Hening's Statutes at Large

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INDEX.

ESTRAYS,

Proceedings on taking up stray horses or cattle, or lost boats 420-1, 481. Penalty for failure 421. Not to prevent legal prosecution of those feloniously taking 421.

EVICTION. −−− See Lands.

EXCLUSIVE PRIVILEGE.

See Discoveries.
Granted to George Fletcher, for brewing and distilling, in wooden vessels, for 14 years 374.

EXECUTION,

Goods taken in, how appraised 259, 442. Poor men taken in, how relieved 294. Servants, arms, ammunition & corn, exempted from 297. May issue on judgments confess out of court 304, 447. Judgment in one county, how execution to issue in another 304, 448. May issue, without judgment, on contracts made within the limits of the market at James city 362. Not to issue on judgment, after one year, without scire facias 484.

EXECUTORS & ADMINISTRATORS.

Where to take administration on estate of their testator or intestate 302-3, 447. If executor refuses to qualify, how the estate disposed of 416. No execution against, upon a judgment againt the estate of the testator or intestate, till a devastavit be proved 447.

EXERCISE.

Commanders to exercise their men on holydays, & take a census yearly 175, 200.

EXPORTATION,

Of hides and skins 174, 199, 307.

Furs excepted 199. Of female cattle prohibited 218. Leather prohibited 307. Act prohibiting exportation of hides and leather repealed 314. Of corn prohibited 347. Inhabitants not liable to export duties on their tobacco 410. Of mares and sheep prohibited 463. Of hides, iron and wool prohibited 488. Repealed 525. Proceedings in house of burgesses, concerning 497. Of English goods prohibited, except by those who imported them 519.

EX POST FACTO.

Judgment of Surry court reversed by the assembly, for giving a law an ex post facto operation 516.

EXPULSION,

Of members of the house of burgesses 374.

EXTORTION,

In clerk or sheriff, how punishable 295.

FALSE NEWS,

Divulgers of, under the provisional government, how punished 434-5.

FANTLEROY,

Moore, a member of the house of burgesses suspended, for a contempt to the house 507. Reinstated 507.

FASTS.

Monthly fasts ordained 289.

FEES,

Of Ministers. −−− See Ministers.
Of secretary 176, 201, 220, 265, 463. Of marshal 176, 201, 220. Of the secretary's clerk of quarter court 266. Of the clerks of county courts 266, 305. Of sheriffs 266, 465. Of attornies 275.

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570

INDEX.

Of clerks and sheriffs regulated 295. What fees sheriffs bound to collect 302, 313. Of surveyors 125, 335, 452. Of clerks of courts, to be approved by the courts, and then distrained for 357. Clerks' to be collected by sheriffs and collectors and distrained for 465. Commission for collecting 465. Limitation of the recovery of clerks' and sheriffs' 484. Of clerk of assembly 490.

FENCES,

Every man's ground to be enclosed with sufficient 176, 199, 244, 332, 458. What fence deemed sufficient 332, 458. Penalty for injuring cattle, &c. where the fence is insufficient 332, 458. If insufficient, no redress 332, 458. How to be viewed 458.

FERRIES,

Established, at public expense 269. Act establishing at public expense, repealed, and county courts may grant leave to individuals, and fix the rates 348. May be licensed by county courts 411, 471.

FINES,

Imposed by county courts, how appropriated 399, 477.

FISH.

See Staple Commodities.

FLAX,

To be cultivated 218. Premium for making 470.

FLOOD,

Thomas, appointed Indian interpreter, with the salary of his father, John Flood, former interpreter 521.

FOREIGNERS,

Included under the term Dutch,

& a duty of ten shillings a hogshead imposed on all tobacco exported on all tobacco exported by them 469.

FORESTALLING.

See Ingrossing and Forestalling.
Statutes of England against forestalling and ingrossing, adopted 172. Definition of, and how punished 194-5, 217, 245. Exception 217, 245.

FORFEITURES,

On certain goods, remitted 382. Of the ship Leopaldus, of Dunkirk 382. Proceeds of sale of, appropriated 385. Bill of sale for 382, note 382. Not to attach, on conviction of criminals 398.

FORM,

Not to be regarded, in any writ, plaint, or process, or other proceedings, but judgment to be given according to the right of the cause 486-7.

FORNICATION.

See Adultery.
How presented 240, 310. With servants, how punishable 253. Singular judgment of the governor and council for 551-2.

FORTIFICATIONS.

The subject considered 143, 144. Fort to be built at Point Comfort 150.

FORTS. −−− See Point Comfort.

Captain of, and guards at Point Comfort, how paid 226. Three forts to be built and garrisoned 293-4. Another fort to be erected 315. Captains of, pressing tools from inhabitants, how to account for them 320. Proprietary of, granted to individuals on certain conditions 326-7, 453.

