port, by certi ficate, goods from one market to another. After eight months from arrival of goods, they may be sold any where. transport any of their goods from one markett to another within this collony. Provided also, that after 8 months tyme of the arrivall and first landing of all goods and merchandizes they may be sold and vended at any other place or pla ces not within the circuit of the said marketts and shall not incurr the penalty of forestallers or any other provided by this act. AT A GRAND ASSEMBLY HELD AT JAMES CITTY BY PROROGATION FROM THE 10TH OF MARCH, 1655, TO THIS INSTANT, FIRST OF DECEMBER, 1656, WHEREIN WAS INACTED AS FOLLOWETH. FIRST in respect of divers members being some dead, some chosen sherriffs, these vnderwritten were elected, admitted and according to order have subscribed. Lancaster County. Sr. Henry Chichley, Kn't. Henrico County. Major Wm. Harris. Isle of Wight County. Mr. Job. Beazley. Gloucester County. Nansemund County. Capt. Edward Stretter, Lower Norfolke. Capt. Richard foster. Elizabeth Citty. Mr. Peter Ashton. ACT I. Former law No Indian to be killed unless committing an act be felony in an English which would man. two witnesses. WHEREAS there is an act that makes killing of Indians lawfull that are taken comitting trespasse or other harm, And the oath of the party that kills them to be evidence sufficient for proofe of the said trespasse or harme, This Grand Assembly conceiveing the words to be of too great a latitude, The crimes if proved of too meane a nature to deserve the punishment of the greatest, And the evidence too weake being but one, And not to be allowed being a party, The said Grand Assembly haveing a sad apprehension of the small account hath been of late made of shedding Indians' blood, though never so innocent, whereby we may probably be involved in a warr for vs and our posterity, And expect a success answerable to the injustice of our beginning if no act be made for the future to prevent this wanton and vnnecessary shedding of blood, Therefore be it enacted that the aforementioned act be repealed, And that no Indians that are in our protection be killed, not comitting what would be felony in an Englishman, And that two oathes at least The felony to must be evidence of the said felony, or the said felony be proved by sufficiently by the act proved, And in case of trespasse In case of or harme, the Indian committing it if taken to be cor- trespass the rected, but not to death or maimeing. And the tres- Indian to be passe to be viewed and valued by two sufficient men, satisfaction to And satisfaction to be required of the King or great be demanded And to prevent the frequency of those mischiefs, of the king. Be it enacted that no Indian come within our fenced plantations without a tickett from some person to be nominated on the head of each river where the Indians live. And it shall be then lawful for all Indians in amity to repaire to the house of that party comeing without armes, or haveing his tickett, they may fowl, fish or gather the wild fruits without hinderance of any, fish or gather Provided it be not within any fenced plantation, And wild fruits. that it shall be lawfull for any ffreeman to repair to the said houses or Indian marts and to truck with the All free men said Indians for any comodities not prohi ited by the laws of this country, And of all debates arising in their bartering the first in comission in that place to be judge and to distribute equall justice to them both, And his order in the busines to be of force both to the English & Indian, And all acts for the killing of Indi man. corrected & No Indians to come within fenced plan tations with out a ticket, but coming without arms may fowl, may trade dians. with the In In case of disputes the first in com mission to de termine, ans to be hereby repealed, Provided they keep withbut the bounds forbidden by the articles of peace with them. If executors lify, the estate of the dece ACT II.* CONCERNING orphans estates, Be it from hence refuse to qua- forth enacted, That all wills and testaments be firme and inviolable, but in case the executors or overseers refuse to execute their trust, then the estates dismanaged as in posed of by will to be liable to such rules as are laid case of intes down for the management of estates of persons intes dent to be tacy. Orphans to be tate. educated on the interest of their estates; but if too purpose the orphans to be bound out, unless some friend will That noe accounts be allowed on orphans estates, but they to be educated vpon the interest of the estate, small for that if it will beare it, according to the proportion of their estate, But if the estate be so meane and inconsiderable that it will not reach to a free education then that orphan be bound to some manuall trade till one and twenty yeares of age, except some ffriends or relations be willing to keep them with the increase of that small principal estate, without diminution of the principall, which wheto remain un- ther greate or small allways to returne to the