Full Transcript
Whereas it is found by Experience that the often Insurrections and Rebellions of the Slaves within this Island hath proved the ruin and destruction of several Families; to the end therefore that they may be punished according to their Demerit, and their bloody and inhuman practices; be it enacted by his Majesty’s Lieutenant-Governour, Council and Assembly, and it is hereby enacted and ordained by the Authority of the same, That no person whatsoever shall give leave to any slave under his, her or their care, charge or ownership, (unless such as wait on their persons or go in Liveries) to go out of their plantation without a Ticket or White Servant, in which Ticket there is to be expressed their Names and Number, and also from and to what Place, on Penalty of paying for their taking up as Runaways; and whosoever shall not endeavour to take up or apprehend any Slave coming into their Plantations, or where they have Care or Charge, (except as before excepted) and apprehending shall not punish them by moderate whipping, shall forfeit Forty shillings. And if any Slave shall offer any Violence, by striking or otherwise, to any White Person, such Slave shall be punished at the Discretion of Two Justices and Three Freeholders, who may inflict Death or any other Punishment according to their Discretion; Provided such striking or conflict be not by Command of his or their Owners, Overseers or Persons instructed over them, or in the Lawful Defence of their Owners Persons or Goods.
[Clause 2] And be it further enacted by the Authority aforesaid, That all Slaves shall have Cloths, that is, Men jackets and Drawers, and Women Jackets and Petticoats, for Frocks, once every year, on or before the Twenty Fifth Day of December, upon Penalty of Five Shillings for every Slave’s wanting; one half to the Informer, the other half to the Parish where such Default shall be made; and the several and respective Constables within this Island shall take Care to present to the Justices all Owners or others that have the Care of Slaves, that shall not perform the same every Year, the first Sessions in January, before the said Constables shall be discharged from their Offices. And upon Complaint made by any Slave or Slaves to any Constable, that the Owner or Person that hath the Care of any Slave or Slaves hath not given him, her, or them Cloths, as in this Act is express'd, the said Constable or Constables, to whom such Complaint shall be made, shall certify the same to the Justices in Sessions as aforesaid, which said Justices shall cause the Owner or other Person as aforesaid to come before them; and if when appearing he, she or they shall make Oath before the said Justices that the Complaint is unjust, the said Oath shall be sufficient Discharge. And that the Constables may not neglect their Duty herein, the Justices of the several Parishes and Precincts within this Island are hereby requir'd and impower'd to give in Charge upon Oath to every Constable the due Execution hereof; and all Masters and Owners of Plantations shall and are hereby requir'd to have at all times hereafter one Acre of Ground well Planted, with Provision for every Five Slaves he hath in his Plantation, under the Penalty of Forty Shillings for every Acre so wanting.
[Clause 3] And be it further enacted by the Authority aforesaid, That no person whatsoever, except the Provost-Marshal at the Goals of St. Jago de la Vega, Port Royal and Kingston, shall keep any Runaway Slave or Slaves, above Ten Days; nor shall the Provost-Marshall, or any other person whatsoever, imply any of them, or suffer him, her or them, in their Custody to want convenient food, water, and lodging, on penalty of forty pounds for every such offence, to be recovered by the owner; and if the Provost-Marshall or any other person shall suffer such slave to die in his or their custody, for want of food and water, or dry and convenient lodging, the Provost-Marshall, or any other person in whose custody such slave was, shall forfeit to the owner or owners fifty pounds for such slave or slaves, to be recovered by action of debt in any court of record within this island. And if the Provost-Marshal, Deputy Marshal, or any other Person under them or on their behalf, shall at any time presume to sell or dispose of any Slave or Slaves, not having been Twelve Months in his or their Custody, or in any other Places, manner or times than by publick Outcry at the Town of St. Jago de la Vega, in the times of the Supreme Courts, shall forfeit the Sum of Two Hundred Pounds Currant Money of this Island.
