Hening's Statutes at Large

Pages 569-584 ======

Volume Map

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585

INDEX.

OUTCRY. −−− See Auction.

OVERSEERS OF DECEDENTS' ESTATES.

See Executors, Guardians.

OVERSEERS OF SERVANTS AND SLAVES.

See Servants. Penalty on a servant for resisting his overseer 538.

OWNERS. −−− See Virginian Owners.

PALISADES

To be around every dwelling house 127.

PAMPHLETS,

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

PARDON

Granted for homicide, per misadventure 406.

PARENTS'

Consent to marriage, when necessary 156, 181.

PARISHES.

Kiskiacke established 223. −−− Lawne's creek 229. Boundaries altered 277. Wallingford 249. Boundaries of, altered 278. North'n. county divided into 249. Lynhaven, boundaries of 250. Upper Norfolk divided into 250-1. Names of certain parishes changed, & new ones formed 251. Chippoaks 278. Waters's creek 278. Isle of Wight county divided into ibid. Harrop 317. Certain inhabitants of James City may form one 298. Southwark, established 347. Ocquhanocke, established 374. −−− Westover, enlarged 375. Marston 388. Stratton Major 404. All counties to be laid out in 400, 478. Parish levy for building

churches & purchasing glebes ibid. To pay the expenses of their own burgesses 421. Bristol, may hold courts, with allowance of appeal to Charles Citty and Henrico 424. Provision for uniting Nutmeg Quarter to Denbigh 425. May be laid off by county courts 469. Middletown, established 498-9.

PARISH REGISTER

To be kept by minister and church wardens 155, 158, 180, 182-3, 433. When and how certified 241. To be kept in each parish of marriages, births and burials, by an officer appointed for that purpose, who is to certify annually to the clerk of the county court, there to be recorded 542.

PARLIAMENT,

Surrender of the colony of Virginia to the authority of 367, 472.

PARLIAMENARY PROCEEDINGS,

In the house of burgesses during the commonwealth 495, 497, 505, 516.

PAROCHIAL BURGESSES,

Their wages paid by the parish 421. Vestry may order payment of 520. Collectors may distrain for 521. Sheriffs cannot refuse to hold elections for 545.

PASS,

How obtained, for debtor removing 200, 243. Penalty for transporting a person without 436-7. Pre-requisites of, 437.

PASSENGERS,

List of, to be delivered to commander at Point Comfort, or

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INDEX.

arrival of ship 166, 191, 247, 392. To take the oaths of allegiance and supremacy 166, 191, 214. To have a sufficiency of stores from England here 435.

PATENTS,

For importation rights of servants, how obtained 274, 444, Exception as to Rappahannock 274. Form of, during the commonwealth 472. Owners of elder, compelled to shew their bounds to those wishing to survey adjoining 519. How formerly granted under the London company 552.

PAY

Of officers and men at Point Comfort 222.

PETIT TREASON,

Judgment for 146.

PETITION,

To the Assembly by W. Parry, for relief, rejected 512.

PHYSICIANS AND SURGEONS

Compellable to declare on oath the value of their drugs and medicines 316, 450. Courts may allow what is reasonable ibid. Penalty on, and on surgeons for neglecting their patients or refusing their assistance ibid. Jurisdiction given to county courts 317. Jurisdiction to all courts 450.

PIPE-STAVES. −−− See staple commodities.

PITCH. −−− See staple commodities.

PLANTATIONS. −−− See Representation.

PLANTERS,

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

PLAT,

Not to be delivered by surveyor till six months after it is drawn from the survey 518.

PLEADINGS,

Want of form no bar in 486-7.

PLEAS

To be in money, and not tobacco 216.

POINT COMFORT,

Fort to be built at 150. Regulations to be observed by vessels arriving there 166. Fort, when finished to be viewed 175. Guard at ibid. Powder and shot payable at 176, 218, 247. Waiters to be put on board vessels arriving at 215. Tax on new-comers for 222. Pay of officers and men at ibid. New fort to be built at 226. Duties payable at, in match and paper royal 229, 247. Also in powder and shot 247. Duties of powder and shot payable at, abolished, and additional duties payable to the government 301, 312. Salary of Captain Morrison, commander of 320.

POLL-TAX. −−− See Taxes.

Abolished, and tax on property substituted 305-6. Tax on property abolished, and poll-taxes revived 356.

POOR

Exempted from public charges, except parish duties 242. Provision for educating poor children 336-7.

