Full Transcript
WHEREAS it has been found by Experience that the Laws now in Force for the better Government of Negroes and Slaves, and for punishing such as do withdraw from the Service of their Masters, have proved too mild and gentle to curb and restrain them, and that they have so abused the Lenity of the Laws, that great Numbers of them have deserted the Service of their Masters, and fled to the Mountains and Rocky Parts of this Island, and have armed and assembled themselves in Bands to oppose their Masters, and any that come in pursuit of them; and, in the Night-time, when they cannot be easily discovered or taken, do frequently commit divers Thefts and Robberies in the Plantations of this Island, to the insupportable Wrong and Damage of many of His Majesty’s good Subjects: And whereas they are daily inticing other Negroes to resort to and join with them, and it is much to be apprehended their Numbers will greatly increase, without the Aid of some Law to give extraordinary Encouragement for the taking their Chiefs or Ringleaders, and inflicting condign Punishment upon such as shall be taken: And whereas it is notorious that Sharper, a Negro Man, belonging to the Honourable Colonel Valentine Morris, and a Negro Man, called Africa, belonging to Mr. Henry Lyons, and one Negro Man, called Papa Will, belonging to Colonel John Gunthorpe, and also one other Negro Man, called Frank, belonging to Mr. Francis Carlile, have for a long Time past headed several armed fugitive Slaves, and do all that in them lies to intice other Negroes to desert their Master’s Service, and join with them, and have themselves committed, and been the Occasion of committing, many flagrant Thefts and Felonies:
II. We therefore Your Majesty’s most dutiful, loyal, and obedient Subjects, the Governor in Chief of all Your Majesty's Leeward Caribbee Islands in America, and the Council and Assembly of this Your Majesty’s Island of Antigua, humbly pray Your Sacred Majesty that it may be enacted and ordained, and be it, and it is hereby enacted by the Authority aforesaid, That the said Sharper, belonging to the Honourable Colonel Valentine Morris, and the said Africa, belonging to Mr. Henry Lyons, and the said Negro Man, called Papa Will, belonging to Colonel John Gunthorpe, and also the said Negro Man, called Frank, belonging to Mr. Francis Carlile, and every of them, be convicted and attainted of Felony, and they and every of them are hereby convicted and attainted of Felony, and shall suffer Pains of Death, by Virtue of a Warrant from any two Justices of the Peace of this Island, to the Provost Marshal or his Deputy, provided the said Sharper, belonging to the Honourable Colonel Valentine Morris, and the said Negro Man, belonging to Mr. Henry Lyons, called Africa, and the said Negro Mem, called Papa Will, belonging to Colonel John Gunthorpe, and also the said Negro Man, called Frank, belonging to Mr. Francis Carlile, do not return to their respective Duties within thirty Days after the Publication of this Act.
III. And for the encouraging the speedy taking the said Sharper, belonging to the Honourable Colonel Valentine Morris, and the said Negro Man, belonging to Mr. Henry Lyons, called Africa, and the said Negro Man, called Papa Will, belonging to Colonel John Gunthorpe, and the said Negro Man, called Frank, belonging to Mr. Francis Carlile, it is hereby further enacted by the Authority aforesaid, That if any Person or Persons, Free or Slaves, shall apprehend and take the said Sharper, belonging to the Honourable Colonel Valentine Morris, and the said Negro Man, belonging to Mr. Henry Lyons, called Africa, and the said Negro Man, called Papa Will, belonging to Colonel John Gunthorpe, and the said Negro Man, called Frank, belonging to Mr. Francis Carlile, or any of them, after the Expiration of the said thirty Days, and shall deliver their, or either of their Bodies, alive into the Custody of the Provost Marshal of this Island, or his lawful Deputy, or Gaol Keeper, or shall bring sufficient Proof that the said Person or Persons have, in pursuit of the same Negroes, or either of them, killed them, or either of them, such Person or Persons shall, for each of the said Negroes hereby attainted, and so taken or killed, receive, from the Treasurer of this Island for the Time being, twenty Pounds Current Money of this Island; and the Treasurer for the Time being, and his lawful Deputy, are hereby impowered and respired to pay the same, upon a Certificate thereof from the said Provost Marshal, or his lawful Deputy, attested by any one Justice of the Peace for this Island, and an Order thereupon, signed by the Chief Commander being upon this Island.
IV. And be it enacted by the Authority aforesaid, That if any Slave who hath been upon, or shall hereafter be upon this Island for the Space of one Year, shall absent or withdraw, or, being now runaway, absent, or withdrawn from his or her Master’s, Owner’s, or Renter’s Service, shall continue so absent and withdrawn for the Space of three Months from the Day of the Publication of this Act, or from the Time such Slave shall first absent, withdraw, or run away hereafter (the Months to be computed at twenty-eight Days each) or if any Slave or Slaves having been, or that shall be on this Island for the Space of one Year, shall hereafter withdraw, absent, or run away from his Master’s Service, at several Times within the Space of two Years, amounting in all to six Months, to be computed as aforesaid, all and every such Slave or Slaves shall be, and are hereby adjudged and declared to be guilty of Felony, and shall suffer Death as Felons.
