Immigrant Servants Database
Colonial Laws
Colonial Laws
Each colonial government had power to create laws regulating indentured servitude. Knowledge of the laws will help researchers correctly interpret historical documents about these individuals.
Virginia
(These laws are taken from Hening’s Statutes at Large, which is available online.)
Laws that produced litigation in county courts containing genealogical data:
- Servants’ ages 1642/43, 1654/55, 1657/58, 1659/60, 1661/62 , 1662, 1666, 1680, 1705, 1705
- Servants’ marriages 1642/43, 1657/58, 1657/58, 1661/62, 1691, 1691, 1705
- Servants’ deaths 1661/62, 1662, 1662
- Servants’ illegitimate children 1657/58, 1661/62, 1691, 1691, 1705, 1705
- Servants’ years of immigration 1662
Secret Marriages
- Punishment on servants marrying without leave of their masters
- Also for committing fornication
WHEREAS many great abuses & much detriment have been found to arise both against the law of God and likewise to the service of manye masters of families in the collony occasioned through secret marriages of servants, their masters and mistresses being not any ways made privy thereto, as also by committing of fornication, for preventing the like abuses hereafter, Be it enacted and confirmed by this Grand Assembly that what man servant soever hath since January 1640 or hereafter shall secretly marry with any mayd or woman servant without the consent of her master or mistres if she be a widow, he or they so offending shall n the first place serve out his or their tyme or tymes with his or their masters or mistresses, and after shall serve his or their master or mistress one compleat year more for such offence committed, And the mayd or woman servant so marrying without consent as aforesaid shall for such her offence double the tyme of service with her master and mistress, And a ffreeman so offending shall give satisfaction to the master or mistress by doubling the value of the service and pay a ffine of five hundred pounds of tobacco to the parish where such offence shall be comitted, And it is also further enacted and confirmed by the authority of this Grand Assembly that if any man servant shall comit the act of fornication with any mayd or woman servant, he shall for his offence, besides the punishment by the law appointed in like cases, give satisfaction for the losse of her service, by one whole year’s service, when he shall be free from his master according to his indentures, And if it so fall out that a freeman offend, as formerly he shall be compelled to make satisfaction to the master or mistris of the said woman servant by his service for one compleat year, or otherwise give forthwith such valuable consideration as the comissioners in their discretion shall think fitt. (Act XX, Hening’s Statutes, I:252-253.)
March 1642/43 (18 Charles I)
Runaway Servants
- Penalty for harbouring or dealing with a runaway servant or hireling
WHEREAS complaints are at every quarter court exhibitted against divers persons who entertain and enter into covenants with runaway servants and freemen who have formerly hired themselves to others to the great prejudice if not the vtter vndoing of divers poor men, thereby also encourageing servants to runn from their masters and obscure themselves in some remote plantations, Vpon consideration had for the future preventing of the like injurious and vnjust dealings, Be it enacted and confirmed that what person or persons soever shall entertain any person as hireling, or sharer or vpon any other conditions for one whole yeare without certificate from the commander or any one commissioner of the place, that he or she is free from any ingagement of service, The person so hireing without such certificate as aforesaid, shall for every night that he or she entertaineth any servant either as hireling or otherwise, fforfeit to the master or mistris of the said servant twenty pounds of tobacco, And for evrie freeman which he or she entertaineth (formerly hired by another) for a year as aforesaid, he or she shall forfeit to the party who had first hired him twenty pounds of tobacco for every night deteyned. And for everie freeman which he or she entertaineth (though he hath not formerly hired himselfe to another) without certificate as aforesaid, And in all these cases the party hired shall receive such censure and punishment as shall be thought fitt by the Governor and Counsell: Allways provided that if any such runnaway servants or hired freemen shall produce a certificate, wherein it appears that they are freed form their former masters service or from any such ingagement respectively, if afterwards it shall be proved that the said certificates are counterfeit then the retayner not to suffer according to the penalty of this act, But such punishment shall be inflicted vpon the forger and procurer thereof as the Governor and Council shall think fitt. (Act XXI, Hening’s Statutes, I:253-254.)
March 1642/43 (18 Charles I)
Runaway servants; ill usage of master; Felony to carry powder, &c. to the Indians
- Runaway servants, how punished
- For a second offence to be branded on the cheek with the letter R
- Proviso in case of ill usage of master
- Felony to carry powder, &c. to the Indians
WHEREAS there are divers loitering runaways in the colony who very often absent themselves from their masters service, And sometimes in two or three monthes cannot be found, whereby their said masters are at great charge in finding them, And many times even to the losse of their year’s labour before they be had, Be it therefore enacted and confirmed that all runaways that shall absent themselves from their said masters service shall be liable to make satisfaction by service at the end of their tymes by indenture (vizt.) double the tyme of service soe neglected, And in some cases more if the commissioners for the place appointed shall find it requisite and convenient. And if such runaways shall be found to transgresse the second time or oftener (if it shall be duely proved against them) that then they shall be branded in the cheek with the letter R. and passe vnder the statute of incorrigible rogues. Provided notwithstanding that where any servants shall have just cause of complaint against their masters or mistrises by harsh or vnchristianlike vsage or otherways for want of diet, or convenient necessaryes that then it shall be lawfull for any such servant or servants to repaire to the next commissioner to make his or their complaint, And if the said commissioner shall find by good and sufficient proofes, that the said servant’s cause of complaint is just, The said commissioner is hereby required to give order for the warning of any such master or mistris before the commissioners in their seuerall county courts, where the matter in difference shall be decided as they in their discretions shall think fitt, And that care be had that no such servant or servants be misvsed by their masters or mistrises, where they shall find the cause of complaint to be just. Be it further also enacted that if any servant running away as aforesaid shall carrie either piece, powder and shott, And leave either all or any of them with the Indians, And being thereof lawfully convicted shall suffer death as in case of ffelony. (Act XXII, Hening’s Statutes, I:254-255.)
Servants brought in without indentures, how long to serve
- Servants brought in without indentures, how long to serve
WHEREAS divers controversies have risen between masters and servants being brought into the colony without indentures or covenants to testifie their agreements whereby both masters and servants have been often prejudiced, Be it therefore enacted and confirmed for prevention of future controversies of the like nature, that such servants as shall be imported having no indentures or covenants either men or women if they be above twenty year old to serve fowre year, if they shall be above twelve and vnder twenty to serve five years, And if under twelve to serve seaven years. (Act XXVI, Hening’s Statutes, I:257.)
March 1642/43 (18 Charles I)
Servitude for offences abolished
- Servitude for offences abolished
BE it also enacted that no person or persons whatsoever for any offence already committed or to be committed shall be hereafter adjudged to serve the collony. (Act XXIX, Hening’s Statutes, I:259.)
March 1654/55 (6 Commonwealth)
Concerning Indians and Indian Servants
- Indians not to be killed within the English bounds unless doing mischief
- No Indians to be entertained without licence from the co’ty, court or 2 justices of the peace
- Indian children, by leave of their parents, may be taken as servants, but must be educated and bro’t up in the Christian religion
FFOR the better securing the peace both of English and Indians, Bee it inacted, That no Indian or Indians comeing within our lands or bounds shall be killed vnles they the said Indians shall be taken in any act or acts of mischeife:
And be it further inacted that noe person or persons shall entertayne or receive any Indians without leave first obteined from the countye court where such occasion shall be offered, or at leastwise from two comissioners whereof one shall be of the quorum; And that all Indian children by leave of their parents shall be taken as servants for such a terme as shall be agreed on by the said parent and master as aforesaid; Provided that due respect and care be had that they the said Indian servants be educated and brought vp in the Christian religion and the covenants for such service or services to be confirmed before two justices of the peace as aforesaid. (Act II, Hening’s Statutes, I:410.)
March 1654/55 (6 Commonwealth)
Irish Servants
- Irish servants bro’t in without indentures, if above 16 years old to serve 6 years; if under 16 to serve till 24
BE it enacted by this Grand Assembly That all Irish servants that from the first of September, 1653, have bin brought into this collony without indenture (notwithstanding the acts for servants without indentures it being only the benefitt of our own nation) shall serve as followeth, (vizt.) all above sixteen yeares old to serve six years, and all vnder to serve till they be twenty-four years old and in case of dispute in that behalfe the court shall be judge of their age. (Act VI, Hening’s Statutes, I:411.) [later repealed]
March 1655/56 (6 Commonwealth)
Headrights
- Upon what evidence and surveys patents to issue for importation rights
WHEREAS it was enacted at an Assembly in June 1642, that if any person or persons whatsoever claiming land as due by importation of servants they or each of them shall prove their title and just right either before the Governor and Counsell or produce certificate from the countie courts to the Secretary’s office before any grant be admitted, And that no patents be made without exact survey produced in the Secretary’s office as aforesaid, Rappahannock River excepted, which is confirmed by this present Grand Assembly. (Act LVIII, Hening’s Statutes, I:274.)
March 1655/56 (6 Commonwealth)
Penalty for Dealing with Other Men’s Servants
- Penalty for dealing with other mens’ servants or apprentices
- Four times the value of the article
WHEREAS at an Assembly in October 1639 in consideration that divers ill disposed persons did secretly and covertly trade and truck with other mens’ servants and apprentices which tended to the great injury of masters of familys, their servants being thereby induced and invited to purloin and imbeazil the goods of their said masters, It was enacted for redresse of the like disorders and abuses thereafter, that what person or persons soever should buy, sell, trade or truck with any servant for any comoditie whatsoever, without lycense or consent of the master of any such servant, he or they so offending against the premises should suffer one month’s imprisonment without bayle or mainprize as also should forfeit and restore to the master of the said servant four times the valew of the thing soe bought, sold or trucked or traded for, which said act to all intents and purposes this present Grand Assembly doth hereby ratifie and confirme. (Act LX, Hening’s Statutes, I:274-275.)
March 1655/56 (6 Commonwealth)
Runaway Servants
- Runaway servants, for second offence, to be branded with the letter R, pass under the statute for an incorrugible rogue, and serve double the time lost
- Penalty for harbouring a runaway servant
BE it enacted by this Grand Assembly that if any runnaway servant offend the second time against the act in march, 1642, concerning runnaway servants that then he shall onely be branded with the letter R: and passe vnder the statute for an incorrigible rogue, but also double his time of service so neglected, and soe likewise double the time that any time afterwards he shall neglect, and in some cases more if the commissioners think fitt: And be it further enacted by the authority aforesaid that he or she that shall lodge or harbour any such runaways shall not only pay 20 lb. of tobacco per night but also 40 lb. of tobacco per day as long as they shall be proved to entertaine them, contrary to an act of Assembly in March, 1642, relateing to hired servants. (Act XI, Hening’s Statutes, I:401.)
March 1657/58 (9 Commonwealth)
Masters of Shipps to provide four monthes Victualls on their Voyage to Virginia
- Passengers to be provided with four months’ provision for a voyage from England to this country
- Poor servants to be provided with sufficient cloaths & bedding
- Penalty
ALL masters of shipps shall bee obliged hereby to provide fower monthes allowance of victualls for passengers at their setting forth from the Downes or other parts of England and to give the passengers sufficient allowance of diett all the voyage, And commanders of shipps repectively to take care that poor servants do not want cloathes and bedding in the voyage, in which particulars aforesaid if any shall offend they shall be liable to grievous censure here according to the merrit of the offence. (Act VIII, Hening’s Statutes, I:435.)
March 1657/58 (9 Commonwealth)
Concerning secret Marriages
- Servants marrying without consent of master or mistress to serve one year after their respective terms
- Free man marrying a servant woman to pay double the value of the extra service
- Man servant committing fornication with a woman servant to serve her owner one year or pay 1500 lb. tobacco, and give security to indemnify the parish against the expenses of the child
- Free man getting a bastard on a servant woman, how punishable
- To give security to maintain the child
- Punishment of the woman
- Fornication generally, how punished
WHEREAS many greate abuses and much detriment hath been found to arise both against the lawe of God and likewise to the service of many masters of ffamilies in this collonie, occasioned through secret marriages of servants, their masters and mistresses not any waies made privie thereunto, As also by comitting of ffornication; for the prevention of the abuses hereafter, Bee it enacted, and confirmed by this Grand Assembly that what servant soever hath since January 1656, or hereafter shall secretly marrie with any maid or woman servant without the consent of her master or mistresse, (if she be a widowe) hee or they soe offending shall in the first place serve out his or their times with his or their said master or mistress, and after shall serve his or their said master or mistresse, one complete yeare more for such offence comited, And the maid or woman servant so marrying without consent as aforesaid shall for such her offence to her master or mistresse serve one year after her freedom by indenture, And a freeman so offending shall give satisfaction to the master or mistresse by doubling the valew of the service.
And it is also further enacted and confirmed by the authoritie of this Grand Assembly that if any mans’ servant shall hereafter comit the act of ffornication with any maid [worne out] appointed in like cases give satisfaction for the loss of her service to her said master or mistresse by his service of one compleat yeare, or pay fifteen hundred pounds of tobacco and give securitie to save harmeless the parish and her said master or mistresse, and defraye all charge of keeping the child, And a freeman so offending shall for his offence pay fifteen hundred pounds of tobacco or one year’s service to the master or mistress of the woman or maid servant of whom hee shall gett a bastard, As also give securitie to save the parish and her said master and mistress harmelesse & defray all charge about keeping the child, And the woman servant so offending to suffer according to lawe, Also be it enacted that every person comitting ffornication shall pay five hundred pounds of tobacco to the vse of the parish where the said act is comitted or be whipt. (Act XIV, Hening’s Statutes, I:438-439.)
