Hening's Statutes at Large

Pages 593-602 ======

Volume Map

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INDEX.

NORTHUMBERLAND,

Boundaries of, and Lancaster confirmed 285. Commissioners appointed to settle bounds 309.

NOTARY PUBLIC

Appointed 136. Deputies may be appointed 316. Henry Randolph appointed 456.

NOTES

Of deceased persons, how far recoverable 301.

OFFICES,

Act for regulating 352, B. None but natives, or those who have resided here three years, capable of any office 354, B. Same law 390. Nor persons convicted of any notorious crime 354, B. Nearly same law 390. Penalties on officers for taking more than legal fees 354, B. Abuses in secretary's office corrected 355, B. Plurality of, prohibited 354, B. Same law 390. Edward Hill and John Stith disqualified from holding 364, B. Penalty for speaking disrespectfully of those in 385, 463. Certain persons disqualified from, for adhering to Bacon 461.

OFFICERS. See Offices.

Act for regulating 352, B.

ORDERS

Of court, when to be drawn up 61. To be signed by secretary and recorded by clerk 62. In county courts, to be examined as in general court 271.

ORDINARIES,

Keepers of, licensed, and give bond 19, 113. Fee to the governor 20. To sell by English measure 113. Rates of 234,

263, 287. Debts due to, when recoverable 234. Number of, in a county, limited 269. All ordinaries, ale houses and tippling houses suppressed, except at particular places 361, B. and they not to sell spirituous liquors 361, B. Nearly same law 393.

ORNAMENTS

For churches, to be provided 30, 52.

ORPHANS,

Estates, how managed 92, 93, 94. Rules concerning 93, 94. Rules concerning 93, 24. Their lands protected 94. How long rented 94. Negroes belonging to, how disposed of 288. Additional act concerning 295, 296. Their lands, how processioned 305. Good security for their estates, to be taken 444.

PARDON,

Act of general, 363, B. Nathaniel Bacon the younger excepted 369. Certain others excepted 370, 371, 372. Act of free and general pardon granted by the king 458. Certain persons excepted 459. Bacon excepted 460. Estate confiscated 461.

PARISH REGISTER

Of births, deaths and marriages 54.

PARISHES

To be bounded by natural limits if practicable 18. To provide church ornaments 30. Bounds of Marston and Middle plantation 161. Of Westover and Martin Brandon 161. May

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make laws 171. To be bounded as lands 218. Lancaster & Payanketank united, and form Christ's Church 252.
PASPORT
To commissioners to treat on subject of cessation 250.
PASS
Granted by governor, confirmed by assembly 12. How to be granted 28, 130. Servants not to go abroad without 195. Nor negroes 481.
PATENTS,
Defective, confirmed 245. Disturbances on account of, to certain patentees 311. Heads of the patent 427. Price of double 412. New form of 418. All patents extend to low water mark 456. Papers relating to the grant to lords Arlington and Culpeper 518 to 522.
PENAL LAWS,
Breach of, to be enquired into by assembly 108. How judgments rendered on 216.
PHYSICIANS AND SURGEONS,
Limitation of recovery on their accounts 26. Compelled to declare on oath, the value of their medicines 109. Court may allow them 50 per cent advance 110. Punishable for neglecting their patients 110. Their accounts when and how recoverable of decedent's estates 110.
PILLORY
To be erected at each courthouse 75.
PILOTS,
Provision for 35. Rates of pilotage 35. To provide beacons 35.

PLANT−−Cutting 562.

PLEAS,

May be in writing 27. When to be filed 62, 71.

PLOT,

Of 1663, discovered by Berkenhead 204.

POWDER & SHOT,

Castle duties payable in 134, 177. Duty of 466.

PREACHING,

To be every Sunday 47.

PREMIUMS,

For certain domestic articles 120, 121. Laws granting, repealed 241. Revived as to silk 272. For flax and hemp-seed, dressed flax or hemp, linen cloth, or linsy woolsy, hats, woolen or worsted hose 503, 504, 505, 506.

PRESENTMENTS,

To be made by church-wardens 51. By grand jury 74. To be laid before the assembly 108.

