An Act for the good ordering of servants and ordering the rights between masters and servants

Whereas much of the interest and substance of this island consists in the servants brought to be disposed of in the same and in their labour during the terme they have to serve, wherein notwithstanding provision hath been made by many good lawes, yet great and often damage hath happened to the people of this place thro the unruliness, obstinancy and refractoriness of the servants. 

And whereas also it much concerns the peace of this Island, that continual strict curse should be taken to prevent the bold extravagances and wandering of servants who frequently run from and desert their masters service, making use of all advantages and occasions to disturb the public peace, and prejudice their Masters:

Wherefore the President, Councill and Assembly, upon serious and mature consideration of the premises, and for the good regulating and governing of servants in all things concerning their masters and themselves during the time they have to serve by Indenture or otherwise and as well concerning such servants wages Have thought fit to enact ordain and public: and it is enacted, ordained, and published by the President Council and Assembly, and by the authority of the same, That no person whatsoever shall presume to bring into this Island any children of the English nation, or the dominions thereunto belonging, to be sold as servants, under the age of fourteen years, unless they can produce a good certificate, or an Indenture or writing from the principall persons of the parish, wherein the said child last lived that is done with their consent, or with the consent or at the request of the parents of such child, the age of such child or servant to be judged by inspection.

And whosoever shall do otherwise, shall upon conviction by sufficient testimony, or the parties confession before the President or the superior officer of the Island for the time being, be imprisoned by the said President or superior officer’s warrant, until he hath given in security by recognizance of two sufficient freeholders of this Island, in one hundred pounds sterling, to the secretary for the tie being, That he will returne such child or children unto [40] their parents or guardians or such as have or should have the __ keeping of them and of his performance thereof, to bring or send a certificate within twelve months next ensuring proved as aforesaid.

And whereas it hath been an ill custom and usage of divers merchants and other persons coming to this Island, indirectly and by delusive means and practices to obtaine men and women on board ships in England, so cause them to be transported hither and are here disposed of to serve according to the custom of the country, having no Indenture covenant or contract for the same:

Clause 2: It is hereby further enacted and ordained by the authority aforesaid that from and after publication hereof, all persons so indirectly sent or brought over, the master of them, or persons to whom they are consigned, or who are concerned therein, having no covenant Indenture or contract made in writing or other verbal agreement by him or them to be proved by the oath of one or more witnesses, or by the servants confession that such servant came with his owne consent or knowledge. That all such persons so brought over, have hereby power and are at liberty to implead the persons who brought them, or to whom they are consigned, according to the laws of England, for their freedom and to recover their damages and satisfaction for such wrongfull and injurious dealing. 

Provided that he or she declare the same and make his or her complaint to some Justice of the peace within thirty days after his or her landing in this Island, unless they be prevented by sickness, and then within thirty days after he or she is able.

And all servants whose time shall expire any time hereafter, having had no indenture or contract, shall receive for their wages four hundred pounds of good muscovado sugar: And in case of Indenture or covenant, to be paid according to his covenant or Indenture; as the ancient usage and custom of this Island hath been. And whatsoever servant shall [41] hereafter come to this Island and serve there time therein by Indenture or otherwise shall receive aforesaid the last master always to pay the said wages.

Clause 3 It is further enacted, ordained, published by the authority aforesaid That no freeman or Trader whatsoever, presume to buy or sell any commodities whatsoever, with any servant or slave within this Island, without the consent of the master or owner of such servant or slave upon paine of forfeiting treble the value of the said goods they trade for, to the master or owner of such servant. And all contracts and covenants so made by such servant or slave, to be utterly voyd and of no effect. And such trader or freeman for every such his offence, further to forfeit five hundred pounds of sugar, the one halfe to the Informer, the other halfe to the Treasurer for the publick use, the same to be recovered by action in any court to record within this Island.

Clause 4 It is further enacted and ordained by the authority aforesaid…That whatsoever Servant or Servants by Indenture, custome of the country, or by monthly or yearly wages, or day labourer, shall lay violent hands upon his or her master, mistress, or overseer, or any person putt over them in authority, to governe them and being thereof convicted before any of his Majestie’s Justices of the peace of this Island, by the oath of one or more witnesses, or by his or her owne confession, shall serve his or her said master or mistress one whole year after his or her time by Indenture, custom or bargain be expired; the same to be ordered upon such conviction as is aforesaid, by the said Justice of the peace, and he to make record thereof. 