March 1657/58 (9 Commonwealth)
Concerning Hireing of Servants
- Penalty for hiring a runaway servant or person formerly hired to another without a certificate that he is free from any engagement
- Party hired, how punished
- Proviso
WHEREAS divers persons do enter into covenant with runnaway servants and freemen who have formerly hired themselves to others, to the great prejudice if not vtter vndoeing of diverse poore men thereby also encourageing servants to runnaway from their masters and absent themselves in some remote plantations, Vpon consideration had for the future preventing of the like injuries and vnjust dealings, Bee it enacted and confirmed that what person or persons soever shall entertaine any person as hireling, or sharer, or vppon anie other condition for any time without certificate from some comissioner of the place or his master that he or she is free from any engagement of service, the person soe hireing without certificate as aforesaid shall for every night that hee or shee entertaineth any servant either as hireling or otherwise forfeit to the master or mistresse of the said servant thirtie pounds of tobacco, and everie free man (by hee or shee entertained) formerly hired by another as aforesaid, hee or shee shall forfeit to the party who had first hired him thirtie pounds of tobacco, and every night as aforesaid, And in all theise cases the partie hired shall receive such censure and punishment as shall bee thought fitt by the court, Allwaies provided that if any such runnaway servants or hired ffreemen, shall produce a certificate wherein it appeares that they are free from their former masters service or from any other engagement respectively, If afterwards it shall be proved that such certificate be counterfeit, then the receiver not to suffer according to the penaltie of this act, but such punishment shall be inflicted vpon the fforger or procureors thereof as the court shall think fitt. (Act XV, Hening’s Statutes, I:439.)
March 1657/58 (9 Commonwealth)
Against Runnaway Servants
- Penalty on runaway servants for the first offence
- For the 2d offence to be branded on the shoulder with the letter R and serve double the time lost
- Penalty for entertaining them
- Remedy for servants complaining of harsh usage, or insufficient food or raiment
- How to proceed
- Power of courts
- No servant to be ill used
WHEREAS there are divers loyteringe runnawaies in this countrey who very often absent themselves from their masters service, and some times in a long time cannot be found, whereby their said masters are at great charge in finding of them, and manie times even to the losse of their yeares labour before they be had Bee it therefore enacted and confirmed, that all runnawayes that shall absent themselves from their said master’s service shall be liable to make satisfaction by service at the end of their times by indenture vizt. double the time of service so neglected and in some cases more if the com’rs. for that place appointed shall find requisite and convenient, And if such runnawaies shall be found so to transgresse the second time or oftner, if it shall be duely proved against them, then they shall be branded in the shoulder with the letter R. and alsoe double their time or service neglected, and likewise double his time if at any time afterwards hee shall neglect, and in some cases more if the court shall think fitt. And be it also further enacted, That he or shee that shall lodge or harbor any runaway shall pay thirtie pounds of tobacco for everie night as long as they shall be proved to entertaine them, contrary to the former act about hireing of servants; And it shall be lawfull for any servant giving notice to his master, having just cause of complaint against their masters by harsh and bad vsage, or else for want of diet or convenient necessaries, to repaire to the next com’r. to make his or their complaint And if the said commissioner shall find by just proofe that the said servants cause of complaint is just, the said com’r. is hereby required to give order for the warneing of the said master or mistresse before the com’rs. In the severall countie courts, where the matter in difference shall be decided, as they in their discretions shall think fitt, and that care be had that no servant or servants be misvsed by their master or mistresse where they shall find the complaint to be just. (Act XVI, Hening’s Statutes, I:440.)
March 1657/58 (9 Commonwealth)
How long Servants without Indentures shall Serve
- Servants imported without indenture, if over 16 years to serve four years; if under 15 to serve till 21; Courts to judge
WHEREAS divers controversies have risen between masters and servants being brought into this collonie without indentures or covenants to testifie their agreements, whereby masters and servants have been often prejudiced, Be it therefore hereby enacted and confirmed for prevention of future controversies of the like nature, That such persons as shall be imported, having no indenture or covenant, either men or women, if they be above sixteen years old shall serve four years, If vnder fifteen to serve till hee or shee shall be one and twenty years of age, and the courts to be judges of their ages. (Act XVIII, Hening’s Statutes, I:441.)
March 1657/58 (9 Commonwealth)
Concerning Grants of Land
- Head rights of land for servants imported, how obtained
- No patents to issue without exact surveys
BEE it hereby enacted that nay person or persons clayming land as due by importation of servants they or each of them shall prove their title or just right, either before the Governour and Councill or produce certificates from the countie courts to the secrettaries office before any grant be admitted, and that no pattents be made without exact survey produced in the secretaries office as aforesaid. (Act XXV, Hening’s Statutes, I:444-445.)
March 1657/58 (9 Commonwealth)
Against Tradeing with Servants
- For trading with another man’s serv’t. 1 month’s imprisonment
- And 4 times the value of the article to be paid
WHEREAS divers ill disposed persons do secretly and covertly trade and truck with other mens’ servants and apprentices which tendeth to the great injurie of masters of ffamilies their servants being thereby induced and invited to purloine and imbezill the goods of their said masters, Bee it therefore enacted for redresse of the like disorders and abuses hereafter that what person or persons shall buy, sell, trade or truck with any servant, for any comoditie whatsoever without lycence or consent of the master of any such servant hee or they so offending against the premises shall suffer one monthes imprisonment without bail or mainprize and also shall forfeite and restore to the master of the said servant fower times the value of the things so bought, sold, trucked or traded for. (Act XXVI, Hening’s Statutes, I:445.)
March 1657/58 (9 Commonwealth)
Noe Collonie Servants
- Servitude for offences abolished
BEE it hereby enacted and confirmed that noe person or persons whatsoever, for anie offence alreadie comitted shall be adjudged to serve the collonie hereafter. (Act LVI, Hening’s Statutes, I:459.)
March 1657/58 (9 Commonwealth)
Irish Servants without Indentures
[This act is substantially the same as act VI of March, 1654-5, ante pa. 411,] except that at the end of the act these words are added, “and all aliens to be included in this act.” (Act LXXXV, Hening’s Statutes, I:471.)
March 1657/58 (9 Commonwealth)
Concerning Huie and Cries
- Hue and cry how issued against runaway servants
- How executed
- Duty of commissioners
- Penalty on masters of houses for neglect in the execution of the precept
- Runaway, if apprehended to be sent back by constable
- Penalty for neglect
WHEREAS huy and cries after runnaway servants hath been much neglected to the great damage and loss of the inhabitants of this colloney Bee it therefore enacted and confirmed by the authority of this present Grand Assembly, that all such huy and cries shall be signed either by the Governour or some of the Councill, or vnder the hand of some com’r. nameing the countie where the said com’r. lives, and the same shall be conveyed from house to house with all convenient speed according as the direction thereof expresseth: And every com’r. of each county vnto whose house by this meanes the said huy and cry shall come shall then date and subscribe the same, And the master of everie house that shall make default in the speedy conveyance of any such huies and cries shall for everie such default forfeite and pay vnto the owners of any such runnawaie servant is found he shall be apprehended and sent from constable to constable vntill such runnawaie or runnawayes shall be delivered to his or their master or mistresse and if any neglect can be proved against the constable hee to be fined three hundred and fiftie pounds of tobacco. (Act CXIII, Hening’s Statutes, I:483.)
March 1658/59 (10 Commonwealth)
How to know a Runaway Servant
- The hair of a runaway servant to be cut close above the ears
WHEREAS the act for runnaway servants appoints onely the punishment of the said servants and the pennaltie of entertaineing them, but provides no way for the discovery of them, It is enacted and ordained that the master of everie such runnaway shall cutt or cause to be cutt, the hair of all such runnawayes close above their ears, whereby they may be with more ease discovered and apprehended. (Act III, Hening’s Statutes, I:517-518.)
March 1659/60 (11 Commonwealth)
An Act that no Servant lay violent hands on his Master or Overseer
- Penalty for a servant’s laying violent hands on his master, mistress or overseer
WHEREAS by the audacious vnruliness of many stubborn and incorrigible servants, who by resisting their masters and overseers have brought many mischeifs and losses to divers perticular persons of this country. Bee it enacted and ordained, That the servant that shall lay violent hands on his or her master or mistresse or overseer and be convicted thereof, before any county court in this country, the same court is hereby required and authorized to order such servant or servants to serve his or their said master or mistress two yeeres after his or their time by indenture, custom or law is expired. (Act XIII, Hening’s Statutes, I:538.)
March 1659/60 (11 Commonwealth)
An Act for the Pay of Dutch Masters bringing in Runnaway Servants
- Payment for apprehending runaway Dutch serv’ts to be made at the secretary’s office
- How reimbursed
WHEREAS by the articles of peace with the Dutch it hath been concluded that in case the master of any runnaway servants that shall be brought into this country shall refuse to make payment for his passage and such other reasonable costs and disbursments as shall be made appear due, that then he should receive his pay at the secretaries office. Bee it enacted, That payment shall be accordingly made there by the secretarie or his officer, either in money or [in] tobacco, if to be procured at that time of the yeare or else in such other commodities of the country as can at the time of the demand be produced to make satisfaction, And for the raising the same, Bee it further enacted, That the secretarie or his appointed officer shall have power to dispose of the said servant by outcry or otherwise, for so long time as will raise the value disbursed for him, after the expiration of which time he shall be returned to his master from whence he ran away, and serve him the remainder of his time by indenture and the additionall time imposed by act. (Act XV, Hening’s Statutes, I:538-539.)
March 1659/60 (11 Commonwealth)
An Act for repealing an Act for Irish Servants
- Act 85 of March 1657-8, repealed
- No distinction as to service, betw’n servants of any christian nation
- Provision for aliens arriving before & after former law
WHEREAS the act for Irish servants comeing in without indentures enjoyning them to serve six yeeres, carried with it both rigour and inconvenience, many by the length of time they have to serve being discouraged from comeing into the country, And by that meanes the peopling of the country retarded, And these inconveniencies augmented by the addition of the last clause in that act, That all aliens should be included, Bee it therefore enacted and confirmed, That the whole act be repealed and made void and null, And that for the future no servant comeing into the country without indentures, of what christian nation soever, shall serve longer then those of our own country, of the like age: And it is further enacted, That what alien soever arrive here before that clause was inserted and that hath been by vertue of that last clause inforced to serve any time longer then the custom of the countrey did oblige them to shall be allowed competent wages by their severall masters for the time they have overserved, Any act, order of court or judgment to the contrary notwithstanding, Provided alwaies that all such aliens as came in servants during the time that the said clause was in force shall serve according to the tenor of that act. (Act XIV, Hening’s Statutes, I:538-539.)
March 1660/61 (13 Charles II)
Apprehending of Runawayes
- Reward to Constable for apprehending runaway servants
- Penalty for neglect
WHEREAS the pursuit and takeing of runawaies is hindred chiefly by the neglect of constables in making, search according to their warrants, Bee itt enacted that every constable shall make diligent search and inquiry through all his precinct, and what constable soever shall upon search apprehend such runaways shall receive from the master of the servant for his encouragement two hundred pounds of tobaccoe, and if any constable shall neglect he shall be fined three hundred and fifty pounds of tobaccoe and caske according to former act. (Act X, Hening’s Statutes, II:21.)
March 1660/61 (13 Charles II)
English running away with negroes
- English servants running away with negroes, how punished
BEE itt enacted That in case any English servant shall run away in company with any negroes who are incapable of makeing satisfaction by addition of time, Bee itt enacted that the English so running away in company with them shall serve for the time of the said negroes absence as they are to do for their owne by a former act. (Act XXII, Hening’s Statutes, II:26.)
March 1660/61 (13 Charles II)
County of Gloucester, authorized to make laws concerning runaway servants
- County of Gloucester, authorized to make laws concerning runaway servants
WHEREAS a proposition relating to the prevention of servants and other idlers running away in troops by a pursuit made at the charge of the county, hath referrence chiefly to the county of Glocester It is ordered that the said county court have power for that county to make such lawes as shall be from time to time found necessary and convenient for prevention pursuit or recovering of any such runawayes. (Hening’s Statutes, II:35.)
Servants how long to serve
- Serva’s heretofore bro’t in to serve according to the laws then in force
- All Servants hereafter br’t in, without indentures, to serve 5 years, if above 16 yrs of age; and if under till they are 24
WHEREAS the 13th act 1659 doth enact that all persons brought as servants into this country, of what christian nation soever they be, should serve noe longer than our owne nation, which is five yeares, if above sixteene yeares of age, if under, untill one and twenty, as by the 30th act of the said assembly appeares, and in regard the said 13th act doth contrary to law looke backward and sett free severall servants aliens purchased upon a former act of assembly made the 4th of [blank] 1654, Be it therefore enacted that all aliens and others comeing in while that act and the others in force shall serve according to those acts, and that for the future all the aforesaid acts shalbe repealed, and all servants hereafter comeing in without indentures shall serve five years if above sixteen yeares of age and all under that age shall serve untill they be fower and twenty yeares old, that being the time lymitted by the laws of England, and that they severall courts at the request of the master make inspection and judge of their ages. (Act XCVIII, Hening’s Statutes, II:113-114.)