[Clause 4] And be it further enacted by the authority aforesaid, that whosoever shall take up any Runaway slave or slaves, such person or persons shall bring the said Runaways to his or their proper owners, if they know them, on penalty of twenty shillings, and receive for their pains for each slave twelve pence per mile for the first five miles, and eight pence per mile for every mile more, provided it exceed forty shillings in the whole, for each slave; but if they do not know the owners, then to the next Marshal or Gaol, upon pain of forfeiture for every day he or she shall keep such slave or slaves beyond the said Ten Days, and thereof be convicted by confession or verdict, the sum of Twenty Pounds. And no person shall receive payment for the taking up any slave or slaves, till he give an account of his own Name and Place of abode, with the time and place when and where taken up, with an account of the mark and sex of all and every such slave and slaves coming into their custody, which they shall cause to be fairly written and affix’d upon a public place near the Goals of St. Jago de la Vega, Port-Royal and Kingston; and the Description and Account aforesaid every six weeks shall be fairly written and transmitted from and to each and every of the three places before mentioned, and once every three months to every Quarter sessions of the peace within this island, and publicky affixed as aforesaid, on the penalty of two Hundred Pounds; and the said Marshal shall enter the said Account in a Book, and also take a receipt from any Person to whom he delivered the Runaway, with a Description, of the Person to whom delivered; and in Case the Marshal or Owner refuse to make payment for taking up such Runaway Slave or Slaves, and thereof Oath be made before any Justice of the Peace, the said Justice is hereby authoriz'd and required to direct his Warrant to any Constable to cause the value thereof to be immediately levyed upon the Goods of the said Marshal or Owner, and the same to be sold at publick Outcry, and Satisfaction to be made to the party aggrieved, returning the Overplus if any there be to the Owner: And that it shall and may be lawful for the Marshal to detain and keep in Custody the Bodies of such Runaways so brought unto him, until the Owners of them or their Assigns shall pay unto him what he so paid to them who took them up, with two Shillings six Pence per Pound for laying out the Money, and so proportionably for a greater or lesser Sum, and also six Pence for every Four and Twenty Hours the said Slave or Slaves hath been in Custody. And if the said Marshal shall willingly or negligently suffer any Slave or Slaves to escape, to be imploy'd or by any way or means to be out of his Custody, before he, she or they shall be duly deliver'd to the Owner, his, her or their Assigns, then the Marshal shall forfeit to the Owner Fifty Pounds Currant Money for every Slave so escaping, employ'd, or being out of their Custody as aforesaid; And whatsoever Slave or Slaves shall take up any Runaways, he she or they shall have the whole Benefit thereof; and if any Person shall deprive any such Slave or any such Benefit, he, she or they shall forfeit treble the Value.
[Clause 4] And be it further enacted by the authority aforesaid, that every master, mistress or overseer of a family in this island, shall cause all their slave houses to be diligently and effectually searched once every fourteen days for clubs, wooded swords, or other mischievous weapons, and finding any shall take them away and cause them to be burnt; and also upon request made to search the same for stolen cloths, goods, or any other things or commodities, and any slave or slaves in whose custody such stolen goods shall be found shall suffer death, transportation, dismembering, or other punishment, at the discretion of two justices and three freeholders, or the major part of them, one of whom to be a justice; and also if there shall be found in the custody of any slave any thing suspected or known to be stolen goods, the same shall seize and take into their custody, and a full and exact description of the particulars thereof shall give in writing within six days after discovery thereof to the clerk of the parish, or clerk of the court of the precincts for the time being, who are hereby required and empowered to receive the same, and enter upon it the day of its receipt, and give an account at the parish church or court of the precincts in writing, that such goods lost are found, to the end the owner, giving the clerk proof, by mark or otherwise, that the goods lost belong to him, he may have the same restor'd, paying one shilling three pence to the clerk for his entry, and declaration of the same; and the parties by whom such lost goods are taken into custody, are hereby requir'd to make and shall make restitution of what is in being to the owner, on penalty of twenty pounds for each neglect or refusal, by master, mistress, overseer or clerk as aforesaid. And if any person whatsoever shall demand of any master, mistress or overseer immediate leave to search all or any slaves house or houses in their plantation, for goods lost by the same person, his master or mistress, the master, mistress, overseer, or other white person refusing such search, or delaying the person demanding the same, shall forfeit the sum of twenty pounds; providing nevertheless, that no person whatsoever shall presume to demand leave to search as aforesaid, that hath not a certificate under the hand of some justice of the peace of that precinct, signifying, that such person hath made oath before him, that he hath lost such goods as he requires to search for; and in case there is no justice of the peace near, that then the person perform the same within six days after such search made, on penalty of twenty pounds for every such offence, the one half to the use of the parish, the other half to the party injured.