POPERY,

Statute of England against, enforced 268-9. Priests to be banished 269.

POPISH RECUSANTS,

Statute of England against, enforced 268-9.

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INDEX.

PORT-DUTIES

Payable in powder and shot 176, 191, 218, 247. Repealed, and additional paid to the government 301, 312. How payable and appropriated, during vacancy of a governor 533-4. −−− Where to be paid 534. Collectors of, to be appointed 534. Port-charges payable to Sir W. Berkeley 543. Provision as to those accruing after the death of Matthewes ibid.

PORTS.

James City sole port of entry 126, 163, 191, 206, 214, 245-6. Ports and places of market in each county established 412, 414. The last act repealed 397.

POTASHES. −−− See staple commodities.

POTT.

Doct'r. John Pott, late governor, found guilty of stealing cattle 145.

POUNTIS,

John, sent to England 128.

POWDER & SHOT

To be provided for each plantation 127. Not to be wasted ibid. and 173, 198. Duty in powder and shot, payable at Point Comfort 176, 191, 218, 247. Repealed 312. Not to be sold to Indians 219. Or lent to Indians 255. A barrel of powder allotted to each county 277. To be purchased 297. Additional duty in 301. Made perpetual 312. Commissioners to render an account to assembly, for the levy for 387. Proportion of, to each regiment 425. Penalty for bartering

or selling to Indians 441. For lending ibid. Free trade allowed with Indians for 525. Every man to be provided with a gun and a certain proportion of 525.

POWER

Of government assumed by the assembly, there being no absolute, general confessed power in England 530, 531.

PRAYERS,

Minister refusing to read, not entitled to his salary 341-2.

PREACHING

To be in the church 158, 183. In the forenoon and catechising in the afternoon 29. penalty on masters of families for not sending their children and servants 311.

PREGNANCY

Pleaded 209. Oath adminstered by a midwife to a pregnant woman and the child born in marriage adjudged another man's 552.

PREMIUMS

For making wheat, silk, flax, hops, wine and other staple commodities, except tobacco 469, 470. For silk increased 487, 521.

PRESENTMENTS. −−− See Church-wardens, Grand Jury.

What presentments to be made by church-wardens 240. Ministers, how presented and inducted 241-2.

PRESS. −−− See Impressments.

PRIESTS.

Popish Priests, to be banished within five days after their arrival 269.

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INDEX.

PRISON BOUNDS,

How assigned 341. Prisoner breaking them to be kept in close custody 341.

PRISON BREAKING,

Felony, and county and sheriffs exonerated 340-1.

PRISONERS,

How kept for trial 264-5. Charges of, how paid 265, 285, 310, 449, 460. Poor, how relieved 294, 346, 452. Not to be tried in county, but before quarter court or assembly only 307-8. How kept 398, 444. If convicted, his estate to remain with his wife and children, till further order 398.

PRISONS,

Sufficient, to be built 265, 444. What deemed sufficient 340, 452. County courts liable for neglect 265, 460. Persons breaking, deemed felons, and county courts, and sheriffs exonerated 340-1.

PROCESS

Against debtors lately arrived from England, suspended 256. exception 257. From quarter courts by whom signed 272. How to issue during the commonwealth 434, 530.

PROCLAMATIONS,

At one period, supplied the place of legislative acts 120. Against swearing and drunkenness confirmed 126. Proclamation to be read on board each ship, on their arrival, restricting them to the port of James City ibid. Concerning rates of commodities ib. Effect of 129. Form of to be affixed at main-mast of each ship 166, 191, 214, 215.

Not to contravene a law 264, 447. Prohibiting migration 321.

PROTECTION,

Writ of, granted to the king of Weanoak, from arrests for debt 547.

PROTECTOR,

Oliver Cromwell declared 358, note. Succession of Richard 509, 511. Measures contemplated by Oliver Cromwell for settling the government of Virginia, frustrated by his death 509, 527, note. The influence of the protectorship never felt in Virginia 527.

PROVISIONAL GOVERNMENT

Adopted in Virginia, on the surrender of the colony to the parliament of England 371. Richard Bennett, elected governor ibid. Secretary of state elected ibid. Members of the council 371-2. Powers of governor and council 372. Commissioners of counties, how appointed ibid. All other officers ibid. Governor and council to be members, of assembly 373. Provisional government recited and recognized 428, 431. Government, after the death of Oliver Cromwell 511, 514, 526, 529. Supreme power declared to be in the assembly, till a commission shall come out of England 530. All laws contravening, repealed 531. Penalty for speaking in derogation of ibid.

