution thereon issue 304, 447. Before one or two commissioners 445.

CONSTABLES,

To present failure to plant corn 146. And also names of delinquents, and those who fail to tend it 344. Form of their oath

during the commonwealth 467.

CONSTITUTION,

Of the United States 9, 22. Amendments 26, 30. Of Virginia 50, 56.

CONSTRUCTION,

Of a will, not using words of perpetuity 405.

CONTEMPT,

Persons committed or suspended for contempt to the house of burgesses 387, 507, 515.

CONTEST,

Between the governor and council and house of burgesses, as to the constitutional power of the former to dissolve the assembly 499, 505.

CONTRACTS,

To be in money, and not tobacco 216. Not to be in money 262. In money not recoverable, unless for horses, mares & sheep 267-8.

CONVENTION,

Between the commissioners of the parliament of England and the colony of Virginia 363, 367. Act of indemnity 367, 472. −−− Right of free trade under, asserted by assembly of Virginia 535.

CONVEYANCES.

See Fraudulent Deeds.
To be registered or deemed fraudulent 227, 248-9, 417-8. Of lands goods and chattels, declared invalid, unless registered 472-3. No conveyance good till four months after registry 473.

COOPERS,

Encouragement of 330. Act for repealed 351-2.

COPPER.

See Coins, Staple commodities.

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INDEX.

CORN,

Engagement to plant it 125, 173, 197. Punishment for neglect 126. Persons sworn to see a sufficiency planted, ibid. Trade for, with the savages prohibited, ibid. Two acres per head to be planted 152, 166, 190, 246, 344, 419. Penalty for neglect ibid. Constables to present failure 246, 419. Contents of a barrel of 170, 195, 268, 473, −−− Sealed barrels and bushels to be kept 170, 195, 268, 473. Penalty for selling without 170, 195, 268, 473. When it may be bought or exported 227. Penalty for not planting and tending two acres, further enforced 344. Exportation of, prohibited 347. Price limited 347.

COSTS,

Security for, to be given by non-resident plaintiffs 522.

COUNCIL,

Oath of a member of 116. Governor and, to attend divine service, at beat of drum 162. Penalty for neglect 261. Nearest to warehouse, inspector of course 204, 211. One of, to assist at monthly courts 224. −−− Councillors & ten servants exempted from taxes 228, 445. Exemption suspended during an existing war 307. Councillor exempted from public charges and taxes, except church dues 279, 445. Council, under the provisional governm't 371, 517. Members of, chosen during the recess of the assembly, confirmed 422. Allowance for attending quarter courts and assemblies rescinded 498. To administer

the oath to members of the house of burgesses 508. A person committed, for slandering a member of 515. New election of certain members of 515. Members of, to be paid for their attendance only 523. How chosen, on the re-appointment of Sir Wm. Berkeley as governor 531. Councillors to hold their offices for life 517. Repealed 537. One member may be elected by governor Sir Wm. Berkeley 546.

COUNSELLORS.

None to be so called, but those qualified by the laws of England 419.

COUNTIES.

Original counties of Virginia, formed in 1634, viz. James City, Henrico, Charles City, Elizabeth City, Warwick River, (changed to Warwick in 1642-3, pa. 249.) Warrosquoyacke, (changed to Isle of Wight in 1637,) Charles River, (changed to Northampton in 1642-3, pa. 249, but afterwards resumed its original name,) 224. Boundaries of Isle of Wight, Upper and Lower Norfolk 247. Of Warwick 250. Name of Upper Norfolk changed to Nansimum 321. Northumberland established 352. Counties liable for taxes, in default of sheriffs, and to be reassessed for that purpose 354. Westmoreland established 381. Surry 373. Gloucester 374. Lancaster 374. New-Kent 388. Commissioners to ascertain

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565

INDEX.

boundaries of Nansimum & Isle of Wight 404. Part of Upper Norfolk added to Isle of Wight 423. Courts of Charles City to be kept on South side of the river 426. Rappahannock formed from upper part of Lancaster 427. Two courts to be held in Charles City 497.

COUNTY COURTS.