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571

INDEX.

Officers and soldiers, how long to continue in service in 329.

FRAUDULENT DEEDS,

What conveyances deemed fraudulent, unless registered 227, 248-9, 417-8, 472-3. Extended to goods and chattels 418, 472-3, Alienations otherwise, declared not valid 473. No conveyance valid till 4 months after registered 473.

FREE-SCHOOL,

Will of Benj'n. Symms, giving lands to, confirmed 252.

FREE TRADE,

Allowed to all persons, and all acts against ingrossing repealed 256, 463. Encouraged with the king's subjects in England 296, 463. During the commonwealth, with all foreigners, they paying an export duty of ten shillings a hogshead for tobacco 469, 540. Enjoyed by the people of Virginia, during the commonwealth of Engl'd 513, note. With Indians allow'd, for guns, powder and shot 525. Right of, under the articles of surrender, asserted 535. Masters of vessels to give bond and security not to interrupt 535. Form of the bond 535. Encouraged with the Dutch & all strangers, they paying the export duty of ten shillings a hogshead on tobacco exported, and entering into bond not to molest others 540. A duty of two shillings a hogshead only paid on tobacco produced by the sale of Negro slaves imported 540.

FREIGHT.

No vessel arriving empty, permitted to take in tobacco on

freight, unless at £ 3. per ton 216-7.

FRENCHMEN,

Having failed in the culture of vines, not to plant tobacco 261.

FRONTIERS,

To be assisted, on alarms 174, 198.

FUNERALS,

Guns may be shot at 401. Charges of, not to be excessive 417.

GAME. −−− See Hunting.

What game may be killed 199. Shot off another's land, may be pursued 248, 437.

GARDENS,

To be fenced in 126.

GENERAL ASSEMBLY.

See Assembly.

GLEBES,

Parish levy for purchasing 400, 478.

GLOUCESTER

County 374.

GOLD.

See Staple Commodities.

GOODS,

Where to be landed 215. Conveyance of goods and chattels deemed fraudulent unless registered 418. Exportation of English goods prohibited, except by those importing them 519.

GOVERNMENT. −−− See Provisional Government.

Civil Government, during the Commonwealth 371, 373, 514. Church government 433. Government of Virginia, during the commonwealth of England, entirely provisional 517, note. Measures contemplated by Oliver Cromwell for settling it, frustrated by his death 509, 527, note. Supreme power of

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572

INDEX.

declared to be in the Assembly 530. Recital of none, in England 530, 531.

GOVERNOR.

Limitation of his power as to taxes 124, 171, 196, 244. As to withdrawing inhabitants from their private pursuits 124, 172, 196. To attend divine service at beat of drum 162. −−− Five or six men allowed to the governor 172. Duty of secretary during absence of 223. −−− To reside at James City 226. His power as to the induction of ministers 241-2. Special levy for his accomodation, in consequence of the civil war in England 280-1. Of what to consist, and by what counties payable 281-2. Expenses of transporting such provisions, how paid 284. A guard allowed to 354. Richard Bennett, elected first governor under the provisional government 371. Communications between him and the house of Burgesses on the choice of a speaker 377. −−− Salary of 393. Edward Digges, second governor, during the commonwealth 408. Stated salary of governor 423. His perquisities, Castle-Duties, marriage licenses, &c. 423. Edward Digges requested to retain the reins of government during his stay in the country 426. Rank of, in council, after expiration of his office 426. −−− Samuel Mathewes, governor elect 426. His rank in the council 426. Samuel Matthewes, the third governor elected under the provisional government

431-2, 504. Elected again, by act of assembly 517. Oath of, prescribed by the house of burgesses, during a conflict between the governor and council and house of burgesses as to their constitutional power to dissolve the assembly 504. May convene the assembly in cases of emergency 517. Sir William Berkeley, the fourth governor, elected under the provisional government 526. Elected by act of assembly 530. To call an assembly once in two years, or oftener 531. Restriction as to his power in dissolving the assembly 531. Governors of Virginia, during the commonwealth of England, appointed by the house of burgesses 527, 529, note. Were the mere creatures of the house of burgesses 528, note. Period of the election of the several governors of Virginia, during the existence of the commonwealth of England 529, note. During vacancy of, how port-charges and castle duties payable, and appropriated 533-4. −−− Salary of Sr. Wm. Berkeley 546. To appoint collectors of export duties 547, 549. To appoint a secretary of state & council, with approbation of assembly 547.

GOVERNOR & COUNCIL.

