An Act for the Better Ordering and Governing of Negro Slaves

Whereas heretofore many good Lawes and ordinances have been made for the governing, regulating, and ordering the slaves in the Island and sundry principles appointed for many their misdemeanors crimes and offenses which yet hath not met the effect hath beene desired and might have reasonably beene expected had the masters of familyes and other the inhabitants of this Island beene so arefull of their obedience and compliance with the sayd slaves as they ought to have beene and those former Lawes being in many clauses imperfect and not fully comprehending the true constitution of this government in relation to their slaves especially the negroes being a heathenish brutish and uncertaine and dangerous kinde of people to whome of surely in any ting we may attend the Legislative Power given us of Provisionary Lawes for the benefit and good of this Island, not being contradictory to the Lawes of England, there being in the body of that law noe track to guide us where to walke nor any exact rule sett us how to governe such slaves as we have or as negroes are yet we well known by the right rule of reason will of every evill disposed person , but so far to protect them as more doe other mens good and chattles and also somewhat farther as being created men though without the knowledge of god in the world, we have therefore upon nature and serious consideration of the premises thought fit to renew and revive whatsoever we have found necessary and useful in the laws of England concerning the governing and ordering of slaves and to add thereunto such further lawes and ordinances as at this tyme we thinke absolutely needfull for the publique safety of this island bee it therefore enacted and ordained and published and it is by the governor and councill and Assembly of this Island and by the Authority of the lawe enacted ordained and Published,
That noe master or mistress commander or overseer of any family within this Island shall give their slaves leave on Sundayes holy days or in the night tyme to goe out of their plantations (except sch slaves as usually waite upon them at home and abroad, without a ticket under his masters or mistresses commander or overseer have, the sayd ticket specifying the tyme of his her coming from the plantation and the tyme allowed for his or her returne, nor at any other tyme on working days above four [?] miles from their said plantation without the like ticket upon paine of forfeiting for every slave soe permitted to goe abroad without the aforesaid ticket one pound sterling half of the sayd forfeiture to bee to the informer and the other halfe to the church wardens to be exposed of as in directed on the act for the maintenance of ministers and if any master mistress commander or overseer of a plantation shall find any slave or slaves on their plantations on Sundayes holy days or in the might tyme or at anytime four [?] miles from their masters plantation without a ticket expressing the business from his sayd master and doe not endeavour to apprehend them or apprehend them shall not punish them by a moderate whipping shall forfeit one pound sterling to bee disposed of as aforesaid the_ penalties bee recovered before any one justice of the peace of that parrish where any such default shall bee made who in hereby authorized and required upon account made examine upon oath to heare and determine the same and by warrant under have directed to the constable to cause the sayd penalty to bee levyed as in case of servant wages the constable to receive for his paines or in the act of servants is appointed.

And it is further enacted and ordeyned by the authority aforesaid that if any slave either man or woman shall offer any violence to any white Christian as by strikeing or the like such slave shall for his or her first offense by information given to the next justice bee severely whipped by the constable by order of the next Justice for the second offense in that matter by order of the justice of the peace hee shall be severely whipped his nose slitt and bee burned in some part of the face, for the third offense hee shall receive by order of the governor and councell such greater corporall punishment as they shall thinke meet to inflict, provided always that such strikeing or conflict bee not in the lawfull defense of their master mistress or owners of their familys or of their goods.

And it is further enacted ordained and published by the authority aforesaid that the slave shall have cloathes to cover their nakedness once every year that is to say draws and capps for men and petticoats for women.

And it being taken into consideration by the governor and councell and assembly that negroes though they are slaves and bought as goods and chattles yet are they reasonable creatures and capable of being taught the principles of a religion and that we ought to endeavour the making of them Christian the more to advance the glory of god and by that Doctrine to civilize and binde them more to our service and interest as we see our neighbours the Spaniards and other nations doe who nevertheless keepe them as slaves and finding that being them baptized and made Christians they serve their masters with more fidelity and respect and are therefore treated by them with more humility and justice and being also further considered that here is needful of extraordinary means to keepe the negroes faithfull and dutifull because the Island is soe vast and hath soe many coverts and conveniences to hide themselves and get ____ whereby they may [?] be daily induced to run away but hardly retaken and also that in a small tyme here will be great numbers of negroes that may mutiny disturbe and indanger the publique peace and safety of the island if not prevented for the several considertations aforesaid the governor councell and gent’ of the assembly doe hastily recommend to all inhabitants of this island the care and endeavour to instruct their slaves especially the younger sorte in the Christian religion and doe enact and ordaine as hereby it is enacted and ordained by the authority aforesaid that all negroes lawfully bought or borne slaves shall here continue to bee soe, and to the hands of executors and adms’ as other assetts doe their Christianity or any law custome or usage in England or elsewhere to the contrary notwithstanding.

