Pages 419-441 
|  Pages 462-481
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| Pages 419-441
| Pages 462-481
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| CHAP. XLVIII. An act concerning Marriages. | |
| 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 minister or ministers shall celebrate the rights of matrimony between any persons, or join them together as man and wife, without lawful licence, or thrice publication of the banns according as the rubric in the common prayer book prescribes, which enjoins, that if the persons to be married, dwell in several parishes; and that the curate of the one parish shall not solemnize the matrimony until he have a certificate from the curate of the other parish, that the banns have been thrice published, and no objection made against the parties joining together: And if any minister or ministers shall, contrary to the true intent and meaning of this act, celebrate the rites of matrimony any persons, or otherwise join them | Ministers not to marry, without license or publication of
banns. In what form. |
| in marriage, he or they so offending, shall, for every such offence, be imprisoned without bail or mainprize, by the space of one whole year; and also shall forfeit and pay five hundred pounds current money of Virginia: And if any minister, contrary to the true intent and meaning of this act, shall go out of this her majesty's colony and dominion, and there join together in matrimony, any person or persons belonging to this country, without such licence or publication of banns, as is here in prescribed, every minister so offending, shall incur the same penalties and forfeitures, as if the same had been done in this colony. | Penalty. |
| II. Provided always, and be it enacted, by the authority aforesaid, That where any parish or parishes have not a minister, it shall and may be lawful for the clerk or reader to publish the banns of matrimony between any persons desireing the same; and if no objection be made, to grant a certificate thereof, and such certificate shall be as sufficient for any minister to solemnize the rites of matrimony, as if the same had been signed, according to the directions herein before mentioned. | Banns, how published where no minister. |
| III. And be it also enacted, That if any minister, clerk or reader, shall grant a false certificate, he shall suffer one year's imprisonment, without bail or mainprize, and be fined five hundred pounds sterling, and shall also be liable to further punishment, as in case of forgery: And all such offences may be prosecuted, tried, and determined, in any court of record in this colony; which courts are hereby impowered to hold cognizance thereof, and to hear and determine the same, according to the course of common law; and upon conviction of the party accused, by confession, verdict, or otherwise, to award execution, and inflict the penalties provided by this act for the same: And in such case, the said offence may be alleged and laid in any county within this colony. | Penalty for granting a false certificate. |
| IV. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That all licences for marriage, shall be issued by the clerk of the court of that county where the feme shall have her usual residence, and by him only, and in such manner, and under such rules and directions as are herein mentioned and set down; (that is to say,) he shall take bond to our sovereign lady the Queen, her heirs and successors, with good surety, in | Licences, by whom issued. How obtained. |
| the penalty of fifty pounds current money of Virginia, under condition, that there is no lawful cause to obstruct the marriage, for which the licence shall be desired; and each clerk failing herein, shall forfeit and pay fifty pounds current money of Virginia: And if either of the persons intending to be married, shall be under the age of one and twenty years, and not theretofore married, the consent of the parent or guardian of every such person under the age of one and twenty years, shall be personally given before the said clerk, or signified under the hand and seal of the said parent or guardian, and attested by two witnesses: All which being done, the clerk shall write the licence, and shall certify specially the said bond: And if the persons, in the licence, or either of them, be under the age of one and twenty years, as aforesaid, he shall also certify the consent of the parent or guardian of such so under age, and the manner thereof, to the first justice in commission of the peace for that county, or to such other person as shall be thereto commissionated by the governor of this her majesty's colony and dominion, or commander in chief thereof, for the time being; which premises being performed, the said justice of the peace, or other person commissionated, as aforesaid, is hereby authorized, impowered, and required to sign and direct the said license: And a licence so obtained and signed, and no other whatsoever, is hereby declared to be a lawful licence, according to the true intent and meaning of this Act: And if any county clerk shall, in any other manner, issue any licence of marriage, or contrary to this act, make certificate for any licence of marriage; and if any person whatsoever shall sign or direct a licence of marriage, in any other manner, than is by this act permitted and allowed, or without such certificate from the county court clerk as is by this act prescribed, all and every person and persons so offending, shall be imprisoned without bail or mainprise, by the space of one whole year; and moreover, shall forfeit and pay five hundred pounds current money of Virginia. | By whom signed. Penalty on clerks, for breach of this law. |
| V. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That if any woman-kind, or maiden, of the age of twelve years or upwards, and under the age of sixteen years, shall contrary to the will or consent of her parent or guardian, and without | Penalty of females between 12 and 16 for marrying with out consent of parents, &c. or |