Limitation of their power as to taxes 171, 195, 244. To be members of the house of burgesses 373. Their choice of councillors during the recess of the assembly confirmed 422. −−− Their pay, while attending

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573

INDEX.

quarter courts and assemblies 423. Contest between, & house of burgesses, as to the constitutional power of the former to dissolve the assembly 499, 505. Elected in 1657-8, pa. 504-5. Consult the assembly as to the right of appeal 515, 516. Elected for 1658-9, pa. 517. −−− Tenure of their offices 517. −−− How appointed, and removed 517. To compose a court of admiralty 437. their jurisdiction 537-8.

GRANARY. −−− See Public Granary.

GRAND ASSEMBLY.−−See Assembly.

GRAND JURY.

To be impannelled at Midsummer and March county courts 304. What to present 304. −−− At every county court 463. −−− Acts for, repealed 521.

GRANTS. −−− See Patents.

GREGORIAN CALENDAR 393, note.

GROUND. −−− See Lands.

GROUND LEAVES,

Tobacco mixed with no longer merchantable 487-8. Prior debts, how discharged 488. −−− Penalty for mixing ground leaves with top tobacco 488. −−− Proceedings in the house of burgesses concerning 496. −−− Judgment of the Assembly concerning 516. Not to be disposed of 524. Penalty 524. Provision in case of previous contracts 524.

GUARDIANS

Consent to marriage, when necessary 156, 181, Their duty in relation to the persons and

estates of their wards 267. To educate their wards on the interest of their estates 416. −−− To return cattle &c. in kind, to their wards 416. To give sufficient security 416. Power of courts over 416, 417. their commissions 417.

GUN CARRIAGES. −−− See Ordinance.

GUNS. −−− See Indians.

Not to be shot at drinkings, except marriages and funerals 401. Penalty for bartering or selling to Indians 441. For lending 441. Indians may use their own, within their limits 518. Free trade allowed with Indians for 525. Every man to be provided with, and a certain proportion of powder and shot 525.

HAINES,

Henry, committed by the house of burgesses, for refusing to pay the duty of two shillings a hogshead on tobacco exported 514.

HAIR

Of runaway servants to be cut close above the ears 517, 518.

HAMMOND,

Manwaring, appointed Major-General of Virginia 545.

HAMPTON PARIS,

Chescake, changed to 251.

HARROP

Parish established 317.

HARVEY.

An assembly called to receive complaints against Sir John Harvey 223. Thrust out of his government and Capt. John West provisionally appointed 223.

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574

INDEX.

HATCHER,

William, proceedings against, for slandering the speaker, Edward Hill 387.

HEMP

To be cultivated 218.

HENRICO,

One of the original counties 224.

HIDES.

No hides or skins to be exported 174, 199, 207. Beaver and otter skins and furs of all kinds excepted 199. Act prohibiting exportation of, repealed 314.

HIGHWAYS,

How laid out 199, 436. Surveyors of, to be annually appointed 436.

HILL,

Edward, proceedings against Wm. Hatcher for slandering 387. Suspended for improper conduct, in the war with the Richahecrian Indians 422. Abraham Wood appointed Colonel of the regiment of Charles Citty and Henrico, in his room 426.

HISTORIANS,

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

HOGSHEAD OF TOBACCO.

Size of 435, 456.

HOGS.

Wild hogs not to be killed, but by license from the governor 199, 244, but for every wolf killed, one wild hog may be killed 199. To be confined at night, and have keepers by day 228. Felony to steal and kill a tame hog 244, Altered to a

pecuniary fine 351. Ears of hogs killed how viewed 244.

HOGSTEALING,

Felony, 244. Altered to a pecuniary fine 351.

HOLY DAYS.

The 22d of March 123, 177, 202, 263, 459. The 18th of April 290, 459.

HOMICIDE,

Per misadventure, case of 406. Pardon for 406.

HOPS,

Premium for making 470.

HOUSES,

Penalty for burning, for the sake of nails 291.

HUE AND CRY,

Proceedings upon, against runaway servants 483.

HUNTING.

What game may be killed 199. No wild hogs, unless as a reward for killing wolves 199. −−− But deer, &c. may be killed 199. Not to hunt or shoot on other men's land, seated and bounded 228, 248, 437. Game shot off another's land may be pursued on it 248, 437. Inhabitants restrained from hunting in small parties 300-1.

IMPORTATION RIGHTS.

Lands for importing servants, how obtained 274, 444.

IMPRESSMENT

Of soldiers justified 355.

IMPROVEMENTS

To be paid for, where lands are settled through mistake 260, 443. Exception 349, 444.

INCLOSURES. −−− See Fences.

INCONTINENCE. −−− See Adultery.

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575

INDEX.

INDEMNITY

Act of, at the surrender of the colony of Virginia to the parliament of England 367, 472.

INDENTURES,

Servants imported without, how long to serve 257, 441.