Against secrett marriage
- Penalty on ministers for marrying servants without a certificate from their masters
- On the serv’ts
- On free person marrying with a servant
WHEREAS much losse and detriment doth arise to diverse masters of ffamilyes by the secrett marriage of servants, the said servants through that occasion neglecting their works and often perloyning their masters goods and provision, Bee it therefore enacted that noe minister either publish the banns or celebrate the contract of marriage between any servants unles he have from both their masters a certificate that it is done with their consent, and the minister doing otherwise shalbe fined ten thousand pounds of tobacco, and the said servants both man and woman that shall by any indirect meanes procure themselves to be marryed without consent of his and her master, shall for such their offence each of them serve their respective masters one whole yeare after their tyme of service by indenture is expired, and if any person being free shall clandestinely marry with a servant as aforesaid, hee or shee soe marrying shall pay to the master of the servant ffifteen hundred pounds of tobacco or a yeares service, and the servant soe being marryed shall abide with his or her master, the time by indenture or custome and a yeare after as aforesaid. (Act XCIX, Hening’s Statutes, II:114)
Against ffornication
- Fornication, how punis’ble
- In servants
- Bastards, how provided for
FOR restraint of the ffilthy sin of ffornication, Be it enacted that what man or woman soever shall commit ffornication, he and she soe offending, upon proofe thereof by confession or evidence shall pay each of them five hundred pounds of tobacco fine, to the use of the parish or parishes they dwell in, and be bound to their good behavior, and be imprisoned untill they find security to be bound with them, and if they or either of them committing ffornication as aforesaid be servants then the master of such servant soe offending shall pay the said ffive hundred pounds of tobacco as aforesaid to the use of the parish aforesaid, for which the said servant shall serve half a yeare after the time by indenture or custome is expired; and if the master shall refuse to pay the ffine then the servant to be whipped; and if it happen a bastard child to be gotten in such ffornication then the woman if a servant in regard of the losse and trouble her master doth sustaine by her haveing a bastard shall serve two yeares after her time by indenture is expired or pay two thousand pounds o f tobacco to her master besides the ffine or punishment for committing the offence and the reputed ffather to put in security to keep the child and save the parish harmelesse. (Act C, Hening’s Statutes, II:114-115.)
March 1661/62 (14 Charles II)
Hired Servants
- Servants, on the expiration of their time, how to obtain a certificate of freedom
- Pen’ty for hiring with’t such certificate
- On servant for forging one or stealing his owne deposited with his 2nd master
- On freemen hiring themselves and not performing the contract
- How certificates may be renew’d when worn out
WHEREAS diverse persons that by indenture custome or after contracts for wages being servants to severall men, doe many times run away to plantations farre remote, and thereby being unknowne procure entertainment with others for wages or shares to the greate damage and sometime undoeing of their true masters and also of those that ignorantly entertaine them by paying the fine; ffor prevention whereof for the future, and for the better discovery of such runaways, Bee it enacted that all servants at the expiration of their time shall with their master or a suffitient testimoniall from him goe to the court in that county where he served and there enter his ffreedom and take certificate thereof from the clerke of the said court, which certificate shalbe suffitient warrant for any person to entertaihe him into his service, and whoever after his ffirst time by indenture expired, and certificate thereof taken out as aforesaid shall againe upon any termes become servant to another the master then hiring the said servant shall take his certificate of ffreedome and keep it untill the time contracted for be expired, and whoever shall entertaine or harbour any servant or hired ffreeman running away from his master’s service, and not haveing certificate as aforesaid shall pay to the master of the said servant thirty pounds of tobacco per day and night for all the time they shall harbour or entertain them, provided that if such runaway servant shall forge a certificate or steale his true one from the master he is hired to, and by that meanes procure himselfe entertainment, the person entertaining him shalbe free from the fine, but the servant stealing or forging the certificate shalbe punished for his forgery by standing in the pillory two howers upon a court day; and if any person comeing free into the country shalby any contract agree with any person, and before the time agreed for be accomplished shall depart to another, hee shall performe the tenor of his contract first made, and pay the apparent damage that shall arise by his breach of covenants, and shall after that satisfyed, be lyable to the payment of what damages any other contractor with him shall recover of him by law, and in regard the certificates of ffreedome may be worne out and lost, and by those meanes new ones be required, it is further enacted that every clerke upon such pretence granting a new certificate shall mention in that the losse of the ffirst, and that for that cause this second was issued. (Act CI, Hening’s Statutes, II:115-116.)
March 1661/62 (14 Charles II)
Run-aways
- Servants running away, to serve double the time lost
- And for run’g away during the crop, or extraordinary charge, in apprehending them, to serve still longer
- When & how the additional time adjug’d
- Pen’lty on English servants running away with negroes
- Further pen’lty if the negroes be lost or die
WHEREAS there are diverse loytering runaways in this country who very often absent themselves from their masters service and sometimes in a long time cannot be found, that losse of the time and the charge in the seeking them often exceeding the value of their labor: Bee it therefore enacted that all runaways that shall absent themselves from their said masters service, shalbe lyable to make satisfaction by service after the times by custome or indenture is expired (vizt.) double their times of service soe neglected, and if the time of their running away was in the crop or the charge of recovering them extraordinary the court shall lymitt a longer time of service proportionable to the damage the master shall make appeare he hath susteyned, and because the adjudging the time they should serve is often referred untill the time by indenture is expired, when the proofe of what is due is very uncertaine, it is enacted that the master of any runaway that intends to take the benefitt of this act, shall as soone as he hath recovered him carry him to the next commissioner and there declare and prove the time of his absence, and the charge he hath bin at in his recovery, which commissioner thereupon shall grant his certificate, and the court on that certificate passe judgment for the time he shall serve for his absence; and in case any English servant shall run away in company of any negroes who are incapable of making satisfaction by addition of a time, it is enacted that the English soe running away in the company with them shall at the time of service to their owne masters expired, serve the masters of the said negroes for their absence soe long as they should have done by this act if they had not beene slaves, every christian in company serving his proportion; and if the negroes be lost or dye in such time of their being run away, the christian servants in company with them shall by proportion among them, either pay fower thousand five hundred pounds of tobacco and caske or fower yeares service for every negroe soe lost or dead. (Act CII, Hening’s Statutes, II:117-118.)
Buriall of Servants or others privately prohibited
- Preamble, reciting the ill effects of private burials
- Burying places to be appointed in every parish
- Neighbors to be called in, who are to view the corpse, in case of suspicion
- None to be buried in any other place, except by their own appointment
WHEREAS the private buriall of servants & others give occasion of much scandall against diverse persons and sometimes not undeservedly of being guilty of their deaths, from which if the persons suspected be innocent there can be noe vindication if guilty noe punishment, by reason they are for the most part buryed without the knowledge or view of any others then such of the family, as by neerenesse of relation (as being husband wife or children are unwilling) or as servants are fearfull to make discovery if murther were committed: ffor remedy whereof as alsoe for takeing away that barbarous custome of exposeing the corps of the dead (by makeing their graves in comon and unfenced places) to the prey of hoggs and other vermine, Be it enacted that there be in every parish three or fower or more places appoynted (according to the greatnes or littlenes of the same) to be sett apart and fenced in, for places of publique buriall, for that precinct, And further that before the corps, and if none, yet according to the decent custome of all Christendome they may accompany itt to the ground, And be it further enacted that noe persons whether free or servants shall be buried in any other place then those soe appointed, unles such who by their own appointment in their life time have signified their desires of being interred in any particular place elsewhere. (Act XV, Hening’s Statutes, II:53.)
March 1661/62 (14 Charles II)
Cruelty of masters prohibited
- Serv’ts to have compet’t food & raiment, & not immoderately corrected
- Complaining of ill usage or want of food or raiment, how redressed
- Notice to masters
- Power of c’ts
WHEREAS the barbarous usuage of some servants by cruell masters bring soe much scandall and infamy to the country in generall, that people who would willingly adventure themselves hither, are through feare thereof diverted, and by that meanes the supplies of particuler men and the well seating his majesties country very much obstructed, Be it therefore enacted that every master shall provide for his servants component dyett, clothing and lodging, and that he shall not exceed the bounds of moderation in correcting them beyond the meritt of their offences; and that it shalbe lawfull for any servant giving notice to their masters (haveing just cause of complaint against them) for harsh and bad usage, or else for want of dyett or convenient necessaries to repaire to the next commissioner to make his or their complaint, and if the said commissioner shall find by just proofes that the said servants cause of complaint is just the said commissioner is hereby required to give order for the warning of such master to the next county court where the matter in difference shalbe determined, and the servant have remedy for his grievances. (Act CII, Hening’s Statutes, II:117-118.)
March 1661/62 (14 Charles II)
Against unruly servants
- Pen’lty on servants for lay’g violent hands on their masters, mistresses or overseer
- Servitude for offences abolished
WHEREAS the audatious unrulines of many stubborne and incorrigible servants resisting their masters and overseers have brought many mischiefs and losses to diverse inhabitants of his country, Be it enacted and ordayned that the servant that shall lay violent hands on his or her master, mistress or overseer, and be convicted thereof by confession or evidence of his fellow servants or otherwise before any court in this country, the same court is hereby required and authorized to order such servant or servants to serve his or her said master or mistris or their assignes one yeare after his or her time by custome indenture or law is expired. Be it enacted, that noe person or persons whatsoever for any offence committed shalbe adjudged to serve the country as colony servants. (Act CIV, Hening’s Statutes, II:118.)
March 1661/62 (14 Charles II)
Against trading with servants
- Penalty for dealing with servants without leave of their owners
WHEREAS diverse ill disposed persons doe secretly and covertly truck and trade with other mens servants and apprentices who to the greate injury of their masters are thereby induced and encouraged to steale perloyne and imbezell their masters goods, Bee it therefore enacted that what person or persons soever shall buy, sell, trade or truck with any servant for any comodity whatsoever without lycense or consent of the said servants master, he or they soe offending against the premisses, shall suffer one months imprisonment without baile or mainprise, give bond with security for his good behaviour, and also forfeite to the master of the said servant fower times the value of the things soe bought, sold, trucked or traded for. (Act CV, Hening’s Statutes, II:118-119.)
March 1661/62 (14 Charles II)
Masters of Ships to provide fower months provisions
- Passengers from England how provided
- Poor servants to have sufficient cloaths & bedding
BEE it enacted that all masters of ships shalbe obleidged hereby to provide fower months allowance of victuals for passengers at their setting forth from the Downes or other parts of England, and to give the passengers suffitient allowance of dyett all the voyage, and masters of ships respectively to take care that poore servants doe not want cloaths and bedding in the voyage, in which perticulars aforesaid if any shall offend, they shalbe lyable to greiveous censure here according to the meritt of the offence. (Act CXXVI, Hening’s Statutes, II:129.)
December 1662 (14 Charles II)
Servants bringing in goods to have the disposing thereof for their owne advantage
- Servants bringing in goods, or having them consigned to them, to have an absolute property in them
WHEREAS many servants imported hither (being ignorant of the custome of this country doe sometimes bring in with them some small parcells of goods or have them sent afterwards by their ffreinds which usually the party that imports them, or those to whome they are sold as servants, convert to their owne use, Bee it therefore enacted that all servants bringing in goods (not being their owne wearing apparrell) or have them consigned to them during the time of their service shall have the propriety in their owne goods, and by permission of their master dispose of the same for their future advantage. (Act II, Hening’s Statutes, II:164-165.)
Women servants gott with child by their masters after their time expired to be sold by the Churchwardens for two yeares for the good of the parish
- Women serv’ts gotten with child by their masters, how disposed of
WHEREAS by act of Assembly every woman servant haveing a bastard is to serve two yeares, and late experiente shew that some dissolute masters have gotten their maides with child, and yet claime the benefitt of their service, and on the contrary if a woman gott with child by her master should be freed from that service it might probably induce such loose persons to lay all their bastards to their masters; it is therefore thought fitt and accordingly enacted, and be it enacted henceforward that each woman servant gott with child by her master shall after her time by indenture or custome is expired be by the churchwardens of the parish where she lived when she was brought to bed of such bastard, sold for two yeares, and the tobacco to be imployed by the vestry for the use of the parish. (Act VI, Hening’s Statutes, II:167.)
Men servants getting any bastard child to make satisfaction to the parish after their service ended
- Men servants getting bastards how to indemnify the parish
WHEREAS by the present law of this country the punishment of a reputed father of a bastard child is the keeping the child and saving the parish harmlesse, and if it should happen the reputed father to be a servant who can noe way accomplish the penalty of that act, Be it enacted by the authority aforesaid that where any bastard child is gotten by a servant the parish shall take care to keepe the child during the time of the reputed fathers service by indenture or custome, and that after he is free the said reputed father shall make satisfaction to the parish. (Act VIII, Hening’s Statutes, II:168.)
Servants comeing into this country without indentures under the age of sixteen years to be brought within fower months to the court, and their ages there judged
- Servants bro’t in without indentures when to have their age adjudged by the court
WHEREAS by act of assembly the severall county courts are appointed judges of the age of servants comeing in without indentures but noe tyme lymitted after their arrival. for the bringing them to those courts, Be it there for enacted that every master buying or bringing in a servant without indenture shalbe enjoyned to carry him to the court within fower months after he hath bought him, when they may have judgment of his age, or else that the servant shall serve noe longer then those of sixteen yeares of age by custome of the country. (Act XI, Hening’s Statutes, II:169.)
December 1662 (14 Charles II)
Women servants whose common imployment is working in the ground to be accompted tythable
- Women serv’s employed in the crop, tithable
WHEREAS diverse persons purchase women servants to work in the ground that thereby they may avoyd the payment of levies, Be it henceforth enacted by the authority aforesaid that all women servants whose common imployment is working in the crop shalbe reputed tythable, and levies paid for them accordingly; and that every master of a family if he give not an accompt of such in his list of tythables shalbe fined as for other concealments. (Act XIII, Hening’s Statutes, II:170.)