And whereas the inhabitants of this Island doe much suffer by the running away of their slaves ad by the injurious keeping of such runaway or fugitive slaves by several persons in their plantations it is hereby enacted published and declared by the authority aforesaid, that all persons who are now possessed of any fugitive or runaway slaves doe within six dayes after the publication of this act except the Inhabitants of the northside who are allowed thirty dayes bring them in and them to their owners (if they know them) or into the custody of the marshall gaol nearest to the plantation where such slave or slaves soe are [?] apprehended upon paine or paying one hundred pounds sterling for damage unto the owner of the said slave, to bee by the said owner recovered in any courte of record within this island by action of debt or information in which noe essoine protection injunction or wages of law shall be permitted or allowed and if any Christiant servant soe possessed of any slave or slaves not acquainting his master thereof doe fayle or neglect to bring them in within the tyme before limited or in before enjoyed the sayd servant shall immediately upon conviction thereof receive thirty nine lashes upon his naked back by order of the next Justice of the peace to some constable o the common executioner and after the expiration of his tyme of service shall serve the owner of the sayd slave or slaves the full terme and space of seven years and record thereof to bee made by the Justice before whome such conviction shall bee had and bee it Further Enacted by the authority aforesaid that whosoever hereafter shall take upp any runaway slave or slaves that such person or persons shall within one and twenty dayes after bring the sayd runaways to his or their propper owner (if they know him) and receive for their pains twelve pence per mile for the first five miles and six pence per mile for every mile more. Provided it exceed not forty shillings in the whole and If they doe not know him them to the next marshall or goale as aforesaid, upon paine of forfeiture for every day hee shall keepe such slave or slaves beyond the said one and twenty dayes (and thereof bee convicted by confession or otherwise) the sum of twenty pounds sterling to bee levyed by the Provost marshall or his deputy by order from the governor for the tyme being upon the person soe neglecting to bring the sayd slave or slaves and the other to him or them that shall informe thereof, out of which the said marshalls fees shall bee deducted, and If the sayd person or persons informing bee servant or servants to the party soe deteyning the said slave or slaves during the aforesaid one and twenty dayes shall forfeit twenty pounds sterling to bee payd and recovered as aforesaid.

And it is further enacted by the authority aforesaid that it shall and may be lawful for the sayd marshall to deteyne and keepe in custody the bodyes of all such runaways soe brough unto him until the owner of him or their assignes shall pay unto him the full sum of what hee soe payd for them with two shillings and six pence for laying out the money[?] and allsoe six pence sterling for every twenty four hours the sayd Fugative slave hath beene in his custody provided always that the provost marshall doe furnish the sayd negro with sufficient food and drinks as potatoes yambs cassava plantines and water and it is Further Enacted and ordayned by the authority aforesaid that If any of the said slaves shall dye for want of food and __ and convenient lodging the sayd marshall shall be responsible for it to the owner or his assignes and If the said marshall shall suffer any slave to escape before hee bee duly delivered to the owner or his assignes then the sayd marshall shall pay unto the owner of the said slave so as hee shall bee censured to be worth by the governor and council for the tyme being or by verdict of a Jury at Common Law.

And further it is enacted and ordeyned by the Authority aforesaid that all such persons as shall apprehend and bring any runaway to any marshall for the tyme being or to the person shall upon such bringing downe such runaway slave deliver unto the marshall before hee shall receive the consideration before appointed an account of his owne name and place of aboad with the tyme when and place where hee apprehended such fugitive slave which the sayd marshall is hereby required to take and enter into his booke to the intent that owners of slaves may come to the right knowledge and understanding when the slaves were apprehended and by whome and whether they might wrongfully bee taken up or not and that the keeper of the prison at the delivery of any slave doe take a receipt of the person to whom delivered and therein insert the make or description of the negro delivered any ___ or custome to the contrary here to fore had in any wise notwithstanding.

And it is further enacted and published by the authority aforesaid that every owner of a family in this island shall cause all his slaves houses to bee search diligently and effectually once every fourteene dayes for clubs wooden swords and mischievous weapons and finding them to take them away and cause them to bee burnt.