V. Provided always nevertheless, That if any Slave or Slaves now absent, withdrawn, or runaway (except only those hereby expressly attainted and convicted of Felony by Name, and not returning within thirty Days from the Date hereof; and also except Jack a Negro Man, belonging to Giles Blizard an Infant, and Mimba a Negro Woman, belonging to Mary Blizard Widow, for the Crime of attempting to poison the same Infant) shall return and surrender him, her, or themselves to his, her, or their Master or Owner within three Months next ensuing the Day of the Publication of this Act, such Slave, so returning and surrendering, is and are hereby pardoned and acquitted of and from all Crime and Crimes (Murder only excepted) by him or them heretofore committed, or which shall be committed before Notice of this Act by him, her, or them had.
VI. And whereas Negroes sometimes upon slight or no Occasions run away and absent themselves in Gangs from the Service of their Masters, Mistresses, or Renters, to the ruining and impoverishing of them, and to the Terror and Danger of His Majesty’s good Subjects, Inhabitants of this Island; be it therefore enacted, and it is hereby enacted by the Authority aforesaid, That if any Negroes, being of the Age of sixteen Years, and upwards, shall hereafter absent or run away in any Number or Gang, amounting to ten in Number, or upwards, from any one Plantation to which such Slaves shall belong, and shall continue runaway or absent from their Service, as aforesaid, for ten Days or more, then one of the said Negroes, such as the [Justices] shall think the greatest Offender, shall suffer Death as a Felon.
VII. And whereas Complaints are frequently heard, that the Magistrates of this Island refuse or neglect, on Application made, to sit, hear, and determine Cases of Negroes, charged with Running- away for such Space of Time as amounts to a Felony, or with any other Felonies, by which Means the Laws are rendered ineffectual, and Negroes and Slaves grow more insolent and ungovernable; be it therefore hereby enacted by the Authority aforesaid, That if any Justice of the Peace in this Island shall hereafter refuse or neglect, upon Application to him made, immediately to take and use proper Measures for the TRIAL of any Slave or Slaves, and EFFECTUALLY TO FINISH SUCH TRIAL in ten Days after required, for any Felony committed by or charged upon any Slave whatsoever, either by running or absenting from his Master’s Service, or otherwise, or of any other Crime of lower Nature charged on any Negro or Slave whatsoever, such Justice shall forfeit twenty Pounds lawful Money of this Island, to be recovered by Action, Bill, Plaint, or Information in any of the Courts of Record within this Island, or by Indictment or Information before Justices of Oyer and Terminer, and Gaol Delivery, or Justices of Peace at their Sessions; one Moiety to the Prosecutor or Informer, and the other Moiety to the Use of His Majesty, His Heirs, and Successors, to be paid into the Publick Treasury of this Island, towards carrying on the Fortifications thereof; and the Party prosecuting shall recover his full Cost of Suit; and in such Action, Bill, Plaint, or Information, no Essoign, Protection, or Wager of Law, shall be allowed.
VIII. And be it enacted by the Authority aforesaid, That if any Person or Persons, either Free or Slave, shall kill in pursuit, or take and apprehend alive (provided such killing or taking be not within thirty Days after the Publication of this Act) any Slave whatsoever, who has been absent from the Service of his or her Master, Mistress, or Renter three Months, and upwards (after having been one Year on the Island) such Person, so taking and killing such Negro in Pursuit, shall receive three Pounds lawful Money of this Island for every Slave so killed, and six Pounds for every Negro so taken alive, so as the said Negro so taken alive be convicted of the Crime of Running-away; and the Treasurer of this Island, and his lawful Deputy, are hereby authorized, required, and impowered to pay the last mentioned Rewards, upon due Proof on Oath made before a Magistrate of this Island of such Slave’s being killed, or upon the Conviction of the said Slave, and a Certificate of such Proof made of killing, or of such Conviction under the Hand of any Justice of Peace of this Island, before whom such Proof of killing was made, or the Trial of the Slave bad, and an Order thereon signed by the Chief Commander then resident on the Island.
IX. And be it enacted by the Authority aforesaid, That every Person who shall have any Slave guilty of Running-away punishable by Death within this Act, killed in pursuit, or that shall be taken, convicted, and condemned to Death for running away, the Person or Persons owning and intitled to such Slave, shall receive, out of the Publick Treasury of this Island, the full Value of the Slave so killed, to be settled by the Oaths of two Free White Persons that know the Slave (if killed) to be sworn before some Justice of the Peace of this Island, and such Oath and Value to be certified by the Justice of Peace, before whom taken, under his Hand and Seal; and if the Slave convicted, then the Value to be settled as usual in this Island, where Slaves are convicted of any other Felony.
