An Act for the better ordering and Governing of Negro Slaves

Whereas heretofore many good lawes & ordinances have bin made for the governing regulating and ordering the Negroes slaves in this Island & sundry punishments appointed for many their misdemeanors & crimes and offences which yet have not met the effect hath bin desired and much have reasonably bin expected had the Masters of familyes and other the inhabitants of this Island bin soe carefull of theire obedyence & complyance with the said Laws as they ought to have bin & these former Laws being in many clauses imperfect & not fully comprehending the true constitution of this Government in relation to theyre Slaves especially the Negroes an heathenish brutish & an uncertain & dangerous kind of people to whome if surely in any thing wee may extend the legislative power given us of provisionary Laws for the benefit & good of this Island, not being contradictory to the Laws of England there being in all the body of that Law noe perfect track to guide us where to walke nor any exact rule sett us how to governe such Slaves as wee have or as Negroes are yet wee well know by the right rule of reason & order wee are not to leave them to the arbitrary cruell and outrageous will of every evill disposed person But soe farr to protect them as wee doe men’s other goods & chattels & alsoe some what further as being created men though without the knowledge of God in the world. Wee have therefore upon mature & Serious consideration of the premises thought good to renew & revive whatsoever wee have found necessary & usefull in the Laws of England concerning the governing & ordering of Slaves & to add thereunto such further Laws & ordinances as at this time wee thinke absolutely Needfull for the publique Safety & may prove in the future behovefull to the Peace & utility of this Island. Bee it therefore enacted ordained & published & it is by the Governing Council & assembly of this Islan by the authority of the same enacted ordained and published

[Margin:] 1 Negroes goeing abroad

That no Master or Mistresse, Commander or Overseer of any family within this Island shall give theyre Slaves leave on Sundays holy days or in the night time to goe out of theyre plantations (except such Slaves as usually wayte upon them at home & abroad) without a ticket under his Master or Mistresse Commander or Overseers hand the said ticket specifying the time of his or her comeing from the plantation & the time allowed for the time of his or her returne. Nor at any other tyme or working dayes above four myles from theyre sayd Plantation without the like ticket upon paine of forfeiting for every Slave so permitted to goe abroad without the aforesaid ticket one pound sterling halfe of the sayd forfeiture to bee to the informer & the other halfe to the church wardens to bee dispose as is directed in the act for maintenance of Ministers. And if any Master or Mistresse Commander or Overseer of a plantation shall finde any slave or slaves in theyre plantacon on Sunday holy day or the night time or any time four miles from theyre Masters plantation without a ticket expressing the business from his said Master & doe not apprehend them or apprehending them shall not punish them by a moderate whipping shall forfeit one pound sterling to bee disposed of as aforesaid the said penaltyes to bee recorded before any one Justice of the peace of that parish where such default shall bee made which is hereby authorized & required upon complaint made to examine upon oath to heare & determine the Lawe & by warrant under hand directed to the constable to cause the said penalty to be levied  as in case of servants wages the constable to receive for his paines as in the act for servants is appointed.

[Margin:] 2 In case Negroes strike Christians]

It is further enacted ordeyned by the authority aforesaid, that if  any slave either Man or Woman shall offer any vyolence to any Christian as by strikeing or the like such slaves shall for his or her fyrst offense by informacon given to the next Justice bee severely whipped by the next constable by order of the next Justice, for his second offense of that nature by order of the Justice of the peace hee shall bee severely whipped, his nose slitt & hee burned in some part of his face, & for thyrd offense hee shall receive by order of the Governor & Counsell such greater corporall punishment as they shall thinke meet to inflict Providing allwayes that such strikeing or conflict bee not in the lawfull  defense of theire Master Mistresse or owners of theire famylyes or of their goods. 

[Margin:] 3 Negroes to have cloathes 

And it is further enacted ordeyned & published by the authority aforesaid that the slaves shall have cloathes to cover theire nakedness once every yeare (that is to say) drawers capps for me & petticoats for women.