And soe for cloathes goods or any other things and commodytes particularly [?] suspected flesh that is not given them by their masters mistresses commanders or overseers and h__ come by and in whose custody they finde any thing of that kinde suspected or know to bee stolen goods the same they shall seize and take into their custody and a full and ample description of the particulars thereof in writing within six dayes after the discovery thereof to send to the clerke of the parish or clerke of the court of the precincts for the tyme being who is hereby required to receive the same and enter upon it the date of its receipt and the particular to [?] fee and keep to himself but to sett upp upon the part of the church doore or court house a short briefe that such lost goods are found whereby any person that hath lost his goods may the better come to the knowledge where it is by further enquiry of the clerke who is not to show the particular until the partyes enquiring for stolen goods shall first declare what hee hath lost and given the description thereof and payd him twelve pence for the same by which of the sayd clerke shall be committed that any part of the goods appentaynes [?] to ye party enquiring hee is to direct the sayd party enquiring to the said place and person where the goods bee who is hereby required to make restitution of what is in being to the true owner upon the penalty of the forfeiture of two pounds sterling for every neglect by the overseer or clerke as aforesaid in any of the particulars to bee levyed upon their goods and __ for the breach of either of those two last clauses in this branch by precept or warrant from the judge or justice before whome the conviction shall be had the one halfe of the forfeiture adoresaid to goe to the church wardens of the respective parishes to be disposed of as aforesaid in the act for the maintenance of ministers and the other halfe to the person that shall informe.

And that all other slaves likewise may receive encouragement to take upp fugitive and runaway slaves it is further ordayned and enacted by the authority aforesaid that whatsoever slave shall at any tyme of his owne accorc take upp any Runaway Slave that hath been out above a twelve month shall have for his so doing two pounds sterling to be paid by the owner if he will redeem him within one month after notice oweing within tyme the matter of the slave that tooke upp such runaway hath power to keepe him for the purpose aforesaid but if the owner of the sayd runaway slave will not or doth not redeem him within the sayd tyme then the master in whose custody hee is hath hereby –– Power to sell the aforesaid Fugitive or Runaway Slave and to return two pounds sterling for himself for his slave and the rest to return to the master of the slave I’ve taken upp and whosoever shall deprive or deceive any Slave that hath so taken upp any Fugative of the boone or reward given him by the law do so doeing shall forfeit six pounds sterling one third to the church wardens to bee disposed of as foresayd one third to the informer and one third to the slave so wronged with guilt and forfeiture shall bee justly imployed by the master of the slave in cloathes for the sayd slave to weare with a badge of a red cross on his arme whereby here may bee knowne and cherished by all good people for his good service to the country, the aforesaid forfeiture to bee recovered by him that shall sue for it any court or record by account of debt or information in which no essoine protection injunction or wages of law shall be allowed.

And whereas divers evill exposed people have heresofore attempted to steale away Slaves by specious pretenses and promising them freedome in another country against which pernitious practices nor punishment suitable hath yet been provided, Be it therefore enacted and ordayned by the authority aforesaid that what person whatsoever shall directly or indirectly at any tyme after publication hereof tempt or persuade any negroes to leave their masters or mistresses service to whome they are slaves out of an intent or designe to carry away any of them out of this island or howsoever to defraud their said master or mistress of them and bee therefore convicted y their owne confession or the oath of one credible witness or by the confession of such slave or slaves with reasonable circumstances concurring shall be by the governor of the Island for the tyme being or by any judge aforesaid or the justices of the peace in open sessions adjudged to pay the master of the sayd slave or slave sixty pounds sterling by precept or warrant from the sayd Governor Judge or Justices before whome the conviction is made to be levyed upon the goods Lawes or chattles of this person soe offending by way of distress and sale of the same by which constable to whome such warrant shall bee directed and delivered to the party aggrieved by way of damage and surplusage of any bre_[?] shall be delivered to he owner and in case the party so offending shall not bee found worth land goods or chattles to the value aforesaid then shall the said governor judge or justices adjudge him servant to the party injured for seven years and soe deliver his owner to him and make record therefor and if the offender shall be a servant at the tyme of his conviction then shall hee receive such corporal punishment as the said judge governor or justices shall appoint and further bee lyable to serve the sayd injured person seven years immediately after the expiration of his tyme with his first master but if any man shall soe tempt any practice with any slaves and them actually be [?] tempted shall steale convey carry or send of the island and bee afterward apprehended in the island for the same hee shall bee adjudged a felon without the benefit of his clergy.