Fees of clerks of 266, 449. To provide for Burgesses' wages 267. Terms of, in the several counties 272, 472. Jurisdiction 272, 345-6, 398, 462, 477. Reduced to six, yearly, and to be called county courts instead of monthly 462, 273. Liability of commissioners of, for not taking security of sheriffs 284, 445. To take probate of wills and grant letters of administration 302-3, 447. Jurisdiction in all cases of law and equity 303. Records to be kept by clerks of 303-4. to be punctually held 305, 448. Extra sessions may be held 305, 448. To fine church-wardens for neglect 310. Mary allow rewards for killing wolves 328, 456. −−− One commissioner in James County, on south side the river, to exercise jurisdiction, of 336. May establish ferries and fix the rates 348. Commissioners of, not to be absent from, under a penalty 350. May license ordinary keepers and ferries 411. Fines imposed by, how appropriated 399. May appoint their own clerks 448-9. To have jurisdiction of maritime causes 466-7. May lay off parishes 469. To fix tavern rates of liquors,

from time to time, as the price of tobacco may rise or fall 522.

COUNTY LIEUTENANTS,

How appointed 224.

COURTS. −−− See monthly co'rts. county courts, quarter courts.

Courts to be held by inhabitants of Appamattock 376. Two courts to be held in Northampton 409. Repealed 550. May beheld in Bristol parish, with allowance of appeal to Charles City and Henrico 424. Of Charles City to be kept on the South side of the river 426. Adjournment of, forbidden 436. Two to be held in Charles City 497.

CREDITORS

Not to sue their debtors, if they have tendered satisfaction 264. Must prove demand before suit 264. Oath of demand sufficient 317. Non-residents to give security for costs 522.

CRIMES,

Servitude for, abolished 259.

CRIMINALS,

How kept for trial 264-5, 444. Charges of, how paid 265, 285, 310, 449, 461. No longer to be tried in counties, but at quarter court or assembly only 397-8, 476. Prisoners, how kept 398, 476. If convicted, his estate to remain with his wife and children 398, 476.

CROMWELL,

Oliver, when declared Protector, 358, note. His death ibid. Letter from the president of his council, announcing his death 509, 510,

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566

INDEX.

Measures contemplated by him for settling the government of Virginia, frustrated by his death 509, 527, note.

CROMWELL,

Richard, appointed successor of Oliver 358, note, 509, 511. His resignation 528, note. Letter from Oliver Cromwell's council announcing his death, and the accession of Richard 509, 510. The Assembly recognize him 511. Address to 512.

CUSTOMS, −−− See Duties.

Duty of ten shillings a hogshead imposed on all tobacco exported by foreigners during the commonwealth 469.

DAMAGES. −−− See Appeals.

On appeals 125, 272, 398, 477. After supersedeas 487. Fifty per cent. on all appeals; and to be assessed by a jury 541. Awarded by the Assembly 549.

DATE,

According to old and new style 393, note. Variable manner of writing it before the adoption of the new style in England 494.

DEACONS

To be appointed by ministers 208.

DEATHS,

DEBTORS.

Transporting them without notice, masters of vessels liable for their debt 200, 243, 437. Relief of, for tobacco contracts 225, 226. Lately arrived from England, process against suspended

256. Not to be sued before demand made, nor if they tendered satisfaction 264. Creditor's oath of demand sufficient 317. Insolvent, how relieved 294, 346.

DEBTS

Contracted in money, not recoverable 262, 267-8. Except contracted for horses, mares & sheep 268. For wine and liquors not recoverable 287. The last act repealed 295. Revived with a proviso as to selling on board a ship 350. King's debt to be preferred 351. Order of paying, in administrations 400. Money debts again recoverable 417, 474. Exception 417, 474. No debts recoverable of Indians 541. The King of Weanoak protected from, for a certain time 547.

DECEDENTS' ESTATES,

To be appraised in money 170, 201. To be sold by outcry or auction 201, 400. Administration on, where to be taken 302. Allowance for appraisement 417.

DECLARATION

Of independence 32, 36. Of rights, of Virginia 47, 50. Of the gov'r, council and burgesses of Virginia, against the company 230, 236. Of the assembly, on assuming all the powers of government 544. Of Sr. William Berkeley, on accepting the office of governor 544.

DEEDS

Adjudged fraudulent, unless entered in some court 227, 417, 418. Deed from Sir William Berkeley to Richard Bennett

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567

INDEX.

for a house and lot in James City 407.

DEMAND

Must be made by creditors before suit brought 264. Oath of creditor sufficient proof 317. Tobacco debts, when to be demanded 489.

DEMURRAGE

Not to be allowed 228.

