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593

INDEX.


E

 F

ENTERTAINMENT
Of strangers, no recovery for without express agreement 192.
ESHCEATS,
Composition for 56, 136, 137.
ESTRAYS,
Proceedings, on taking up 124. Reward for 124. How recovered after Bacon's war 413.
ESTREATMENT
Of fines 75.
EVIDENCE.
When viva voce evidence; when depositions may be sued 67. Commissions to take depositions, how to be issued and executed 67, 68. How preserved 72. To be given on oath 167.
EXECUTION,
Goods taken in, how appraised 80. How disposed of 80. Executions and returns to be recorded 80. persons taken in, may redeem their bodies with their estates 189. How issued on judgments rendered by assembly 420.
EXECUTIVE
Powers in Virginia, where they reside 512.
EXECUTORS & ADMINISTRATORS,
Lists of, to be certified to and recorded in secretary's office 27, 90. Adm'r. with will annexed, when 93.
EXPORTATION
Of hides, wool, iron and money prohibited 124, 125. Of English goods 127. Of mares and sheep 128. Repealed 267. Penalty for exportation of hides extended to buyer 179. Further extended 216. Or deer & calf skins prohibited 185. Of wool, hides and iron permitted
287. Again prohibited 498. Of corn prohibited 261, 388.
EXPORT DUTIES
On meat, repealed 21. Of two shillings a hogshead on tobacco 130, 176, 466. How collected 131, 132. In what paid 283. In Northumberland and Westmoreland 132. Duty of ten shillings a hogshead 133. How paid 186.
FAIRS
For Indian trade established 410, 411.
FALSE NEWS,
Divulgers of, how punished 109.
FAST
Established 264, 399.
FEES
Of secretary & clerks of courts, how long recoverable 26, 142. Compensation and liability of sheriff for collecting 27, 144. When tickets to be delivered 27. For parish registers 54. For marriage licenses 55. Of surveyors 99, 235. Of secretary 144. Of county court clerks 145. Of clerk of assembly 145. Of sheriffs 146. None to be taken by justices of peace 244. Of dedimus potestatem 272. Of sheriffs for arrests 289. Penalties imposed by Bacon on various officers for taking more than legal fees 354. Of collectors 443. Certain clerks to adjust new fee till, 455. Of attornies 479. Additional to county court clerks 485. Penalty for exacting more than legal 486.
FENCES,
What deemed sufficient 100. Trespasses on 100, 243. How viewed 101. Horses to be confined within certain periods

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 G

279. Damages for trespass on 279. What is meant by a close fence 279. Additional damages for trespasses on, 360, B.
FEMES COVERT,
How they may convey their estates of inheritance 317. All former conveyances by, valid 317.
FERRIES,
Free, to be established 310.
FINES,
To be disposed of by the assembly 75. County courts to lay & collect them 75. Estreatment of 75. To be proportioned 75. Half of, to be paid to informer 189.
FISH,
Striking and killing, prohibited at certain seasons, in certain counties 487.
FLAX,
Provision for raising 26. Flax-seed to be distributed 120. How procured 306. For spinning flax 120.
FOREIGN DEBTS,
Not recoverable, except for goods imported 189.
FORNICATION,
Punishment of 114. In servants 115. With negroes double fines for 170.
FORT DUTIES,
Three pence per hogshead on tobacco 23. How collected in Accomack, Potomack and Lynhaven 133.
FORTS
To be built 220. One on each river 255, 256, 257, 258. Injunction for ships to ride under dispensed with 265. Resolution concerning 291, 292. To be rebuilt and repaired of brick
293. Various regulations concerning 294, 295. May be erected in Isle of Wight and Lower Norfolk 307. Money raised for, to be returned 402. Four to be built on the four great rivers 433 to 440. To be continued 469. How supplied 470. To be dismantled 499. Account of forts in Virginia by Sir Wm. Berkeley 512.
FRAUDULENT DEEDS,
What deemed, unless the conveyance be recorded and registered 98.
FREE TRADE
Allowed to all the inhabitants 124. Except with the Indians 124. Laws against ingrossing repealed 124. Free trade with friendly Indians 410, 480.
FRONTIERS,
How to be settled 209. Lands not to lapse on, for want of seating in less than 7 years 397. Grant of lands to captain Wm. Byrd and major Lawrence Smith for purpose of forming settlement on 448. Other entitled to same privileges on performing same conditions 454.
FUNERAL EXPENSES,
Not to be excessive 94.
GARRISONS
To be built at the heads of the four great rivers 433. How furnished with men, provisions &c. 433 to 440. To be continued at the heads of the four great rivers 469. How supplied 470. Soldiers in, disbanded 498. Forts dismantled 499. Certain number of troops to be raised in each county 499.