PUBLIC CREDITORS,

How paid 143.

PUBLIC GRANARY,

Established in each parish 125.

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INDEX.

PUBLIC LETTERS,

How conveyed 436.

QUAKERS,

Penalty on masters of vessels for bringing them in 532-3. All Quakers to be apprehended & committed to prison, till they give security to leave the colony 533. Penalty for returning, ibid. For returning a third time to be proceeded against as felons ibid. Penalty for entertaining or permitting assemblies of Quakers, ibid. All officers bound to enforce this act, ibid. Penalty for disposing of, or publishing books or pamphlets containing their tenets, ibid.

QUARTER COURTS,

How constituted 145, note. −−− Terms of 174, 187, 270, 461. Where held 174, 187, 461. −−− Fees of clerk of 266. Rules of proceeding in 270-1, 461. Jurisdiction of 346-7, 477. Compensation for the use of a house in which the quarter courts held 425. June term abolished 524. Terms of March, September and November altered 524.

QUEEN'S CREEK,

Encouragement for settling between Archer's Hope & Q'ns. Creek 199.

QUIETUS,

How obtained by administrators 303. When 401.

QUIT RENTS,

When and what payable 228. −−− When to commence 280. How appropriated 306-7. Rates of tobacco, received for 316. May be distrained for and replevied 351.

RAPPAHANNOCK.

Excepted as to importation rights of servants 274. Settlement postponed, ibid. County formed from upper part of Lancaster, 427.

RATES.

See Corn, Ordinaries, Tobacco.
Of commodities, proclamation for 126. Of tavern keepers 229. 287, 300, 446, 522.

RECEIPTS,

To be given by clerks for all papers received by them 408.

RECORDS,

Ancient, relating to Virginia, some account of 76. To be kept by clerks of county courts 303-4.

RECUSANTS.

See Popish Recusants.

See Parish Register.

REGISTERING OF DEEDS.

Deeds and mortgages to be registered in court, or deemed fraudulent 227, 248-9. Exception 249. Extended to conveyances of goods & chattels 418.

REMONSTRANCE.

Of the grand assembly 236, 238.

REMOVAL.

No person to remove to New-England, or elsewhere without a pass from the governor 200, 437, 465.

REPRESENTATION.

First by boroughs 121, note: Secondly by plantations or settlements 138, 147, 153, 178, 202. Thirdly by counties 224, 239, 282, 288, 298, 322, 339, and all subsequent sessions. Election of burgesses, how to be 411. 412, 475. Right of suffrage abridged 412. Again extended to all free men 403, 475.

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INDEX.

REPRESENTATIVES.

See Burgesses.

RESTORATION,

Of Charles II. when 528-9, note.

REVENUE.

See appropriation. Taxes.

REVISAL,

First Revisal of the laws 178, 202. Second Revisal 238, 282. Third Revisal 429, 494. Committee appointed for 421. Compensation to clerk of revisors 425. Revised laws to be digested into one volume 427. Committee to compare them, ibid. How, and by whom copied from the originals, ibid. Motives for revisal of 1657-8, p. 432. Of March 1657-8, how adopted 495.

ROADS,

How laid out 199, 436.

ROANOAKE,

Or Moratuck, settled 380-1. A species of coin 397.

ROBERTSON,

His misrepresentations, as to the election of Sir Wm. Berkeley, governor, and the other public transactions in Virginia, during the commonwealth of England 513, note. −−− Quotation from replete with error 526-7, note.

RULES,

Of proceeding, in the house of burgesses 507-8.

RUNAWAYS,

Penalty for hiring runaway servants 253, 440. How punished 254-5, 440. To be branded on the cheek with the letter R, 254-5. On the shoulder 440. For ill usage, how redressed 255, 440. Felony to carry arms or ammunition to the Indians

255. Penalty for second offence 401. For harboring 401, 440. Hue and cry against 483. The hair of runaway servants to be cut close above the ears 517-8. How the Dutch paid for apprehended & bringing in runaway servants 539.

SABBATH,

Not to be profaned 144, 434. −−− Profanation of, how presented 240, 434. How kept 261, 434. No arrest on 457.

SACRAMENT,

To be administered three times a year 158, 183. In the church ibid. According to the book of common prayer 241.