Clause 5: It is further enacted and ordained by the authority aforesaid that whatsoever overseer, Servant or hired labourer or artificer, by custom, covenant or hire who shall imbeazell, purloyne, or wilfilly wast or make away any of his masters or mistresses sugar, cotton, ginger, indigo, tobacco, hoggs, sheep, cattle, fowles, stock, or other goods or provisions or commodities whatsoever, shall upon conviction of every such offence, by one or more testimonies upon oath before any of his Majestie’s justices of the peace within this Island or the parties owne confession, be adjudged by the said Justices of the peace, to serve his said master or mistress two years after his said time, by Indenture, custom, or bargain is expired without any consideration of wages or salary to be payd him and be further liable, in case that time of servitude will not make full satisfaction. 

Preamble: And whereas many women Servants are begotten with child by freemen or servants in great prejudice to their respective masters or mistresses whom they serve.

Clause 6: It is therefore ordained and enacted by the President, Councill, and Assembly, and by the authority of the same, That whosoever shall beget a woman servant with child, shall for such offence, personally serve the owner of such servant three years, or putt one in his place for the said time, which is in recompence for the said master or mistress of his and her loss and charge in bringing up the bastard child and damage received by disabling their woman servant. But if the said child be brought up by and at the costs and charges of the parish, Then the reputed father to serve the said parish two years, and the owner of the woman servant one, or putt one in his place for the said time as aforesaid or give security to save harmless the said parish and satisfy the said owner for his said damage.

But in case of the said child’s death, before the said three years be expired, That then the said person is only to serve the said owner one year. But if the said woman servant shall happen to dye or become infirme, by reason of her labour in child bed, Then the reputed father shall serve the said Owner, during the whole time the said woman had to serve, when she conceived by him.

And the said woman servant so offending, shall serve her said master or mistress, two years after her time by Indenture or otherwise be expired; the same to be ordered by the next Justice of the peace, before whom such proof shall be made.

And for the better understanding therein

Clause 7: It is hereby ordained & enacted by the authority aforesaid, That the same proof or evidence that is sufficient to prove the reputed father of a bastard, by which he is obliged to discharge the parish whose it shall be or to keep the same shall be as authentick to a jury, to cause the father of a bastard to make reparation to the master or mistress of such woman servant upon whom the same is begotten; as is before appointed. But if a servant shall beget a woman servant with child, Then after his time is expired, he shall serve the owner of the said woman servant double the time she had to serve at the time of the offence committed.

Clause 8: Then [?] it is further enacted and ordained by the authority aforesaid, That if any man servant shall marry without his master or mistresses consent during the time of his apprenticeship, he shall serve his master or mistress four years after his said time of apprenticeship is expired. 

And if any freeman shall marry the maid or woman servant of any person within the Island such a freeman shall forthwith pay unto the master or owner of such servant double the value of what the maid or woman servant is worth, to be recovered by action of debt, in the court of the precincts, where no protection, essoine, or wager of law shall be admitted or allowed. But if he be a servant, then after his time is expired, he shall serve the owner of the said woman servant double the time she had to serve, at such her time of marriage. 

Clause 9: Then it is further ordained & enacted by the authority aforesaid, That when any difference shall arise between master and servant, in and concerning the time of their servitude, or term of years that they are to serve, That all such differences as shall hereafter arise between master or servant, be heard and determined at common law, in the court of the precincts, wherein such master or servant shall then live and abide, as in other cases of right between party and party.

Clause 10: And that all servants who have occasion or ground to commence suite therein be allowed such reasonable time for the performance thereof by their respective masters, as to the next Justice of the peace in that precinct shall seem requisite and convenient for the same. But not to be allowed more then two out of a family, in behalf of themselves and the rest. And whatsoever servant over and above the number of two, shall upon the pretence of complaint, absent themselves from their masters service, shall by order of the next Justice of the peace receive thirteen lashes and be returned to his masters service by a constable, if the Justice before whom the complaint is made, shall see cause. 