PRICE,

Jenkin, donation to for preserving several persons from the Indians 11.

PRINTING,

Sir Wm. Berkeley's dread of the introduction of, in Virginia, in 1671, pa. 517. Prohibited in Virginia, in 1682. p. 518.

PRISONS,

To be built in each county 76. Prison breaking, felony 77. Who to have benefit of rules 77.

PRISON BOUNDS,

Persons dwelling within, to be closely confined 19, 77. Who to have benefit of 77.

PRISON-BREAKING,

Felony 77.

PRISONERS,

Poor how relieved 81.

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INDEX.

PRIVILEGE,

Of burgesses in exclusively laying taxes, insisted on 254.

PRIVILEGED GROUNDS,

On certain frontier settlements 452.

PROBATS

May be signed by two justices 359. B. Same law 391.

PROCESS,

May be executed, by sherriffs, on board vessels 489.

PROCESSIONING,

When, and how performed 102. Effect of 102. Orphans' lands, how processioned 305.

PROCLAMATION,

Not to contravene a law 108. Of king Charles II, authorising a free pardon to all but Bacon 423, 428.

PROPOSITIONS,

To the assembly 201, 202, 203, 204, 205.

PROVISIONS,

Exportation of, to be free 21. What to be laid in from England here 129.

PUBLIC CLAIMS,

To be first passed by county courts 405. How proved 421. Certain public claims for the expenses of the Indian war, referred to the assembly 422. Postponed 456.

PUBLIC LETTERS,

How conveyed 108.

PUBLIC REVENUE,

Act for 466. Subjects of, 466, 467.

QUAKERS

Fined for not attending church 48. For meeting 48. Those able, to pay for insolvents 48, 181. Penalty for meeting for

religious worship 180. On masters of vessels for bringing them in 181. On inhabitants for entertaining them 182. On officers for neglecting to execute the law 182. Power of justices 182. Fines, how applied 183. Quakers, on giving security not to assemble, released, 183. A member expelled for being loving to 198.

QUARTER COURTS,

Changed to general courts 58.

QUIT-RENTS

Payable in tobacco at 2d per lb. 31, 99. How collected 83.

RAPPAHANNOCK,

Indians 152. Bridge over swamp 156. Grant of land at falls of, to major Lawrence Smith, to frontier settlements 448.

RATES

Of commodities during cessation 232. Of ordinary keepers 234, 236, 287.

READERS

To be appointed, in vacant parishes 29, 46.

REBELLION,

Recital of Bacon's 366. Act for the relief of those who suffered during Bacon's 381. Penalty for speaking or writing words, tending to, 385.

RECUSANTS,

Find for not attending church 48.

RECORDS

Of court, how hept 61, 62.

REGISTERS

Of births, deaths and marriages to be kept 54.

RENTS

Of houses for assembly, and governor

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and council to sit in 12, 204.

REPORT

Of the state of the country from 1680 to 1683, pa. 561.

REPRESENTATIVES

To be chosen in each parish, to act with justices in laying the levy 357, B. Same law 396.

RETURNS,

Penalty on sheriffs for not making 78. For false 163. When non est inventus 79.

REVENUE,

Act for public 466. Subjects of 466, 467.

REVISAL

Of the laws, committee appointed for 34. Reasons for the revisal of 1661-2, 41, 42. 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.

RIOTS, &c.

How suppressed 352. B.

RIVERS,

County courts may contract for clearing 455. May order surveyors to clear them 484. Penalty for falling trees into 485.

ROADS.−−See High Ways.

How to be laid out and repaired 103. To be made to each plantation 261.

ROPES,

Certain persons, engaged with Bacon to ask pardon with ropes about their necks 378. The punishment evaded, by wearing small tapes 557.

RULES,

Of proceeding, in house of burgesses 206.

RUM,

Duty on, if not sold at certain places 128. Repealed 212.