September 1663 (15 Charles II)
Concerning Huie and Cries
- Hue and cry how issued against runaway servants
- How executed
- Duty of commissioners
- Penalty on masters of houses for neglect in the execution of the precept
- Runaway, if apprehended to be sent back by constable
- Penalty for neglect
WHEREAS huy and cries after runnaway servants hath been much neglected to the great damage and loss of the inhabitants of this colloney Bee it therefore enacted and confirmed by the authority of this present Grand Assembly, that all such huy and cries shall be signed either by the Governour or some of the Councill, or vnder the hand of some com’r. nameing the countie where the said com’r. lives, and the same shall be conveyed from house to house with all convenient speed according as the direction thereof expresseth: And every com’r. of each county vnto whose house by this meanes the said huy and cry shall come shall then date and subscribe the same, And the master of everie house that shall make default in the speedy conveyance of any such huies and cries shall for everie such default forfeite and pay vnto the owners of any such runnawaie servant is found he shall be apprehended and sent from constable to constable vntill such runnawaie or runnawayes shall be delivered to his or their master or mistresse and if any neglect can be proved against the constable hee to be fined three hundred and fiftie pounds of tobacco. (Act CXIII, Hening’s Statutes, I:483.)
September 1663 (15 Charles II)
An act for the exacter discovery of concealed tythables
- Tithable persons concealed by their mas’rs forfeited to the informer, or if a free man or servant hav’g less than a y’r to serve, 1000 lbs. of tobacco
- Proviso, as to women serv’ts
WHEREAS diverse masters of ffamilies, notwithstanding the many laws made to the contrary, doe conceale some of their ffamily legally tythable, to a very considerable number (as may justly be suspected) in the whole country, and consequently enlarge the taxes of those that doe legally conforme, for remedy of the like abuses hereafter, Be it therefore enacted by this grand assembly and the authority thereof that every master of a ffamily shall give an exact account of all tythable persons in their said ffamily with their severall names to the next majestrate appointed to receive the list annually, by the tenth of June, and in case any such master of a ffamily shall conceale any person or persons of his ffamily, then every such concealed person and persons shalbe forfeited to him that shall make it appeare, unless he was bought after the tenth of June, but if any such concealed person being a servant hath lesse then a yeare to serve or if the person concealed be a ffreeman, then for every such person the master of the family shall forfeite one thousand pounds of tobacco, Provided always that women servants be excepted out of this act, which whether they are tythable or not is referred to the county courts to judge and determine. (Act VII, Hening’s Statutes, II: 187.)
September 1663 (15 Charles II)
An act concerning the pursuite of runaways
- Runaways to be pursued at public expense
- Proceedings, where they have escaped to the Dutch plantations [The northern colonies were at that time so called]
- Expenses of apprehending how paid
- How information given to the master of the recovery his servant
- Master to give bond & secu’ty for paying expenses, or the servant to be sold or hired out
- How county reimbursed
WHEREAS the ordinary way of making pursuites after runawaye servants by hues and cryes is by experience found ineffectuall for the recovery of them, and the pursuite at the particular charge of the master oftentimes impossible, for remedy whereof, It is enacted by this present grand assembly and the authority thereof that pursuite after runaways be made at the charge of the country, for effecting whereof any justice at the instance of the master or masters of the servants runaway is hereby required, authorized and impowered to issue his warrant for pressing boate and hands or other dispatches to make pursuite, the charge whereof shall be defrayed in the next county levie; And in case the said fugatives shall notwithstanding such persuite make an escape to any of the Dutch plantations, it is enacted that letters be written to the respective governours of those plantations to make seizure of all such fugitive servants, and to retorne them by the next convenient passage to any of the collectors of the rivers, the vessel that brings them in is bound to; And for satisfaction of their charge the said collector is hereby authorized to give them his certificate of the receipt of the servants and of the summe the charge amounts to, which being produced by the said importer or his agent to the next assembly or committee for the levy the summe specified shalbe by them raised and paid the importer or his lawfull agent at such place as he shall desire.
And it is further enacted that the said collector shall with as much speed as may be, certifie the master of the said servant of his having him in his custody, and in case the said master of the said servant will pay the charge of his importation then the said collector is required to take the bill of the said master with security if needful to the use of the publique, and to receive the same when due for the use aforesaid, and to deliver him or them their servants, who shall serve his or their master or masters for the time of his or their absence and charge disbursed according to a former act of assembly in that case provided, but if the said master or masters shall refuse to pay the charge, then the said collector is hereby impowered to sell the said servant or servants or to hire him or them for soe long time as may reimburse the publique disbursement; after which time expired, the said servant or servants shalbe returned to his or their master or masters, and serve him or them the remainder of his or their tyme, and alsoe for the time of his or their being runaway, in which that he serves for satisfaction of the publique shall not be accompted, It is further enacted that if the said servant or servants be taken by the pursuite of the county that the county shall have such satisfaction as the publique by sale or hire of the servant. (Act VII, Hening’s Statutes, II:187-188.)
September 1663 (15 Charles II)
An act prohibiting servants to goe abroad without a lycense
- Serv’ts not to go from home with special license from their masters
- County courts enjoined to make by laws prevent’g unlawful meet’gs of servants
FOR better suppressing the unlawful meetings of servants, it is thought fitt and enacted by this present grand assembly and the authority thereof that all masters of ffamilies be enjoyned and take especiall care that their servants doe not depart from their houses on Sundayes or any other dayes without perticuler lycence from them, and that the severall respective counties (as they find cause) to take espetiall care to make such by laws within themselves, as by the act dated the third of December 1662, they are impowred as may cause a further restraint of all unlawfull meetings of servants and punish the offenders. (Act XVIII, Hening’s Statutes, II:195.)
October 1666 (18 Charles II)
An act against entertayners of runaways
- Penalty increased for harbouring runaway servants
- To what servants to extend
WHEREAS diverse ill disposed persons not valueing the fine imposed by act, which by the inconsiderablenesse thereof they think not worth the paines of any mans recovery, doe harbour and give entertainment to loytering runaway servants for two or three dayes or more, thereby encourageing the said servants in such lewd courses; for prevention whereof, Be it enacted by the authority of this grand assembly that what person soever, contrary to the act in force, shall harbour or entertaine any such runaway servant shalbe fined to pay sixty pounds of tobacco for each day and night he shall soe harbour them to be recovered by the master or owner of the said servant by action of debt in any court of judicature in this country; this act extending only to such servants as serve by their ffirst indenture. (Act IX, Hening’s Statutes, II:239.)
An act for servants service
- Former acts, concern’g servants com’g in without indentures amended so that they may serve according to their age
- When to be carried to c’rt. to have their ages adjudged
WHEREAS the present act in force prescribing how long servants comeing in without indentures shall serve, enjoynes all servants adjudged by the courts to be sixteene yeares of age to serve but five yeares, and all under to serve until they be twenty fowre yeares, by which inequality, a servant if adjudged never soe little under sixteene yeares pays for that small tyme three yeares service, and if he be adjudged more the master looseth the like; Be it therefore enacted that the said act be from henceforth altered and amended, vizt. that all servants comeing in without indentures, after the expiration of this cession of assembly, shall serve according to their age, vizt. if adjudged nineteen yeares or above, then to serve five yeares, if under that age then to serve soe many yeares as he wants of twenty fowre yeares, when his age is adjudged by the court; And that every man intending to clayme the benefit of this act is hereby required within two courts at furthest after he hath bought him or them, or imported a servant as aforesaid, to carry him to the court, who by a present inspection at that tyme wilbe best enabled to passe judgment upon the matter. (Act X, Hening’s Statutes, II:240.)
September 1668 (20 Charles II)
About Runawayes
- Corporal punishment inflicted on a runaway servant, no exemption from further service
WHEREAS it hath been questioned whether servants running away may be punished with corporall punishment by their master or magistrate since the act already made gives the master satisfaction by prolonging their time by service, It is declared and enacted by this assembly that moderate corporall punishment inflicted by master or magistrate upon a runaway servant, shall not deprive the master of the satisfaction allowed by the law, the one being as necessary to reclayme them from persisting in that idle course, as the other is just to repaire the damages susteyned by the master. (Act IV, Hening’s Statutes, II:266.)
October 1669 (21 Charles II)
Against Runawayes
- Reward for taking up a runaway, to be paid by the public and reimbursed by the service of the servant
- Runaway when apprehended, how to be dealt with
- Duty of constables
- When servant may be sold to reimburse the public
WHEREAS diverse good lawes have been made to prevent runaway servants which have hitherto in greate parte proved ineffectuall, cheifly through the wickednesse of servants who at and before their arrivall plott and contrive how they may ffree themselves from their master, by running to neighboring plantations, and partly by the remisnes of some planters who are soe farre from apprehending these knowne runawayes that some have given them assistance and directions how to escape, to the ruyne of many masters of ffamilies, who have not servants enough left (whome he can trust) to follow and pursue those runawayes, and others unconcerned for want of a certaine reward will not endeavour to apprehend and retorne them to their masters: Be it therefore enacted that whosoever apprehends any runaways whither servant by indenture, custome, or covenant, not haveing a legall passe, by those in every county that shall be appointed to give passes, or a note from his master, shall have a thousand pounds of tobacco allowed him by the publique, which tobacco shall be repaid by the service of the servant to the country when free from his master, and by the hired ffreeman imediately after expiration of his covenant to the man that apprehends, and this greate good which is hoped for can be noe prejudice by this act to any man nor to the publique, who will insencibly disburse that which the poore master is oftentimes not able to doe, nor to the servants, who if they keep within the bounds of their duty, are in noe way damnified by the severity of this act, and it is hoped they will be soe when they know soe many spies are upon them, And be it further enacted that he that takes up such runaway is hereby enjoyned ffirst to carry him before the next justice who is to take cognizance of his good service, and to certifye it to the next assembly, and then to deliver him to the constable of the parish where that justice dwells, who is to convey him to the next constable, till he be retorned to his master, and that each constable upon receipt of such runaway give his receipt, and if escape be made from any constable, the delinquent constable to pay one thousand pounds of tobacco; and for the reimburseing the publique with the tobacco disbursed to the taker up, It is hereby enacted that the courts of that county wherein the servant served his tyme be empowred to make sale of the servant, and be accomptable to the next assembly. And this sale to be made after all tyme of service due to the master by indenture, or judgments expired, and this act being only encouragement for the apprehender, doth not at all repeale the clause of any act prescribing the meanes of reimbursing the charge expended in their conveyance to their master. (Act VIII, Hening’s Statutes, II:273-274.)
October 1670 (22 Charles II)
An act concerning runaways
- Reward for taking up a runaway reduced from 1000 to 200 lbs of tobacco
- Slaves comprehended in this act
- Servants after expiration of their time, to serve 4 months for every 200 lbs. tob’o. paid for apprehending them
- Servants running away twice to have their hair close cut
- Penalty on masters for neglect
- Every constable, through whose hands a runaway passes to whip him severely
- Constable to give a receipt for runaway
- Pen’ty on constable permitting escapes
- Servants indebted to the public for runaway’s fees, to be delivered over to justice & sheriff, & sold on the expiration of their time; unless they can procure security
- Pen’ty on master giv’g a certificate of freedom before delivery to justice
WHEREAS the act made the last assembly for encouragement to apprehend runaways hath seemed to be too burthensome to the publique by the greatnes of the summe there granted to the taker of them up, and also defitient in some things very necessary to the restraint of runawayes, upon consideration whereof, it is enacted and ordered by the governour, councell and burgesses of the grand assembly and the authority thereof, that the former act of October, 1669, continue in its full force; but that the summe of one thousand pounds of tobacco therein granted to the taker of them up shall be, and hereby is reduced to two hundred pounds of tobacco, if the runaway be found above tenn miles from his masters house, to be paid by the publique in the county where the party dwells, (if it can be) for every servant of what quality soever; and that the servant not being slave (who are also comprehended in this act) after the expiration of his full tyme due to his master shall serve any person he shalbe assigned to by the assembly or any commissioners from them the terme of ffower months for every two hundred pounds of tobacco paid for them, the said assignee giveing caution to the said commissioners to repay the tobacco to the publique; and the commissioners receiving such caution to retorne it to the county courts, and the county court to the assembly; and that the said runawayes may be the more easily detected, It is further enacted that every master haveing a servant that hath runaway twice shalbe and hereby is enjoyned and commanded to keepe his haire close cutt, and that every such master fayling herein shalbe fined two hundred pounds of tobacco for every time the said fugative shall after the second tyme be taken, the one halfe to the publique, the other halfe to the informer, And for the better preventing such attempts, It is further enacted that every constable into whose hands the said ffugative shall by and commissioners warrant be first committed, shalbe, and hereby is enjoyned by vertue of this act (though omitted in the warrant) to whip them severely, and then to convey him to the next constable (towards his masters home) who is to give him the like correction, and soe every constable through whose precincts he passeth, to doe the like, And that constables may be the more carefull in their office, It is further enacted that every constable in whose custody the said runaway shall be comitted shall give a receite to the constable or party hee receives him from, if the said ffugative shall by negligence of any constable make an escape (to the end such negligence might be discovered) and for his offence pay ffowre hundred pounds of tobacco, halfe to the publique, halfe to the informer, and the fine in the former act of one thousand pounds of tobacco to be reversed, And because such runaways after the expiration of their tyme, may by vertue of their masters certificate remove from the place they dwelt in, and by such concealment defraud the publique of what hath been disbursed for him, It is further enacted that every respective master owner of such servants indebted to the publique, shall imediately after the tyme of such servant is expired deliver him to the next justice who is to deliver him to the sherriffe to be secured till the next county court there to be proceeded with as the law directs, unles such servant can procure suffitient security to pay the penalty layd on him by the act, And that every master giveing a certificate before such delivery of his servant to the justice shall repay the publique whatsoever hath bin disbursed for the recovery of his servant during the tyme he served him. (Act I, Hening’s Statutes, II:277-279.)