X. And be it enacted by the Authority aforesaid, That after any Negro or other Slave is runaway from his or her Master’s, Mistress’s, Owner’s, or Renter’s Service, every other Negro knowing of such Running-away, and shall entertain, harbour, receive, or conceal, or any ways aid, assist, comfort, afford, or give any Sustenance to such Slave so runaway, shall, upon Conviction thereof before one Justice of the Peace, according to the Laws of this Island, for any such Offence be publickly whipped upon the bare Back, with any Number of Stripes, at the Discretion of the Justice; and if any Free Person or Persons, knowing any Slave to be runaway from the Service of his or her Master, Mistress, or Renter, shall entertain, harbour, receive, or conceal, or any ways aid, assist, comfort; or afford, or give Sustenance to any such Slave, such Person shall for the first Offence forfeit ten Pounds Current Money of this Island, and for the second Offence twenty Pounds like Money, and for the third Offence fifty Pounds like Money, and shall be liable besides to be prosecuted, and pay to the Owner of such Slave, all Forfeitures and Penalties laid by an Act of this Island, duly passed and confirmed, intituled, An Act for the better Government of Slaves and Free Negroes, dated on or about the twenty-eighth Day of June, one thousand seven hundred and two; and if such Free Person or Persons cannot immediately pay down the Fines hereby imposed for entertaining runaway Slaves, he, she, or they shall be imprisoned in the Common Gaol of this Island, in lieu of the Fine, for the first Offence two Months, for the second Offence four Months, and for the third Offence, six Months, unless the Person or Persons offending shall redeem him, her, or themselves sooner, by paying the Fine, and all Costs and Fees due.
XI. And be it, and it is hereby enacted by the Authority aforesaid, That all Slaves triable by Virtue of this Act, shall be tried, adjudged, punished, and executed in like Manner as Slaves for other Crimes are tried and adjudged by the Laws and Usages of this Island now in Force, and, where condemned to Death, shall be appraised in like Manner; and if the two Justices before whom Negroes are tried cannot agree in their Judgment, then they may and shall immediately call a third Justice of the Peace to their Assistance, and the Case shall be determined by the Agreement of any two of them; and in all Trials of Slaves the Justice or Justices shall and may hear the Evidence of any other Slave, and shall give such Credit thereto, as the Justice or Justices shall think it in Conscience deserves.
XII. And for the more ready apprehending any Slaves runaway; be it hereby further enacted by the Authority aforesaid, That it shall and may be lawful for the Master, Owner, or Renter of any Slave, or any Other Person, by his Directions, and in his Aid, to enter any Negro House belonging to any other Persons, and upon Refusal of opening, to break the Doors of any Negro-House by Night or Day, to search for any such runaway Slave, without any Warrant from any Magistrate, having first immediately before given Notice thereof to the Master, Mistress, or Renter of the Plantation, if any such thereon living, and then at Home, or else to the Overseer or Manager, if at Home, or else to any White Person being there, and belonging to the Plantation where Search is made; and if any Person or Persons whatsoever, either Master, Mistress, Owner, Renter, or Manager of any Plantation, shall hinder, oppose, threaten, or deter any Person giving Notice, from making Search in their or any of their Negro Houses for Runaways, such Person shall pay and forfeit each for every such Offence a Fine not exceeding ten Pounds, nor under five Pounds, Current Money of this Island; and if any Person or Persons shall make, or aid, or assist in making any such Search, without first giving Notice, where any White Person is on the Plantation where such Search shall be made, according to the Tenor and Directions of this Act, or shall under Colour of such Search beat, abuse, wound, or hurt any Slave or Slaves, without just Cause, the Offender or Offenders shall forfeit, each, any Sum not exceeding ten Pounds, nor under five Pounds, besides being liable to the Action of the Party injured for Damages.
XIII. And be it, and it is hereby enacted by the Authority aforesaid. That if any Slave shall kill or murder any Person, white or black, or commit any Felony (Running-away excepted) made known to the Master, Mistress, Owner, or Renter of such Slave, and such Master, Mistress, Owner, or Renter of such Slave, being on this Island, shall conceal or neglect to prosecute such Slave for the Space of three Months next after the Crime made known, as aforesaid, and the Slave being in his Master’s, Mistress’s, Owner’s, or Renter’s Service, Custody, or Power, after the last mentioned Crimes committed, that then, and in such Case, if any other Person shall prosecute such Slave, and the Slave be thereof lawfully convicted, the Owner or Renter of such Slave shall be, and is, and are hereby debarred from having or receiving, from the Publick Treasury of this Island, any Sum or Sums of Money, or other Consideration, for the Slave so convicted, and the Price which should be paid for such Negro by the Publick, shall be paid to the Informer out of the Publick Treasury ; any former Law or any Thing herein contained to the contrary notwithstanding: Provided such Information and Prosecution be given and begun within thirty Days after the Expiration of the said three Months.