And whatsoever servant or servants shall willfully and obstinately absent him or her self out of his or her master or mistresses plantation or service, either on Saturday, Sunday, or any other days or times, not having license or ticket in writing, under his master, mistress, or overseers hand for the same. Upon conviction thereof by the oath of one or more witnesses or his own confession before some one of his Majesty’s Justices of the peace within the Island, shall for every two hours absence be adjudged and ordered by the said Justice, to serve his said master or mistress one whole day after his time by Indenture or custom is expired. So that the same do not in the whole exceed three years and so in proportion for a longer or lesser time for such his absence.

It having been formerly a great complaint that many masters when their servants grow sick and unable to perform their daily labour will seem to remit some part of their time, to be cleared of them; or turn them off to the intent they may not at all be chargeable to them for their recovery; whereby many of the said servants may most miserably perish or become a charge to the parish where they first happen to be laid up for prevention whereof for the future and duly [?] punishing such inhumane acts in such persons as shall become guilty of the same.

Clause 11: It is hereby ordained and enacted by the President Councill Assembly and by the authority of the same That what master, mistress or governor of servants shall hereafter offend herein, or shall not use and endeavour all lawful means for recovery of such their servants, as shall happen to be sick or diseased, during the time of their servitude, shall forfeit two thousand and two hundred pounds of sugar: the same to be levyed by warrant of the Justice of the peace before whom it shall by proved by the oath of one or more witnesses and paid into the hands of the overseer of the poor of that parish and disposed of towards the maintenance of such servant (so turned off) and recovery of his or her strength and the said servant so neglected or turned off to be freed from his said master But in case such sick servant shall not live to the expending of the said whole sum of two thousand two hundred pounds of sugar; Then the remainder to be disposed of towards the maintenance of the other poor of that parish.

Provided always that in case any Servant or servants in this island shall through his or their own willful misbehaviour happen to have any disease or any broken bones bruises or other impediments, whereby they have not only disabled themselves to perform their labour, as they ought to do, but also are a greater charge for physick or surgery to their master or mistress then formerly. For satisfaction of such master or mistress in every such case, the said servant shall serve his or her said master or mistress after the time by Indenture or otherwise is expired until they have made satisfaction for the charges expended on them for their recovery. And afterwards he or she so disabled being recovered shall serve over so much time as he or she by any such means and accident were disabled to serve. Anything formerly provided to the contrary notwithstanding. 

Clause 12: And it is further enacted by the authority aforesaid that all such differences as shall arise in point of wages between master and servant or master or labourer or artificer, or school master or school mistress for their respective salaries for teaching of children shall be heard and determined by the next Justice of the peace, who is hereby empowered upon any such complaint to issue out his warrant and summon the parties before him, and to hear, examine, and determine all such differences as shall come before him as is aforesaid and shall issue execution thereupon to be executed by the next constable of the parish who is hereby required to officiate the same; and shall for his pains receive satisfaction to the same value as marshalls of the courts of common please do for levying execution.

And of all such suites the Justice shall make record: Any law, custom, or wage to the contrary notwithstanding.

Clause 13: Provided always That the said Justices of the peace respectively in all such cases coming before them do and have hereby power to hear likewise and determine any plea of complaint, damage or prejudice, as well alledged and proved on the part of the masters, as on the part of the servants, labourer, and artificer doing equal right between them.

And it is hereby declared and published, That the intent thereof is meant only to reach to covenant servants wages, hired servants, and hired labourers, that are hired by the month day or year; and to all artificers, whose whole debt and demands exceeds not four thousand pounds of muscovado sugar. Anything heretofore declared to the contrary notwithstanding. 

And whereas it is much feared that some persons within this Island have exercised violence and great oppression to and upon their servants; thro which some of them have been murthered and destroyed and the authors and causers of such their destruction have gone cleare[?] undiscovered and unpunished by reasons of the sudden interring of servants so destroyed and murthered as aforesaid. For prevention whereof and discovery of all such murthers and felonies, as may be hereafter committed. 