October 1670 (22 Charles II)
What tyme Indians to serve; An act declaring who shall be slaves
- Indians taken in war, & sold by Indians, not to be slaves
- Servants, not Christians, import’d by shipping, slaves; if by land, to serve a certain term only
WHEREAS some dispute have arisen whither Indians taken in warr by any other nation, and by that nation that taketh them sold to the English, are servants for life or terme of yeares, It is resolved and enacted that all servants not being christians imported into this colony by shipping shalbe slaves for their lives; but what shall come by land shall serve, if boyes or girles, until thirty yeares of age, if men or women twelve years and no longer. (Act XII, Hening’s Statutes, II:283.)
September 1672 (24 Charles II)
An act concerning servants sould for the custome
- Servants sold, as without indentures, to be carried before a justice, and 1 month allowed to produce them, or forever barred
WHEREAS it hath beene the practice of diverse servants who have bin sould for the custome, after the departure of the ships wherein they arrived, and persons who sold them to produce or pretend indentures for shorter tymes, whereupon divers disputes have arrisen betweene the said servants and their masters; for the prevention whereof for the future, Be it enacted by the governour, councell and burgesses of this grand assembly and the authority thereof that every servant who comes in presumeable without indentures and soe sold for the custome, shall by his master be brought before some justice of the peace to declare whether he hath any indenture or not, if the servant shall alledge he hath, but cannot as then produce it, the said justice in this case shall assigne him one months tyme, within which if the servant faile to produce it, he shall be barred from his clayme by reason of any pretended indenture whatsoever. (Act V, Hening’s Statutes, II:297.)
September 1672 (24 Charles II)
An act for the apprehension and suppression of runawayes, negroes and slaves
- Runaways either negro, mulatto, Indian slave or servants, resisting may be killed or wounded
- Proviso
- Master indemnified by the public, & person killing not to be questioned
- Value of such negroes, &c.
- Negroes, &c. wounded and lingering, their owners to be paid
- Reward to neighbouring Indians for apprehending runaways
FORASMUCH as it hath beene manifested to this grand assembly that many negroes have lately beene, and now are out in rebellion in sundry parts of this country, and that noe meanes have yet beene found for the apprehension and suppression of them from whome many mischeifes of very dangerous consequence may arise to the country if either other negroes, Indians or servants should happen to fly forth and joyne with them; for the prevention of which, Be it enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, that if any negroe, molatto, Indian slave, or servant for life, runaway and shalbe persued by warrant or hue and crye, it shall and may be lawfull for any person who shall endeavour to take them, upon the resistance of such negroe, mollatto, Indian slave, or servant for life, to kill or wound him or them soe resisting; Provided alwayes, and it is the true intent and meaning hereof, that such negroe, molatto, Indian slave, or servant for life, be named and described in the hue and crye which is alsoe to be signed by the master or owner of the said runaway. And if it happen that such negroe, molatto, Indian slave, or servant for life doe dye of any wound in such their resistance received the master or owner of such shall receive satisfaction from the publique for his negroe, molatto, Indian slave, or servant for life, soe killed or dyeing of such wounds; and the person who shall kill or wound by virtue of any such hugh and crye any such soe resisting in manner as aforesaid shall not be questioned for the same, he forthwith giveing notice thereof and returning the hue and crye or warrant to the master or owner of him or them soe killed or wounded or to the next justice of peace. And it is further enacted by the authority aforesaid that all such negroes and slaves shalbe valued at ffowre thousand five hundred pounds of tobacco and caske a peece, and Indians at three thousand pounds of tobacco and caske a peice, And further if it shall happen that any negroe, molatto, Indian slave, or servant for life, in such their resistance to receive any wound whereof they may not happen to dye, but shall lye any considerable tyme sick and disabled, then alsoe the master or owner of the same soe sick or disabled shall receive them from the publique a reasonable satisfaction for such damages as they shall make appeare they have susteyned thereby at the county court, who shall thereupon grant the master or owner a certificate to the next assembly of what damages they shall make appeare; and it is further enacted that the neighbouring Indians doe and hereby are required and enjoyned to seize and apprehend all runawayes whatsoever that shall happen to come amongst them, and to bring them before some justice of the peace whoe upon the receipt of such servants, slave, or slaves, from the Indians, shall pay unto the said Indians for a recompence twenty armes length of Roanoake or the value thereof in goods as the Indians shall like of, for which the said justice of peace shall receive from the publique two hundred and fifty pounds of tobacco, and the said justice to proceed in conveying the runaway to his master according to the law in such cases already provided; This act to continue in force till the next assembly and noe longer unlesse it be thought fitt to continue. (Act VIII, Hening’s Statutes, II:299-300.)
February 1676/77 (29 Charles II)
An act lymitting masters dealing with their servants
- No master to contract with his servant but in presence & with the approbation of a justice of the peace
- Penalty
WHEREAS severall complaints are made that diverse and sundry masters during the tyme of severall their servants servitude, and more especially some small tyme before the expiration of their tyme of service, doe by indirect meanes, make sundry and diverse bargaines and agreements with their servants to their owne unreasonable advantage, and to the servants great ingury, hurt, and damage, who because of his coverture is drawne in, and oftentimes necessitated to comply with the averitious, temper and unreasonable desires of such masters; for the prevention whereof for the future, Bee it enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, and it is hereby enacted, that from and after the publication hereof, it shall not be lawfull for any master of servant or servants, before the tyme of his first service by indenture is expired and fully ended, to make any bargaine or agreement with his servant or servants, either for such servants cloathes, corne or otherwise, except the same be made and confirmed betwixt such master and servant, bargaining and agreeing in the presence of and with the approbation and good likeing of some one or more justices of the peace in the county were such master resides, upon the penalty of forfeiting such tyme of service as shalbe due to the master at the tyme of makeing such bargaine or otherwise, and in other manner then is herein by this law sett downe, meant, and intended, and alsoe all other agreements contained, conditioned for or concluded in such bargaine or agreement whatsoever. (Act VII, Hening’s Statutes, II:388.)
February 1676/77 (29 Charles II)
An act concerning servants who were out in rebellion
- (Repealed by proclamation July 8th 1680)
- Servants serving under Bacon or Ingram, or others, punishable as runaways
- May be prosecuted after time of service expired, for whatever they plundered
WHEREAS many evill disposed servants in these late tymes of horrid rebellion taking advantage of the loosnes and liberty of the tymes, did depart from their service, and followed the rebells in rebellion, wholy neglecting their masters imployment whereby the said masters have suffered great damage and injury. Bee it therefore enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that all such servants as have joyned with or borne armes under Nath. Bacon, junr. or Joseph Ingram, or any other officer adherents or complices in the late horrid rebellion, be punished for the tyme they have beene absent from, or neglected their masters service according to the ffynes, punishments and forfeitures provided in the severall lawes made against runawayes servants, with such allowance to their masters for their damages susteyned by such their neglect as is provided in the said act or lawes; and that whatsoever any such servant hath taken or plundered from his master or any other person during the tyme of the late horrid rebellion, that he be lyable to be prosecuted for the same when his tyme of service shall expire, the master of such servant haveing the priority of being first paid or satisfyed, or such other to whome he shall assigne the right of the same. (Act XII, Hening’s Statutes, II:395.)
June 1680 (32 Charles II)
An act of free and generall pardon, indemnitie and oblivion
- Servants engaged with Bacon, lose their time, within the above period
… Provided alwayes that noe further punishment, satisfaction or damages shalbe recovered or inflicted on any christian servants that have deserted their masters or bin active in the late rebellion, then that the time incuring betweene the said ffirst day of may and the said sixteenth of January shalbe accompted no part of their tyme of service. (Act I, Hening’s Statutes, II:462.)
An act assertaining the time when Negroe Children shall be tythable
- Negro children imported to have their ages adjudged by the courts
- Tythable at 12 years of age
- Servants tythable at 14
WHEREAS it is deemed too hard and severe that children (as well christians as slaves) imported into this colony should be lyable to taxes before they are capable of working, Bee it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted by the authority aforesaid, that all negroe children imported or to be imported into this colony shall within three months after the publication of this law or after their arrivall be brought to the county court, where there age shalbe adjudged of by the justices holding court, and put upon record, which said negroe, or other slave soe brought to court, adjudged and recorded shall not be accompted tythable untill he attaines the age of twelve yeares, any former law, usuage, or custome to the contrary notwithstanding. And be it further enacted by the authority aforesaid, and it is hereby enacted, that noe christian servants imported into this colony shalbe tythable before they attaine the age of fourteene yeares any former law, usuage, or custome to the contrary notwithstanding. (Act VII, Hening’s Statutes, II:479-480.)
June 1680 (32 Charles II)
Concerning Servants and Levyes
- Servants, consigned to merchants & not sold, not to pay taxes
ITT being proposed to this assembly whether servants consigned to merchants be lyable for payment of their levyes if not sold or disposed of before the tenth of June. It is declared by this assembly that such servants soe unsold ought not to be listed as tythables that yeare. (Hening’s Statutes, II:488.)
June 1680 (32 Charles II)
Frauds in servants’ indentures
- Frauds in servants’ indentures
- How judgm’t to be given thereon
A PROPOSITION being brought to this assembly for giveing a rule to try servants indentures comeing into this country, and diverse blank indentures and office certificates signed by the office keeper or register, or deputy register, and sealed with the office or registers seal, being produced to this assembly whereby it manifestly appeares such indentures and office certificates cannot reasonably in themselves without better testimony or at least greate circumstance be accounted vallid and good, and because many and different arguments and proofes may appeare for or against such as may happen to be produced. This assembly doe declare that the former lawes doe suffitiently direct concerning indentures, and that all justices are oblieged to give judgment in such matters when they come before them according to such proofe by evidence or otherwayes as shalbe manifest to them and according to the best of their judgment therein. (Hening’s Statutes, II:488.)
April 1684 (36 Charles II)
An act repealing the act, concerning the pursuit of runawayes
- Act 8, of September, 1663, repealed
WHEREAS the eighth act of assembly, made at James City the tenth day of September, one thousand six hundred sixty-three, intituled, an act concerning the pursuit of runawayes, is by experience found, very inconvenient; Bee it therefore enacted by the governour, councill and burgesses of this general assembly, and it is hereby enacted, That the said act and every clause, and article therein contained be, and is here repealed, to all intents and purposes, whatever. (Act III, Hening’s Statutes, III:12.)
October 1686 (1 James II)
An aditionall Act about runawayes
- Act 1, of Oct. 1670, contin’d with amendments
BEE it enacted by the governour, councell and burgesses of this generall assembly, and the authority thereof, and it is hereby enacted, That the 1st act of assembly made at James Citty the 3d of October, 1670, entituled an act concerning runawayes be continued and confirmed with these following alterations and amendments. That every certificate for takeing up any one or more servant or servants runaway from his or her master or mistress before the same be admitted into the assembly for allowance shall make mention of their master or mistriss, their proper name and sir name, the county where they dwell, time of takeing up the said servant and distance of place where taken up from the dwelling plantation of such servants master or mistriss, together with the proper name and sir name of such servant, and at the same sessions of assembly when such certificate shall be allowed, the like sum be assest upon the master or mistriss of such runaway servant or servants for which he or she shall be reimbursed by the service of such delinquent servant, according as by the aforesaid act is provided for reimbursement of the publique; and that all such certificates come proved from the county courts, as all other claimes are enjoyned to be brought to the assembly for allowance. (Act I, Hening’s Statutes, III:28-29.)
An act for suppressing outlying Slaves
- Compensation to master for slave killed
- White man or woman, bond or free, intermarrying with a negro, mulatto or Indian, to be banished for ever
- White women having a bastard by a negro or mulatto to pay 15l. sterling; in default of payment to be sold for 5 years
- Such bastard to be bound by church wardens till 30 years of age
- Servant women offending to be likewise sold, after the expiration of their term of service
Provided that where any negroe or mulattoe slave or slaves shall be killed in pursuance of this act, the owner or owners of such negro or mulatto slave shall be paid for such negro or mulatto slave four thousand pounds of tobacco by the publique. And for prevention of that abominable mixture and spurious issue which hereafter may encrease in this dominion as well by negroes, mulattoes, and Indians intermarrying with English, or other white women, as by their unlawfull accompanying with one another, Be it enacted by the authoritie aforesaid, and it is hereby enacted, That for the time to come, whatsoever English or other white man or woman being free shall intermarry with a negroe, mulatto, or Indian man or woman bond or free shall within three months after such marriage be banished and removed from this dominion forever, and that the justices of each respective countie within this dominion make it their perticular care, that this act be put in effectuall execution, And be it further enacted by the authoritie aforesaid, and it is hereby enacted, That if any English woman being free shall have a bastard child by any negro or mulatto, she pay the sume of fifteen pounds sterling, within one moneth after such bastard child shall be born, to the Church wardens of the parish where she shall be delivered of such child, and in default of such payment she shall be taken into the possession of the Church wardens and disposed of for five yeares, and the said fine of fifteen pounds, or whatever the woman shall be disposed of for, shall be paid, one third part to their majesties for and towards the support of the government and the contingent charges thereof, and one other third part to the use of the parish where the offence is committed, and the other third part to the informer, and that such bastard child be bound out as a servant by the said Church wardens untill he or she shall attaine the age of thirty yeares, and in case such English woman that shall have such bastard child be a servant, she shall be sold by the said church wardens, (after her time is expired that she ought by law to serve her master) for five yeares, and the money she shall be sold for divided as is before appointed, and the child to serve as aforesaid. (Act XVI, Hening’s Statutes, III:86-87.)