[Margin:] 4 of fugitive runaway Negroes

And whereas the inhabitants of this Island have much suffered by the running away of theyre slaves & by the injurious keeping of such runaways or fugitive slaves by severall persons in theyre plantacons It is hereby enacted publyshed & declared by the authority aforesaid that all persons who are now possessed of any fugitive or runaway slaves doe within five dayes after the publicacon of this act (except the inhabitants the North side who are allowed thyrty dayes) bring them in & deliver them to theyre proper owners if they know them or into the custody of Marshall or Goaler nearest to the Plantacon where such slave or slaves soe are apprehended upon payne of paying one hundred pounds for damage unto the owner of the said slave to bee by the said recovered in any Courts of record within this Island by action of debt or informacon in which noe essoin proteccon injunction or wager of Law shall bee permitted or allowed. And if any Christian servant soe possessed of any such slave or slaves not acquainting his Master thereof doe fayle or neglect to bring them in with the time before limitted is before enjoyned the said servant shall immediately upon conviction thereof receive 39 lashes upon his naked back by order from next Justice of the peace to some Constable or the comon Execuconer  & after the the expyracon of his time of service shall serve the owner the said Slave or Slaves the full terme & space of seaven yeares as record threeof to bee made by the Justice before whome such conviction shall bee had.

And further it is enacted by the authority afroresaid that all Owners [or Overseers] of plantacons doe twice in every weeke search theire slaves houses for runaway slaves And what Overseers shall neglect to doe the shall forfeit one pound short for every defualt the one halfe the inform the other halfe to the publique use &c. 

[Margin:] 5 detaining fugitive Negroes

And be it further enacted by the authority aforesayd that whosoever hereafter shall take up any runway slave or slaves that such persons shall within one & twenty dayes after bring the sayd runaways to his or theyre proper owner or to the next Marshall or Goale as aftoresaid uppon paine of forfeiture for every day hee shall keepe such Negroes or Negroe beyond the said one & twenty dayes & thereof bee convicted by confession or verdict the fine of twenty pounds sterl. to bee leavyed by the Provost Marshall or his deputy by order from the Governor for the tyme being upon the person soe neglecting to bring the said runnaway uppon his Lands goods or chattels the one halfe thereof to bee to the  owner of  the said slave or slaves & the other to him or them that shall  informe thereof out of which the said Marshalls sees shall be deducted. And if the said person or persons informing bee servant or servants to the soe deteining the said slave that then the said person or persons soe informing shall bee from thenne forth absolutely free & clear from his service any Indenture or contract notwithstanding And whosoever shall work the said slave or slaves dureing the aforesaid one & twenty dayes shall forfeit twenty pounds sterling to bee paid & recorded as aforesaid

[Margin:] 6 [unclear] sterl. for takeing up runawayes. 

And it is further enacted by the authority aforesaid that all persons which shalle hereafter take up runaway or fugitive slaves & shall soe bring them unto the said next Marshal or Goale shall receive one pound sterling of the said Marshall who is hereby appointed to pay the  same, And in case hee shall refuse to make the said payment uppon the presentment of the said slave and thereof oath bee made before any Justice of the peace the said Justice of the peace is hereby authorized to direct his warrant to any Constable to cause the vallue thereof to be immediately leavyed out of the goods of the said Marshall And the said goods bee delivered to the said party.

[Margin:] 7 Negroes dutyes to satysfyed for being deteined

And bee it further enacted by the authority aforesaid that it shall & may bee Lawfull for the said Marshall to deteyne & keepe in custody the bodyes of all such runawayes untill the owner of them of theire [unclear] shall pay unto him one pound two shillings & six pence sterling & alsoe six pence sterling for only foure & twenty houres the said fugitive salve hath bin in his custody Provided allwayes that the said provost Marshall doe furnish the said Negro with sufficient food & drinke as potatoes beans Cassavee plantans & water 

[Margin:] Negroes dying for want of food.