XIV. And for settling the Value of such Slave so not prosecuted by the Master, Owner, or Renter, and convicted by the Prosecution of any other Person, such Slave shall be appraised before Execution done on him or her, as is usual where Slaves are condemned to Death.
XV. And be it enacted by the Authority aforesaid, That whatsoever Master, Mistress, Owner, or Renter of any Plantation in this Island, being thereupon resident, and not being abroad from his or her Plantation, and where none such resident on the Plantation, then if any Manager of any such Plantation, and having the Care thereof, and thereon resident, and being at Home, or if any Overseer being at Home, and the Master, Mistress, Owner, or Renter happens to be absent from Home, shall suffer any Slaves to beat any Drum or Drums, or empty Casks, or great Goards, or to blow Horns, Shells, or loud Instruments for the Diversion or Entertainment of Slaves in his, her, or their Plantation, he, she, or they shall forfeit twenty Pounds Current Money of this Island, for every such Offence, unless they suppress the same in one Hour after the same begins: Provided, That Information thereof be given upon Oath, to one of His Majesty’s Justices of the Peace for this Island, within one Week after the Offence committed.
XVI. And be it further enacted by the Authority aforesaid, That if any Justice of the Peace for this Island, or any Colonel, Lieutenant Colonel, Major, or Captain of the Militia, shall receive Information of the Residence or Hiding-place of any run-away or fugitive Slaves, it shall be lawful for such Justice of the Peace, Colonel, Lieutenant Colonel, Major, or Captain of the Militia, to raise and arm any Number of Men not exceeding twenty, to apprehend alive, or kill such run-away or fugitive Slaves; and if any Person being in Health, and able to travel, and being summoned or warned to go in quest of such Run-away or Fugitive Slaves, shall neglect or refuse to attend accordingly, and to go as directed by the Justice of Peace or Officer of the Militia, issuing or ordering such Summons, or to send in his Stead an able and well armed White Mail, such Person so neglecting or refusing to attend himself, and not sending an able and well armed White Man in his Room, shall forfeit thirty Shillings current Money of this Island.
XVII. And be it also enacted by the Authority aforesaid, That whoever shall apprehend, or take a run-away Slave, who hath been absent from his or her Master’s, Mistress’s, Owner’s, or Renter’s Service two Months, or more, shall receive as a Reward for apprehending and taking such Slave twenty-eight Shillings, to be paid out of the Publick Treasury of this Island, on Proof made of such Running-away and Taking, by the Oath of some White Person before a Justice of Peace, and the Justice’s Certificate to the Treasurer shall be sufficient for such Payment, without further Order to the Treasurer.
XVIII. And be it, and it is hereby further enacted by the Authority aforesaid, That if any Slave or Slaves shall be guilty of any enormous Crime, whereby the Life of any White Person shall be endangered, or attempted, or any Dwelling-house or Out-house belonging to any White Person shall be burnt, or attempted to be burnt, that then, and in such Case such Slave or Slaves, and all his and their Accessaries, Concealers, or Abettors (being Slaves) shall be adjudged, and are hereby made and declared Felons, and shall suffer Death therefore; and if any other Slave shall know of any such Crime as last mentioned, intended to be done, and shall discover and give Notice thereof to any Justice of the Peace of this Island, such Justice shall cause the Slave or Slaves accused to be apprehended; and if he find Grounds of just Suspicion, then he shall commit the Slave or Slaves accused to the Common Gaol, and give Notice thereof immediately to the next Justice of Peace, who shall take all proper Measures for bringing the Slaves accused to Trial, as in case of other Felonies; and if any of the accused shall be found guilty, and condemned to Death, the Price shall be paid out of the Publick Treasury to the Owner, to be settled by Appraisement, as in other Cases of Slaves condemned to Death for Felonies; and in such Case the Negro informing shall receive three Pounds Current Money of this Island, out of the Publick Treasury, upon producing a Certificate of the Accusation and Condemnation from any one of the Justices that sat on the Trial, which shall be sufficient without further Warrant to the Treasurer; but if on the Trial the Accusation be found frivolous or groundless, the Accuser shall have and. receive a Punishment by whipping, not exceeding one hundred and fifty Lashes on the bare Back.