SALARIES.
(See the respective officers.)

Of the governor & council, while attending quarter courts & assemblies 423. Of the governor ibid. His perquisites, ibid. Of the speaker of the house of burgesses 424. Of the clerk, ibid. Of the members of council, to be paid for actual attendance only 523.

SALTPETRE,

Experiments in 151.

SAVAGES.

See Indians.

SCIRE FACIAS,

Must be sued out after a judgment has been a year and a day without execution 484.

SEARCHERS,

Of vessels, appointed 207.

SEA STORES,

Sufficient, from England here, to be provided by masters of vessels 435.

SECONDS,

Of tobacco, not to be tended, under

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a penalty 399, 478. Penalty 478.

SECRETARY,

His fees 176, 201, 220, 265, 463. His office-hours 223. His duties during vacancy of governor 223. Fees of his clerk of quarter court 266. First secretary of state, under provision government 371. To issue summonses for assemblies ex officio 551.

SECRETARY OF STATE,

Directed to deliver the public records to the speaker of the house of burgesses, during a contest between the governor & council, and house of burgesses, as to the constitutional power of dissolving the assembly 503. −−− Wm. Claiborne appointed 523, 547. How appointed on the election of Sir Wm. Berkeley as governor 531.

SECURITY FOR COSTS,

To be given by non-resid't plaintiffs 522.

SEDITION,

In Northampton and Accomack 380. Certain commissioners to attend governor and council, to quiet disturbances of the people 384.

SERJEANTS,

When appointed 224.

SERMON,

Minister to preach one, every Sunday 157.

SERVANTS,

Penalty on, for secret marriages 252-3, 438. For hiring runaways 253-4, 439. Punishment of runaways 253-4, 401, 440. Redress, for ill usage 255, 440.

Felony for runaway servants to carry arms or ammunition to the Indians 255. Brought in without indentures, how long to serve 257, 441. How patents, for importation rights of, to issue 274, 444. Penalty for dealing with other men's 274-5, 445. Indian children, upon what conditions taken 410. Irish servants, how long to serve 411. −−− Repealed 538. Fro harbouring runaway 401. To have sufficient accommodations from England here 435. Fornication by servants 438. having bastards, how punishable 438-9. Hue & cry against runaway 483. Runaways, to have their hair cut close above the ears 517-8. Penalty for resisting their master, mistress or overseer 538. How Dutch paid, for apprehending and bringing in runaway 539.

SERVITUDE,

For offences, abolished 259, 459.

SETTLEMENTS,

On others' lands, how compensation to be made for improvements 260, 443. Exception 349, 444. inhabitants permitted to disperse & form distinct 285-6. On the north side of York river, when allowed 328-9. Further time allowed for 349. On the north side of Charles and Rappahannock rivers, authorised 353. On Moratuck or Roanoake, & Choan rivers 380.

SETT-OFF,

How allowed in court 296, 449. Act for, made perpetual 314. Debts sett-off must be of like nature and value 449.

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INDEX.

SEXTON,

How paid 226. How appointed 241.

SHEEP,

Exportation of, prohibited 463.

SHERIFFS,

When first appointed 223. Their power, the same as in England 224. No writ to be directed to more than one sheriff 257-8. To continue in office, one year, only 259, 442. When to settle their accounts with the public 259, 442. To give good security 259, 284, 442, 445. How to keep prisoners for trial 264-5. Their fees 266, 465. Fined for non-appearance of defendant 271. That act repealed 272. Certain sheriffs fined for not producing their accounts to the assembly 284. Their fees regulated 295. Summary redress against, for certain taxes 297. What fees bound to collect 302, 313. Sheriff to take bail, on arrests, or be liable to the judgment of the court 305, 448. How he may discharge himself, if defend't fails to appear 448. may have an attachment 448. When to distrain for taxes 320. To give a preference to public & county levies, in their collections 330, 450. −−− Not to plead as attorney in the court to which he belongs 330, 523. Penalty for disobeying any command of the general assembly 333, 452. Or not making return of any warrant or precept 452. When to return lists of taxable property 341. Collectors to receive public

levies, instead of 342-3. −−− To be recommended by county courts, and approved by the governor & council 392, 471. To collect and distrain for clerks' fees 465. Their commission for collecting, ibid. Form of their oath, during the commonwealth 467. Limitation in recovery of their fees. 484. To take lists of tithables as formerly 521. Additional penalty on, for not making due return of burgesses 532. Cannot refuse to hold elections for parochial burgesses, on the request of the vestry 545. To summon persons to render accounts of orphans' estates, ex officio 550. When to return lists of tithables 551.