[Clause 5] And be it farther enacted by the Authority aforesaid, That no person shall attempt or endeavour to steal or carry off this island, hide, conceal, or imploy any slave, on penalty of one hundred pounds; but whosoever shall actually steal a slave, or deface his, her or their mark, shall be guilty of felony, and shall be excluded the benefit of clergy: And whatsoever slave or slaves shall hide or entertain any runaway slave, or slaves shall be severally whipp’d by order of any justice of the peace; and if the owner or owners, overseer, or other person, that shall have care of such slave or slaves, so hiding or entertaining any runaway or runaways, sand shall in any wise endeavour to present such correction or whipping as aforesaid, upon proof thereof, shall forfeit forty shillings, to be recovered before any justice of the peace; the one half to the use of the parish, the other half to the informer.
[Clause 6] And be it further enacted by the Authority aforesaid, That if any freeman or servant shall kill or take any rebellious slave or slaves, he or they shall forthwith receive as a reward five pounds currant money; and if any slave or slaves shall kill or take any such rebellious slave or slaves, he or they shall receive forty shillings of like money,and a serge coat with a red cross on the right shoulder, which the church-wardens of each of the respective parishes where such rebellious slave or slaves shall be killed or taken, are hereby require’d to pay out of the Parish stock; and in case there be not so much of the parish money in the said church-wardens hands, that he or they pay the same out of their own money, which is to be reimburs'd to him or them, out of the first money raised in the next year's tax, together with interest for so ready payment of the said sum: And if the succeeding church-wardens for the year ensuing, shall reuse to pay and allow whatsoever sum or sums are expended by virtue of this clause, that the same shall be heard and determined by any justice of the peace in the precincts, in the same manner as is provided in an Act, Entitled, An Act impowering Justices of the Peace to decide Differences not exceeding Forty Shillings.
[Clause 7] And be it farther enacted by the Authority aforesaid, That all and every slave and slaves that shall run away and continue but for the space of twelve months, except such slave or slaves as shall not have been three years in this island, shall be deemed rebellious, and their taking shall be paid accordingly; which slave or slaves so taken, as a punishment for their crime, shall be transported by Order of Two Justices and Three Freeholders, or the major part of them, one of whom to be a Justice, tho no other Crime should appear against them; which Order the Owner or Trustee shall see duly executed, under the penalty of fifty pounds for each offence, to be recover’d in any Court of Record in this Island
[Clause 8] And it is farther enacted by the authority aforesaid, That if any slave or slaves transported off this island by order of two justices and three freeholders, as aforesaid, for any fault or crime, shall at any time wilfully return, upon complaint made to any justices of the peace, he upon view of the record, is hereby impower'd, and on penalty of fifty pounds, immediately to issue out a warrant under his hand and seal, to any marshal or constable, forthwith to apprehend and execute, by hanging or otherwise, the said slave or slaves returning; and if any slave or slaves condemned to be transported, shall not be sent by the owners, according to the judgement of the justices and freeholders who condemned him or them, it shall and may be lawful for any justice, on complaint made, upon view of the record of his tryal, to cause him or them to be executed, by hanging or otherwise, as is before directed.
[Clause 9] And it is farther enacted by the Authority aforesaid, That it shall and may be lawful for any person to ruinate and destroy any plantation deserted for the space of six months, lest it become a receptacle for fugitives; and the justices in sessions upon complaint made, whereby it appears to them, that any such deserted plantation doth remain undestroy'd, to the encouragement and maintenance of out-lying slaves, the said justices are hereby impowered to issue out their warrants to the surveyor or surveyors of the highways in that parish or precinct, for the destroying the provisions of the said plantations, who are hereby requir'd and impower'd to cause the same to be done, upon the same account and in the same manner, as if it were upon the repairing the highways, which shall be allow'd in the surveyor's account accordingly.
[Clause 10] And it is farther enacted by the Authority aforesaid, That every commission Officer within this Island shall be, and is hereby impower’d and requir’d, on Notice to him given, of the Haunt, Residence, or hiding place of any Runaway Slaves, to raise a convenient Party of Men, not exceeding Twenty; and with them to pursue, kill, or take alive, all or any of the said Runaways, and shall have and receive from their Owners, as a Reward for their so doing, Forty shillings per Head for all Slaves taken and brought in alive, and Twenty shillings per Head for every Slave killed or driven Home; that is to say, for all slaves run away, that shall surrender themselves after the going out of the said party. All which sums shall be recover'd before any two justices of the peace, who are hereby impower'd and requir'd, upon complaint made to them, to proceed therein as in all cases, of forty shillings; which said money shall be divided among the said party, the officer reserving three shares to himself. And whatsoever commission officer or officers shall neglect his or their duty therein, he or they shall forfeit the sum of twenty pounds.