And it is further provided & ordeined by the authority aforesaid that if any of the said slaves shall dye for want of food or dry & convenient lodgings the said Marshall shall bee responsible for them to the owner or his assignes And if the said Marshall shall suffer any slave to escape before hee bee duely delivered to the owner or his assignes then the said Marshall shall pay unto the pwner of the said slave soe much as hees shall bee censured & condemned to by the Governor and Councell for the time being or by verdict of a Jury at comon Law.

[Margin:] 9 

And further it is ordeined & enacted by the authority aforesaid that all such persons as shall apprehend & bring any runawayes to any Marshall for the time being or to the prison shall uppon such bringing downe such runaway slaves' deliver unto the said Marshall before hee shall renewe the consideration before appointed an accompt of his owne Name & place of aboad with the time when & place where hee apprehended such fugitive slave which the said Marhsall is hereby requyred to take & enter into a booke to the intent that all owners of such slaves may come to the right knowledge & understanding when theire slaves' were apprehended and whome and whether they might wrongully bee taken up or not And that the keeper of the prison at the delivery of any slaves doe take a receipt of the person to whome delivered & therein to insert the mark or description of Negro delivered any usage or custome to the contrary heretofore had likewise notwithstanding.

[Margin:] 10 Search to bee made for Negros weapons 

And it is hereby further enacted published by the authority aforesaid that every Overseer of a family in this Island shall cause al his Negro slaves houses to bee searched dilligently & effectually once every fourteen dayes for clubbs wooden swords & mischevious weapons & finding any to take them away & cause them to bee burned.

[Margin 11:] Search for stollen goods

As alsoe for cloaths goods or any other things or comodityes particularly suspected flesh that is not given them by theyre Master Mistresse Commander or Overseer & honestly come by, in whose custody they finde any thing of that kinde suspect or know to bee stollen goods the same they shall seize & take into theire custody & a full & ample descripcon of the peticulers thereof in writeing within six dayes after the discovery there & to send to the clerke of the parish for the time being who is hereby required to receive the same & to enter uppon it the day of its receipt & the peticulers to file & keepe to himselfe but to set up upon the post of the Church doore a short breife 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 inquiry of the Clerke who is not to shew the peticulars untill the partyes inquiring for stollen goods shall first declare whatt he hath lost & given the descripcon thereof, & paid him twelve pence for the same, by which if the said Clerke shall bee convinced that any part of the goods appointed to the party inquiring hee is to direct the said party inquiring to the place & uppon 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 sterl. for every neglect by the overseer or clarke as aforesaid in any of the peticulars to bee leavyed uppon theyre goods & chattels for the breach of either of the two last clauses in this branch by precept or warrant from the Judge or Justice before whome the convicon shall bee had the one halfe of the forfeiture aforesayd to goe to the Church wardens of the respective parishes to bee disposed of as aforesayd the other halfe to the person that shall inform

[Margin:] 12 Reward for Negroes to take up runaway Negroes

And that all other slaves likewise may receive incouragment to take up fugitive & runaway slaves It is further ordeined & enacted by the authoritys aforesaid that whatsoever slave shall at any time of his owner accord take up any runaway slave that hath been out above 12 months shall have for his soe doeing two pounds sterl. to bee paid by the owner if hee will redeeme him within one moneth after Notice during which time the Master of the slave that tooke up such runaway hath power to keepe him for the purpose aforesaid, but if the owner of the said runaway slave will not or doth not redeeme him within the sayd time then the Master in whose custody hee is hath hereby power to sell aforesaid fugitive or runaway slave & to reserve two pounds sterling to himselfe for his slave & the rest to returne to the Master of the slave soe taken up & whosoever shall deprive or deceive any slave that hath soe taken up any fugitive of the boone or reward given him by this Law for soe doeing shall forfeit six pounds sterling one third to the Church wardens, on third to ye informer and one third to the slave soe wronged which gift & forfeiture shall be justly imployed by the Master or the slave in clothes for the sayd slave to weare with a badge of a redd crosse on his arme whereby he may bee knowne & cherished by all good people for his good service to the country the aforesaid forfeyture to bee recovered by him that shall sue for it in any Court of record by accon of debt or information in which no essoine proteccon injunccon or wager of Law shall bee allowed.