orphans impaired. Caule, horses at the yeares appointed by law. keep them on the interest. & sheep to be returned in kind, according to age and number That all cattell, horses and sheep be returned in kind by the guardians, according to age and number, whereat he received them, as all household stuff, lumber and by the guardi- the like to be prized in money, And by the guardians te be paid in the country comodity (whatsoever it shall be) to the orphans as it is then currant in the country praised value, and in the perticular place where the orphan's estate is managed. an to his ward. Household stuff, by ap payable in country pro duce. Courts to take sufficient security for orphans' es tates & to ex amine into it yearly-to change it if necessary. That the court take able and sufficient security for orphans estates, and enquire yearly of the security, & if the court sees cause, to have it changed or called in and placed as the court shall think best, The said court also to enquire whether orphans be kept and maintain * The different sections of this act are numbered in the margin of the Rand. MS. to 8 inclusive, in the same manner as the acts themselves; then follow the numbers of the acts in their progressive order, as inserted in this collection. ed and educated according as their estates will beare, And if they find any notorious defect to remove the orphans to other guardians, As also for those that are bound apprentices to change their master if he vse them rigourously or neglect to teach them his trade. That such orphans as are not bound apprentices shall after seaventeen yeares of age have the produce of their owne labours and industry and to dispose of as they list, besides the maintenance from their guardians, Allwaies provided that nothing be infringed. years of age. Commissions allowed to That no more be allowed to guardians for collecting of debts due to the estate then what is allowed vsually guardians. by merchants to their factors or attorneys, or rather that so much in the hundred be appointed as shall seem reasonable to the courts. That thirty pounds of tobacco per day and no more Allowance to be allowed to each apprizer for the apprizement of all appraisers of estates if they will take it. That there be a regulation of excessive ffuneral charges by the comissioners where nothing is mentioned concerning them in the decedents will, ACT III. BE it enacted from henceforth that all money debts made in the colony shall be pleadable except only such as were made in time of a former prohibition of money debts being pleadable (vizt.) from the 26th day of March A'o. 1643, to the tenth of October, A'o. 1649. As also all money debts which are or shall be made in England for goods imported into this collony but not otherwise. estates. Funeral charges not to he excessive. ACT IV. Against Fraudulent Deeds.* WHEREAS by the 15th act in March, and also by the 15th of the 30th of Aprill, 1642, No estate in 1652, lands, goods *Act IV is the first act of this session inserted in the Jef. MS. the three preceding acts being said to be wauting in the journal. But they are here given entire as taken from the Rand. MS. or chattels to pass over unless by con vernor and council or It hath bin provided that no person or persons should veyance, to be passe over by conveyance or otherwise any part of his acknowledged estate whereby his creditors not haveing knowledge before the go- thereof, might be defrauded of their just debts vnles such conveyance were first acknowledged before the Governour and Council or at the monthly courts and there registered in a booke for that purpose within six months after such alienation, This Assembly hereby confirmeth the aforesaid acts, And further explaineth them that no part of any estate whether in lands, goods, or chattells shall be made over otherwise then as aforesaid is expressed. co'ty. court & registered within six months. A reward of £20 sterling for importing a minister. (Rand. MS. Jef. MS.) ACT V. Concerning Ministers Imported.* WHEREAS many congregations in this collony are destitute of ministers whereby religion and devotion cannot but suffer much impairment and decay, which want of the destitute congregations ought to be supplied by all meanes possible to be vsed, As also to invite and encourage ministers to repaire hither and merchants to bring them in, Bee it therefore hereby enacted for the reasons aforesaid, that what person or persons soever shall at his or their proper cost and charge transport a sufficient minister into this collony without agreement made with him shall receive for satisfaction of his or their said charges of him the said minister or they that shall entertaine him for their minister, twenty pound sterling by bill of exchange or two thousand pounds of tobacco, and also for what money shall be disbursed for them besides their transportation to be allowed for. (Rand. MS. Jef. MS.) *The titles of this, and the succeeding act are inserted in the Jef. MS. but not in the Rand. MS. though the acts are the same in both MSS. |