INDEPENDENCE,

Declaration of 32, 36.

INDIANS,

Trade with, for corn, prohibited 126. So, of every kind 173, 255. Dwelling houses palisaded for defence against 127. −−− Precautions as to arms, &c. 127, 173, 198. Shooting guns 401. When to fall upon them 128, 176. Commanders of plantations to levy a force to repel them 140, 193. War against 140, 141. New comers not exempted from war 141. Certain Indians to be supported at public expense 143. War parley with 167, 192. Penalty ibid. Exception as to Eastern Shore, ibid. Penalty for selling arms or ammunition to 219, 255. Cloth not to be sold to 219. Punishment for trading with 227. Felony for runaway servants to carry arms or ammunition to 255. Expense of war against, how paid 287. −−− Persons wounded in expedition against, how provided for 287. Tax, for expenses of war against Pamunky & Chickahominy 287. Certain counties to be associated to carry on the war against the Indians 292. Number of men, how raised, their pay, subsistence, &c. 292-3. Inhabitants not to hunt or straggle abroad in small parties

for fear of 300-1. War against Nansimum Indians 315. Arrangements for a general war 317, 318, 319. Treaty with Necotowance, king of 323, 326. Places to repair to, when coming on messages 348. Act declaring there should be no peace with, and for cutting down their corn, repealed 333. Act for marching against, repealed 333. Extraordinary tax to defray the expense of an Indian war 337. Provision for Tottopottomoy 380. Settlers on lands of the Pamunky or Chickahominy to be removed 380. Of Gloucester & Lancaster counties to have lands & hunting grounds assigned to them 382. Act of indemnity to those who have lent guns to 382. −−− War with Rappahannock 388-9. Not to be employed with guns, without license 391, 470. Commissioners of North'n. to take acknowledgment of their lands 391, 470. To be approved by governor and council 391, 470. Not to be killed, unless doing mischief 410. Repealed 415. Not to be killed, unless for what would be felony in an Englishman 415. Not to be entertained without license 410, 471. Children of, how taken as servants, and educated 410, 471. Plan of civilization of 393, 476. Reward to, for killing wolves 395. −−− Treatment of Indian children 396. Lands of, not alienable without consent of assembly 396. Western and Inland, seated near the falls of James River, war against 402-3. How

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576

INDEX.

punishable for trespasses 415. Not to come within inclosures without a ticket 415. Free trade with 415. Disputes with, how settled 415. War with Richahecrians 422. Penalty for bartering or selling arms to 441. For lending 441. Children of, not to be assigned over 455-6. When to be free 456. To be first served with lands 456-7. Hunting ground allowed them 457. Their lands included in patents to be relinquished, or purchased 457. −−− To be employed to kill wolves 457. Their titles to land confirmed 467. None to encroach upon lands claimed by them 467. Commissioners responsible for wrongs done to the Indians 468. To be assisted in removing to vacant lands 468. Not to sell their lands except at quarter courts 468. Settlers on Pamunky & Chickahominy recalled 468. Permission to Indians to hunt 468. Exception 468. No patent to be valid which encroaches on Indians' lands 468. Penalty for stealing Indians 482. For purchasing them 482. Wiccacomico, desertion & sale of their lands 515. May use their own guns, within their limits 518. Thomas Flood appointed interpreter 521. Free trade with, allowed, for guns, powder ans shot 525. No debts recoverable from 541. Permission given to carry an Indian boy into Englaad, with leave of his parents 546. The king of Weanoak protected

from arrests for a certain time 547.

INDUCTION

Of ministers 241-2.

INFANTS. −−− See Orphans.

Penalty for dealing with 269, 270.

INGROSSING AND FORESTALLING,

Penalty for, and regulations against 150-1, 166, 190. Statutes of England against, adopted 172. Definition of, and how punished 194-5, 217, 245. Exception 217, 245. All acts against ingrossing repealed 296.

INHABITANTS,

Not to go abroad in such numbers as to endanger the plantation, 127. Permitted to disperse and form distinct settlements 285-6. Not to hunt or straggle abroad in small parties 300-1. Not to migrate from the collony 321. Not liable to export duties 410. Exempted from Castle-Duties 402.

INSOLVENT DEBTORS,

How relieved 294, 346, 453.

INSPECTION OF TOBACCO. −−− See Tobacco.

First inspection law 152. By whom tobacco tendered in payment, to be viewed 152. Bad tobacco to be burnt 152. Amendment in inspection law 165, 190. Another amendment 204, 211.

INSPECTORS −−− See Tobacco.

INTERPRETER

For the governor, his salary 222, 328. Thomas Flood appointed with the salary of his father, John Flood, former interpreter 521.

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577

INDEX.

INTERREGNUM,

State of, in Virginia 529, note. Laws arising rom 531.