SHIPS,

Not to break bulk or make sales till they arrive at James City 126, 163, 191, 214, 245-6. Exception 246. Duty of captain of, on arrival at Point Comfort 166, 141, 392. Proclamation to be fixed at the main mast of 166, 191, 214. Copy of act to be fixed to 245-6. If arrive empty, limited in their freight back 216-7. Leopaldus, forfeited 382-3. Proceeds of sale of, appropriated 385. Bill of sale of 382, note. To report to governor, on their arrival 392, 470. To douse sail on passing the fort 392, 470. Masters of, to provide sufficient stores for passengers, from England here 435. Certain captains of, refusing to pay the duty of two shillings a hogshead, on tobacco, ordered to be taken into custody

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INDEX.

512-3. masters of, to give bond and security not to molest any person trading under the protection of the laws of Virginia 535. Form of the bond 537.

SHIRES,

Names and number of shires or counties first established in Virginia 224.

SHOOTING,

On other men's lands, seated and bounded, prohibited 228. penalty for 294, 437. But deer ro game shot off another's land may be pursued on it 248, 437. Not to be on the Sabbath 261. Nor at entertainments 401, 480. Exception, ibid.

SICK,

To be visited by the ministers 157-8, 182.

SILK.

Donation to George, the Armenian, for encouragement to stay in the country and make silk 425. Premium for making 470, 487, 521.

SILVER,

See Staple commodities.

SKINS.

No skins or hides to be exported 174, 199. Furs excepted 199. Act prohibiting exportation of hides repealed 314.

SLAVES. −−− See Negroes.

Indian children not to be treated as 396.

SOUTH PARISH,

Formed in Upper Norfolk county 251.

SOUTHWARK,

Parish, established 347.

SPEAKER,

Communication from governor

Bennett, on the choice of 377. Message from the house of Burgesses on the same subject 378. The house permit their speaker to resign, ibid. Punishment of Wm. Hatcher for slandering col. Edw. Hill, speaker, ibid. Salary of 424. Power and duty of, during contest between the governor & council, and house of burgesses, as to the constitutional power of the former to dissolve the assembly 503-4.

SPECIFIC PERFORMANCE

Decreed 405.

SPIRITUOUS LIQUORS,

Act against buying repealed 226. Debts for, not recoverable 287. The last act repealed 295. Revived 350. Prices of, in taverns 300, 448. Not to be retailed by merchants within James City 319.

STAPLE COMMODITIES,

Answer to the king's letter concerning, viz. Tobacco, pitch, tar, pot-ashes, pipe-staves, barrel-boards, clap-boards, gold, silver, copper, fish, 134. Encouragement of 151. Premiums for, except tobacco 469.

STATE HOUSE,

Provision for 226.

STEALING,

See Cattle −−− Hog Stealing.

STEELYARDS,

To be provided for the warehouses 221. Penalty for useing false 391, 470. To be tried by standard weights kept at the courthouses 391, 470.

STINT.

See Tobacco.

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INDEX.

Price of corn not to be stinted 125, 173.

STORE-KEEPERS,

See Tobacco.
To be appointed at warehouses 204. Their commissions, and how paid 221.

STRATTON MAJOR,

Parish 404.

STRAYS. −−− See Estrays.

STRONG WATERS.

See Spirituous Liquors.

STYLE,

Old and new 393, note. When the new style, adopted in England, & the colonies 393, note. Variable and irregular manner of writing the date before 494.

SUBPOENA,

May be served by the parties, or any private person 295.

SUFFRAGE,

Right of, by whom exercised 412. Enlarged 403, 475.

SUMMARY PROCEEDINGS,

Against sheriffs & commissioners for converting certain taxes to their own use 297.

SUNDAY. −−− See Sabbath.

SUPERSEDEAS,

Damages, on affirmance of judgment, after 487. Not to be granted except where an appeal will lie 522. One awarded 549.

SUPREMACY. −−− 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.

SURGEONS.

See Physicians and Surgeons.

SURPLUS,

Of decedent's estate, where no kin, how disposed of 401, 447.

SURRENDER.

Articles at the surrender of the country to the parliament of England 363, 367. Act of indemnity at 367, 472. Right to free trade under articles of, asserted by the assembly of Virginia 535.