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 G

GATES
To be made on each plantation 261.
GENERAL COURTS,
Origin of the term 58. Terms of 58, 59. Altered 227. Style of 59. Form of opening 59. Proclamation for suitors to appear 59. Calling the plaintiff 60. Calling the defendant 60. Actions to be proportioned 60 When arrests may be made 61. How long to sit each day 61. Orders to be drawn up by next morning 61. Amendments when made 61. Orders to be signed by secretary & recorded by clerk 62. When declaration to be filed 62. When plea or answer 62. Judgment against bail or sheriff 62. How relieved 62. Criminals to be tried at 63. Appeals to 64. Jurisdiction of 65. Amercements in 65. Repealed 192. Causes in, set for forenoon and afternoon 210.
GLEBES,
Parish levy for purchasing, enquiry after 29. To be provided for ministers 30, 45.
GOODS,
English, exportation of prohibited 127. To be sold at towns only 475.
GOVERNOR,
His salary, and how paid 12. Pass granted by, confirmed 12. To press ten men of the ordinary sort to build a state house 13. Fee to, for ordinary license 20. Certain proposals of, to be drawn up into acts 156. Person fined, for contempt to 156. His salary 314.
GOVERNOR & COUNCIL,
Rent of house to sit in 12. May lay levies or taxes for three years to save expense of calling the assembly 24, 85. Governor and two of council to attend county courts 64. Repealed 179. Guard for 200. Exclusive power, over grants of land 253.
GRAND JURY,
When to be empannelled 74. What offences to present 74. Their presentments to be laid before the assembly 108. Fine on courts for neglecting to swear them once a year 406.
GRANTS
To lords Arlington and Culpeper of the whole colony of Virginia, law concerning 311. Provision for an agency in England to negotiate for the repeal 312, 313. Heads of grant to lords Arlington and Culpeper 427, 428. To capt. William Byrd and major Lawrence Smith, at falls of James and Rappahannock rivers, for purpose of forming frontier settlements, 448. Condition of 451, &c. Papers relating to grant to lords Arlington and Culpeper 518 to 522.
GREEN SPRING,
Lands at, settled on Sir William Berkeley 319.
GRIEVANCES,
How presented to assembly 482.
GUARD,
For governor and council 200.
GUARDIANS.
Power and duties of 94. Rules concerning 94. How long to rent orphans' lands 94.

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596

INDEX.