RUNAWAYS,

Reward to constables for apprehending 21. English servants running away with negroes 26, 117. Gloucester county permitted to make bye-laws concerning 35. Servants running away 116. How punished 266. To be pursued at public expense 187. Proceedings on 188. Penalty for harboring 239. Further reward, for apprehending, to be paid by the public 273. How reimbursed 274. Rewards reduced 277. Slaves comprehended 277. Servants to have their hair cut 278. Fraudulent claims for rewards, presented to the assembly 283. further regulations concerning 299.

SABBATH.−−See Sunday.

SACRAMENT,

To be administered twice a year 47.

SALT,

Encouragement for making 38, 122. Provision for encreasing the quantity of 186. Free importation of in North'pton 236.

SCIRE FACIAS,

When necessary 88.

SEA STORES,

Four months, to be laid in for a voyage from England here 129.

SEATING,

Of lands, what 244. Not to lapse for want of, on the frontiers, for seven years 297.

SECONDS,

Not to be planted 119. Not merchantable 222.

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SECRETARY,

Thomas Ludwell appointed to succeed William Claiborne 39. To sign orders of court 62. Allowance to, for writs of election 106. his fees 144. Proposition by, for sending writs of election 203. Office of, regulated 210. Penalties Imposed by Bacon for abuses in his office 354, 355. −− Records in his office, to be removed to his own house 404. Deranged state of papers, in his office 509, note.

SECURITY for COST,

To be given by non-residents 105.

SEDITION,

Punishment of 385, 463.

SERVANTS

Order of court prohibiting certain persons from keeping maid servant confirmed 35. Private burials of, prohibited 53. Coming in without indentures, how long to serve 113, 240. Penalty on ministers marrying them without leave of their owners 114. On the servants 114. On free person marrying with 114. Fornication by 115. Hired, rules concerning 115. Running away, how punished 116, 266. Cruelty of masters to, how redressed 117, 118. Punishment for resisting master of owner 118. Servitude for offences abolished 118. Penalty for dealing with 119. Poor, to have sufficient clothing and bedding from England here 129. To have absolute property in goods 164. Women, got with child by their master, to be sold for a term 167. Men, getting bastards 168. Imported, without

indentures, to have their ages adjudged 169, 240. When 297. What women, tithable 170. Not to go abroad without a license 195. Penalty for harboring runaway 239. Runaway, reward for, increased 273. Reduced 277. Running away to have their hair cut 278. How to reimburse for lost time 278. Proceedings with runaway 278, 279. How master may contract with 388. Those under Bacon to be treated as runaways 395, 462. At what age tithable 480. Consigned, and not sold, not to pay taxes 488. Frauds in certain indentures of 488.

SET-OFFS

How allowed, in court 110.

SHEEP,

Exportation of, prohibited 128. Included in act, concerning fences 243.

SHERIFFS,

Sheriffalty to devolve on magistrates in rotation 21, 78. Same law 353, B. Fined for improper conduct, in election of burgesses 33. How chosen 78. To continue in office one year only 78. Same law 353, B. Penalty for not returning writs 78. For false returns 163. To take bail 79, 247. Liable for failure 79, 247. When may have attachment 79, 248. How relieved 79, 248. When may return not found 79. Not to plead as attorney 81. To collect quit-rents 83. To give good security 87. Their fees 146. Fees for arrests 289. No person to hold two of the offices of sheriff, clerk of court, surveyor,

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or escheator at the same time 354, B. Nearly same law 390. The act limiting time for demanding debts, extended to 258, B. Same law 389. May execute process on board vessels 489.

SHIPS

To come up to James City 135. Premium for building 178.

SHOES

Price of 123.

SHOOTING

On others land, prohibiting 96. Exception 96, 97. At entertainments 126.

SILK,

Provision for making 121. Premium for 199. Repealed 242. Revised 272.

SKINS

Exportation of, prohibited 493.

SLANDER,

What words actionable 72. Women guilty of, to be ducked 166.

SLAVES−−See Negroes.

Baptism does not alter their condition 240. Killed in resisting their master or overseer, during correction, no felony 270. Comprehended in the act about runaways 277. Who may be 283, 491. ======

Indians taken in war 346, B. Same law 404, 440. Indians sold by neighbouring Indians 491.