[Clause 11] And be it farther enacted by the Authority aforesaid, That upon complaint made to any Justice of the Peace, of any Felony, Burglary, Robbery, Burning of Houses, Canes, rebellious Conspiracies, or any other capital Offence whatsoever he the said Justice shall issue out his warrant for the apprehending the offender or offenders, and for all persons to come before him, that can give evidence, (and the evidence of one slave against another, in this and all other cases, shall be deemed good an sufficient proof). And if upon examination, it probably appears that the apprehended are guilty, he shall commit him, her or them to prison, and certify to the next justice the cause, and require him by virtue of this act, to associate himself to him; which such Justice is hereby required to do: And they so associated, shall issue out their warrant to summon three freeholders, setting forth to them the matter, and requiring them at a certain day and hour, and at such a place as the justices and vestry, or the justices where no vestry is, shall, as by this act directed, appoint for such tryals; at which time and place, the said justices and freeholders shall cause the said offender or offenders, and evidence to come before them; and if they, on hearing of the matter, the said freeholders being by the justices first sworn to judge uprightly and according to evidence, which oaths the said justices are hereby impower'd and requir'd to administer, shall judge the criminal or criminals guilty of the offence complain'd of, they or the major part of them, o whim one to be a justice, as in all tryals within this act, shall give sentence of death, transportation, dismembering or any other punishment, as they in their judgement shall think meet to inflict, and forthwith, by their Warrant, cause immediate Execution to be done by the common, or any other Executioner; (Women with child only excepted, who are hereby repriv’d till after delivery) and if they judge not the criminals to die for any Crime, but to receive corporal punishment; and that the owner as recompence, pay unto the party or partied injur’d, a certain sum of money; that then in case the owner or owners refuse to pay the said sum, the said justices and freeholders may adjudge the said criminal or criminals to the party or parties injur'd, his, her or their heirs for ever. And if any slave or slaves shall compass or imagine the Death of any White Person, and thereof be attainted by open Deed before Two Justices and Three Freeholders, such slave or slaves shall suffer Death, any thing herein to the contrary notwithstanding; and that all Petit Crimes, Trespasses and Injuries committed by any slave or slaves, shall be heard and determin’d by any of his Majesty’s Justices within this Island. And if any justice, freeholder, or marshal, shall neglect his or their duty herein, shall respectively forfeit twenty pounds currant money: provided nevertheless, that when, and as often as any of the aforemention'd crimes are committed by more than one slave, that shall deserve death (murder only excepted) that then, and in all such cases only, one of the said criminals shall suffer death, as exemplary to the rest, who are to be returned to the owners, after having receiv'd such corporal punishment as the said justices and freeholders aforesaid shall think fit to inflict; which owner or owners of slave or slaves so deliver'd back, shall bear proportionably the loss of the said slave so put to death: and the owner of the said slave so put to death, with the owner or owners of the said slave or slaves not executed, shall pay proportionably the damage done by the said slave so put to death: And the owner of the said slave so put to death, with the owner or owners of the said slave or slaves not executed, shall pay proportionably the damage done by the said criminals to the party or parties injur'd. as shall be allotted them by the justices and freeholders as aforesaid, not exceeding the value of the slave executed: And if any person shall refuse to pay his, her, or their part so allotted him, her or them, that then, and in all such cases, the said justices and freeholders are hereby required and impower'd to issue out their warrant of distress upon the goods and chattels of the person so refusing, whether they be owner, executor, administrator, guardian or attorney, and shall cause the same to be sold at publick out-cry, to satisfy the said money so allotted them; to pay and return the overplus, if any, to the person concern'd; first deducting twelve pence in the pound for the said distress and sale.
[Clause 12] And be it farther enacted by the Authority aforesaid, That if any person shall hide, conceal, or make away with any slave or slaves, suspected to be guilty of any capital offence, and not upon demand, bring forth the slave or slaves, such person shall forfeit one hundred pounds.
[Clause 13] And be it farther enacted by the Authority aforesaid, That if any white servant shall be taken stealing any wood or timber whatsoever, or any bark fit for tanning, and be thereof convicted before any two of his Majesty's Justices of the Peace, the master or mistress of the said white servant or servants so offending, shall pay unto the owner or proprietor of the land where the offence shall be committed, the sum of three pounds currant money of this island, to be recover'd before the said Justices, who are hereby impower'd and requir'd to order the same, as in all cases of forty shillings; but if upon any slave or slaves shall be found any wood, timber or bark, as aforesaid, such slave or slaves so offending, upon proof thereof before any two justices of the peace, shall be by the said justices condemn'd to serve the said owner or owners, proprietor or proprietors of the said land six months, without any satisfaction give to the person or persons to whom the said slave or slaves do belong, any thing to the contrary notwithstanding.