I

 I

HAMMOND,
Major general, allowance to 10. Exempted from levies 12.
HEMP,
Culture of, encouraged 306.
HIDES,
Price of, 123. Exportation of, prohibited 124. Permitted 287. Again prohibited 482, 493. Penalty extended to sellers 179. Further penalties 216.
HIGHWAYS,
Surveyors of, how appointed, their duty, &c. 103. Roads, how laid out 13.
HILL, EDWARD
Disabled from holding office 364, B.
HOGS,
Of Indians, to be marked 317.
HOG-STEALING,
Punishment of 129. Evidence upon 129. Further penalties 440.
HOGSHEAD OF TOBACCO,
Size of, 106, 125. How to be made 125.
HOLY DAYS.
The 30th of January, 24, 49. The 29th of May, 24, 49. No arrest on 86. The 13th of September 191, 204.
HORSES,
Exportation of permitted 267. Importation of prohibited 271. To be confined within certain periods 279.
HORSE-WAY
Over Powhatan swamp 12.
HUNTING
On other mens' land prohibited 96. Exception 96, 97.
IGNOMINIOUS PUNISHMENTS
Inflicted on certain persons for
being concerned in Bacon's opposition 378.
ILLEGITIMATE,
Who deemed 51.
IMPORTATION RIGHTS,
How secured 95.
IMPOSITION
Of two shillings a hogshead on tobacco 130, 176, 466. How collected 130, 131, 132. In Northumberland and Westmoreland 132. Of ten shillings a hogshead 133. New England vessels exempted 218. How paid 186.
IMPRESSMENTS
Of timber, sloops, boats, arms, provisions, horses, goods, men, &c. regulated 416, 417, 418.
IMPROVEMENTS
On land seated by mistake, when paid for 96.
INDIANS,
Of Accomacke, secured in their lands without the power of alienation 13, 14. Wiccocomico, sale of their land to col. Mathews, how title secured to his heir 14. Proceedings as to land purchased by col. Carter from 14. Damages done by, how redressed 15. Some to be sold to compensate private injuries 16. None to trade with but by commission 20, 124, 140. Confirmation of bounds of Chickahomini 34. Certain lands within boundary of, to be purchased 35. Difference with, and col. Fauntleroy adjusted 36. Lands of Cheskoiack confirmed, and they to have the sue of guns 39. Sale of land by Chickahomini confirmed 39. Contracts with Indians for their lands, void

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I

 I

139. English encroaching on them to be removed and their houses demolished 139. To assist them in fencing 139. Indians may be licensed to fish, oyster and gather wild fruits 140. Injuries done them, to be punished as if done to whites 140. None to trade with, but by license 140. Difference between, and traders, how adjusted 140. None to imprison an Indian king 141. Bounds between and whites, to be fixed, and viewed annually 141. Badges to be furnished to 142. Coming in without badges, how dealt with 142. Penalty for taking their badges 142. Duty of tributary Indians 142. Penalty for harboring Indians 143. Indians not to be sold as slaves 143. How long to serve as servants 143. None to be retained as servants, without license, 143. Wahanganoch king of Potowmack, acquitted of treason and murder 149. Compensated for injuried done him 150. A person fined for suffering the murderer of an Indian to escape 150. Fines imposed, for imprisoning the Indian king Wahanganoch 150. Certain persons fined, &c. for injuries done the Potomack Indians 151. Dispute with Rappahannock Indians adjusted 152. Person punished for extorting Roanoake from 152. Compensation to an individual for injuries done by 153. Northern and Marylanders prohibited from trading in Virginia 153.
Person restrained from encroaching on 153. Sales of land by king of Potowmack confirmed 154. Disputes with, and individuals, referred to commissioners 154, 155. Complaint of king of Mattapony for burning his English house 155. Person summoned to shew cause why he detains an Indian boy 155. An Indian sold for life, discharged 155. Commissioners appointed to enquire into titles of land held of Indians 155. Penalty for entertaining without badges 185. Northern, regulations for preserving peace of 193, 194. Werowances, Mangais, Matchacomico among 192, 193. Arms not to be sold to 215. Act concerning murders committed by Northern, extended to all others 218. If white person murdered, the next Indian town answerable 219. Repealed 237. Not to appoint their own Werowance 219. Inhabitants to go armed to church 219. Penalty for harboring without license 219. Act giving rewards to for killing wolves, repealed 236. Revived 274. Again repealed 282. Coming within bounds of Henrico, may be killed 237. Repealed 289. Not to buy christian servants 280. Not to be slaves 283. To mark their hogs 316. Good witnesses against Indians for hogstealing 316. War against in 1675, 326. Various regulations concerning 326, 327, 328, 329, 330, 331, 332, 333. Articles of war 333.

