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port, by certi- transport any of their goods from one markett to anoficate, goods
ther within this collony. from one market to another. Alter eight
Provided also, that after 8 months tyme of the arrimonths from vall and first landing of all goods and merchandizes arrival of goods, they
they may be sold and vended at any other place or pla. may be sold ces not within the circuit of the said marketts and shall any where.
not incurr the penalty of forestallers or any other provided by this act.
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. Nansemund County.
Capt. Edward Stretter,
Mr. John Wilcox.
Capt. Richard ffoster.
Mr. Peter Ashton.
WHEREAS there is an act that makes killing of Former law Indians law full that are taken comitting trespasse or lawfuli to kill other harm, And the oath of the party that kills an Indian them to be evidence sufficient for proofe of the said committing a trespasse or harme, This Grand Assembly conceive- trespass, re
peale. ing 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 be. ing 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 pos- No Indian to terity, And expect a success answerable to the injus- be killed untice of our beginning if no act be made for the future less committo prevent this wanton and vnnecessary shedding of ting an act blood, Therefore be it enacted that the aforementioned be felony in act be repealed, And that no Indians that are in our an Englishprotection be killed, not comitting what would be fe- man. lony 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 toy sufficiently by the act proved, Aod in case of trespasse lo 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
corrected & 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 No Indians to plantations without a tickett from some person to be come within nominated on the head of each river where the Indians fenced planlive. And it shall be then lawfull for all Indians in out a ticket, amity to repaire to the house of that party comeing with- but coming
without arins out armes, or haveing his tickett, they may fowl, fish
may fowl, 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 way trade laws of this country, And of all debates arising in their dians. bartering the first in comission in that place to be in case of judge and to distribute equall justice to them both, disputes the And his order in the busines to be of force both to the first in com.
mission to de English & Indian, And all acts for the killing of Indi- termine,
ans to be hereby repealed, Provided they keep without the bounds forbidden by the articles of peace with them,
If executors CONCERNING orphans estates, Be it from hencerefuse to qua: forth enacted, That all wills and testaments be firme lify, the estate of the dece.
and inviolable, but in case the executors or overseers dent to be refuse to execute their trust, then the estates dismanaged as in posed of by will to be liable to such rules as are laid tacy
down for the management of estates of persons intes Orphans to be tate. educated on the interest of
That noe accounts be allowed on orphans estates, their 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 purpose the
estate, But if the estate be so meane and inconsideraorphans to be bound out,
ble that it will not reach to a free education then that unless some orphan be bound to some manuall trade till one and friend will keep them on
twenty yeares of age, except some ffriends or relations the interest.
be willing to keep them with the increase of that small The principal estate, without diminution of the principall, which wheto remain un- ther greate or small allways to returne to the orphans Caitle, horses at the yeares appointed by law. & sheep to be returned in
That all cattell, horses and sheep be returned in kind kind, accord. ing to age
by the guardians, according to age and number, whereand number at he received them, as all household stuff, lumber and by the guardi. the like to be prized in money, And by the guardians an to his ward. Household te be paid in the country comodity (whatsoever it shall stuff, by ar- be) to the orphans as it is then currant in the country praised value, and in the perticular place where the orphan's estate payable in country pro
is managed. duce.
Courts to That the court take able and sufficient security for take sufficient security for
orphans estates, and enquire yearly of the security, & orphans' es if the court sees cause, to bave it changed or called in tates de to ex and placed as the court shall think best, The said court amine into it yearly-to
also to enquire whether orphans bekept and maintainchange it if necessary. * 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; the follow the numbers of the acts in their progressive order, as inserted in this collection.
ed and educated according as their estates will beare, Their general And if they find any notorious defect to remove the
power & duty
as to guar phans to other guardians, As also for those that are dians, orphans bound apprentices to change their master if he vse them and apprentirigourously or neglect to teach them his trade.
That such orphans as are not bound apprentices shall Orphans not after seaventeen yeares of age have the produce of their tices to have owne labours and industry and to dispose of as they product of Jist, besides the maintenance from their guardians, bour after 17 Allwaies provided that nothing be infringed.
years of age. That no more be allowed to guardians for collecting Commissions 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 fiuneral char- Funeral ges by the comissioners where nothing is mentioned he excessive. concerning them in the decedents will,
BE it enacted from henceforth that all money debts
All money made in the colony shall be pleadable except only such able except as were made in time of a former prohibition of money those contract debts being pleadable (vizt.) from the 26th day of ed between
1643 & 1649, March A’o. 1643, to the tenth of October, A’o. 1649. during a forAs also all money debts which are or shall be made in mer prohibiEngland for goods imported into this collony but not Otherwise.
ACT IV. Against Fraudulent Deeds.* WHEREAS by the 15th act in March, 1642, No estate in and also by the 15th of the 30th of Aprill, 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.
to pass over It hath bin provided that no person or persons should
any part of his
such conveyance were first acknowledged before the
months after such alienation, This Assembly hereby
(Rand. MS. Jef. MS.)
A reward of £ 20 sterling for importing a minister.
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 agreemevt 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,