Full Transcript
Be it enacted by His Excellency Christopher Codrington Esquire the Chief Governor by and with the advice and consent of the Councill and assembly of this island that noe Person whatsoever shall give leave on the Sabbath day to any Slave under him, or her care, charge, or ownership unless Such as usually wait on their Person, or in Liveries, to go out of their Plantations without a ticket, or white Servant with them on which ticket is to be expressed the names, and numbers, and alsoe to and from what Place on penalty of paying (for takeing up such Slave or Slaves as Run aways) three Shillings.
And bee it further enacted by the authority aforesaid that any Person whoe shall take up any Slave or Slaves belonging to another, and shall keep the said Slave or Slaves in his or their custody, or Plantation longer than twenty four hours without Sending the said Slave, or Slaves to the owner or owners they belong to, if he or they can any waie know them, or without delivering the said Slave, or Slaves to the Provost Marshall of this Island for the time being, Shall for every day each Slave shall be kept, or entertained by him, or them after the first twenty four hours, forfeit twelve Shillings per diem. And if the said Slave be of any Trade, twenty four Shillings per diem, for each day such Slave, or Slaves shall be by him or them knowingly entertained or employed. If under Six pounds, to be recovered before any two justices, as in and by the acts of Courts is directed for Servants recovering their wages between the months of August and March; if above by action debt and Common Law, in which noe protection Essoine or wages of Law shall be allowed and if any Person Shall privately [illegible], entice, or persuade any Slave or Slaves being in quiet possession of another, out of his or their custody, by any encouragement or inducements whatsoever, Shall be lyable to the same penalty of every day the said Slave, or Slaves Shall by their meanes, or procurement, [illegible] each their owners or masters Service, as incase of entertaining a Run away longer than twenty four hours, to be recovered after the same manner. But incase any Person shall intentionally [sic], or by force or otherwise take any Persons Slave or Slaves out of his, or their Plantation, or custody Shall be deemed guilty of Robbery, and indicted as in case of Robbery. And incase any Person or Persons shall take any Slave, or Slaves, or endeavour to carry off from this Island, or delude away from their Owners, shall be guilty of Fellony, and excluded the benefit of his Clergy.
And bee it further enacted by the authority aforesaid that any Person who Shall deal with any Slave, or Slaves for any Sugar, Cotton or tobacco or any other goods whatsoever without leave given from the Owner of said Slave or Slaves, [illegible] by a note, or some white Person Which note or white Person Shall specify what goods he shall soe sell, and the quantity, and that none presume to deal with any Slave otherwise than as is before directed under the penalty that Such Person soe offending Shall be found over by the next Justice to the good behaviour until the next Session of the Peace or generall Sessions, and those to be fined, or receive Such other punishment as the Justice shall think convenient and that all Negroes who Shall (though with a ticket, or other to and from their Owners or possessors) sell any thing in any of the Townes on the Lords day, he or they shall be taken up, and whipt, and paid for as Runaways, if not returned, or goeing to their respective masters by ten of the Clock, to the intent that all opportunities of idleness, and Robbery may be taken away. And if any Sturdy Slave Should impudently Strick or oppose any white Person, any Justice upon complaint or proof made, Shall order a Constable to cause Such to be Publickly whipt at their discretion. And if any Such Person be any ways hurt, wounded or disfigured by any Slaves resistance, such offending Slave or Slaves Shall have their nose Slit, or any member cutt off, or be punished with death at the discretion of two Justices, alwaies excepting that such Slave doe not the same by his or her owner, or masters order, or in defence of his or her Person or goods. And it shall be Lawfull for all Persons to take away from any Slave any hurtfull clubs, or other mischievous weapons whatsoever, unless goods to defend.
