port, by certificate, 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 ano-
ther within this collony.

Provided also, that after 8 months tyme of the arri vall and first landing of all goods and merchandizes they may be sold and vended at any other place or places not within the circuit of the said marketts and shall not incurr the penalty of forestallers or any other provided by this act.

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.

AT A

ACT I.

WHEREAS there is an act that makes killing of Indians lawful 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future to prevent this wanton and vnnecessary shedding of blood, Therefore be it enacted that the aforementioned act be repealed, And that no Indians that are in our protection be killed, not comitting what would be felony in an Englishman, And that two oathes at least must be evidence of the said felony, or the said felony sufficiently by the act proved, And in case of trespasse or harme, the Indian committing it if taken to be corrected, but not to death or maimeing. And the trespasse to be viewed and valued by two sufficient men, And satisfaction to be required of the King or great And to prevent the frequency of those mischiefs, 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 lawfull 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, Provided it be not within any fenced plantation, And 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

man.

with the In

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-

may trade
dians.
In case of
disputes the
first in com-

mission to de

termine,

Former law
lawfull to kill
making it
an Indian
committing a
trespass, re-

peale.

No Indian to be killed unless committing an act

which would

an English

man.

The felony to be proved by

two witnesses.

In case of

trespass the

Indian to be corrected &

Ind

satisfaction to be demanded of the king.

No Indians to come within fenced plan

tations with

out a ticket, but coming

without arms
may fowl,
fish or gather
wild fruits.

ACT II.*

If executors

CONCERNING orphans estates, Be it from hence

lify, the estate of the dece

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 disposed of by will to be liable to such rules as are laid down for the management of estates of persons intes

dent to be
managed as in
case of intes-

tacy.
Orphans to be tate.

educated on

ans to be hereby repealed, Provided they keep without the bounds forbidden by the articles of peace with them.

the interest of

their estates; but if too

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

purpose the orphans to be bound out,

unless some friend will keep them on the interest.

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 The 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.

& sheep to be returned in kind, accord

ing to age and number

by the guardi

an to his ward. Household

stuff, by ap praised value,

payable in country pro

duce.

Courts to take sufficient security for orphans' es

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 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 and in the perticular place where the orphan's estate is managed.

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 tates & to ex- and placed as the court shall think best, The said court

also to enquire whether orphans be kept and maintain

amine into it yearly-to change 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; then follow the numbers of the acts in their progressive order, as inserted in this collection.

or

ed and educated according as their estates will beare, And if they find any notorious defect to remove the phans 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.

That there be a regulation of excessive funeral charges by the comissioners where nothing is mentioned concerning them in the decedents will,

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.

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 btherwise.

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.

estates.

ACT IV.

Against Fraudulent Deeds.*

WHEREAS by the 15th act in March, and also by the 15th of the 30th of Aprill,

1642,
1652,

Their general power & duty as to guar

dians, orphans and apprenti

ces.

*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.

Orphans not bound apprentices to have product of

their own la

bour after 17

years of age.

Funeral charges not to

be excessive.

All money debts recoverable except

those contract. ed between

1643 & 1649, during a former prohibi

tion.

No estate in lands, goods

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.

(Rand. MS. Jef. MS.)

A reward of £20 sterling for importing a minister.

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.