| publication of the banns, as aforesaid, consent and agree in her marriage with any person whatsoever; that then the next of kin to such woman-kind, or maiden, to whom the inheritance should descend or come, shall have right to enter upon and take possession of all the lands, tenements, hereditaments, and all other real estate whatsoever, which the said woman-kind, or maiden, at the time of her said woman-kind, or maiden, at the time of her said marriage and agreement, had in possession, reversion, or remainder; and have, hold, occupy, and enjoy the same, to him, and the representatives of his stock, with all the immunities and privileges thereto belonging, during the coverture: And that after the determination thereof, the said lands, tenements, hereditaments, and other real estate, and also the possessions, reversions, and remainders thereupon, with all the rights, immunities, and privileges thereto belonging, shall then immediately vest, remain and be in the said woman so agreed and married, as aforesaid, and her heirs, or such person or persons as should have enjoied the same, if this act had never been made, other than the person with whom she shall so consent in marriage; with power to them, and every of them, to re-enter and take possession of the same; any thing herein contained, to the contrary thereof, in any-wise, notwithstanding. | publication of banns. |
| VI. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That if any minister or reader shall wittingly publish, or cause or suffer to be published, the banns of matrimony, between any servants, or between any free person and a servant; or if a minister shall wittingly celebrate the rites of matrimony between any such, without a certificate from the master or mistress of every such servant, that it is done by their consent, he shall forfeit and pay ten thousand pounds of tobacco: And every servant so married, without the consent of his or her master or mistress, shall, for his or her said offence, serve his or her said master or mistress, their executors, administrators, or assigns, one whole year, after the time of service, by indenture or custom, is expired: And moreover, every person being free and so marrying with a servant, shall, for his or her said offence, forfeit and pay to the master or owner of such servant, one thousand pounds of tobacco, or well and faithfully serve the said master or owner of the said servant one whole year, in actual service. | Penalty on minister, for marrying servants without leave of
owner. On servants. On free person marrying with servant. |
| VII. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That the clerk of each county court, annually, in October, send to the governor, or commander in chief of this her majesty's colony and dominion, for the time being, an account of the marriage licences issued by him; and also shall deliver to the sheriff, or collector for the county, the account of the governor's dues for the said licenses, to be collected by the said sheriff, or collector, for the governor's use; and each clerk failing herein, to be fined one thousand pounds of tobacco. | List of marriage licences, annually to be returned to the
governor. His dues, how collected. |
| VIII. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That the fees upon the said marriages, be as follows, viz. | |
| To the governor, or commander in chief, for the time being, for each licence or marriage, twenty shillings, or two hundred pounds of tobacco. | Fees to governor. |
| To the clerk of the county court, issuing the same, five shillings, or fifty pounds of tobacco. | To Clerk. |
| To the minister, if by licence, twenty shillings, or two hundred pounds of tobacco; if by banns five shillings, or fifty pounds of tobacco. | To minister. |
| To the minister, or reader, for publishing banns and certifying the same, if required, one shilling and six-pence, or fifteen pounds of tobacco. | For publication of banns. |
| And that these, and every of these said fees, if not in ready money, shall be paid, at time of year, in tobacco, or the growth of he parish where the feme lives; and upon refusal of paiment, be leviable by distress, by such officer, or person, and in such manner as directed for clerks fees. | How collected. |
| IX. And be it enacted, by the authority aforesaid, and it is hereby enacted, That if the bridegroom live out of the county where the licence is granted, or if the clerk of the county court making out such licence, shall have ground to suspect, that the person taking out such licence intends to remove out of the county, before the time of paiment of the aforesaid dues, or is insolvent, the said clerk is hereby impowered and required, in such case, to demand and take bond of every such person or persons, with good security in the county, to pay all fees accruing due, by reason of such licence, at such time, and in such manner, as is herein before directed, | Clerk may demand security for fees. |
| and upon refusal of paiment, the said fees shall and may be levied on the estate of the security, by distress, as aforesaid. | |
| X. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That if any minister shall refuse to celebrate the rites of matrimony, for the fees herein set down and allowed him; or shall exact greater or other fees than are hereby allowed to the minister, he shall forfeit and pay, for every such offence, (that is to say,) four thousand pounds of tobacco, if the marriage was, or was to have been, by licence; and five hundred pounds of tobacco, if by banns: one moiety of all the fines, forfeitures, and penalties, in this act before mentioned, and not particularly appropriated, 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 moiety to him or them that will inform, or sue for the same: And 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. | Penalty for exceeding legal fees. |
| XI. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That if the minister or reader of any parish shall refuse to publish and certify the banns, for the fees herein set down, and allowed him; or shall exact greater or other fees, then are hereby allowed for the same, he shall, for ever offence, forfeit and pay to the party grieved, one hundred and fifty pounds of tobacco: To be recovered, with costs, before a justice of the peace. | Penalty for refusing to publish banns, &c. |