April 1699 (11 William III)
An act prohibiting the unseasonable killing of Deer
- Penalty for killing wild deer between the 1st of February and first of July, or buying or receiving such from Indians
- Servants and slaves, how punished
WHEREAS the Deer of this his majestyes colony and dominion is very much destroyed and diminished by the unseasonable kiling them when poor and of does bigg with young to the great detriment of the inhabitants of this his majestyes colony and dominion without bringing any considerable benefitt to those that kill them, for remedy whereof,
Be it enacted by the Governour, Councell and Burgesses of this present Generall Assembly and the authority thereof, and it is hereby enacted, That from and after the first day of February next ensuing no person or persons shall shoot or kill any Deer runing wild in the woods or unfenced grounds on this his majestyes colony and dominion at any time or times between the first day of February and last day of July that shall happen in every year, and if any person or persons shall contrary to the true intent and meaning of this act kill or destroy any Deer or cause any Deer to be killed or destroyed or shall buy or receive of any Indian or other person whatsoever any Deer kiled within the time before limited, he or they soe offending and being thereof lawfully convicted, shall for every Deer so killed brought [bought] destroyed or received as aforesaid, forfeit and pay the sume of five hundred pounds of tobacco one moyety to the kings most excellent majesty, his heirs and successors, to be applyed to the use of the parish where every such offence shall be commited respectively, and the other moyety with full costs of suit to him or them that will sue or informe for the same, by action of debt, bill plaint or information in any court within this his majestyes colony and dominion, in which no essoigne protection or wager at law shall be allowed: Provided alwayes, that if any slave or other servant who is uncapable of paying the penaltyes provided by this act shall of his or their owne accord without the privity of his or their master, mistress or overseer kill or destroy any deer contrary to the true intent and meaning of this act he or they so offending shall for every offence have and receive on his or their bare back or backs thirty lashes well laid on to be inflicted by order of such justice to whome information of the same shall be made upon oath. (Act VII, Hening’s Statutes, III:180.)
April 1699 (11 William III)
An act for laying an imposition upon servants and slaves imported into this country, towards building the Capitoll
- Duty on servants and slaves imported
- No servant or negro to be put on shore till due entry made, and duty paid
- Penalty
- Penalty for false entry
- For bribery
- Forfeitures, how appropriated
- Collectors, how appointed
- Duties, how accounted for
- Limitation of this act
WHEREAS the state house of this his majesties colony and dominion in which the generall assemblyes and general courts have been kept and held hath been unhappily destroyed and burnt downe, and it being absolutely necessary that a capitoll should be built with all expedition, and forasmuch as a more suitable expedient cannot be found for avoiding the laying a levy upon the poll for the building the same than for laying an imposition upon servants and slaves imported into this his majesties colony and dominion,
Be it enacted by the Governour, Councell and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That from and after the publication of this act the sume of fifteen shillings per poll for every servant not born in England or Wales and twenty shillings for every negro or other slave which shall be imported into this his majesties colony and dominion shall be from time to time paid and satisfyed to his majestie, his heirs and successors for and towards the erecting and building a convenient capitoll for this his majesties colony and dominion and for no nother use, intent or purpose whatsoever, which said sume or sumes shall be paid by the importer or importers of such [blank] and for the better levying and collecting the said duty and impost.
Be it enacted by the authority aforesaid, and it is hereby enacted, That from and after the publication thereof no servant or servants, negro or negroes imported into this country shall be landed or put on shoar out of any shipp or vessell before due entry first made with the officer or collector appointed for the customes in such port or place where the same shall be imported, nor before the master of the said shipp or vessell hath made oath to such officer or collector who is hereby impowered and required to administer the same of the number of servants or slaves imported in such shipp or vessell and of the reputed place of the birth of such servant or servants, nor before the duty due and payable for the same shall be fully paid and satisfyed to such officer or collector, and that every warrant for the landing of such servants or slaves shall be under the hand and seale of the said officer or collector respectively upon paine that all such servants or slaves as shall be landed or putt on shore contrary to this act or the vallue thereof shall be forfeited and lost and shall be recovered of the importer or proprietor of the same.
And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any master of shipp or vessell shall witingly or willingly make a false entry of any such servants or slaves and be thereof convicted he shall forfeit and pay for every such offence the sume of one hundred pounds sterling, and if any collector or officer shall directly or indirectly take or receive any bribe, recompence or reward to connive at any false entry of such servants or slaves, or if any person or persons shall give or pay any such bribe or reward, he or they so offending shall forfeit and pay the sume of one hundred pounds sterling, all which penaltyes and forfeitures in this act expressed shall be divided into three equall parts, one third part thereof to his majestie, his heirs and successors towards the better support of the government and the contingent charges thereof, one other third part to the governor for the time being, and the other third part to him or them that will sue or informe for the same by action of debt, bill, plaint or information in any court of record within this his majesties colony and dominion, in which no essoigne protection or wager of law shall be allowed.
And be it further enacted by the authority aforesaid, and it is hereby enacted, That the governor for the time being with the advice of the councill, shall be and is hereby impowered from time to time and at all times hereafter to nominate, constitute and appoint such and so many collectors or other officers, as also such salleryes not exceeding six in the hundred, for the collecting the said dutyes as to him shall seem best.
And be it enacted by the authority aforesaid, and it is hereby enacted, That all and every sume and sumes of money raised or to be raised by virtue of this act be constantly accounted for by the collectors thereof to the treasurer of this his majesties colony and dominion for the time being, and by him to the governor, councill and burgesses of the generall assembly and converted to the uses by them directed according to the true intent and meaning of this act, and to and for no other use, intent or purpose whatsoever.
And be it therefore further enacted by the authority aforesaid, and it is hereby enacted, That this act shall continue in force for three years from the publication thereof, and no longer. (Act XII, Hening’s Statutes, III:193-195.)
August 1701 (13 William III)
An act continuing the acts laying impositions on lyquors, servants and slaves untill the 25th of December, 1703
- Certain former laws continued
- Draw back, allowed on exportation, within six weeks
BE it enacted by the governour, councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the 11th act of assembly made at James City the 27th day of Aprill 1699, intituled an act for lesening the levy by the pole and laying an imposition upon liquors for and towards the building the Capitoll and other publick uses as also the 12th act of assembly made at James City the said 27th day of Aprill 1699 intituled an act for laying an imposition upon servants and slaves imported into this country towards building the Capitoll be and are hereby continued in full force untill the 25th day of December which shall be in the year of our lord 1703. And whereas for the encouragement of trade it is though suitable that in case any liquors, servants or slaves chargeable by the said recited acts shall after the publication of this act be imported into this his majestyes colony and dominion, and that the importer of the said liquors [blank] slaves, shall within six weeks after such importation desire to transport the same out of this dominion [blank] in such case the said importer shall give a particular account of the contents, caske, markes and numbers of the said lyquors as also a particular account of the servants and slaves and subscribe the same to the officer with whom at their importation they were entered, and shall declare upon oath, which oath the said officer is hereby impowered to administer that the duty for the said lyquors, servants and slaves according to the said entry were duly answered and paid according to the said entry were duly answered and paid according to the said recited acts, and that the said lyquors, servants and slaves shall be directly carryed out of this dominion and not sold, delivered or put on shoar within the same, that then it shall be lawfull for the said officer and he is hereby required and enjoined to allow to the said importer three-fourths of the duty of the said lyquors, servants and slaves by him imported as aforesaid, any law, custome or useage to the contrary in any wise notwithstanding. (Act V, Hening’s Statutes, III:212-213.)
An act concerning Tithables
- Ages of children imported to be adjudged , or deemed immediately tithable
… III. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the owner or purchaser of every child, being a servant, and the parent or importer of every child, being free, at the first, second, or third court, held for the county where such child shall be, after the arrival of the said child in this country, shall bring the said child before the county court, to have its age adjudged by the court; otherwise the said child to be accounted, and thereafter immediately become tithable as aforesaid, although not of the age of sixteen years: And the age of such child being adjudged by the court, shall be entered upon the records of the said court; and be accounted, deemed, and taken for the true age of the said child, in order to its becoming tithable, within the intent and meaning of this act. (Chapter VII, Hening’s Statutes, III:258-261.)x
October 1705 (4 Anne)
An act to prevent the clandestine transportation or carrying out of persons in debt, servants, and slaves, out of this colony
- Masters of ships, &c. not to carry any persons out of the country, without a pass, on penalty of paying all their debts
- Penalty for carrying servants or slaves
I. BE it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That no master of a ship, sloop, boat, or other vessel, shall transport or carry any person whatsoever, out of this colony and dominion, without a license or pass for the same, signed by the secretary of this dominion for the time being, or such other person as he shall depute and authorize for that purpose, upon penalty of answering and paying every debt and duty the said person, at going out of this colony, shall owe, or stand obliged for, to the queen’s majesty, her heirs and successors, or to any of the inhabitants, merchants, or traders here, by judgment on record, bill, bond, covenant, account, or any other ways or means whatsoever: To be recovered against the said master, by action of debt, in any court of record within this colony and dominion.
II. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That after publication of this act, no master of a ship, sloop, boat or other vessel, shall transport or carry any servant whatsoever, or any negro, mulatto, Indian, or other slave, out of this colony and dominion, without a licence, or pass as aforesaid, or the consent, leave, or permission of the person or persons to whom such servant or slave doth of right belong, upon penalty of forfeiting and paying, in current money, the sum of fifty pounds for every servant, and the sum of one hundred pounds for every slave transported or carried hence, contrary to this act; one moiety to our sovereign lady the Queen, her heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to the party grieved: To be recovered, with costs, in any court of record within this colony and dominion, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed. … (Chapter XII, Hening’s Statutes, III:270-275.)
October 1705 (4 Anne)
An act to for raising a publick revenue for the better support of the government of this her majesty colony and dominion of Virginia, and for ascertaining the sallary of the councill
- Duty on passengers, servants & slaves, of 6d. per poll
WHEREAS there is a great and continuall charge required for the maintenance of the governor and severall other officers and persons, as also for forts and fortifications, besides many other contingent expences absolutely necessary for the support of the government of this her majestys colony and dominion,
.. And be it also further enacted, by the authority aforesaid, and it is hereby enacted, That every ship or vessell which shall at any time hereafter come into any port, creek, harbour or road within this colony and dominion, and shall be there entered in order to unlade and put on shore goods, merchandises, passengers, servants or slaves, shall pay six pence per poll for every passenger, servant, slave or other person imported in her the marriners belonging to and in actuall pay of the said ship or vessell and every of them excepted. … (Chapter XXVI, Hening’s Statutes, III:344-348.)
October 1705 (4 Anne)
An act for regulating Ordinaries, and restraint of Tippling houses
- Selling to sailors or servants without leave
I. FOR regulating the abuses of ordinaries, and other houses of entertainment, and restraint of tippling houses,
… XIV. And also be it further enacted, by the authority aforesaid, That if any ordinary-keeper whatsoever, within this colony, shall harbour, entertain, or sell any liquors to any sailor in actual pay, on board any ship, or any servant belonging to any person within this colony, without license from their respective masters, such ordinary-keeper shall, for every such offence, forfeit and pay ten shillings to the master of the ship the sailor belongs to, or master of such servant: To be recovered, with costs, upon complaint of the said master before a justice of the county where the said ordinary-keeper lives. … (Chapter XL, Hening’s Statutes , III:395-401.)
October 1705 (4 Anne)
An act concerning Servants and Slaves
- How long servants shall serve
I. Be it enacted, by the governor, council, and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That all servants brought into this country without indenture, if the said servants be christians, and of christian parentage, and above nineteen years of age, ’till they shall become twenty-four years of age, and no longer.
- To have their age adjudged by the court
II. Provided always, That every such servant be carried to the county court, within six months after his or her arrival into this colony, to have his or her age adjudged by the court, otherwise shall be a servant no longer than the accustomed five years, although much under the age of nineteen years; and the age of such servant being adjudged by the court, within the limitation aforesaid, shall be entered upon the records of the said court, and be accounted, deemed, and taken, for the true age of the said servant, in relation to the time of service aforesaid.
- When to produce their indentures
III. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That when any servant sold for the custom, shall pretend to have indentures, the master or owner of such servant, for discovery of the truth thereof, may bring the said servant before a justice of the peace; and if the said servant cannot produce the indenture then, but shall still pretend to have one, the said justice shall assign two months time for the doing thereof; in which time, if the said servant shall not produce his or her indenture, it shall be taken for granted that there never was one, and shall be a bar to his or her claim of making use of one afterwards, or taking any advantage of one.
- Who shall be slaves
IV. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That all servants imported and brought into this country, by sea or land, who were not christians in their native country, (except Turks and Moors in amity with her majesty, and others that can make due proof of their being free in England, or any other christian country, before they were shipped, in order to transportation hither) shall be accounted and be slaves, and such be here bought and sold notwithstanding a conversion to christianity afterwards.