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598

INDEX.


I

 J

Trade with, prohibited 336, 350. Death to sell arms or ammunition to them 336. Commissioners may license trade with peaceable, for necessaries 337. War declared against, by Bacon 341. Various regulations concerning 341 &c.. ======Taken in war, to be slaves 346, B. Same law 404, 440. Sold by neighboring Indians, slaves 491. Bacon's regulations for trading with 350. Their lands deserted to be seized by the whites and sold to defray the expense of the war 351, B. Free trade allowed to them on Eastern Shore 403. Charge of war against Susquehannah to be ascertained and paid 403. Also of the war carried on by Bacon 403. Free trade allowed with friendly, 410, 480. Marts or fairs established for 410, 410. Act 8 of October 1665 enforced 484. Women servants tithables 492.
INDUCTION
Of ministers 46.
INFORMER
To have halfe of all fines 189.
INGROSSING,
Laws against, repealed 124.
INSOLVENTS,
How relieved 81.
INSTRUCTIONS
Of king Charles II. to Sir Wm. Berkeley 424. 1. Not to call an assembly once a year, but only once in two years, and then only to sit 14 days. 2. Members of assembly to be elected by free-holders only 425. 3. To make peace with
the Indians. 4. As to going on board vessels. 5. A new assembly to be called, and the old one dissolved. 6. To declare void all laws passed under Bacon's influence. 7. To summon Bacon to surrender, to seize him, and either try him in Virginia or send him with the proof to England according to his influence with the people 425. 8. Bacon must be taken by force or design 426. Letters addressed to governors of Maryland and New-York, to take him, if he escape there. 9. To reduce the wages of the members of assembly. 10. To send an annual account to England 426.
INSURRECTIONS
Of slaves guarded against 481, 492.
INTERPRETERS
With the Indians appointed 138.
INTESTATES' ESTATES,
Negroes belonging to, how disposed of 288.
IRON,
Exportation of, prohibited 124. Permitted 287. Again prohibited 493.
ISLE OF WIGHT,
Boundaries of, and Nanzemund settled 318.
ITENERARY JUDGES,
Act for, repealed 179.
JAIL BIRDS,
Convicts, so called 509.
JAMES CITY,
Sole port of entry 135. Boundary of, defined 362, B. Burgess for, how chosen 362, B. Inhabitants may make by-laws

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J

 L

362, B. Inhabitants of, how far privileged from arrests 213, 502.
JAMES RIVER,
Grant of land, at head of, to capt. Wm. Byrd, for purpose of forming frontier settlement 448.
JUDGES,
Act for itenerary, repealed 179.
JUDGMENTS,
Limitation of recovery on 22, 104. Exception 105. How entered in court 27, 71. How confessed out of court 87. When scire facias necessary 88. On a non est inventus 166. Can only be rendered in tobacco or money 190. On penal statutes 216.
JUDICIAL PROCEEDINGS,
Of assembly 159, 160, 161, 162. During Bacon's opposition confirmed 462.
JUDICIARY.
Judicial powers of governor and council, as explained by Sir William Berkeley 511.
JUSTICES OF THE PEACE
When so called 70. Their power 70. Oaths of 70. Penalty for not attending court 70. Jurisdiction of 72. Not to take any fees 244. Their warrants in relation to hue and cry, or runaways to be obeyed in all counties 282. Not to lay levies for their own accommodation 315. To act as coroners without fee 325. Same law 355, B. May sign probats 359, B. Same law 391. Getting drunk on a court day, fined and removed from office 384. To act as coroners, where none, and have the fee 419.
JURY,
In criminal cases, how summoned 64. Their allowance, &c. 64. Trial by, in civil causes, in all cases 73. How summoned 74. Demeanor of 73. Those summoned to attend the trials at Green Spring, to be paid 422.
LANCASTER,
Boundaries of, and Northumberland confirmed 285. Commissioners appointed to settle bounds 309.
LANDS,
Purchased from Accomacke; Wiccocomico and other Indians, proceedings on 13, 14. Of orphans protected 94. How long rented 94. Covenants as to improvements of 95. How processioned 305. Importation rights of 95. Deserted 95. Seating on others by mistake, improvements to be paid for 96. Hunting on other mens' prohibited 96. Exception 96, 97. Limitation in actions for 97. Surveyors of, their duty & fees 99. To be plainly marked and bounded 100. Bounds of, to be renewed every four years 101. Processioning 102, 303. Bounds settled, conclusive 102. Seating and planting, what 244. Former titles to, confirmed 245. Grants of, exclusively in governor and council 253. Conveyances by femes covert 317. At Green Spring, settled on Sir Wm. Berkeley 319. Conveyed by Sir Wm. Berkeley and wife confirmed to Col. William Cole 321. Not to lapse for want of seating in less than 7