XIX. And be it, and it is hereby enacted by the Authority aforesaid, That if any Person or Persons whatsoever shall hereafter buy, barter, or truck for, or receive by any Means of or from any Slave or Slaves any Sugar, Cotton, Rum, Molasses, Ginger, or other Goods or Chattels (except only Logs of Wood, Fire-wood, Crabs, Fresh-fish, Dunghill Fowls, Kids, Hogs, and Ground Provisions of the Produce of this Island) without Leave given to such Slave or Slaves by his or their Master, Mistress, Owner, or Renter, or by the Manager having the Care of the Plantation to which the Slaves belong, to sell the same, then such Person or Persons shall be guilty of a Misdemeanor, and liable to be prosecuted therefore by Indictment or Information before Justices of Peace in their Sessions, or Justices of Oyer and Terminer, and Gaol Delivery, and may be fined for the first Offence, not exceeding thirty Pounds, nor less than ten Pounds, lawful Money of this Island, and on being unable, or refusing, or neglecting to pay the same Fine immediately, shall be committed to close Custody in the Common Gaol of this Island, there to remain for three Months, as a Punishment in lieu of the said Fine, unless he will redeem himself by paying the Fine sooner, with all due Fees; and upon a second Conviction of the like Offence shall be fined in any Sum not less than thirty Pounds lawful Money of this Island, nor exceeding sixty Pounds, and, on being unable, refusing, or neglecting to pay the Fine, shall be committed to close Custody in the Common Gaol of this Island, there to remain six Months, as a Punishment in lieu of the said Fine, unless he redeem himself sooner, by paying the said Fine, and all due Fees ; and upon a third Conviction shall be publickly whipped with any Number of Lashes, that the Court shall think proper, or be set on the Pillory once or more, as the Court shall think fit, and pay also any Fine, not exceeding one hundred Pounds, nor less than sixty Pounds, lawful Money of this Island, and being unable, refusing, and neglecting to pay the Fine immediately, shall be committed to close Custody in the Common Gaol of this Island for one whole Year, unless he shall thence sooner redeem himself by paying the Fine, and all usual Fees.
XX. And if any Person or Persons shall buy, barter, truck for, or receive, by any unlawful Means from any Slaves, any Goods or Chattels whatsoever, knowing the same to be stolen, although the principal Felon or Felons are not known, or convict, that then such Person or Persons shall be guilty of a Misdemeanor, and may be prosecuted therefore, as afore last mentioned, and shall and may be fined, not exceeding one hundred Pounds lawful Money of this Island, nor less than twenty Pounds like Money, and be imprisoned also for some Time, not exceeding one Year; and in Case of being unable, neglecting, or refusing to pay the Fine immediately, shall undergo such other corporal Punishment instead of the same Fine, by Whipping or Pillory, as the Court shall think fit; and upon a Conviction of the like Offence as last mentioned a second Time, the Person offending shall be deemed a Felon.
XXI. And if any Person shall be convicted of a Misdemeanor for buying, bartering, or trucking with Negroes, contrary to this Act, it shall be a Bar to any other Prosecution for being Accessary to the Felony committed by the Principal, if the Principal be afterwards convict.
XXII. And all Fines hereby laid on Persons convict of buying, bartering, or receiving Goods from Slaves, shall be to the Use of His Majesty, His Heirs, and Successors, to be paid into the Publick Treasury of this Island, and towards carrying on the Forts, Fortifications, and other Publick Works of this Island.
XXIII. And all and every Person and Persons, on whom, or in whose Possession, any lost or stolen Goods shall he found, it shall be deemed Evidence against him, her, or them, that they bought, trucked, or bartered for such Goods, of or with a Slave, so far as to make him or them liable only to a Misdemeanor, by Virtue of this Act, unless such Person or Persons shall give sufficient Evidence to the Court how he came by the Goods; and it shall not be any Ways necessary in the Indictment or Information for such Misdemeanor, to name particularly the Slave, of whom bought, had, bartered. trucked, or received, but the laying it to be from a Slave unknown,' shall be sufficient.
XXIV. And whereas Persons, who illegally detain other Negroes, and imploy them in their Services, do it so cunningly and secretly, that Evidence by White Persons cannot be had against them; be it therefore enacted by the Authority aforesaid, That upon Suspicion of any such illegal Detaining or Imploying, any Justice of Peace shall, and is hereby required to issue a Summons against the Party accused, to attend at a certain Day to answer the Premisses, and if not attended upon the first Summons, shall issue a second, requiring the Party or Parties accused to attend at any other certain Day, not exceeding eight Days from the Date of each Summons, to answer the Premisses, and being attended, shall appoint any Day, not exceeding the Time of six Days for the Trial, of which the Accused is to take Notice, and attend accordingly; and the Justice is hereby impowered to Issue Summons for Witnesses to attend, directed to a Constable, and on the Trial examine him, or her, or them accused, and all the Witnesses on his, her, or their Oath, and if Quakers, on solemn Affirmations, concerning such illegal detaining and imploring; and if contest by the Party or Parties accused, or proved by any other Evidence, such Justice shall give Judgment for the Party injured to recover three Shillings and Six-pence lawful Money of this Island, against the Offender or Offenders, for every Day he, she, or they detain such Negro or Negroes, for each Negro or Negroes, if a Common Working-negro only; but if a Handicraft Tradesman, then seven Shillings for each Day, besides a reasonable Sum for Costs.