| XII. Provided always, That the minister serving the cure of any parish, shall have the benefit of the perquisites for marriages and funeral sermons in the said parish, (if he do not neglect or refuse to do the service thereof) although another minister be emploied to do the same. | Ministers entitled to all the fees of their parish. |
| XIII. 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 any 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. | Repealing clause. |
| CHAP. XLIX. An act concerning Servants and 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 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. | How long servants shall serve. |
| 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. | To have their age adjudged by the court. |
| 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. | When to produce their indentures. |
| 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 | Who shall be slaves. |
| 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. | |
| 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. | Penalty for importing and selling free persons as slaves. |
| 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. | Being in England no discharge from slavery. |
| 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. | Duty of masters to servants. Restriction as to correction. |
| 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 | Complaints of servants, how redressed. |
| 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. | Remedy on second complaint. |
| 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. | Sick and disabled servants, how provided for. |
| 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. | Servants wages, how recovered. |
| 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, | Negroes, &c. disabled from purchasing servants. |
| 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. | Intermarrying with such. |
| 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 | Contracts of masters with their servants void unless approved in
court. Property in goods. Sick, not to be discharged. |
| and dominion, in which no essoin, protection or wager of law, shall be allowed. | |
| 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. | Freedom dues. |
| 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 on servants resisting their masters. |
| 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 | Penalty for dealing with servants, or slaves, without leave of their owners. |
| 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. | |
| 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. | Punishment by stripes. |
| 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. | Servants may be whipped, in lieu of fines, for a breach of penal laws. |
| 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 | Women servants having bastards. Duty of reputed father. |
| 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. | Master getting his servant with child. Women servants having bastards by negros. Or free women. How long the child to be bound. |
| 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, | Penalty on white persons marrying with negroes. |
| 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. | |
| 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. | On ministers marrying them. |
| 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 | Freedom of servants to be recorded. Penalty for entertaining them without certificate. |
| 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 forging or stealing certificates. |
| 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 s ervants, without certificate | Runaways hired on a forged certificate. |
| 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 | Reward for taking up runaways. |
| 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. | |
| 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. | (Repealed by ch. 4, 1726.) |
| 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 | Runaways to be sent from constable to constable and whipt. |
| 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. | |
| 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. | How transported over the bay. Sheriff's fee. |
| 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. | Runaways crossing the bay. |
| XXVIII. And for the better preventing of delays in returning of such runaways, Be it enacted, That if any | Penalty on sheriff's suffering |
| 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. | runaways to work. |
| 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 | Suffering to escape. |
| 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. | Runaways to repay all expences. To be allowed by county court. |
| 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. | Proviso. |
| 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 | Penalty for permitting slaves of others to remain on a plantation. |
| 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. | |
| 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. | Runaway servants may give security to repay expenses. |
| 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. | Killing slaves, under correction, no felony. Penalty on slave resisting a white person. |
| 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 | Guns, &c. found in possession of slaves. Horses, &c. belonging to slaves may be seized. |
| 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. | Owners of slaves, at a quarter, without an overseer liable for
their trespasses. |
| 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. | Baptism of slaves. Children bond, or free, according to condition of their mothers. |
| 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 | Outlying slaves how apprehended. When they may be killed. When may be |
| 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. | dismembered. |
| 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: | Value of slaves killed, to be repaid by the public. |
| 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. | Court of claims to certify the value. |
| 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 | This act to be registered in each parish, and read. |
| 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. | |
| 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. | Repealing clause. |
| Pages 419-441
| Pages 462-481
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