INVALIDS,

Provision for 287. Alteration in law concerning 311. Act concerning, repealed 334.

INVASIONS. −−− See Alarms.

INVENTORY,

Of all estates, together with a census to be taken yearly 175, 200.

IRISH SERVANTS,

Their time of service 411. Extended to all aliens 471. The act repealed 538-9.

IRON,

Exportation of, prohibited 488. Again permitted 525.

ISLE OF WIGHT,

(Warrosquoyacke changed to in 1637.) Boundaries of 228. Finally determined 247. Divided into parishes 278-9. Commissioners to ascertain boundaries of, and of Nansimum 404. Two courts held in 409. Repealed 550. Part of Upper Norfolk added to 423.

JAMES CITY,

One of the original counties 224. Sole port of entry 126, 163, 191, 206, 214, 245-6. To be the chief town 226. Unimproved lots in, how & upon what terms taken up 252. Merchants not to retail wines or strong waters in 319. Weekly markets established in 362.

JEOFAILS,

Act of 486.

JOURNALS,

Extracts from, in March 1657-8, pa. 495. On the subject of lawyers 495. Ground leaves 496.

Time of planting tobacco 496. Adjournment or dissolution of the assembly 496. Exportation of hides, wool and iron 497. How subjects to be discussed in the assembly 497. Charles City county, not to be divided, but two courts to be held in it 497. Reasons for laying a duty on tobacco exported 498. Salary of governor 498. Proposition to reduce the number of burgesses for a county, negatived 498. Middletown parish established 498. Contest between the governor and house of burgesses, as to the power of dissolving the assembly 499, 505. Extract from journals of March 1658-9, pa. 505, 516.

JUDGES,

Of monthly courts, who 125.

JUDGMENTS,

To be in money, and not tobacco 216. May be confessed out of court 304, 447, 455. Certified from one county, execution may issue in another 304, 448. Of the assembly, in civil actions 375. Against Nathaniel Battson 383, 385. Confession of when to be recorded 455. Of no force after 5 years 484. Must be renewed by scire facias after one year 483. To be given according to the right of the case, without regard to form 486-7. Of the Assembly reversing a judgment of Surry court, for giving a law an ex post facto operation 516. Against a public collector 547.

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578

INDEX.

JUDICIAL PROCEEDINGS,

Of the assembly 375-6, 516, 545, & c.

JULIAN CALENDAR,

393, note.

JURISDICTION.

See Appeals, Assembly, county, monthly and quarter courts.
Of monthly courts 125. Of a single magistrate 273, 335, 399, 462. During the commonwealth 435, 462, 477. Of two magistrates 435. Of county courts, during the commonwealth 477. Of the quarter courts 477. Penalty for suing otherwise 477.

JURORS,

The number used in criminal prosecutions 146. Of matrons 209. Their qualifications 303. Allowance 313. Demeanor 324.

JURY,

Trial by, secur'd to those who desire it 273, 303, 474. Of whom to consist 303. How to be kept 303. Allowance to 313, 474. Their demeanor 314, 474. −−− Grand, to attend at midsummer and March county courts 304. To attend every court 463. −−− Acts for grand juries repealed 521. To assess damages on appeals 541.

JUSTICES OF THE PEACE,

Same as commiss'rs of monthly courts 169. Jurisdiction of a single one 273, 335, 399, 435, 462, 477. Of two justices 435.

KING,

His debts to be preferred 351. execution of Charles 1. p. 358, note. Penalty for aspersing his memory 360. Treason to deny the right of Charles II. to the crown 359, 360.

KISKYACKE,

When and how settled 139. Encouragem't. to adventurers 144.

LANCASTER

County 374, Divided, and Rappahannock formed 427.

LANDS,

Of each planter to be surveyed 125, 173, 197. bounds to be recorded, ibid. How disputes about, decided, ibid. To be enclosed with sufficient fences 176. Of orphans protected from sale, forfeiture, &c. 260, 443. Settled through mistake, the occupant to be paid for his improvements 260, 443. Exception 349, 444. If the improvements amount to more than the land, the settler compelled to take the land at valuation 260, 443. Orphans' land excepted 260, 444. No person bound to re-survey 262. How obtained for importing servants 274. On Rappahannock, settlement of, postponed, ib. Deserted, may be taken up 291. Limitation of actions for 331, 451. Exception in favor of orphans 331, 451. Also femes covert and lunatics 451. Further time for seating allowed, on account of the massacre and scarcity of corn 349. Commissioners of North'n to take acknowledgment of Indian's lands 391. How confirmed 391. Of Indians, not alienable, but by consent of assembly 396. To be first assigned to Indians 456-7. Proportion 457. Hunting grounds Allowed, ibid. Included in patents, to be relinquished or purchased, ibid. −−− Indians' lands confirmed 467.

