The first legislation on the slavery question in the colony of Delaware was had in 1721. "_An Act for the trial of Negroes_" provided that two justices and six freeholders should have full power to try "negro and mulatto slaves" for heinous offences. In case slaves were executed, the Assembly paid the owner two-thirds the value of such slave. It forbade convocations of slaves, and made it a misdemeanor to carry arms. During the same year an Act was passed punishing adultery and fornication. In case of children of a white woman by a slave, the county court bound them out until they were thirty-one years of age. In 1739 the Legislature passed an Act for the better regulation of servants and slaves, consisting of sixteen articles. It provided that no indentured servant should be sold into another government without the approval of at least one justice. Such servant could not be assigned over except before a justice. If a person manumitted a slave, good security was required: if he failed to do this, the manumission was of no avail. If free Negroes did not care for their children, they were liable to be bound out. In 1767 the Legislature passed another Act restraining manumission. It recites:-- "SECTION 2. _And be it enacted by the honorable John Penn, esq. with his Majesty's royal approbation, Lieutenant Governor and Commander in Chief of the counties of New-Castle, Kent and Sussex, upon Delaware, and province of Pennsylvania, under the honorable Thomas Penn and Richard Penn, esquires, true and absolute proprietaries of the said counties and province, by and with the advice and consent of the Representatives of the freemen of the said counties, in General Assembly met, and by the authority of the same_, That if any master or mistress shall, by will or otherwise, discharge or set free any Mulatto or Negro slave or slaves; he or she, or his or her executors or administrators, at the next respective County Court of Quarter Sessions, shall enter into a recognizance with sufficient sureties, to be taken in the name of the Treasurer of the said county for the time being, in the sum of Sixty Pounds for each slave so set free, to indemnify the county from any charge they or any of them may be unto the same, in case of such Negro or Mulattoe's being sick, or otherwise rendered incapable to support him or herself; and that until such recognizance be given, no such Negro or Mulatto shall be deemed free."[434]