[Margin:] 13 Against stealing away of Negroes

And whereas divers evill dysposed persons have heretofore attempted to steale away slaves by specious pretences & promiseing them freedome in another country against which pernicious practices noe punishment suitable hath bin yet provided Bee it therefore enacted & ordeined by the authority aforesaid that what person soever shall directly or indirectly at any time after publicacon hereof tempt or persuade any Negro to leave theire Master or Mistresses service to whome they are slaves out of an intent & designe to carry away any of them out of this Island or howsoever to defraud theire said Master or Mistresse of them & bee thereof convicted by theire owne confession or the oath of two credible wittnesses or by ye confession of such Negro Slaves or Negroes with reasonable circumstances concurring shall bee by the Governor of the Island for the time being, or by any Judge of record or any two Justices of the peace adudged to pay to the Master of the said Slave or Slaves sixty pounds sterling by precept or warrant from the aforesaid Governor Judge or Justices before whome the conviction is made to bee levyed upon the Lands goods or chattells of the person soe offending by such constable to whome the aforesaid warrant shall bee directed & delivered to the party grieved by way of damage And the surplusage (if any) shall bee returned to the owner & in case the party offending shall not bee found worth Lands goods or chattels to the vallue aforesaid then shall the said Governor Judge or Justice adjudge him servant to the party injured for seaven yeares & soe deliver him over to him & make record thereof, But if any man shall soe tempt & practice with any Slaves and them actually soe tempted convey carry or send off the Island & bee after apprehended in the Island for the same Hee shall bee by the Governor and Counsell for the time bing condemned to pay the owner of such Slaves three times the vallue of them. And execucon for the same from the Governor to issue accordingly unto the provost Marshall or his deputy. 

[Margin:] 14 [unclear] tyrall of Negroes for Murder & fellons 

And whereas many heinous & grevious Crymes as murder burglary and robbery upon the hiye way burning of houses or canes bee many times comitted by slaves which offenders for danger of escape are not long to bee imprisoned being brutish slaves deserve not the baseness of theire conditions to bee tryed by the legall tryall of twelve of theire peers or Neighbourhood (which neither truly can bee rightly done) as the freemen of England are, nor is execucon to bee delayed towards them in case of such horrid crimes comitted. It is therefore enacted ordeyned & published by the Governor Counsell Assembly & by the authority of the same, that when any such crime as aforesaid shall be comitted by any slave or slaves & the sayd crimminals bee apprehended & brought before any of his Majesty's Justices of the peace within the island the the Justice before whome the crimminals are brought shall take security for theire forth comeing or send them to prison & which all convenyent speed shall by theyre warrant or precept call them to three able good & legall freeholders of the place nearest where the said crime was comitted & these five persons (viz) the two Justice & the three freeholders shall heare & examine all evidencees proofes & testimoneys of the fact comitted & if they shall finde such slave or slaves guilty thereof, they shall give sentence of death upon him or them accordingly as is provided by law of such capitall offenders, the said freeholders being first sworne before the two Justices were are hereby impowered to adminster the same & forthwith by theire warrant cause execution to bee done upon such slave or slaves by the comon execuconer or by what other execuconer can bee gott slave or other, And it is provided that if any freeholder shall make default to appear upon such Sumons before the Justices as is before menconed or appearing refuse to sign with them as before is appointed and doe shew noe good cause for such default to bee applied by the said Justices that then the aforesaid Justices Let a fine upon him of 5 pounds sterling & forthwith by theyre warrant or precept to the next Constable or with Constable they shall thinke fitt to levy the same uppon the aforesayd freeholders his goods or chattells accordingly Provided allwayes Nevertheless that the 