XXV. And the Justice giving Judgment shall make a Record of his Proceedings, and return it into the Secretary’s Office under bis Hand and Seal, and the Complainant or Party injured may sue forth Execution thereon, after the Expiration of six Days, from giving the Judgment, by a Warrant from under the Hand and Seal of the Secretary of this Island, or his lawful Deputy, directed to the Provost Marshal, his Deputy, or any Constable, and it shall be levied on the Offender’s Goods and Chattels, and those immediately to be carried to the next Town, and sold by Out-cry, at the Expence of the Offender or Offenders, and the Debt and Costs thereout satisfied; and in Default of Goods and Chattels sufficient of the Offenders to be found, he, she, or they shall be taken and imprisoned till Satisfaction made of the Judgment and all other Fees, and the Justice for hearing the Trial, and making up the Record, shall and may receive twelve Shillings, and no more, and the Secretary Eighteen-pence for filing, and three Shillings for issuing the Execution, and the Marshal, his Deputy, or Constable, six Shillings for executing the Warrant upon each Offender’s Body, if no Goods or Chattels, and if levied on Goods and Chattels, then only six Shillings, and Eighteen-pence in the Pound for levying and selling.
XXVI. And such Recovery before a Justice of Peace shall be a Bar to any further Prosecution whatsoever, for the same Offence or Offences of detaining and imploying Others’ Slaves.
XXVII. And if the Accused, after knowing the Day of Trial, or any Person or Persons whatsoever, being duly summoned by the Space of twenty-four Hours by Writing to attend at the Day of Trial as Witnesses or otherwise, shall neglect then to attend, the Party accused shall forfeit ten Pounds lawful Money, to be recovered before any one Justice of the Peace, and levied by his Warrant to a Constable on the Offender’s Goods, and sold as last mentioned in Case of Executions levied to the Use of the Party complaining; and every Witness duly summoned, and being able to attend, and not attending, shall forfeit five Pounds to the Party grieved, to be recovered as last mentioned; and then another Day on such Failure of the accused Party’s Attending, or the Attending of any material Witness summoned, shall be granted for Trial on the Party’s desiring such further Day, he paying such Costs down for the other’s Delay, as the Justice before whom the Trial was to have been shall award.
XXVIII. And be it, and it is also hereby further enacted by the Authority aforesaid, That where one Slave murders another, the Price paid by the Publick on executing the Murderer, shall be equally divided between the Owner of the Offender, and the Owner of the Slave slain; and also, if any Person’s Slave shall be killed in pursuing Runaways by his Master’s, Owner’s Renter’s, or Manager’s Order, or any other lawful Order, the Slave slain shall be paid for by the Publick, and the Value settled in like Manner as before directed herein for settling the Value of a Run-away killed in being pursued ; and if the Slave pursuing be only maimed, or much hurt, then a proportionable Allowance shall be made by the Publick, to be settled in Manner last mentioned.
XXIX. And be it also enacted by the Authority aforesaid, That any Slaves that shall be taken fighting, they shall be whipped publickly by Order of a Justice, at the Discretion of the Justice; and if any Slave draw a Knife, either in assaulting another, or in his own Defence, he shall be publickly whipped by like Order at the Discretion of the Justice.
XXX. And whereas Slaves do frequently on Saturdays in the Afternoon, and Sundays, gather and assemble in great Numbers in and about the Town of St. John's, and commit Riots, and sometimes kill one another, to the great Terror and actual endangering of the Inhabitants; be it therefore, and it is hereby enacted by the Authority aforesaid, That the Justices of the Peace residing in the said Town, or the most adjacent to it, shall be directed by the Commander in Chief, or, in his Absence, by the Lieutenant General of these Islands, or, in his Absence, by the Lieutenant Governor of this Island, to nominate two Constables to go in two Companies, with a convenient Number, not less in all than six of the Militia of the said Town, in each Company with the Constable (one of which to be an Officer) through the said Town of St. Johns, and the Pastures adjacent, known by the Name of Otto’s Pasture, and Long's, or Morgan's Pasture, to disperse Negroes got together in any Number exceeding ten.
XXXI. And each House-keeper in the said Town, being summoned in due turn, shall attend himself, or send a White Man, armed with a Gun, Powder, and Ball, upon pain of forfeiting twenty Shillings current Money of this Island ; and the Constable, or any going in his Assistance, are hereby authorized and required, upon seeing any Number of Negroes assembled in a tumultuous Manner, or playing at Dice, or any Game, Play, or Diversion, to make three Proclamations, requiring such Negroes to separate, and disperse, and to retire to their Homes, and, upon Contempt of the said Proclamation, or the Negroes not dispersing, may seize one or more of such Slaves, and carry him before a Magistrate, who shall order such Slave or Slaves to Gaol, and the same Slave or Slaves shall be whipped publickly by a Justice’s Order, on any Day within three Days after the Offence, with any Number of Stripes at the Justice’s Discretion; but if the Constable or any in his Assistance shall apprehend it necessary, in Contempt and Disobedience of the Proclamation, he or they may fire upon, and kill any of the Slaves so contemning or disobeying, and not be liable to any Prosecution therefore, and any Slave so killed shall be paid for by the Publick, and the Value settled as in Case of killing a Runaway in pursuit.