- Penalty for importing and selling free persons as slaves
V. And be it enacted, by the authority aforesaid, and it is hereby enacted, That if any person or persons shall hereafter import into this colony, and here sell as a slave, any person or persons that shall have been a freeman in any christian country, island, or plantation, such importer or seller as aforesaid, shall forfeit and pay, to the party from whom the said freeman shall recover his freedom, double the sum for which the said freeman was sold. To be recovered, in any court of record within this colony, according to the course of the common law, wherein the defendant shall not be admitted to plead in bar, any act or statute for limitation of actions.
- Being in England no discharge from slavery
VI. Provided always, That a slave’s being in England, shall not be sufficient to discharge him of his slavery, without proof of his being manumitted there.
- Duty of masters to servants
- Restriction as to correction
VII. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That all masters and owners of servants, shall find and provide for their servants, wholesome and competent diet, clothing, and lodging, by the discretion of the county court; and shall not, at any time, give immoderate correction; neither shall, at any time, whip a christian white servant naked, without an order from a justice of the peace: And if any, notwithstanding this act, shall presume to whip a christian white servant naked, without such order, the person so offending, shall forfeit and pay for the same, forty shillings sterling, to the party injured: To be recovered, with costs, upon petition, without the formal process of an action, as in and by this act is provided for servants complaints to be heard; provided complaint be made within six months after such whipping.
- Complaints of servants, how redressed
- Remedy on second complaint
VIII. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That all servants, (not being slaves,) whether imported, or become servants of their own accord here, or bond by any court or church-wardens, shall have their complaints received by a justice of the peace, who, if he find cause, shall bind the master over to answer the complaint at court; and it shall be there determined: And all complaints of servants, shall and may, by virtue hereof, be received at any time, upon petition, in the court of the county wherein they reside, without the formal process of an action; and also full power and authority is hereby given to the said court, by their discretion, (having first summoned the masters or owners to justify themselves, if they think fit,) to adjudge, order, and appoint what shall be necessary, as to diet, lodging, clothing, and correction: And if any master or owner shall not thereupon comply with the said court’s order, the said court is hereby authorised and impowered, upon a second just complaint, to order such servant to be immediately sold at an outcry, by the sheriff, and after charges deducted, the remainder of what the said servant shall be sold for, to be paid and satisfied to such owner.
- Sick and disabled servants, how provided for
IX. Provided always, and be it enacted, That if such servant be so sick and lame, or otherwise rendered so uncapable, that he or she cannot be sold for such a value, at least, as shall satisfy the fees, and other incident charges accrued, the said court shall then order the church-wardens of the parish to take care of and provide for the said servant, until such servant’s time, due by law to the said master, or owner, shall be expired, or until such servant, shall be so recovered, as to be sold for defraying the said fees and charges: And further, the said court, from time to time, shall order the charges of keeping the said servant, to be levied upon the goods and chattels of the master or owner of the said servant, by distress.
- Servants wages, how recovered
X. And be it also enacted, That all servants, whether, by importation, indenture, or hire here, as well feme coverts, as others, shall, in like manner, as is provided, upon complaints of misusage, have their petitions received in court, for their wages and freedom, without the formal process of an action; and proceedings, and judgment, shall, in like manner, also, be had thereupon.
- Negroes, &c. disabled from purchasing servants
- Intermarrying with such
XI. And for a further christian care and usage of all christian servants, Be it also enacted, by the authority aforesaid, and it is hereby enacted, That no negros, mulattos, or Indians although christians, or Jews, Moors, Mahometans, or other infidels, shall, at any time, purchase any christian servant, nor any other, except of their own complexion, or such as are declared slaves by this act: And if any negro, mulatto, or Indian, Jew, Moor, Mahometan, or other infidel, or such as are declared slaves by this act, shall, notwithstanding, purchase any christian white servant, the said servant shall, ipso facto, become free and acquit from any service then due, and shall be so held, deemed, and taken: And if any person, having such christian servant, shall intermarry with any such negro, mulatto, or Indian, Jew, Moor, Mahometan, or other infidel, every christian white servant of every such person so intermarrying, shall, ipso facto, become free and acquit from any service then due to such master or mistress so intermarrying, as aforesaid.
- Contracts of masters with their servants void unless approved in court
- Property in goods
- Sick, not to be discharged
XII. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That no master or owner of any servant shall during the time of such servant’s servitude, make any bargain with his or her said servant for further service, or other matter or thing relating to liberty, or personal profit, unless the same be made in the presence, and with the approbation, of the court of that county where the master or owner resides: And if any servants shall, at any time bring in goods or money, or during the time of their service, by gift, or any other lawful ways or means, come to have any goods or money, they shall enjoy the propriety thereof, and have the sole use and benefit thereof to themselves. And if any servant shall happen to fall sick or lame, during the time of service, so that he or she becomes of little or no use to his or her master or owner, but rather a charge, the said master or owner shall not put away the said servant, but shall maintain him or her, during the whole time he or she was before obliged to serve, by indenture, custom, or order of court: And if any master or owner, shall put away and such sick or lame servant, upon pretence of freedom, and that servant shall become chargeable to the parish, the said master or owner shall forfeit and pay ten pounds current money of Virginia, to the church-wardens of the parish where such offence shall be committed, for the use of the said parish: To be recovered by action of debt, in any court of record in this her majesty’s colony and dominion, in which no essoin, protection or wager of law, shall be allowed.
- Freedom dues
XIII. And whereas there has been a good and laudable custom of allowing servants corn and cloaths for their present support, upon their freedom; but nothing in that nature ever made certain, Be it also enacted, by the authority aforesaid, and it is hereby enacted, That there shall be paid and allowed to every imported servant, not having yearly wages, at the time of service ended, by the master or owner of such servants, viz: To every male servant, ten bushels of indian corn, thirty shillings in money, or the value thereof, in goods, and one well fixed musket or fuzee, of the value of twenty shillings, at least: and to every woman servant, fifteen bushels of indian corn, and forty shillings in money, or the value thereof, in goods: Which, upon refusal, shall be ordered, with costs, upon petition to the county court, in manner as is herein before directed, for servants complaints to be heard.
- Penalty on servants resisting their masters
XIV. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That all servants shall faithfully and obediently, all the whole time of their service, do all their masters or owners just and lawful commands. And if any servant shall resist the master, or mistress, or overseer, or offer violence to any of them, the said servant shall, for every such offence, be adjudged to serve his or her said master or owner, one whole year after the time, by indenture, custom, or former order of court, shall be expired.
- Penalty for dealing with servants, or slaves, without leave of their owners
XV. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That no person whatsoever shall buy, sell, or receive of, to, or from, any servant, or slave, any coin or commodity whatsoever, without the leave, licence, or consent of the master or owner of the servant, or slave: And if any person shall, contrary hereunto, without the leave or licence aforesaid, deal with any servant, or slave, he or she so offending, shall be imprisoned one calender month, without bail or main-prize; and then, also continue in prison, until he or she shall find good security, in the sum of ten pounds current money of Virginia, for the good behaviour for one year following; wherein, a second offence shall be a breach of the bond; and moreover shall forfeit and pay four times the value of the things so bought, sold, or received, to the master or owner of such servant, or slave: To be recovered, with costs, by action upon the case, in any court of record in this her majesty’s colony and dominion, wherein no essoin, protection, or wager of law, or other than one imparlance, shall be allowed.
- Punishment by stripes
XVI. Provided always, and be it enacted, That when any person or persons convict for dealing with a servant, or slave, contrary to this act, shall not immediately give good and sufficient security for his or her good behaviour, as aforesaid: then, in such case, the court shall order thirty-nine lashes, well laid on, upon the bare back of such offender, at the common whipping-post of the county, and the said offender to be thence discharged of giving such bond and security.
- Servants may be whipped, in lieu of fines, for a breach of penal laws
XVII. And also be it enacted, by the authority aforesaid, and it is hereby enacted, and declared, That in all cases of penal laws, whereby persons free are punishable by fine, servants shall be punished by whipping, after the rate of twenty lashes for every five hundred pounds of tobacco, or fifty shillings current money, unless the servant so culpable, can and will procure some person or persons to pay the fine; in which case, the said servant shall be adjudged to serve such benefactor, after the time by indenture, custom, or order of court, to his or her then present master or owner, shall be expired, after the rate of one month and a half for every hundred pounds of tobacco; any thing in this act contained, to the contrary, in any-wise, notwithstanding.
- Women servants having bastards
- Duty of reputed father
- Master getting his servant with child
- Women servants having bastards by negros
- Or free women
- How long the child to be bound
XVIII. And if any woman servant shall be delivered of a bastard child within the time of her service aforesaid, Be it enacted, by the authority aforesaid, and it is hereby enacted, That in recompence of the loss and trouble occasioned her master or mistress thereby, she shall for every such offence, serve her said master or owner one whole year after her time by indenture, custom, and former order of court, shall be expired; or pay her said master or owner, one thousand pounds of tobacco; and the reputed father, if free, shall give security to the church-wardens of the parish where that child shall be, to maintain the child, and keep the parish indemnified; or be compelled thereto by order of the county court, upon the said church-wardens complaint: But if a servant, he shall make satisfaction to the parish, for keeping the said child, after his time by indenture, custom, or order of court, to his then present master or owner, shall be expired; or be compelled thereto, by order of the county court, upon complaint of the church-wardens of the said parish, for the time being. And if any woman servant shall be got with child by her master, neither the said master, nor his executors administrators, nor assigns, shall have any claim of service against her, for or by reason of such child; but she shall, when her time due to her said master, by indenture, custom or order of court, shall be expired, be sold by the church-wardens, for the time being, of the parish wherein such child shall be born, for one year, or pay one thousand pounds of tobacco; and the said one thousand pounds of tobacco, or whatever she shall be sold for, shall be emploied, by the vestry, to the use of the said parish. And if any woman servant shall have a bastard child by a negro, or mulattos, over and above the years service due to here master or owner, she shall immediately, upon the expiration of her time to her then present master or owner, pay down to the church-wardens of the parish wherein such child shall be born, for the use of the said parish, fifteen pounds current money of Virginia, or be by them sold for five years, to the use aforesaid: And if a free christian white woman shall have such bastard child, by a negro, or mulatto, for every such offence, she shall, within one month after her delivery of such bastard child, pay to the church-wardens for the time being, of the parish wherein such child shall be born, for the use of the said parish fifteen pounds current money of Virginia, or be by them sold for five years to the use aforesaid: And in both the said cases, the church-wardens shall bind the said child to be a servant, until it shall be of thirty one years of age.
XIX. And for a further prevention of that abominable mixture and spurious issue, which hereafter may increase in this her majesty’s colony and dominion, as well by English, and other white men and women intermarrying with negros or mulattos, as by their unlawful coition with them, Be it enacted, by the authority aforesaid, and it is hereby enacted, That whatsoever English, or other white man or woman, being free, shall intermarry with a negro or mulatto man or woman, bond or free, shall, by judgment of the county court, be committed to prison, and there remain, during the space of six months, without bail or mainprize; and shall forfeit and pay ten pounds current money of Virginia, to the use of the parish, as aforesaid.
- On ministers marrying them
XX. And be it further enacted, That no minister of the church of England, or other minister, or person whatsoever, within this colony and dominion, shall hereafter wittingly presume to marry a white man with a negro or mulatto woman; or to marry a white woman with a negro or mulatto man, upon pain of forfeiting and paying, for every such marriage the sum of ten thousand pounds of tobacco; one half to our sovereign lady the Queen, her heirs and successors, for and towards the support of the government, and the contingent charges thereof; and the other half to the informer: To be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record within this her majesty’s colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed.
- Freedom of servants to be recorded
- Penalty for entertaining them without certificate
- Runaways forging or stealing certificates
XXI. And because poor people may not be destitute of emploiment, upon suspicion of being servants, and servants also kept from running away, Be it enacted, by the authority aforesaid, and it is hereby enacted, That every servant, when his or her time of service shall be expired, shall repair to the court of the county where he or she served the last of his or her time, and there, upon sufficient testimony, have his or her freedom entered; and a certificate thereof from the clerk of the said court, shall be sufficient to authorise any person to entertain or hire such servant, without any danger of this law. And if it shall at any time happen, that such certificate is worn out, or lost, the said clerk shall grant a new one, and therein also recite the accident happened to the old one. And whoever shall hire such servant, shall take his or her certificate and keep it, ’till the contracted time shall be expired. And if any person whatsoever, shall harbour or entertain any servant by importation, or by contract, or indenture made here, not having such certificate, he or she so offending, shall pay to the master or owner of such servant, sixty pounds of tobacco for every natural day he or she shall so harbour or entertain such runaway: To be recovered, with costs, by action of debt, in any court of record within this her majesty’s colony and dominion, wherein, no essoin, protection, or wager of law, shall be allowed. And also, if any runaway shall make use of a forged certificate, or after the same shall be delivered to any master or mistress, upon being hired, shall steal the same away, and thereby procure entertainment, the person entertaining such servant, upon such forged or stolen certificate, shall not be culpable by this law: But the said runaway, besides making reparation for the loss of time, and charges in recovery, and other penalties by this law directed, shall, for making use of such forged or stolen certificate, or for such theft aforesaid, stand two hours in the pillory, upon a court day: And the person forging such certificate, shall forfeit and pay ten pounds current money; one half thereof to be to her majesty, her heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other half to the master or owner of such servant, if he or she will inform or sue for the same, otherwise to the informer: To be recovered, with costs, by action of debt, bill, plaint or information, in any court of record in this her majesty’s colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed. And if any person or persons convict of forging such certificate, shall not immediately pay the said ten pounds, and costs, or give security to do the same within six months, he or she so convict, shall receive, on his or her bare back, thirty-nine lashes, well laid on, at the common whipping post of the county; and shall be thence discharged of paying the said ten pounds, and costs, and either of them.