And Bee it enacted by the authority aforesaid that the Provost Marshall of this Island, or Deputy Shall be obliged to receive all Run aways brought to him into his custody and shall pay the Bringers three Shillings for takeing said Run aways, and [illegible] mile for as many miles as said Negro is brought to the goal from the Place taken at. And the said marshall is to keep the said Slave or Slaves in safe custody, and [illegible] at the Prison doors shall insert the names of Negroes in his custody, their age, and their Master's names (if knowne) against the said Negroes names belonging to him. And in case the said marshall faults to pay the said Bringer, or receive the Slave or Slaves brought, or to put up their names, he shall forfeit five pounds for every Such fault, to be recovered before a Justice. And in case the said marshall shall willfully or neglectfully Suffer an escape any way whatsoever of the slave by him received, or imploy him in any work, he shall pay the Owner as in case of any Persons detaining anothers Slaves above twenty four hours, until such Slave be delivered the owner, or forfeit fifty pounds Current money. And in case any Slave perish in custody for want, he shall forfeit fifty pounds like money. The marshall to have three Shillings for takeing each Slave unto custody and twelve pence each twenty four hours that Slave lyes in prison as alsoe upon the Marshalls delivery of any Slave or Slaves to his owner, or possessor the Sum of three Shillings, besides nine pence [illegible] which the Bringer of said Slave or Slaves has received from the Provost Marshall, or his Deputy. And if any Slave, or Slaves lye as long as three months, such Slave or Slaves are to be taken out and sold at outcry for the fees, by order of two Justices of the Peace, and the overplus, if any be, after the paying the aforesaid fees, and all the above mentioned charges shall be returned to the Owner, and for want of knowing such owner to the Treasurer for the time being, to remain to the use of the Publick till the Owner Shall appear. And the Provost marshall or his Deputy shall be obliged upon oath to account and pay once every year at least unto the Treasurer for the time being, all such [illegible], such Negro Slave, or Slaves, or other Slaves shall be sold for, on forfeiture for every Such neglect for not accounting and paying the said money where noe Owner is to be found, after [illegible] just fees and charges of Sale are deducted, twenty pound for the use of the Publick of this Island to be recovered as hereafter set downe in this act.
And be it also enacted by the authority aforesaid, that any Person takeing up a Runaway and knowing his master, either by the Slaves confession or otherwise, Shall on penalty of forfeiture of forty Shillings carry Such Slave soe known, or cause him to be carried to his master, or owner and not to the goale, or Marshall, unless the owner be unknown to him, and if any owner or Master shall refuse to pay three Shillings for takeing such Slave up, and nine pence per mile for the distance he was taken up at (being brought to him) shall besides the said fees, forfeit forty Shillings. And if any marshall or Deputy Shall tarry to deliver any Slave in his custody on tender of his dues, fees, & disbursments, he shall loose his fees, and forfeit forty Shillings besides each refusall, and pay as in case of wrong detaining anothers Slave for each day detained. And it is further enacted by the authority aforesaid, that on complaint made to any Justice of any crime done by any Slave, or Slaves, Such Justice shall Issue him warrant for apprehending the offenders, and for all Evidences, if said Justice find such crime not capital, he may appoint Publick correction of Such Slave according to discretion, & award satisfaction to the Parties injured not exceeding Six pounds. But if the crime be hainious, or the damage greater than Six Pounds, then the Justice shall commit the said offender to Prison or take Security at his discretion, and then appoint a day for the witness to appear. Which crime, day and time Such Justice is to certify to the next neighbouring justice, who shall joine with the aforesaid Justice at the time and day appointed as aforesaid. Which said two Justices, according to the evidences that shall be given before them, Shall give sentence as the crime deserveth and the Said Justices Shall forthwith Issue out their warrants for executing said Sentence, and Such Justices may if they See fit, condemne any Slave, to the Party injured until the Owners pay Such damage as shall be by them adjudged to be paid to any Person injured. And any Justice whoe Shall neglect his duty herein enjoined Shall forfeit for each time offending twenty pounds. But incase more than one Slave be combining in a crime, it is at the discretion of Such Justices to adjudge one to death for examples sake, and save the rest, & to command the Owners to contribute in proportion for the Slave dying, to his Owner, as they judge the value, and on refusal of payment Such Justices are to Issue execution on their goods and Chattles, and Sell them at Publick outcry, to satisfy the money by them soe appointed to be paid or contributed. And it is further enacted by the authority aforesaid that if any Slave loose life or limb by punishment for a crime, by his master or the Justices order noe person shall be Lyable to the Law for the same.