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L

 L

years, 397. All patents for, extend to low water mark 456.
LAPSED LAND,
How entered 95. Not to lapse in less than seven years 397.
LAW BOOKS,
Certain to be imported 246.
LAWS,
All laws prior to 1661-2, repealed 43. Common law adopted 43. Revisal of 1661-2, how authenticated 147. To supersede all others 147. To be printed in England 147. King's confirmation to be obtained by Sir Wm. Berkeley 147. Exclusive privilege of selling printed copies vested in assignees of Henry Randolph for 10 years 148. May be made by each county and parish 171. Penalty for declaring the acts of assembly not of force 501. Passed under Bacon's influence 341 to 365. All such repealed 380, 425. Copies of laws, sent yearly to England 512.
LEARNING.
Sir W. Berkeley's opposition to, in Virginia 517.
LEATHER,
Exportation of, prohibited 493.
LEGISLATIVE
Powers, in Virginia, where they reside 512.
LETTERS,
Public how conveyed 108. Of king Charles II, on the subject of Bacon's opposition 423, 428.
LEVIES. −− See Taxes.
May be laid by governor and council to save expense of calling the assembly 24, 85. To be first paid 82. Who exempted
from 84, 85, 307. Exemption of tradesmen repealed 179, 307. Vestries and county courts may exempt poor persons from 310. Not to be made by justices for their own accommodation 315. Representatives to be chosen in each parish to act with justices in laying 357, B. Same law 396. Councillors' & ministers' families to pay 359, B. Same law 392. Governor's family, except the freemen therein, and indigent persons exempted 360, B. Nearly same law 392. Allowlawance for cask in 410, 480. Act for public 507.
LICENSE,
Of ordinary keepers, how obtained 19. Marriage, may be signed by a magistrate 28, 51, 55. Fees for 55. Servants not to go abroad without 195.
LIMITATION,
Of recovery on bills, bonds and judgments 22, 104. Of physicians' and surgeons' accounts 26. Of secretary's and clerks' fees 26, 143. Of suits for land 97. Against decedents' estates 297, 442. Of open accounts 111, 112. Of recovery on notes of deceased persons 301. The year 1676 declared out of statute of 419.
LIQUORS,
Rates of 234, 236, 287.
LITIGIOUS SUITS,
Additional costs in 281.
LITURGY
Of church of England, to be read 47.
LOOMS
To be provided in each county 238.