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579

INDEX.

Various regulations concerning ibid. No patent valid which encroaches upon Indians', ibid. −−− Lapsed, or deserted land, how acquired 469. No plat of, to be delivered till six months after made from the survey 518. To be plainly marked & bounded ibid. Penalty ibid. Elder patentees to shew their bounds to those wishing to survey adjoining 519. Consequence of neglect, ibid. Exception as to orphans and non-residents, ibid. Bounds of, to be renewed from time to time, ibid.

LAPSED LAND.

Lands deserted by inhabitants, may be taken up by others 291. How acquired 468.

LAWNE'S CREEK,

Parish of, established 229. −−− Boundaries altered 277.

LAWRENCE,

Henry, president of Oliv. Cromwell's council 510. His character 510, note.

LAWS,

May be enacted by Northampton county, concerning Indians and manufactures, to be confirmed by the assembly 396. −−− Provision for revisal 421, 425, 427. All laws contravening the provisional government repealed 531.

LAWYERS.

See Attornies at Law.
Conference between the house of burgesses, and governor and council, as to the constitutional right of expelling them 495-6.

LEAD.

Act required all lead to be melted into shot repealed 319.

LEAP YEAR, 393, note.

LEATHER,

Exportation of, prohibited 307. Act prohibiting exportation of, repealed 314.

LECTURER,

May be used, in absence of minister 290.

LETTERS,

Answer to the king's, on the subject of staple commodities 131. To be written to Samuel Matthews & Ric'd Bennett, while in England 425. To the protector and secretary of state 426. Public, how conveyed 436. −−− From the president of Oliver Cromwell's council, announcing his death, and the accession of Richard Cromwell 509-10. Proceedings of the house of burgesses thereon 511.

LEVIES. −−− See Taxes.

Duty of church-wardens in relation to 241. Poor exempted from, except parish duties 242. Special levy for the governor's accommodation, in consequence of the civil war in Engl'd 280, 281-2. When public levies payable 319, 334. Sheriffs may distrain for 320. None to be raised, but a grand assembly 320. To have a preference over all other debts 330, 450. To be received by collectors, instead of sherriffs 342-3. Arrears of, in Isle of Wight, how collected 383. During vacancy of minister, for building church, & purchasing glebe 400. John West and family exempted from payment of, in consequence of the services of his ancestors 547.

LEOPALDUS,

Ship, forfeited 382-3. Proceeds of sale of, appropriated 385.

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580

INDEX.

LICENSE,

Marriage, how obtained 156, 181, 241, 433. Penalty on ministers for marrying without 332, 433.

LIMITATION,

Of actions on accounts and book debts 301. Exception 302. −−− further exception 312. Of suits for land 331, 451. Exception in favor of orphans 331, 451. Also femes covert, &c. 451. No bills, bonds, or written engagements recoverable, after three years from their date, unless renewed, sued upon or recorded 390. Extended to judgments also, and limited to five years 483-4. Except where the debtor removes out of the county 484. Of clerks' and sheriffs' fees, and county and public levies 484.

LISTS,

Of passengers to be delivered at Point Comfort 166, 191, 392. Of taxable property, how taken 306. Of tithables, when & how taken 361, 388, 454-5.

LITURGY,

Of the church of England, to be observed 241.

LORD'S DAY. −−− See Sabbath.

No journeys to be performed on, nor goods laden, nor guns fired 434. Penalty ibid. Servants & others to attend church on, ibid.

LOWER NORFOLK,

Boundaries of 228. Finally determined 247. May elect burgesses in each parish 277.

LYNHAVEN,

Boundaries of Lynhaven parish 250. Inhabitants not to be exercised out of the limits of the

parish, ibid. May choose burgesses, ibid.

MAIDS,

Two, got with child at sea, ordered to be sent back 552.

MAJOR GENERAL,

Of Virginia, appointed 545.

MARES,

Exportation of, prohibited 463.

MARITIME CAUSES,

County courts to have jurisdiction of 466-7.

MARKETS,

Weekly, established in James City 362. Limits 363. Contracts made within, how enforced 362. Ports & markets established in each county 412, 414. The last act repealed 397, 476.

MARRIAGES,

Register of, to be kept by minister & church-wardens 155, 158, 180, 241, 433. Fees for 160, 184. Where celebrated 183. How 156, 181, 241. Of servants, without leave of owners, how punishable 252-3, 438. −−− Penalty on minister for marrying without license or banns 332, 433. Guns may be shot at 401. Fees for marriage licenses payable to governor 423. −−− Mode of keeping register of, changed 542.

MARSHAL,

His fees 176, 201, 220.

MARSHART.