SMITH, LAWRENCE

Grant of land to, at falls of Rapahannock for the purpose of forming a frontier settlement 448 &c. Conditions and privileges 451, &c.

SMITHS,

Their accounts to be regulated by county courts 11.

SOLDIERS

To be raised in each county 499. Pay of officers and men 500.

SPEAKER,

Compensation to 38.

SPECIAL COURTS

For merchants, and maritime causes 73.

STAFFORD,

County of, 229, 250.

STAPLE COMMODITIES,

Encouragement of 120, 121. Repealed 242. Revived as to silk 272.

STATE-HOUSE,

Governor requested to contract for building 13. To press ten men of the ordinary sort for building 13. Subscriptions for building 38. Propositions for 204, 205. Burnt, during Bacon's war, where to be rebuilt 405.

STATISTICAL,

Account of Virginia in 1671, 511 to 518.

STEELYARDS.

See weights and measures.

STINT.−−See Tobacco.

In planting tobac. 190, 200, 209, 221, 224, 228, 229, 232; 251, 252.

STITH, JOHN

Disabled from holding office 364, B.

STOCKS,

To be erected at each courthouse 75.

STRANGERS,

No recovery for entertainment of, without express agreement 192. Residing with inhabitants, account to be given of 405.

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STRAYS.−−See Estrays.

SUBPOENAS

When and how to issue 67, 69.

SUGAR,

Duty on, if not sold at certain places 128. Repealed 212.

SUITORS,

Privileged from arrests 213.

SUNKEN GROUNDS,

How taken up 300.

SUMPTUARY LAW 18.

SUNDAY,

To be kept holy 48. No work to be done on, except in cases of necessity 48. Preaching on 48. Quakers and recusants, fined, for not attending church on 48. No arrest on 86.

SUPERSEDEAS,

By whom and how granted 76. Damages on 76.

SURPLUS,

Of decedent's estates, where no kin 92.

SURVEYORS,

Of lands their fees 99, 235. Duties 99, 235. When to deliver plats 100. Of highways, how appointed, their duty, &c. 103.

SWAMPS,

How taken up 300.

TAN-HOUSES,

To be erected in each county, 123. Price of hides and shoes 123.

TAVERNS.−−See Ordinaries.

TAXATION,

Right of the colony to be exempted from, except by their own consent, insisted on 528, 535, 540.

TAXES,

May be laid by governor and council, to save the expense of calling the assembly 24, 85. To

be first paid 82. Who exempt from 84, 85. Tradesman to pay 179. Proposition for laying upon land, & not on the poll 204. Burgesses insist on their exclusive privilege to lay 254. Negro women emancipated liable to 267. For 1674, 325. Act for public 507.

TIPPLING-HOUSES,

Restrained 268, 269.

TITHABLES,

Lists of, how taken 19, 83, 296. Penalty for concealing 84. Additional penalty 187. When & where returnable 84. What persons tithable 84, 170, 296. Who exempted 84. Lists of, to be published 280. Clerks of county courts bound to furnish lists of 403. Penalty on sheriffs and collectors for concealing money collected from 412. When negro children tithable 479. Indian women servants 492.

TITLES

Of lands confirmed 245.

TOBACCO.

No tobacco to be planted after the last of June, provided that Maryland accedes 32. King's pardon held not to extend to breach of the act for planting 36. Debts for, when to be demanded 104. Extended to public debts 358, B. Same law 389. Weight of hogshead of 106. None to be planted after 10th July 119. No seconds or slips to be cultivated 119. Size of hogshead 125. Imposition of two shillings a hogshead 130, 176, 466. How paid 283. On