SURRY

County 373.

SURVEYORS,

Their fees 125, 335, 452. Their duties 335, 452. Penalty for refusing to survey, ibid. How appointed 404. Incompetent, to be removed, ibid. Of highways, to be annually appointed 436. Not to deliver a plat, till six months after it is drawn according to the survey 519. To mark the lands plainly 518-9.

SURVEYS,

To be made of each planter's land 125, 173, 197. How disputes about boundaries decided ibid. All former confirmed 262, 459. No plat to be delivered till six months after taken from the survey 518-9. Owners of elder patents compelled to shew their bounds to those wishing to survey adjoining 519.

SWEARING,

Punishment for 126, 167, 194, 433. How presented 126, 240. Forfeitures for, how collected 126, 194.

SYMMS, BENJAMIN,

His will giving lands for a free-school, in Elizabeth City, confirmed 252.

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INDEX.

TAR. −−− See staple commodities.

TAVERNS. −−− See Ordinaries.

TAXABLE PROPERTY,

List of, how taken 306. new comissioners appointed to take lists of 309. Penalty for concealing 329. For giving false lists ibid. When lists of returnable 341. Taxes on property abolished and poll-taxes revived 358. Who to be listed as tithables 361. Lists of tithables, when to be taken 361. −−− Penalty for concealing 361.

TAXES,

Limitation of governor's power as to 124, 171, 196, 244. Imposition of 128. Poll tax 143. To be collected by the burgesses 143. How paid ibid. Taxes for 1632, pa. 196. On newcomers, payable for the fort 222. Taxes for 1639, pa. 229. For 1642-3, pa. 279. Councillors exempted from 279. Laid for the governor's accommodation, in consequence of the civil war in England 380-1-2. Expenses of transporting, how paid 284. Heads of families liable for taxes of its members 286. Additional levy for defraying expenses of Sir Wm. Berkeley's voyage, and for purchase of powder 286. To defray expenses of the war against Pamunkey and Chickahominy Indians 287. Poll-tax abolished and tax on property substituted 305. List of, how taken 306. When payable 319, 334. Sheriffs may distrain for 320. None to be raised but by a grand assembly 320. New

commissioners appointed to take lists of taxable property 329. Penalty for concealing ibid. −−− For false lists ibid. To have a preference over all other debts 330, 450. Extraordinary tax to defray the expense of an Indian war 337. Inhabitants of Chicawane or Northumberland to contribute 337. To be received by collectors instead of sheriffs 342-3. Counties liable for, in default of sheriffs 354. On property, abolished, and poll-taxes revived 356. Who to be listed as tithables 361. When lists to be taken ibid. Penalty for concealing 361-2. Taxes for 1655, pa. 403.

TENDER,

If made before suit brought, pltf. to pay costs 264. Creditor must demand before suit 254. Oath of demand sufficient 317.

TITHABLES. −−− See Taxable Property, Taxes.

List of, to be returned by the burgesses 143. new mode of taking lists of 306, 329. Tax on revived, and tax on property abolished 356. Who to be listed as 361. When to be taken ibid. Penalty for concealing 361-2. Commissioners to examine lists of, and fine sheriffs for neglect therein 376. Lists of, how corrected, and taken 388. What persons are tithable 454. When lists to be taken ibid. How given in ibid. Penalty for concealing or rendering a false list 455. Act for returning, by heads of families,

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INDEX.

repealed, and sheriffs to take lists of, as formerly 521. When sheriffs to return lists of 551.

TITHES,

By whom payable to the ministers 144, 241, 361-2. Of calves, kids and pigs 159, 184. How collected ibid. Further continued 207. Act allowing, repealed 220.

TOBACCO,

Act concerning 126. Answer to king's letter concerning 134. New comers not restrained from making 141. Limitation as to planting 141-2, 152, 164, 189. Bad tobacco tendered in payment to be viewed by commander of plantation, with two or three discreet men, & burnt 152. Party delinquent not to plant any more till authorised by the general assembly ibid. Not to be planted by Frenchmen, who failed in culture of vines 161. Price limited 162, 188. Penalty for violation ibid. Limitation of prosecution 163, 188. Proceedings ibid. How many leaves to a plant 164, 189, No seconds to be tended ibid. When to be taken down 165. Assembly to be called concerning ibid. How inspected, when bad tendered in payment 165, 190. Bad tobacco to be burnt ibid. Viewers, how appointed ibid. Penalty for refusing to act ibid. Former acts concerning, repealed 204, 210. −−− Warehouses established 204, 211. Inspectors, who ibid. When to attend, ib. To burn bad tobacco ib. Good tobacco