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M

 M

LORD'S DAY −− See Sunday.
LOYALISTS
Act for relief of 381, 461.
LUNATICS.
Doubts entertained whether they should be suable 39.
LUXURIES,
Importation of prohibited 18.
MAGISTRATES.
See commissioners. John Bond removed 39.
MANADOS,
Embassy to 11.
MANGAIS,
Chief men among Indians 193.
MANUFACTURES,
Encouragement of 120, 121. Repealed 242. Revised as to silk 272. Further encouraged 503, 504, 505, 506.
MARES,
Exportation of, prohibited 128. Repealed 267. Importation, prohibited 271.
MARRIAGES,
Licences for, may be signed by a magistrate 28. His duty 28. Duty of Clerk 28. To be celebrated by ministers of the church of England, only 50, and by license, or banns 51. Issue of persons otherwise married, illegitimate 51. Licenses for, how to issue 55, 281. Fees for 55. Secret marriages of servants, prohibited 114.
MARSHES,
How taken up 300.
MARTS
For Indian trade, established 410, 411.
MARYLAND,
Tobacco of growth of free from duty 259. Vessels of, prohibited from trading in Virginia, without making due entry 446.
MASTER,
How he may contract with servant 388.
MASTERS OF VESSELS,
Amount of their bond, not to molest the trade of Virginia, to be regulated by collectors 16. To provide 4 months provisions from England here 129. Accommodation of poor servants 129. Liable for debts of persons carried out of the country without a pass 130.
MATCHACOMICO.
Council among Indians 193.
MEASURES.
See weights and measures.
MIDDLESEX
County 327.
MILITARY
Force in Virginia, account of by Sir Wm. Berkeley 512.
MILITIA,
Fines for not attending muster 246.
MILLERS,
To provide steelyards, or statute weights and scales 127. To grind in turn 127, 242. Penalty 242. Penalty for exceeding legal toll 127. Toll allowed 286.
MILLS,
How an acre of land may be condemned for the abutment of a mill dam 260. Not to take away houses, orchards, &c. 261. When to revert to proprietor 261.
MINISTERS.
Vestries to determine what allowances to make them 29. Encouragement for, glebes, &c. 30. Petition to the king for 30. Vestries to procure subscriptions for 37. Salary of 45. To be inducted and how 46. None

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N

 N

others admitted 46. To preach every Sunday, and administer the sacrament twice a year 47. None others to celebrate rites of matrimony 51. Dues collected by church wardens 52. Exempted from taxes and levies 85. To pay levies 359, B. Same law 392. His allowance for officiating at general courts and assembly 359, B. Same law 392. Sir Wm. Berkeley's opinion of those sent to Virginia 517.
MOLESWORTH,
Col. Guy, difference with, and the country compromised 10, 11. Compensation to 11.
MONEY,
Value of pieces of eight 125. Exportation of, prohibited 125. Judgments alone rendered in, or tobacco 190. Placed in England for support of agents 311. Further appropriation of prohibited by king 430, 431.
MOODY,
Sir Henry, employed on embassy to Manados 11.
MULATTOES. See Negroes.
MULBERRY TREES,
Act concerning revived 32. To be planted 121. Time prolonged 191. Act for planting, repealed 242.
MUSTER,
No arrest at 86. Fines for not attending 246.
NANZEMUND,
Boundaries of, & Isle of Wight settled 318.
NATURALIZATION,
How obtained 289. Of certain persons 302, 308, 339, 400, 447. New law for 464. Purchasers
of lands from aliens, confirmed in their titles 465.
NAVIGATION.
Rivers may be cleared by order of county courts, 455, 484. Penalty for obstructing 485.
NEGOTIATIONS
For a new charter, 523 to 531.
NEGROES,
Servants running away with 26. Children of women to serve according or condition of their mother 170. Double fines for fornication with 170. Women, emancipated, liable to pay taxes 267. Not to buy christian servants 280. Belonging to orphans, how disposed of 288. When tithable 480. Children imported, to have their names adjudged by the court 480. Insurrections of, prevented 481. Not to carry arms 481. Or go from home without a pass 481. Lifting hand against a white man 481. Lying out may be killed 481. Act concerning, to be read in churches 492. Not to remain on plantation of another 4 hours at a time 493.
NEW ENGLAND,
Vessels of, exempted from duty of ten shillings on tobacco exported 218. Character of inhabitants 516.
NEWS,
Divulgers of false, how punished 109.
Non est inventus,
When it may be returned 79. Judgment on 166.
NORTHAMPTON,
Appeals from, limited 66. Extended to all cases 362, B.

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