Clause 14: Be it enacted and declared by the President, Councill, and Assembly, and by the authority of the same, That no master, mistress, attorney or chief overseer of any family or plantation within this island, shall presume to bury or interr any Christian servant, that shall hereafter happen to die within their respective plantations, out of the usual burying place, until the body of such servant hath been viewed by the next Justice of the peace or a constable and two of the neighbours of the parish, wherein the dwelling house of the said plantation standeth Which neighbours the said Justice or constable shall make choice of upon pain of paying twenty thousand pounds of muscovado sugar for every servant, which shall be so buried before such view as aforesaid.

And if upon such view it shall appeare such servants came to their deaths by any violence, wounds or unlawful means that then the viewers of such servants do forthwith give notice unto the Coroners that proceedings may be had therein according to the law; he receiving for this fee so much and no more than by the laws of England is provided.

Clause 15: And be it further ordained and enacted by the authority aforesaid That every Justice or constable and neighbour chosen as aforesaid, duly summoned by the owner or overseer of such servant to the view of such dead body as aforesaid, that shall fail to come within two hours after such summons shall severally and respectively forfeit for every such default one thousand pounds of sugar All which forfeiture shall be paid into the public treasury for the public use of this Island, to be recovered by action of debt by the said treasurer in the court of that precinct where forfeiture is made.

Provided that such notice be given as aforesaid, it may be lawful for the owner of such servant or overseer six hours after such notice given, freely to bury such his or their servant any thing in this act seeming to the contrary not withstanding.

Clause 16: It is also enacted, ordained and published by the President, Councill, and Assembly and by the authority of the same that all servants under the age of eighteen years which are hereafter brought to be assigned over, or disposed of, as servants in this island, having made no contract in England or elsewhere shall serve for the space of seven years and no longer: And such as are above eighteen shall serve during the space of five years and no longer and at the end of their time shall receive four hundred pounds of muscovado sugar for their wages: And where man and wife are brought over as servants in one ship, they shall be sold and disposed of together and not severed. 

Clause 17: It is further enacted and ordained by the authority aforesaid That all such persons as shall hereafter sue for their freedom in respect of their age as is before mentioned shall be adjudged by the Jury by inspection and proportion of Stature and confession, when they first arrived at this Island. 

Clause 18: Be it further ordained and enacted by the authority aforesaid that what servants shall so unjustly trouble his master or mistress with suites in law, the said servant shall be by the court where he commits the offense ordered to serve his master or mistress so injured for his unlawful and unjust vexation of them, after the expiration of the time he hath then to serve the double term and space of that time he neglected.

Clause 19: And it is hereby further ordained and enacted by the authority aforesaid That al such servants as shall be in the goale for their own offences, shall serve their masters double so long time after the expiration of the time they have to serve by custom, indenture, or contract as he or they have layne in goale for such their offences as aforesaid. And shall further serve his or her said master, after the rate of one hundred pounds of sugar per month, till be hath satisfied their fees and other charges his master hath expended for him. 

Clause 20: Be it further ordained & enacted by the President, Councill, and Assembly by the authority of the same That whosoever either master of a family or Captain or master of a ship, or other that shall entertain any man or woman above one night, if he doth know him or her to be free, shall for every day or night after the first forfeit one hundred pounds of sugar. And if he knows him or her to be a servant to another man, do notwithstanding willfully entertain him or her, he shall forfeit five hundred pounds of sugar for every day or night the one half of the said forfeiture to be to the master or owner of the said servant, and the other half to the publick use; the same to be recovered by action of debt or information, in any court of record of this Island. 

And if any suspected persons come within any plantation at unreasonable hours, or there being, shall stay and more than a fitting time, It shall be lawfull for the master, his overseer, or servants to apprehend such persons and keep him in custody while he may be brought to the next constable. 

And if any overseer freeman or labourer or servant shall entertain or hide any servant belonging to any other plantation, such overseer, freeman, labourer, or servant upon conviction before one of his Majesty’s Justices of the peace, shall for every such offence serve the master or owner of the servant or slave so entertained by him, one whole year after his time with his own master of that plantation is expired, for which he shall receive no salary or allowance but ordinary plantation, cloathes, shoes, fish, or flesh for provision. 