Compensation to capt. Marshart, for gun carriages 171, 195. −−− Donation to his wife and children 171, 195.

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581

INDEX.

MARSTON PARISH 388.

MARTIN,

Solomon, committed for slandering a member of the council 515.

MARYLAND,

Compact with the governor of, as to commerce 276. Dispute with, as to boundaries 425.

MASSACRE.

Holy days in commemoration of escape from, the 22d of March 123, 177, 202, 263. The 18th of April 290. The 22d of March and 18th of April 459.

MATRIMONY,

How to be celebrated 156, 181, 241, 433. At what hours of the day ibid. Consent of parents and guardians ibid. −−− Where 158, 183.

MATTHEWES, SAMUEL,

How to proceed in building fort at Point Comfort 150, 175. −−− Guard allowed at 175. Further allowance to 177. How paid 221. Letters to, while in England 425. Governor elect 426. His rank in council 426. The third governor elected under the provisional government 431-2, 504, 516. His death 528, note. Suits against his executors removed before the governor and council 546.

MASTERS OF VESSELS,

Transporting debtors without previous notice, liable for their debts 200, 243. So, without a pass 437. To give bond and security not to molest any person trading under the protection of the laws of Virginia 535.

MEASURES. −−− See Barrels, Weights and Measures.

MECHANICS

To follow their trades, and not plant tobacco or corn 208.

MERCHANDIZE,

Where to be landed 215.

MERCHANTS

Encouraged to supply the colony with goods 216, 217. −−− Dutch encouraged 258. Not to retail wines or strong waters within James City 319. To be encouraged 476.

MIDDLE PLANTATION,

Encouragement for settling 208.

MIDDLETOWN

Parish 498-9.

MIGRATION

Of inhabitants prohibited 321.

MILITIA,

Officers of, to see that every man is furnished with a gun and a certain quantity of powder and shot 525.

MILLERS,

What toll they may take 301, 485. To provide statute wei'ts and scales 348. Penalty for not sufficiently grinding, or for exacting more than legal toll 348. To provide statute weights or steelyards 485. Penalty for not grinding or exchanging, or for exacting more than legal toll ibid.

MINISTERS

Absenting themselves from church 123. Penalty for disparaging 124, 156, 181. To be first paid 124, 207. Who to pay them tithes 144, 241, 361-2. To conform to the canons of the church of England 149, 277. When to make their presentments, and return a register of marriages, births and

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582

INDEX.

burials 155, 180. How to celebrate matrimony 156, 181, 241. To preach a sermon every Sunday 157, 181, 290, 311. To catechise children ibid. −−− To visit the sick 157-8, 182, 290. Their deportment 158, 183. To administer the communion 158, 183. Their allowance 159, 242. How collected 160, 184, 207, 243. −−− Tithes of calves, &c. 159, 184, 207. How collected ibid. Their fees for marriages, &c. 160, 184, 243. Church-wardens liable for their dues, if they fail to collect them 160, 185. Their tobacco to be carried to warehouses 207. Altered as to payment of tobacco 243. To appoint deacons 208. Act allowing tithes repealed 220. How paid in 1639, pa. 226. How presented, inducted, and removed 241-2. To reside within their cure 290. When a lecturer may be used 290. Vestries may augment their salaries 328. Penalty for marrying without license or banns 332, 433. Refusing to read prayers not entitled to their salary 341-2. During vacancy of, all parishes to pay levies, for building a church and purchasing a glebe 400. Reward for importing 418. Minister and six of his family exempted from public levies 424. How and by whom examined ibid. None but, to celebrate the rites of matrimony during the commonwealth 433.

MINORS.

See Infants.

MONCK,

General, his reserved conduct 528-9, note.

MONEY.

Contracts and pleadings to be in money and not in tobacco 216. Not to be in money 262. Money debts not recoverable, unless contracted for horses, mares or sheep 267-8. Again recoverable 417, 473. Law for coinage of 308-9. Pieces of eight of whatever metal, to pass current 410. Law repealed 397. Value of pieces of eight 493. Not to be exported above the value of forty shillings 493.

MONTHLY COURTS,

Origin of 125. Jurisdiction ib. Judges of ibid. Appeal from ibid. Double damages on appeals ibid. May fine persons of quality who are delinquent as to powder 127. Form of commission to commissioners of 132. Jurisdiction of, as to offences against the act limiting the price of tobacco 163. Where held 168, 185. Commission to certain commissioners 168-9, 186. Power and jurisdiction ibid. Oath of commissioners 169, 187. May punish for taking away boats, canoes or weirs 170. To provide for sealing barrels ibid. −−− Jurisdiction extended 224. Name of, changed to county courts 273.

MORATUCK. −−− See Roanoke.