[Margin:] 15 All petty fellons by Negroes to bee tryed

petty fellons under the value of twelve pence & all small broyles & misdemeanours shall bee heard & determined by the Master of the slave or slaves comytted the same upon the complaint of the party injured, But if such Master shall __ give such slave punishment in the presence of the complaynt of his satysfaccon the party injured shall carry his complaint to the next Justice of the peave who is hereby required & authorized to heare the smae and upon conviction by confession, witnesses or oath of the party injured, to influct such corporall paines or punishments not injurious to life, Limbe, or member as hee in his discrecon shall judge fitt & reasonable, And whereas Le__ petty larcenry & trespasses are dayly comitted by slaves as maimeing one the other, killing of horses or cattle stealing of horses & divers others of the like nature which would bee too tedyous & chargeable to take ordinary course of Justice against them, for the more speedy exceeding therein for the future Bee it enacted & ordeined by the authority aforesaid that upon compaint made any of his Majesties Justices of the peace dwelling int he parish where the offence is comitted the said Justice shall issue his warrant for the apprehending the slave or slaves complained of & for all persons that can give evydence against them, And if upon examinacon it doth probably app [appear?] that the said slave or slaves are guilty of the crimes complained of, then the said Justice is to certify the same to the Justice dwelling next to him, & to desire him by vertue of this Act, to associate himselfe to him, which such Justice is hereby required on such desire to doe, and both of them soe associated are to issue out theire fact complayned of was comitted acquainted them with the said matter & appointing them a day hour & place where & when the slave shall bee heard & determined by the Judgment of the said freeholders and themselves or the major part of them at which day hour & place the said Justices & freeholders shall requyre & cause all the said offenders & evidences against them to bee produced And if they shall uppon the said evydence or confession of the said offender or offenders adjudge them guilty of the fact complayned of they shall then condemne the owner or owners to the said offender or offenders respectively to make reparations & satisfaccon to the complaynt for the damage which hee hath received, which if that said owner or owners shall refuse to make according to his or theyre proportion by the said Justices & freeholders of the major of them adjudged & appointed, then in such case the sayd offending slave or slaves belonging to such owner or owners refuseing shall furst receive such corporall punishment as the said Judges shall thinke fitt and after bee awarded to the said party injured to have & to holde the sayd slave to __ his heires for ever, And in case the sayd Justice & freeholders or any or  either of them shall neglect or refuse to performe their dutyes which by this Act is requyred of them they shall severally for such theyre respective defaults forfeit the just [?] quantity of fifty pounds sterl. one halfe to our sovereigne Lord the King his heires & successors & the other halfe to the party aggreived if hee shall execute for the same in the court of the permits [?] where the default is made or else where.

{Margin: 16 ___ rebells to bee __ by Marshall law} And it is further enacted ordeined & publyshed by the Governor Counsell & Assembly & by the authority of the same that if any Negro shall make insurrection or rise in rebellion against this place or people or make preparation of armes provide bullet or offensive weapons or holde any Counsell or conspiracy for riseing mutinys or rebellion in the Island as hath bin formly attempted that for speedy remedy there of the Governor of the Island or superior officer for the time being shall appoint or field officer & six comission officers out of the respective regiments of this Island or any foure of them the feild officer to bee one to meet in counsel & proceed [?] by Marshall Law against the Actors contrivers payers fomenters & Counsellors[?] of such mutiny & rebellion & then punish by death or some other paines as theire crimes shall deserve & as to the aforesaid feild officer commission officer or any four of them shall seeme fitt, And yet noe Master Mistresse or Comander of a family should bee affrightened by feare of loss[?] to search into & discover theire owne slaves evilly intended It is therefore enacted ordeyned yet ye losse of slaves executed shall bee borne by the publique, And when the present tresury is not sufficient to satisfy the losse, a publique levy shall bee presently made upon the inhabitants for a reparacon of the same.

