Hi, again, Ms. Libbie and Ms. Jane.  Since your questions relate, each to the other, I will speak to both.  As always, I suggest that you be very leery of ANY generalizations as to law and the powers of the early courts and parishes; their powers and the overlaps of such were neither well defined nor consistently applied.  

To answer, it is necessary to speak to the background of those age markers.  

The parish vestries of the 17th- and early 18th-centuries consisted of 12 prominent citizens of every parish.  Such men comprised what was in every sense elected government (and incidentally, very much contributed to the independence thoughts of our Patriot Fathers).  As such, the parishes had wide authority over the parish levies (taxes), in matters of many misdemeanors and virtually all morality of the citizenry, and - of course - handled the administration of the business of the church.  Decisions were appealable on the merits to the Colonial Council, and where there were questions about the jurisdiction in any matter, the county court decided those disputes that could not be resolved at the parish level.  So, while felonies were reserved to the county courts, much of what today we would consider the daily affairs of courts/law were conducted and decided by those parish vestrymen.

In administering church business, it was necessary to avoid all expenses possible, since there was very little money for such as keeping of the poor and widowed, orphaned children, and bastards.  So it was that many of working age were bound out to parishioners who needed the help and could afford another person in the household.  Children were often bound out for long terms of years, and though the articles of indenture usually provided that the servitude ended at age 21, that was not a hard and fast rule. Indeed, even mature fathers of indigent children were at times seized and bound out for terms of years (Accomac and York County Records).  Then too, one mother of an illegitimate child was sold for terms of years to the highest bidder.  The references concerning terms and reasons for bondage are to be found in every vestry book and county courts' orders that yet exist.  In particular, see Bruce, "Institutional History of VA in the 17th Century" (G. P. Putnam Sons, NY and London, 1910) vol. 1, pp. 79 et. seq., and A. E. Smith, "Colonists in Bondage" (Norton & Co., NY, 1971) Index generally.   

In short, while achievement of the age of 21 usually marked the end of bondage, that very often was NOT the case.  Hope this helps.   Paul         



          
  ----- Original Message ----- 
  From: Libbie 
  To: [log in to unmask] 
  Sent: Saturday, April 03, 2004 5:35 AM
  Subject: Being bound out by the court


  Paul,
  I was very interested in your message about people being bound out by the
  courts.  It's always been my understanding that white children were bound
  out until they were 21, and that black or mixed race children ONLY were
  bound until age 30.  It's been a way I've used to determine the race of the
  child.  Have I been mistaken? Or were different practices used at different
  times?

  Libbie Griffin

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