XXXII. And whereas great Disorders have happened, and Murders have been committed by Slaves, because their Masters have not allowed them the same Number of Days for their Recreation at Christmas, as several of their Neighbours have done; be it therefore, and it is hereby enacted by the Authority aforesaid, That all Owners, Masters, Managers, and Renters of Slaves within this Island, shall allow to their Slaves, (except those necessary about their Houses) [Christmas-day and the two Days next following,] as Play-Days for their Recreation, and no more, or other Days, during the twelve Christmas Holidays; and if any Person, Master, Owner, or Renter, or Manager of any Plantation, do not allow their Slaves the same Days, as beforementioned, for their Recreation, and as Holidays, or shall allow any other or more Days in the Christmas Holidays, the Person or Persons offending, shall each forfeit the Sum of [twenty Pounds] current Money of this Island.
XXXIII. And for the better putting in Execution this Act; be it enacted by the Authority aforesaid, That the Commanding Officer of the Troop of Carbineers, and the Commanding Officer of each Regiment of Foot, are each respectively hereby required to summon all Persons under their particular Commands to ride the Rounds on every Christmas-day, and the two Days next following, from eight of the Clock every Morning, until ten of the Clock every Evening of the same last mentioned Days ; and every Person who rides the Rounds, shall once a Day, when he is on the Rounds, rendezvous at the Chief Commander’s House of the Division ; and no Person shall be compellable to ride out of the Division where he lives ; and every Officer of the Militia neglecting his Duty herein, shall forfeit ten Pounds current Money of this Island; and every other Person duly summoned and neglecting, shall forfeit five Pounds like Money.
XXXIV. And whereas Cotton Planters are injured by Thefts, because Slaves have been suffered to plant Cotton for their own Use; be it enacted by the Authority aforesaid, That any Person whatsoever, Owner or Possessor of Slaves, that shall permit his or her Slave or Slaves, to plant or gather Cotton for the Use of such Slave or Slaves, such Master, Owner or Possessor, shall forfeit ten Pounds lawful Money of this Island; and if any White Man, Free Negro, or Mulatto, shall expose to Sale any Cotton suspected to appertain to a Slave, any Justice of the Peace may cause the Party suspected, and having the Cotton in Possession to be brought before him, and to make Oath before him, that the Cotton doth not directly or indirectly belong to any Slave; and if the Party refuses to make such Oath, the Cotton shall be seized by the Justice’s Order, and become forfeited to the Use of the Informer.
XXXV. And be it further enacted by the Authority aforesaid, That if any Slave shall be taken out of the Plantation to which such Slave belongs, with any Fire Arms, Cutlashes, Swords, Pikes, or Lances, or other hurtful Arms, not having a Ticket from the Owner or Possessor of such Slave for carrying the same, or not being in Company under the Direction of a White Person, sent along with such Slave or Slaves, any Person or Persons may seize such Slave with the Arms or Weapons, or the Arms and Weapons alone, and carry such Slave and Arms, or the Arms only, before a Justice of the Peace, and the Justice shall order the Arms to be forfeited, and the same are hereby declared to be forfeited to the Person or Persons that shall have seized the said Slave or Arms; but if there was a Ticket duly given for carrying the said Arms, and the same Ticket be lost, or was taken from the Slave, [or the Slave being attendant that Day on his Master to exercise,] then, upon Oath thereof made by the Owner, Master, Mistress, Renter, or Overseer, that such Ticket was so given, the Arms shall be again restored to the Owner.
XXXVI. And it is also further enacted by the Authority aforesaid, That if any Person whatsoever shall hereafter sell, barter, or give to any Slave any Fire Arms, Cutlash, or offensive Weapons, except those given for Watching, he, she, or they, shall forfeit ten Pounds lawful Money of this Island.
XXXVII. And for preventing Disorders by those who ride the Rounds, according to the Direction of this Act, if any Person so riding the Rounds, shall break up any Negro Houses, or beat or abuse any Slave, unless in Pursuit of a run-away, or criminal Slave flying or resisting, and due Notice of such Pursuit given to Master, Mistress, Owner, Renter, or Manager having the Care of such Plantation, every Offender shall forfeit ten Pounds lawful Money of this Island.
XXXVIII. And be it, and it is hereby enacted by the Authority aforesaid, That if any Justice of the Peace, Provost Marshal, or his Deputy, or any Constable, shall refuse or neglect to do their respective Duties pursuant to this Act, he or they shall each forfeit twenty Pounds for every Offence.