{Margin: 17 [cut off] ye apprehending of runawayes} And whereas divers slaves at this present are & long time have bin run away into the woods & other fastnes of the island doeing continually much mischeife to severall inhabitants of this Island hideing sometimes in one place & sometimes in another soe that with much difficulty they are to bee found unless by some sudaine attempt or surprize. Bee it therefore ordeined & enacted that from & after publicacon hereof it shall & may bee lawfull for any Justice of peace Constable or Capt. of a Company within this Island that shall have notice of the residence or hideing place of any run away slaves fugitives, or outlawes to rise & arme any number of men, not exceeding twenty, to apprehend & take them either alive dead, & for every slave which they shall take alive haveing been run away from his Master above six monthes they shall receive five pounds sterl. from the owner Master or Commander of the said slaves but if killed they shall recieve then five pounds from the publique.

{Margin: 18 [cut off] killing of negroes accidentally & willfully}And it is further enacted & ordeyned by the authority aforesaid that if any slaves under punishment by his Master or his order for running away or any other crime or misdemeanor towards his said Master shall suffer in life or in member noe person whatsoever shall bee accomptable to any Law therfore but if any Man shall of wantonness or only bloody minded & cruell intencon wilfully kill a slave if his owne hee shall pay unto the King his heiries & successors thirty pounds sterl. But if hee shall soe kill another Mans hee shall soe pay to the owner of the slave double the vallue & unto our Soveriegne Lord the King his heires & successors fifty pounds sterl., And hee shall further by the next Justice of the peace bee bound to the good because ____ [having?] the pleasure of the Governor & Counsell & not bee lyable to any other punishment or forfeiture for the same neither shall hee that kills another mans slave by accydent bee lyable to any other penalty by the owners account at Law but if any poore man small free holder or other person shall kill a slave by night out of the road or comon path or stealing his ___ swine or other goods hee shall not bee accountable for it And Law statute or ordinance to the contrary notwithstanding.

{Margin: 19 For listing of runaway negroes}And to the intent it may bee allwayes certainly knowne which negroes are out in rebellion against theire owners & to the endangering the publique peace It is by the authority aforesaid enacted & ordeyned that all Owners of slaves within this Island doe withing the dayes after publicacon hereof senf an accompt to the secretary for the time being what slave or slaves hee hath fledd & run away and of the time they have been gone & soe for the time to come within ten dayes after any slave shall absent himselfe from his service under penalty of paying then pounds sterl.the one halfe where of to bee to our sovereigne Lord the King his heries & successors & the other halfe to the informer to bee recovered by him that shall sue for it in any cort of record by Act__ of debt or Informacon in which noe essoyne[?] protecon injunction or __ of Law shall bee omitted or allowed.

{Margin: 20 The Marshall shall give notice of all negroes comitted}Bee it further enacted & ordeined by the authority aforesaid that the Marshall shall at all times hereafter upon the committment of any negro or negroes to his or his deputyes custodyes give notice by certificate under his hand to bee affixed upon posts in the most publique & open places at Port Royall & St. Katherarins And shall in the said certificate give description of the said Negroes markes as alsoe as neare as hee can leave how long they said Negros have bin absend from their Masters plantacon whith theire names that notice may bee given to the inhabitants of each parish of all such negroes And that upon neglect soe comitted by the said Marshall or his deputy or deputyes hee or they shall forfeit the sum of five pounds sterl. for every such default as aforesaid to bee recovered in any Court of record the one halfe to bee paid unto our soveriegne Lord King his heires & successors & the other halfe to the complaynt.

{Margin: 21 the yearly publicacon of the act}And Lastly to the intent this Act & every clauses & branch thereof may receive full execution & noe person plead ignorance therein it is ordeiend & enacted by the authority aforesaid that this act bee read & published in all respective parish churches in this Island the first Sunday in May & the first Sunday in September in every yeare ensueing the date & first publicacon thereof.

Whitsone Speakes

Past the Counsell the 2nd of November 1664 Pe. Pugh Secretary

I consent to this Tho. Modyford