And whereas many heinous and grevious crimes as murther burglary and robbery upon the highway burning of houses or canes bee many tymes committeed by slaves which offenders for danger of escape are not long to bee imprisoned and being brutish slaves deserve not for the baseness of their condition to bee tried by the legall tryall of twelve of their peeres or neighbhours (which neither truly can [?] bee rightly done) as the freemen of England are nor is execution to bee delayed towards them in case of such horrid crimes committed it is therefore enacted ordayned and published by the governor & Councell and assembly and by the authority of the same that when any such crimes as aforesaid shall bee committed by any slave or slaves and the sayd criminals bee apprehended and brought before any two of his majestyes justices of the peace within the island, the justices before whome the criminals are brought shall take security for them forthcoming or send them to prison and with all convenient speech shall by their warrant or precept call to them three able good and legal freeholders of the place nearest where the sayd crime was committed and that[?] five persons viz. the two justices and the three freeholders being first sworne to judge uprightly shall heare and examine all evidences proofes and testimonyes of the fact committed and if they shall finde such slave or slaves guilty they shall give sentence of death upon him or them, If the Crimes by law deserve the same or such other punishment as they doe deserve and forthwith by their warrant cause execution or by what other executioner cann bee gott slave or other, and it is further provided that if any freeholder shall make default to appeare [?] upon such summons before the Justices as is before mentioned, or as is before mentioned, or appearing refuse to joyne with them as before is appointed and doe then noe good cause for default to bee approved by the sayd Justices that then the aforesayd Justices may sett a fine upon him of five pounds sterling, and forthwith by theirnwarrant or precept to the Constable or what constable they shall thinke fit to levy the same upon the aforesaid freeholders his goods or chattles accordingly provided always nevtheless that the petty fellons under the value of twelve pence, and all small broyles and misdemeanours shall bee heard and determined by the masters of the slave or slaves commtitting the punishment to such slave in the presence of the complainant to his satisfaction the party injured shall carry his complaint to the next Justice of the Peace who is hereby required and authorized to heare the same, and upon conviction by confession witness or oath of the party injured to inflict such corpeall paines and punishments not injurious to life limb or member as hee in his direction shall judge fitt and reasonable.

And whereas several petty injuries and trespasses are dayly committed by slaves as in maiming one another killing of horses or cattell and stealing of hoggs and other mens and divers others of like nature which would bee to tedious and chargeable to take ordinary course of justice against them for the more speedy proceedings therein. For the future, bee it enacted and ordayned by the authority aforesaid that upon complaint made to any of his majestyes Justices of ye Peace dwelling in the Parrish wherein the offence is committed, the sayd Justice shall Issue his warrant for the apprehending the slave or slaves complained of and for all persons that can give evidence against them, and if upon examination it doeth probably appeare that the sayd slave or slaves are guilty of the crimes complained of them the sayd justice is to certifye the same to the justice dwelling next to him and so desire him by virtue of this act to associate himself to him which such justice is hereby required on such desire to doe _and both of them doe associated are to issue out their summons to three freeholders of the said parrish where the fact complained of was committed acquainting them with the said m_ appointing them a day houre and place where and when and where the same shall bee heard and determined by the judgment of the said freeholders and themselves or the major parte of them at which day houre and place the said justices and freeholders shall require and cause all the sayd offenders and evidences against them to bee produced. And if they shall upon sayd evidence or confession of the sayd offender or offenders adjudge them guilty of the fact complained of they shall then condemne the owner or owners of the sayd offender or offenders respectively to make reparation and satisfaction to the compaynant for the damage which hee hath received which of the sayd owner or owners shall refuse to make according to his or their proportion by this sayd

And to the ___ it may bee always certainly knowne what negroes are out in rebellion against their owners and to the endangering the publique peace it is by the authority aforesaid enacted and ordained that all owners of slaves within this island doe within ten dayes after the publication hereof send an account to the marshall for the tyme being what slave or slaves hee hath fled or runaway and of the tyme they have beene gone with their markes and sexes and __ for the tyme to come within ten dayes after any slave shall absent himself from his service under penalty of paying ten pounds sterling the one halfe whereof to be our Sovereign Lord the King his heirs and successors and the other halfe to the informer that shall sue for it in any court of record by account of debt on information in which noe essoine [?] protection injunction or wages of long [?] shall bee permitted or allowed.

And bee it further enacted and ordained by the authority aforesaid that the marshall shall at all tymes hereafter upon the commitment of any negro or negroes to his or her deputyes custodyes give notice by certificate under his hand to be affixed upon posts of the most publique and open places at porte royal and St. Katherines and shall in the said certificant give a description of the negroes marks and also as neare as he cam learne how long the said negroes have beene absent from the masters plantations with their names that notice may bee given to the inhabitants of each parish of all such negroes and that upon neglect soe committeed by the said marshall or his deputy or deputyes – he or they shall forfeit the sum of five pounds sterling for every such default as aforesaid to bee recovered in any courte or record the one halfe to bee payd to our Sovereign Lord the King his heirs and successors and the other halfe to the complaynant and to the entent the marshall or his deputy may the better knowe how to give notice to the Seawall owners of the said runaways when brought unto him or to direct the person bringing them to the house or plantation of the sayd owners, therefore every master or owner of negroes is hereby advised and desired unto the marshall of St. Katherine’s and Porte Royal or their deputyes the marke where with hee brands his negroes which the said marshall or his deputy is to enter into a booke together with the owners name and there keepe it for the use aforesaid receiving two shillings and noe more for every such entry.

And lastly to the intent that this Act and every clause and branch thereof may receive full execution and noe person please ignorance therein it is ordayned and enacted by the Authority aforesaid that this act be read and published in all the respective parrish churches in this island the first Sunday in March and in the first Sunday in September in every year ensuring the date and first publication thereof.