to be received and entered 204, 212. No tobacco to be paid away till inspected and entered ib. All payments to be made at the warehouses 204. How warehouses built and store-keepers appointed 204, 211. All tobacco to be brought to warehouses, on oath, before last day of December 204-5, 211. Except what is reserved for family use 205, 212. At what places warehouses established 205, 211. When, and what tobacco may be made up in rolls 205, 212. Limitation as to planting ib. What sort to plant ib. Crops to be viewed and counted 206, 212. For excess, whole crop to be cut downe 206. Further penalties 206, 213. Goods to be landed and contracts for tobacco made at James City 206, 213, 214. Price of tobacco limited 206, 210. Invoices of goods to be delivered 206, 213. Searchers appointed 207, 213. Contracts and pleadings to be no longer in tobacco, but in money only 216. Commission allowed store-keepers at James City 221. How paid ib. Sealed weights and measures to be provided for ib. Plan for improving the value of; halfe the good and all the bad to be destroyed 225. Creditors to receive a certain portion of ib. Contracts for freight of, reduced ib. Relief of debtors for ib. Price of tobacco in 1639 limited ib. Freight

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INDEX.

per tun limited ib. How tobacco to be tendered ib. Price of crop of 1640 limited 226. Who permitted to cultivate it 228. No tobacco brought from Maryland and sold in Virginia 276. Casks for, to be purchased of coopers only 330. That act repealed, and merchant to allow for cask 351-2. Inhabitants not liable to export duties on 410. No seconds to be tended 399, 478. Penalty, and how appropriated 399. Size of a hogshead of 435, 456. Penalty for exceeding the legal size 456. For making casks of timber not seasoned 456. Duty of ten shillings a hogshead imposed on all foreigners exporting tobacco during commonwealth 469. Extended to all persons not bound to an English port, except Virginian owners 536-7. Mixed with ground leaves no longer merchantable 487. Ground leaves not to be disposed of 524. How former tobacco debts to be paid 488, 524. Proceedings when the creditor will not accept 488. −−− Public levies, clerks' fees, &c. to be paid in good tobacco 488. Penalty for packing ground leaves with good tobacco 488. Such tobacco to be burnt 488. No tobacco to be planted after the 10th of July 488. Penalty ib. Tobacco debts not demanded between 10th of October & last of January not recoverable till next crop; but suit may be brought for securing the debt 489. Duty of two shillings

a hogshead on all tobacco exported 492-3. That act repealed 523. Proceedings in the house of burgesses as to the time of planting 496. Reasons for laying a duty on exportation of 498. Certain captains of vessels, refusing to pay the duty of two shillings a hogshead on, ordered to be taken into custody 512, 513.

TOLL.

What toll millers may take 301. Penalty for exceeding 348, 485.

TRADE. −−− See Free Trade.

Act for regulating trade & establishing ports and markets in each county 412, 414. Repealed 397.

TRADESMEN

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

TRANSPORTATION

Of debtors without notice, liable for their debts 200, 243. So without a pass 437. Penalty for transporting persons to the bay or elsewhere, without notice 466. How cattle to be transported 466.

TREASON

To doubt the right of succession of Charles II, pa. 360. To propose a change of government, in Virginia, or to doubt the power of the existing government 361.

TREASURER,

His salary 307.

TREATIES.

Treaty with Necotowance, king of the Indian 323, 326, 453. Between the commissioners of the parliament of England, and

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598

INDEX.

the colony of Virginia 363, 367. Act of indemnity 367.

TRESPASSES. −−− See Fences.

By cattle, &c. over fences 244-5, 332, 458.

TONNAGE

Duty, payable in powder and shot 301.

TREATY

Between the commonwealth of England, and the colony of Virginia, 363. Additional treaty 365. Act of indemnity, including the treaty 367.

UNDER SHERIFF. −−− See Sheriff.

Not to plead as attorney in the court to which he belongs 523.

UNIFORMITY −−− See Church.

To church of England enjoined 123, 155, 180.

UPPER NORFOLK.

Boundaries of 228. Finally determined 247. Divided into three parishes 250-1. May elect burgesses in each parish 277. Name of, changed to Nansimum 321. Part of, added to Isle of Wight 423.