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every 500lbs. bulk tobacco 413, 466. Duty on, in Northumberland and Westmoreland how collected 132. Repealed 443. Duty of ten shillings a hogshead 133. New England vessels, exempted from 218. How paid 186. Judgments alone rendered in, or money 190. Propositions for a stint or cessation of planting 190. Conference with commissioners from Maryland on the subject 200. Liberty to plant, Maryland not acceding to a cessation 209. Reasons for lessening quantity 221. Debts payable in certain other commodities 222. Seconds or slips, not merchantable 222. Act for a cessation in planting 224. Repealed 228. Re-enacted 229. Tenders of, in payment how to be made 226. Debts paid in certain commodities during cessation 232. Regulations as to duty in Lower Norfolk 241. Letters to governors of Maryland and North Carolina on subject of cessation 251, 252. Pasport to commissioners 250. Of Maryland growth, free from duty 259. Creditor receiving and marking, compelled to admit, in payment 268. Masters of vessels to give bond for payment of duty on 297. Duties on, taken by the enemy, remitted 309. Allowance for cask in certain levies 422, 480. Inhabitants of Potomack and Eastern Shore placed on same footing as others in relation to 443. Importation of, prohibited 445.

To be carried to certain towns 474. Storage of 475. Encouragement to carry it to the towns 476. None to be shipt before a certain period 477. Restriction to continue 2 years 477. Plant-cutting 562.

TOLL,

What, millers may take 286.

TOWN,

Act for building, prices of labor and materials, and various regulations concerning 172, 173, 174, 175, 176.

TOWNS

To be built in each county 471. On how much land 472. Where situated 472, 473. Price of land 473. Encouragement to build 474, 476. All tobacco & other produce to be carried to 474. Goods, servants and negroes imported to be sold at only 475. Act for building suspended by the king 508.

TRADE−−See Free Trade.

Towns to be built for encouragment of 471 to 478. Free with friendly Indians 410, 480.

TRADESMEN,

Encouragment of, to build towns 474, 476.

TREASON,

Nathaniel Bacon the younger, and certain persons attainted of, for adhering to him 375, 376, 461.

TRESPASS−−See Fences.

UNNECESSARY COMMODITIES,

Importation of, prohibited 18.

VAGRANTS,

How dealt with 298.

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INDEX.

VESSELS,

Encouragement for building 122, 178. Repealed 242. To come up to James City 135. Premiums paid for building 204. Sheriffs may execute process on board 489.

VESTRY,

Number of 25, 44. How chosen 25, 44. To agree with ministers 29. Vacancies, how supplied 45. How qualified 45. Duration of their office limited 356, B.

VIRGINIA,

Statistical account of, in 1671, 511 to 518. State of country from 1680 to 1683, pa. 561.

VIRGINIAN OWNERS,

Exempted from duty 134, 272. Who deemed 135, 136.

WAGES,

Of burgesses 23, 106. ascertained 309, 325, 398. Of burgesses to be reduced 426.

WAR,

Against the Indians in 1675, 326. Various regulations concerning 326, &c. Articles of war 333, 334, 335, 336.

WARRANTS,

Of justices, on hue and cry, or concerning runaways, to be obeyed in all counties 282.

WASTE,

Prevented by the sheriff 563.

WATER MARK,

All patents extend to low 456.

WEAVERS,

To be provided in each county 238.

WEIGHTS AND MEASURES,

To conform to act of parliament 89. To be provided at charge of county 89. Where kept 89.

Penalty for selling by others 90. On justices for not providing 90. To be provided by millers 127.

WEROWANCES,

Chief men among Indians 193. To be appointed by the governor 219.

WHEAT, ENGLISH

To be sown 123.

WHIPPING-POST,

To be erected at each courthouse 75.

WICCOCOMICO,

Indians, sale of their lands to col. Mathew, how titles secured to his heir 14.

WITNESSES,

Allowance to, for attendance 23, 69, 315. Fines for non-attendance 23, 69. But three to an action 24. Or fact 69. When subpœnas may issue for; when their depositions may be taken 67. Compelled to give their evidence on oath 167. Privileged from arrests 213, 503. Compellable to answer upon oath, but not to swear against themselves, in penal cases 422.

WOLVES,

Reward for killing 87. Duty on horses to defray the expense of 178. Repealed 215. Act rewarding Indians, repealed 236. Revived with various amendments, 274. Again repealed 282. County courts to make bye-laws concerning 236. County courts to make allowances for 360, B. Same law 396.

WOOL,

Premium for woolen cloth 121. Repealed 242. Exportation of