DENBIGH

Parish, provision for uniting to Nutmeg Quarter 425.

DENIZATION,

How acquired 486. Privileges of children 486. Rights of, conferred on John Johnson, a Dutchman & Mill-Wright 545.

DEPOSITION,

How taken 304.

DESERTED LAND.

Lands deserted which have been seated may be taken up by others 291. How acquired 468. Penalty for burning houses deserted for sake of the nails 291.

DEVASTAVIT

Must be proved before execution against an executor's or administrator's proper estate, on a judgment against the testator or intestate 447.

DIGGES,

Edward, nominated as one of the council; approved by the assembly 388. Elected governor 408. Requested to retain the reins of government during his stay in the country 426. His rank in the council, after the expiration of his office of governor 426.

DISCOUNTS,

How allowed in court 296, 449. Act for, made perpetual 314.

Debts set off must be of like nature and value 449.

DISCOVERIES

Authorised and encouraged 262, 376-7, 381, 422, 548.

DISPATCHES,

Public, how conveyed 436.

DISSOLUTION

Of the Assembly ordered by the governor and council, opposed by the house of burgesses 499, 505. The burgesses declare that they are not dissolvable by any power in Virginia 502.

DISTILLING,

Exclusive privilege of, in wooden vessels, granted to George Fletcher 374.

DISTRESS. −−− See Clerks, Levies, Quit-Rents, Taxes.

DIVIDENDS,

Or lands, of each planter, to be surveyed 125, 173, 197.

DIVINE SERVICE. −−− See Church.

To be attended by governor and council 162.

DOWER.

Relinquished by lady Yeardley 145, note. How assigned, and what proportion of the land 405.

DRUNKENNESS,

Punishment for 126, 193-4, 433. How presented 126, 240, 310. Forfeitures for, how collected 126, 194. Statutes of England concerning, adopted 167.

DUTCH

Merchants encouraged 258. −−− Dutch trade regulated 469. −−− Duty of ten shillings a hogshead imposed on tobacco exported by them 469. To extend to all foreigners 469. −−− How paid for apprehending &

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568

INDEX.

bringing in runaway servants 536. Dutch & all other strangers allowed a free trade 540.

DUTIES,

Payable in powder and shot at Point Comfort 176, 218, 247. in match and paper royal 229. Additional, of powder and shot 301. Payable in powder and shot at the fort, abolished, and additional, payable to the government 312, 301. Inhabitants not liable to, on exporting tobacco during the commonwealth 469. Extended to all persons not bound to England, except Virginians 536. −−− Two shillings a hogshead on all tobacco exported 491-2. Repealed 523. Power of committee in settling accounts of 545. Certain captains of ships refusing to pay the duty of two shillings a hogshead on tobacco, ordered to be taken into custody 512, 513. Henry Haines committed for not paying 514.

EASE,

Writ of, granted to a commissioner of a county court 546.

EAST PARISH

Formed in upper Norfolk county 251.

EASTERN SHORE,

How inhabitants to conduct themselves in relation to Indians 167, 192.

EIGHT,

Pieces of, to pass current, of whatever metal 410, 411. Law repealed and none but silver to pass 397. Value of 493.

ELECTIONS.

See Burgesses. Representation.
Of Burgesses, where held 300.

Notice of 300. To be by plurality of voices and not by subscription as heretofore 333-4. Penalty on freemen failing to attend 334. Election of burgesses, how to be 411, 475. Sheriff to give notice of time and place of election, ibid. Where and when held, ibid. Sheriff to attend, ibid. To make return when and how 412, 475. Penalty for neglect of duty 412, 475. Qualifications of electors, and elected, ibid. Right of suffrage abridged 412. Again extended to all free men 403, 475. Contested from Surry county, how decided 514.

ELIZABETH CITY,

One of the original counties 224. Will of Benj'. Symms giving lands in, for a free-school, confirmed 252.

ENGLAND,

Recital of no government in, as a justification for assuming the powers of government by the assembly 530, 531.

ENGLAND, CHURCH OF.

See Church.

ENGLISH GOODS,

Exportation of prohibited, unless by those importing them 519.

ENGLISH HISTORIANS,

Their ignorance or misrepresentation of the public transactions in Virginia, during the commonwealth of England 513, note, 526, note.

ENTRY, PORT OF −−− See Ports.

EQUITY,