URINE,

To be saved, in each family for experiments in saltpetre 151.

VESSELS. −−− See Ships.

VESTRY,

How appointed 240. By a majority of parishioners 290. −−− May order payment of wages, by the parish, of parochial burgesses 520.

VIEWERS. −−− See Inspection, Tobacco.

VINES. −−− See staple commodities.

To be planted 126. Frenchmen failing in culture of, not to

plant tobacco 161. Proportion of, to be planted by inhabitants 161, 192. Act for planting, repealed 218.

VIRGINIANS,

Old, their privileges 124, 172, 197, 263, 460.

VIRGINIAN OWNERS

Exempted from castle duties 402, 480. From export duty on tobacco 537.

VISITATION

Of ministers and church-wardens, yearly 240, 241.

VOYAGE

Not to be taken on the Sabbath 261. Of discovery of navigable rivers between Cape Hatteras and Cape Fear 422.

WAGES,

Of burgesses, paid by the counties 267, 421. Of parochial burgesses by the parish 421. How collected 520-1. Of members of the council, for actual attendance only 523. Of chaplain to the assembly 549.

WAITERS,

To be put on board all vessels, on their arrival at Point Comfort 215. Their duty 215-6.

WALLINGFORD.

Boundaries of Wallingford parish 249. Altered 278.

WARDS.

See Orphans.

WAREHOUSES.

See tobacco.
When & where established 204, 205, 211. Store-keepers appointed at 205, 211. Their commission 221. Sealed wts. and steelyards to be kept at ibid.

WARRANTS.

No blank warrants to issue, or be

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599

INDEX.

executed 257, 459. Origin of warrants for small debts 272. −−− Warrants, how to issue, during the commonwealth 434. Not to be executed on Sabbath days or at a muster 457.

WARROSQUOYACKE,

One of the original counties 224. (Changed to Isle of Wight in 1637.)

WARS. −−− See Indians.

WARWICK RIVER,

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

WARWICK,

Warwick River county, changed to 249. Boundaries of 250.

WATCH,

To be kept at night 127, 173, 198.

WATERS' CREEK,

Parish established 278.

WEIGHTS & MEASURES,

To be sealed by officers 126. Penalty for using defective wts. 171, 195. To be provided for the warehouses 221. To conform to act of parliament 331, 473. Millers to provide statute 348. Standard to be kept at the courthouses 391.

WEIRS,

Taking away, how punishable 170.

WEST,

John, and family exempted from levies, in consideration of the services of his ancestors 547.

WESTMORELAND,

County, boundaries of 381.

WESTOVER,

Parish, enlarged 375.

WEST PARISH,

Formed, in Upp. Norfolk county 251.

WEYANOAKE PARISH,

Boundaries of 251.

WHEAT,

Premium for making 470.

WICCACOMICO,

Indians, desertion of, and sale of their lands, in Northumberland 515.

WILLS,

Where to be proved 302-3. Proceedings upon 303. Construction of a will, which not using words of perpetuity, held an estate for life only 405. Administrator, with will annexed, when appointed 416, 480.

WINES,

Act against buying repealed 226. Debts for, not recoverable 287. The last act repealed 295. Revived 350. Prices of in taverns 300, 446. Penalty for fraudulently mixing, ibid. For exceeding legal rates, ibid. Not to be retailed by merchants within James City 319. Premium for making 470.

WITNESSES,

How their depositions taken 304. In criminal cases to be paid by the county 449.

WOLVES,

First reward for killing, permission to kill a wild hog 199. Reward for killing, payable in tobacco 328. County courts may establish rewards for 456. Indians to be employed to kill 457.

WOMPOMPEEKE,

A species of coin 397.

WOOL,

Exportation of prohibited 488. Again permitted 525.

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600

INDEX.

WORKMEN,

Not to forsake their work, unless for non-payment 193. To follow their trades, only 208.

WRIT,

Of ease, granted to a commissioner of a county court 546.

WRITINGS, OBLIGATORY,

Actions on, limited to 3 years, unless renewed, sued upon or recorded 390. Extended to 5 years 483.

WRITS,

Not to be directed to more than

one sheriff, unless against runaways and felons 257-8. How to issue 306, 434. Under what teste 346, 434. Not to be executed on a sabbath day, or at musters 457. To issue in the name of the grand assembly 530.

YORK,

Charles River county, changed to 249. Settlers on, their lands confirmed 257.

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Volume Map

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