- Runaways hired on a forged certificate
XXII. Provided, That when any master or mistress shall happen to hire a runaway, upon a forged certificate, and a servant deny that he delivered any such certificate, the Onus Probandi shall lie upon the person hiring, who upon failure therein, shall be liable to the fines and penalties, for entertaining runaway servants, without certificate.
- Reward for taking up runaways
XXIII. And for encouragement of all persons to take up runaways, Be it enacted, by the authority aforesaid, and it is hereby enacted, That for the taking up of every servant, or slave, if ten miles, or above, from the house or quarter where such servant, or slave was kept, there shall be allowed by the public, as a reward to the taker-up, two hundred pounds of tobacco; and if above five miles, and under ten, one hundred pounds of tobacco: Which said several rewards of two hundred and one hundred pounds of tobacco, shall also be paid in the county where such taker-up shall reside, and shall be again levied by the public upon the master or owner of such runaway, for re-imbursement of the same to the public. And for the greater certainty in paying the said rewards and re-imbursement of the same to the public. And for the greater certainty in paying the said rewards and re-imbursement of the public, every justice of the peace before whom such runaway shall be brought, upon the taking up, shall mention the proper-name and sur-name of the taker-up, and the county of his or her residence, together with the time and place of taking up the said runaway; and shall also mention the name of the runaway, and the proper-name and sur-name of the master or owner of such runaway, and the county of his or her residence, together with the distance of miles, in the said justices’s judgment, from the place of taking up the said runaway, to the house or quarter where such runaway was kept.
- (Repealed by ch. 4, 1726)
XXIV. Provided, That when any negro, or other runaway, that doth not speak English, and cannot, or through obstinacy will not declare the name of his or her masters [master] or owner, that then it shall be sufficient for the said justice to certify the same, instead of the name of such runaway, and the proper name and sur-name of his or her master or owner, and the county of his or her residence and distance of miles, as aforesaid; and in such case, shall by his warrant, order the said runaway to be conveyed to the public gaol, of this country, there to be continued prisoner until the master or owner shall be known; who, upon paying the charges of the imprisonment, or giving caution to the prison-keeper for the same, together with the reward of two hundred or one hundred pounds of tobacco, as the case shall be, shall have the said runaway restored.
- Runaways to be sent from constable to constable and whipt
XXV. And further, the said justice of the peace, when such runaway shall be brought before him, shall, by his warrant commit the said runaway to the next constable, and therein also order him to give the said runaway so many lashes as the said justice shall think fit, not exceeding the number of thirty-nine; and then to be conveyed from constable to constable, until the said runaway shall be carried home, or to the country gaol, as aforesaid, every constable through whose hands the said runaway shall pass, giving a receipt at the delivery; and every constable failing to execute such warrant according to the tenor thereof, or refusing to give such receipt, shall forfeit and pay two hundred pounds of tobacco to the church-wardens of the parish wherein such failure shall be, for the use of the poor of the said parish: To be recovered, with costs, by action of debt, in any court of record in this her majesty’s colony and dominion, wherein no essoin, protection or wager of law, shall be allowed. And such corporal punishment shall not deprive the master or owner of such runaway of the other satisfaction here in this act appointed to be made upon such servant’s running away.
- How transported over the bay
- Sheriff’s fee
XXVI. Provided always, and be it further enacted, That when any servant or slave, in his or her running away, shall have crossed the great bay of Chesapeak, and shall be brought before a justice of the peace, the said justice shall, instead of committing such runaway to the constable, commit him or her to the sheriff, who is hereby required to receive every such runaway, according to such warrant, and to cause him, her, or them, to be transported again across the bay, and delivered to a constable there; and shall have, for all his trouble and charge herein, for every such servant or slave, five hundred pounds of tobacco, paid by the public; which shall be re-imbursed again by the master or owner of such runaway, as aforesaid, in manner aforesaid.
- Runaways crossing the bay
XXVII. Provided also, That when any runaway servant that shall have crossed the said bay, shall get up into the country, in any county distant from the bay, that then, in such case, the said runaway shall be committed to a constable, to be conveyed from constable to constable, until he shall be brought to a sheriff of some county adjoining to the said bay of Chesapeak, which sheriff is also hereby required, upon such warrant, to receive such runaway, under the rules and conditions aforesaid; and cause him or her to be conveyed as aforesaid; and shall have the reward, as aforesaid.
- Penalty on sheriff’s suffering runaways to work
XXVIII. And for the better preventing of delays in returning of such runaways, Be it enacted, That if any sheriff, under sheriff, or other officer of, or belonging to the sheriffs, shall cause or suffer any such runaway (so committed for passage over the bay) to work, the said sheriff, to whom such runaway shall be so committed, shall forfeit and pay to the master or owner, of every such servant or slave, so put to work, one thousand pounds of tobacco; To be recovered, with costs, by action of debt, bill, plaint, or information, in any court of records within this her majesty’s colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed.
- Suffering to escape
XXIX. And be it enacted, by the authority aforesaid, and it is hereby enacted, That if any constable, or sheriff, into whose hands a runaway servant or slave shall be committed, by virtue of this act, shall suffer such runaway to escape, the said constable or sheriff shall be liable to the action of the party grieved, for recovery of his damages, at the common law with costs.
- Runaways to repay all expences
- To be allowed by county court
XXX. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That every runaway servant, upon whose account, either of the rewards aforementioned shall be paid, for taking up, shall for every hundred pounds so paid by the master or owner, serve his or her said master or owner, after his or her time by indenture, custom, or former order of court, shall be expired, one calendar month and an half, and moreover, shall serve double time such servant shall be absent in such running away; and shall also make reparation, by service, to the said master or owner, for all necessary disbursements and charges, in pursuit and recovery of the said runaway; to be adjudged and allowed in the county court, after the rate of one year for eight hundred pounds of tobacco, and so proportionably for a greater or lesser quantity.
- Proviso
XXXI. Provided, That the masters or owners of such runaways, shall carry them to court the next court held for the said county, after the recovery of such runaway, otherwise it shall be in the breast of the court to consider the occasion of delay, and to hear, or refuse the claim, according to their discretion, without appeal, for the refusal.
- Penalty for permitting slaves of others to remain on a plantation
XXXII. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That no master, mistress, or overseer of a family, shall knowingly permit any slave, not belonging to him or her, to be and remain upon his or her plantation, above four hours at any one time, without the leave of such slave’s master, mistress, or overseer, on penalty of one hundred and fifty pounds of tobacco to the informer; cognizable by a justice of the peace of the county wherein such offence shall be committed.
- Runaway servants may give security to repay expenses
XXXIII. Provided also, That if any runaway servant, adjudged to serve for the charges of his or her pursuit and recovery, shall, at the time, he or she is so adjudged, repay and satisfy, or give good security before the court, for repaiment and satisfaction of the same, to his or her master or owner, within six months after, such master or owner shall be obliged to accept thereof, in lieu of the service given and allowed for such charges and disbursements.
- Killing slaves, under correction, no felony
- Penalty on slave resisting a white person
XXXIV. And if any slave resist his master, or owner, or other person, by his or her order, correcting such slave, and shall happen to be killed in such correction, it shall not be accounted felony; but the master, owner, and every such other person so giving correction, shall be free and acquit of all punishment and accusation for the same, as if such accident had never happened: And also, if any negro, mulatto, or Indian, bond or free, shall at any time, lift his or her hand, in opposition against any christian, not being negro, mulatto, or Indian, he or she so offending, shall, for every such offence, proved by the oath of the party, receive on his or her bare back, thirty lashes, well laid on; cognizable by a justice of the peace for that county wherein such offence shall be committed.
- Guns, &c. found in possession of slaves
- Horses, &c. belonging to slaves may be seized
- Owners of slaves, at a quarter, without an overseer liable for their trespasses
XXXV. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That no slave go armed with gun, sword, club, staff, or other weapon, nor go from off the plantation and seat of land where such slave shall be appointed to live, without a certificate of leave in writing, for so doing, from his or her master, mistress, or overseer: And if any slave shall be found offending herein, it shall be lawful for any person or persons to apprehend and deliver such slave to the next constable or head-borough, who is hereby enjoined and required, without further order or warrant, to give such slave twenty lashes on his or her bare back, well laid on, and so send him or her home: And all horses, cattle, and hogs, now belonging, or that hereafter shall belong to any slave, or of any slaves mark in this her majesty’s colony and dominion, shall be seised and sold by the church-wardens of the parish, wherein such horses, cattle, or hogs shall be, and the profit thereof applied to the use of the poor of the said parish: And also, if any damage shall be hereafter committed by any slave living at a quarter where there is no christian overseer, the master or owner of such slave shall be liable to action for the trespass and damage, as if the same had been done by him or herself.
XXXVI. And also it is hereby enacted and declared, That baptism of slaves doth not exempt them from bondage; and that all children shall be bond or free, according to the condition of their mothers, and the particular directions of this act.
- When they may be killed
- When may be dismembered
XXXVII. And whereas, many times, slaves run away and lie out, hid and lurking in swamps, woods, and other obscure places, killing hogs, and committing other injuries to the inhabitants of this her majesty’s colony and dominion, Be it therefore enacted, by the authority aforesaid, and it is hereby enacted, That in all such cases, upon intelligence given of any slaves lying out, as aforesaid, any two justices (Quorum unus) of the peace of the county wherein such slave is supposed to lurk or do mischief, shall be and are impowered and required to issue proclamation against all such slaves, reciting their names, and owners names, if they are known, and thereby requiring them, and every of them, forthwith to surrender themselves: and also impowering the sheriff of the said county, to take such power with him, as he shall think fit and necessary, for the effectual apprehending such out-lying slave or slaves, and go in search of them: Which proclamation shall be published on a Sabbath day, at the door of every church and chapel, in the said county, by the parish clerk, or reader, of the church, immediately after divine worship: And in case any slave, against whom proclamation hath been thus issued, and once published at any church or chapel, as aforesaid, stay out, and do not immediately return home, it shall be lawful for any person or persons whatsoever, to kill and destroy such slaves by such ways and means as he, she, or they shall think fit, without accusation or impeachment of any crime for the same: And if any slave, that hath run away and lain out as aforesaid, shall be apprehended by the sheriff, or any other person, upon the application of the owner of the said slave, it shall and may be lawful for the county court, to order such punishment to the said slave, either by dismembring, or any other way, not touching his life, as they in their discretion shall think fit, for the reclaiming any such incorrigible slave, and terrifying others from the like practices.
- Value of slaves killed, to be repaid by the public
XXXVIII. Provided always, and it is further enacted, That for every slave killed, in pursuance of this act, or put to death by law, the master or owner of such slave shall be paid by the public:
- Court of claims to certify the value
XXXIX. And to the end, the true value of every slave killed, or put to death, as aforesaid, may be the better known; and by that means, the assembly the better enabled to make a suitable allowance thereupon, Be it enacted, That upon application of the master or owner of any such slave, to the court appointed for proof of public claims, the said court shall value the slave in money, and the clerk of the court shall return a certificate thereof to the assembly, with the rest of the public claims.
- This act to be registered in each parish, and read
XL. And for the better putting this act in due execution, and that no servants or slaves may have pretense of ignorance hereof, Be it also enacted, That the church-wardens of each parish in this her majesty’s colony and dominion, at the charge of the parish, shall provide a true copy of this act, and cause entry thereof to be made in the register book of each parish respectively; and that the parish clerk, or reader of each parish, shall, on the first sermon Sundays in September and March, annually, after sermon or divine service is ended, at the door of every church and chapel in their parish, publish the same; and the sheriff of each county shall, at the next court held for the county, after the last day of February, yearly, publish this act, at the door of the court-house: And every sheriff making default herein, shall forfeit and pay six hundred pounds of tobacco; one half to her majesty, her heirs, and successors, for and towards the support of the government; and the other half to the informer. And every parish clerk, or reader, making default herein, shall, for each time so offending, forfeit and pay six hundred pounds of tobacco; one half whereof to be to the informer; and the other half to the poor of the parish, wherein such omission shall be: To be recovered, with costs, by action of det, bill, plaint, or information, in any court of record in this her majesty’s colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed.
- Repealing clause
XLI. And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to servants and slaves, or to any other matter or thing whatsoever, within the purview of this act, is and are hereby repealed, and made void, to all intents and purposes, as if the same had never been made. (Chapter XLIX, Hening’s Statutes, III:447-462.)
October 1710 (9 Anne)
An act for raising a Public Revenue for the better support of the Government of her Majesty’s Colony and Dominion of Virginia
- Duty of 6d. per poll, on all passengers, servants and slaves
I. WHEREAS a great and continual charge is required for the maintenance of the governor, and several other officers and persons, as also for forts and fortifications; besides that, there are many other contingent expences, absolutely necessary for the support of the government of this her Majesty’s colony and dominion:
… VII. And be it also further enacted, by the authority aforesaid, and it is hereby enacted, That every ship or vessel, which shall at any time hereafter come into any port, creek, harbour, or road, within this colony and dominion, and shall be there entered, in order to unlade and put on shore goods, merchandizes, passengers, servants, or slaves, shall pay six pence per poll for every passenger, servant, slave, or other person imported in her, the mariners belonging to, and in actual pay of the said ship or vessel, and every of them, excepted. … (Chapter V, Hening’s Statutes, III:490-495.)