Clause 21:  It is further ordained and enacted by the authority aforesaid, That no overseer, hired or covenant Servant, or driver of horses, cattle and carriage, beasts or carts, waines or wagons, presume without the consent and allowance of the owner of the said horses, working cattle or carriage beasts, carts, waines, waggons, to ride them themselves or to lend them to others to ride on, or load them for others, or for himself with any other load than what belongs to the owner of the said beasts and carriages. And whatsoever overseer, or hired or covenant servant or driver, shall after publication hereof, so the contrary, shall upon conviction thereof by the oath of one or more witnesses, or the parties own confession by the oath of one or more witnesses or the parties own confession, before any one of his Majesty’s Justices of the peace, be adjudged by the said Justice three months to the master or owner for every time that he shall be convicted to have riden any of his masters horses or beasts, carts, waines, or waggons, or loaden them, or any of them, with the other mens goods or his own, or suffered any other to rise, load or work them without the owners consent is aforesaid Any former custome or usage to the contrary notwithstanding.

Clause 22: It is further enacted and ordained by the authority aforesaid That whatsoever servant by Indenture or custom shall be found or apprehended in the act of running away upon board of any ship, bark or boat upon departure from this Island, whereby it may justly be presumed that the said servant intended and prepared to escape and run away unlawfully from the Island and from his or her master or mistress’s service or having first unlawfully absented him or herself from his or her said master or mistress’s service be found by proof or other very substantial and notable circumstances endeavouring to get aboard some ship barke or boat to escape and run away unlawfully, as is aforesaid, from this Island and his master or mistress’s service Such servant so taken on board, or so endeavouring to get on board, shall upon conviction thereof, before any one of this Majesty’s Justices of the peace for this Island, be condemned servant to his said master or mistress after his or her first Indenture or service by custom shall be expired. And the Justice before whom such conviction is made, is hereby required to make record thereof. Any other act, statute, or ordinance heretofore made or any other clause in this act contained, in any wise notwithstanding, and before the same Justice the said servants hair to be shaved off, by order of the said Justice.

And whereas diver servants and slaves have been carried off this Island to other plantations and colonies to the great damage and prejudice of many the inhabitants thereof and no remedy is provided for them, in regard the master of the ship is only bound in the office who perhaps is a mean man and perhaps never more comes to this place again. To prevent which for the future.

Clause 23: Be it ordained and enacted by the authority aforesaid That no master of a ship or other vessel shall be permitted to trade or traffick or to [over?] wood or water within this Island, until he hath given in security by himself and two others the inhabitants of this Island being other sufficient freeholders or resident merchants in the sum of two thousand pounds sterling, that he will not directly or indirectly cause or suffer to be carried off this Island in his said ship, any servant or slave belonging to any the inhabitants of this Island, without the consent or knowledge of the owner And that he shall search his ship sufficiently before his departure and certify under his hand to the Secretary for the time being, he hath so done and that he is thereby well assured that he hath no such person in his said ship And also if he have any passengers in his said ship, he shall in the same paper certify the names of them.

Clause 24: And all constables within this Island, are hereby required to apprehend all runaways, That they shall know of any credible information and then in safe custody convey from Constable to Constable until they come to the common gaol or to his master or mistress. 

And whatsoever constable shall neglect his duty herein shall forfeit two hundred pounds of sugar; half to the public use of this Island and the other half to the owner of the said servant, if he sue for the same in the precincts where the default is committed. In which action, if she shall be joined, the verdict taken and judgment therein given the first court; Any further law to the contrary notwithstanding.

And to the end that no person may pretend any ignorance in this act or statute or any branch or clause thereof. 

Clause 25: It is lastly enacted and ordained by the authority aforesaid That the minister of every parish church within this Island, twice every year (That is to say) the Sunday next before Christmas day and the Sunday next before the five and twentieth day of June shall distinctly read and publish this act in their respective parish churches, upon pain of forfeiting five hundred pounds of sugar for every neglect or failing they shall make therein to be paid into the Treasury for the public use of this Island, and to be by the Treasurer for the time being recovered by action of debt or information in the court of the precinct where such neglect or default is made. Dated the twenty seventh day of September 1661. Signed Humphrey Walrond