MORTGAGES

Deemed fraudulent, unless entered in some court 227. To

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583

INDEX.

be registered in a quarter or monthly court, or be void 248-9. Not to extend to a bill of sale of estate to a creditor, accompanied by delivery of possession 249.

MULBERRY TREES

To be planted 126, 420, 481. Act for planting repealed 520.

MUSTER

Of inhabitants 175, 200. No writ or warrant to be executed on a Sabbath day, or at muster 457.

MUSTER MASTER GENERAL,

How paid 226.

NAILS.

Penalty for burning houses for the sake of nails 291.

NANSIMUM,

Name of Upper Norfolk county changed to 321. Commissioners appointed to ascertain boundaries of, and of Isle of Wight 404.

NAVIGATION,

Act of, passed in 1651, never enforced in Virginia 513, note.

NECOTOWANCE,

Treaty with 323, 326, 453.

NEGROES.

Singular judgments of the governor and council for lying with a negro 146, 552. When first introduced in Virginia 146, note. Not to have fire arms 226. Duty payable on tobacco exported, produced by the sale of them 540.

NEWCOMERS

Not restrained from planting tobacco, or exempted from the Indian war 141. Exempted for the first year, from the war, but must contribute to the expense

150. Tax on, for the fort 222.

NEW ENGLAND,

No person to remove to, without a pass from the governor 200.

NEW-KENT

County 387-8.

NEWS,

Divulgers of false, how punished 434-5.

NEW STYLE 393, note.

When adopted in England, and the colonies 393, note. Variable and irregular manner of writing the date of the year before 494.

NON-CONFORMISTS

Compelled to depart the colony 277.

NON EST INVENTUS,

Proceedings upon return of 466.

NON-RESIDENTS,

Their lands protected from location 519. To give security for costs 522.

NORFOLK. −−− See Upper and Lower Norfolk.

NORTHAMPTON,

Accawmacke changed to 249. Divided into parishes 249. −−− A paper subscribed by inhabitants of, deemed scandalous & sedition 380. Governor and secretary to quiet the discontents of the people of 380. −−− Certain commissioners to attend them 384. Their powers ibid. Commissioners of, may take acknowledgment of Indians lands 391. Two courts held in 409. May enact laws concerning Indians and manufactures 396, 476. Appeals from 520, 541.

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584

INDEX.

NORTHUMBERLAND,

Inhabitants of, to pay taxes or be called off from the settlement 337-8. County of, established 352. To elect burgesses 353. Patents to issue for their lands 353. To be rated for public taxes 353. What inhabitants included in 362.

NUTMEG QUARTER

Parish, provision for uniting to Denbigh 425.

OATHS

Of member of the council 116. Of allegiance and supremacy administered to the governor and council and burgesses 149. To be taken by persons arriving at Point Comfort 166, 191. Of church wardens 156, 182. Of commissioners of monthly courts 169. Of burgesses 371, 378, 508. Administered by the council ibid. Of sheriffs and constables during the commonwealth 467. Oath of secrecy enjoined by the house of burgesses, during a contest with the governor and council as to their constitutional power to dissolve the assembly 500. Oath of governor prescribed by the house of burgesses 504.

OBEDIENCE

To superiors enjoined 121, 174, 198.

OCQUHANOCKE,

Parish of, established 374.

OLD PLANTERS,

Privileges of 124, 172, 197, 263, 460.

OLD STYLE 393, note. When discontinued in England, and the colonies 393, note. Variable and irregular manner of

writing the dates of the year 494.

ORCHARDS,

Act concerning 226.

ORDERS.

See Resolutions, Rules.

ORDINARIES,

Rates of diet and beer at 229. Keeper of, how licensed 287, 411, 471. Rates of 487, 300, 446. Debts for liquors not recoverable 287. Penalty for fraudulently mixing liquors 300. For exceeding the legal rates 300. May be licensed by county courts 411, 471. Rates to be fixed annually by the assembly 446. How rated during the session of 1657-8, pa. 489. Rates to be fixed by county courts, from time to time, as the price of tobacco may rise or fall 522. License to be taken out, & bond and security given 522.

ORDNANCE,

Compensation for carriages for 171. Carriages to be removed to a dry place 175.

ORPHANS,

Their estates protected from sale, forfeiture, &c. 260, 443, 519. Duty of their guardians 260-1, 443. Penalty for dealing with 269. Excepted in the act of limitations 331. To be bound to trades, if the interest of estate be insufficient for their education 416. To receive from their guardians their estates in kind 416. To have the produce of their labor, after 17 years of age 417. Leases of their lands, how to be made 443. Sheriffs to summon persons to render accounts of their estates, & clerks to enter them ex officio 550.

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Pages 553-568 ======

Pages 585-600

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