XXXIX. And be it, and it is hereby also further enacted by the Authority aforesaid, That all Fines and Forfeitures laid by this Act (where no particular Method of Recovery, or particular Use is declared for recovering and disposing thereof) shall and may be recovered before Justices of Peace in their Sessions, or Justices of Oyer and Terminer, and Gaol Delivery, by Bill, Plaint, Indictment, or Information, and no Essoin, Protection, or Wager of Law to be allowed, or else before one Justice of the Peace of this Island; and the Offender to be committed to close Custody in the Common Gaol of this Island, until he pay the same, by the Warrant of a Justice of Peace founded on the Recovery at the Sessions, or Court of Oyer and Terminer, or before himself, directed to a Constable, or Provost Marshal, or his lawful Deputy; and, if the Offender be not to be found, to be levied on his Goods and Chattels, which shall be sold as herein before directed in Case of Executions on Judgments given by Justices of the Peace for illegal detaining Slaves, and the Offender or Offenders convict shall pay reasonable Costs, if the Court or Justice, before whom the Recovery is, shall think fit to give any Cost; and shall be disposed, one Moiety to the Prosecutor, and the other Moiety to the Use of His Majesty, His Heirs and Successors, to be paid into the Publick Treasury of this Island, to be imployed in carrying on the Forts and Fortifications, and Publick Works of the same; and all Fines and Forfeitures whatsoever, laid by this Act, shall and may be paid either in Money or the Produce of the Island, at Price-current.
XL. And whereas several cruel Persons, to gratify their own Humours, against the Laws of God and Humanity, frequently kill, destroy, or dismember their own and other Persons’ Slaves, and have hitherto gone unpunished, because it is inconsistent with the Constitution and Government of this Island, and would be too great a Countenance and Encouragement [230] to Slaves to resist White Persons, to set Slaves so far upon an Equality with the free Inhabitants, as to try those that kill them for their Lives, nor is it known or practised in any of the Caribbee Islands, that any free Person killing a Slave is triable for his Life; but particular Laws (of which we are not provided) are made in several of them, for punishing the aforesaid Crimes, and are found very effectual in deterring Persons from such Crimes.
XLI. Be it therefore enacted by the Authority aforesaid, That if any free Person or Persons whatsoever shall wilfully kill or cause to be killed any Slave whatsoever, either belonging to himself or Another, in any such Manner as is not excusable by the Laws of Great Britain, or allowed by the Laws of this Island, whether the same be by excessive Punishment or otherwise, or shall geld or dismember any such Slave, that then such Person or Persons shall and may be prosecuted by Presentment, Indictment, or Information before Justices of the Peace in their Sessions, or Justices Oyer and Terminer, and Gaol Delivery, and upon Conviction of any such killing, the Offender or Offenders shall be fined each in any Sum not under one hundred Pounds, nor exceeding three hundred Pounds, lawful Money of this Island, and be imprisoned till said Fine paid, and all due Fees, and find Sureties for their good Behaviour for one Year; and in case of Gelding or Dismembring, and Conviction thereof, the Offender or Offenders shall each be fined any Sum not under twenty Pounds, nor above one hundred Pounds, lawful Money of this Island, and be imprisoned in the Common Gaol till the same paid, and find Sureties for their good Behaviour for a Year, so as the Prosecution be commenced in one Year after the Offence of Killing, Gelding, Maiming, committed, and not after; and shall likewise pay double Damages and Costs to the Party grieved, to be recovered by Action of Trespass in any Court of Record in this Island, the Moiety of which Fines for killing, gelding, or dismembring a Slave, shall be to the Use of His Majesty, His Heirs, and Successors, to be paid into the Publick Treasury of this Island, to be imployed towards repairing the Forts and Fortifications of this Island, and the other Half to the Informer prosecuting therefore.
XLII. And be it also further enacted by the Authority aforesaid, That in every Action, Suit, Indictment, Information, or Prosecution, wherein any Person shall be sued or prosecuted for doing any Thing by Virtue of this Act, the Person or Persons so sued or prosecuted, their, or his, or her Executors or Administrators, may plead the General Issue, and give this Act in Evidence in any Court within this Island ; and if there be a Verdict for such Party prosecuted, the Prosecutor shall pay treble Costs; and this Act shall be deemed a Pub-lick Act, and all Judges, Justices, and Juries are hereby required to take Notice thereof accordingly.
XLIII. And that all Persons may have due Notice of this Act, it shall be read in all Parish Churches and Chapels of Ease in this Island, on the Sunday before Christmas-day next, and the next Sunday before Christmas-day in every Year, and at the Head of the Troop of Carbineers, and the Head of each Regiment of Foot, at their next Meetings respectively, after passing the same, and at their first Meeting before Christmas-Day in every Year.
Dated at the Town of St. John's, this ninth Day of December, in the Year of our Lord God one thousand seven hundred and twenty-three, and in the tenth Year of the Reign of our Sovereign Lord George, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, &c.
Past the Assembly the 9th Day of December, 1723.
HENRY WARNER,
Clerk of the Assembly.
Past the Council the 9th Day of December, 1723.
WAVEL SMITH,
Secretary, &c.
ASHTON WARNER, Speaker.
JOHN HART.