And Where as an act Entituled an act for Bringing in Runaway Negroes and encouragement of Such whoe Shall bring them in, dated the eighth day of February one thousand Six hundred eighty one confirmed by King Charles the Second of blessed memory, It was there provided by a clause in said act, That what Negroes or other Slave should absent themselves from their master, or mistress service for the space of three months or upwards Shound be punished with death. And Whereas the said clause in the said Acte by experience is sometimes found to sever by reason of now ignorant Slaves. Bee it therefore Enacted by the authority aforesaid that this clause is repealed, made null, and void , and for the future Bee it enacted that what Slave Soever Shall absent Themselves from their master, or mistress Service during the Space of three months, or upwards Shall be punished with death, Loss of limb, or member, or publick whipping at the discretion of two Justices of the Peace whom thee offending Slaves shall be brought before. And be it enacted by the authority aforesaid that the owners of Such Slave or Slaves as Shall be punished with death for the offence aforesaid, Shall be satisfyed for the loss of Such Slave eighteen hundred pounds current money to be paid out of the Publick Treasury of this Island. And be it further enacted by the authority aforesaid that upon any Publick punishments that Shall by Sentence of any Justice or Justices be inflicted by virtue of this act, the charge incident thereto Shall be borne by the Publick, and paid by the Treasurer, by order of the said Justice, or Justices, provided the Sum exceed not five pounds Current money. And be it further enacted by the authority aforesaid, that if any person kill a Slave stealing or in pursuit of him being a Runaway, and refuse to Submitt, such Person shall not be lyable to any prosecution at Law, any Law, Custom, or usage to the contrary notwithstanding. And Bee it further enacted by the authority aforesaid, that if any Person whatsoever Shall sell any Rumm to a Slave on the Sabbath day, or any Sort of dry goods by barter, or otherways, he shall forfeit three pounds Current money for each offence. And it is further enacted by the authority aforesaid, that all penaltyes mentioned in this act, and not Issued how to be recovered and disposed of, if not more than Six pounds money, Shall be levied by a Justices warrant Issued to a Constable, who is on penalty of fourty Shillings for each refusall, to execute all warrants, and other precepts directed to him, and to receive for his pains eight percent out of the said forfeiture, and at above Six pounds to be recovered by action of debt in any Court of Record in this Island, and Shall be one half to the King for the use of the Publick of this Island, the other half to the Informer, or Person Sueing for the same. And Bee it further enacted by the authority aforesaid that all free Negroes, Molattoes, or Indians not having Lands, Shall be obliged in thirty days after the date hereof, to choose some Master or Mistress to live with, who shall be owned by them, and with whom they Shall live, and take their abode, to the intent their lives and conversations may be known to be called their respective duties. And if any free Person not being a White, Shall presume to strick a white Servant, he Shall be by order of the next Justice, on proof of his Sticking, Severly whipt at the discretion of said Justice, and that all Persons who are not whites, and are fit to go out to trades, Shall be bound apprentice to any Person that will receive them for Seaven years, unless they choose a Master or Mistress to be bound to by the next Justice whoe Shall be informed of Such Persons, and whoe is immediately to cause them to be bound in ten daies after Such information, to any willing to receive them, on penalty of forfeiting ten pounds. And Bee it enacted by the authority aforesaid that for the future noe free Negro shall be Owner or possessor or more than eight acres of Land, and in noe case shall be deemed and accounted a freeholder. Alwaies provided that if any Negro ever be possessor of more than eight acres of Land in his own right, may within Six months make sale of the overplus of said Land, and for want of makeing Sale of said Land in the aforetime, the said overplus above eight acres to be forfeited to the Queen. And Bee it further enacted by the authority aforesaid if any minister of this Island shall marry any free Person to any Slave in this Island, Such minister shall forfeit to the use of the Publick fifty pound Currant money to be recovered by warrant under the hand of the Governor in Chief, Deputy Governor, or President for the time being of said Island in nature of an Execution directed to the Provost Marshall of this Island, whoe shall leavy the same. And Bee it further enacted by the authority aforesaid that the said free Person soe marrying Such Slave shall pay to the Owner of the Slave he hath married the Sum of twenty pounds, or be obliged by order of two Justices to Serve four years. All the abovesaid forfeitures to be to the same uses, and recovered after the same manner as before [illegible] in this act. And it is further enacted by the authority aforesaid that if any white Person shall Strike, beate, or otherwise abuse any free Negroe, Indian or molatto, on proofe thereof made to any Justice of the Peace, he shall be bound over to the Sessions, and be punished at the discretion of the Justices then sitting, any Law or usage to the contrary notwithstanding. Dated the twenty eighth of June Seventeen hundred and two. And in the first year of the Reign of Queen Anne over England, Scotland, France and Ireland, etc.
Which said Laws have been perused and considered by the Lords Commisioners of Trade and Plantations, & presented by their Lordships to this board, with their opinion that the said Laws be confirmed. Her majesty is graciously [illegible] with the advice of Her Privy Councill to declare her approbation of the said Laws and in pursuance to Her Majesty’s Royall pleasure thereupon, the said Laws are hereby confirmed finally enacted, and ratified accordingly.
Source
Date
Location
Citation
Download Original
Laws of Enslavement and Freedom in the Anglo-Atlantic World © 2023 by Stefanie Hunt-Kennedy is marked with CC0 1.0.