[Clause 14] And be it farther enacted by the Authority aforesaid, That if any Person shall kill a slave stealing or running away, that shall by Night be found out of his Owner’s Ground, Road or Path, and refuseth to submit, such person shall not be liable to any Damage or Action nor the same, any Law, Custom or Usage to the contrary notwithstanding.
[Clause 15] And be it farther enacted by the Authority aforesaid, That if any Person shall kill a Slave stealing or running away, that shall by Night be found out of his Owner's Ground, Road or Path, and refuseth to submit, such Person shall not be liable to any Damage or Action for the same, any Law, Custom or Usage to the contrary notwithstanding.
[Clause 16] And be it farther enacted by the authority aforesaid, that the Justices and Vestry, or the Justices where no Vestries are within the several Parishes and Precincts in this Island, shall appoint a certain Place in each Parish or Precinct, where shall be the Tryals of all Slaves for capital Offences, and a Record shall be kept of all proceedings thereon in a distinct Book, by the Clerk of the Peace of Clerk of the Vestry, where there are no Clerks of the Peace of each Precinct, who is hereby obliged to give his Attendance at all such Tryals, for which he and the other Officers shall receive such Fees as the Justices ad Vestry, or the Justices where there is no Vestry, shall allow; which shall be paid by the Parish if the Slave shall suffer Death, but by the Owner if Transported.
[Clause 17] And whereas divers Slaves have of late attempted to destroy several people, as well white as black, by poison, the consequences of which secret way of murdering may prove fatal, if not timely prevented: Be it enacted by the Authority aforesaid, That if any Negro, or any Slave or Slaves, before the making of this act, have maliciously given or attempted to give, or shall hereafter maliciously give, attempt or cause to be given to any person whatsoever, free or slave, any manner or poison, altho the same was never taken, or if take, Death did not or shall not ensue upon the taking thereof, the said slave or slaves, together with their accessories as well before as after the fact, being slaves and convicted thereof before two justices of the peace and three freeholders, as aforesaid, shall be adjudged guilty of murder, as if the party or parties that took or shall take the same had died and shall be condemned to suffer death by hanging, burning, or such other way or means, as to the said justices and freeholders shall seem most convenient.
[Clause 18] And it is farther enacted by the Authority aforesaid, That all such as have been Slaves and are already freed, as also all such are now Slaves and shall hereafter be declared Free, shall for all Offences, Capital or Criminal, be try'd and adjudged after the Method and Manner within this Act; and the Evidence of a Slave against them to be good and valid, to all Intents and Purposes, any Law, Custom or Usage to the contrary notwithstanding.
[Clause 19] And for the prevention of the meeting of Slaves in great Numbers on Sundays and Holy-days, whereby they have taken Liberty to contrive and bring to pass many of their bloody and inhuman Transactions: Be it enacted by the Authority aforesaid, That no Masters or Mistresses, or Overseers, shall suffer any Druming or Meeting of any Slaves, not belonging to their own Plantation, to Rendezvous, Feast, Revel, beat Drum, or cause any other Disturbance, but forthwith endeavour to disperse them, by him or herself, Overseer or Servants; or not being capacitated to do the same, that he presently give Notice to the next Commission Officer to raise such Number of Men as may be sufficient to reduce the said Slaves: And the said Commission Officer is hereby required and impower'd immediately to raise the said Men, to reduce and disperse the said Slaves; and whatsoever Owner or Owners, Overseer or Commission Officer, shall neglect his or their Duty herein, shall forfeit the Sum of Forty Shillings for every such Offence, to be recover'd by Warrant before any Justice of the Peace of the said Precincts.
[Clause 20] And be it farther enacted by the Authority aforesaid, That no Person whatsoever shall permit or give Leave to any Slave or Slaves of their own, or under their Care, to hire out themselves; or if any Person whatsoever shall hire any Slave or Slaves in any other Way or Manner than of their Masters, Mistresses, or other Person impower'd to Let the said Slave or Slaves to hire, or permit them to Travel about the Country; or if any Owner or Owners shall contract with his, her or their Slave or Slaves, for any Sum of Money or other Consideration whatsoever, to give Liberty to the said Slave or Slaves to imploy themselves as they think fit, paying such Sum of Money or other Consideration he, she or they shall forfeit the Sum of Forty Shillings for every such Offence, to be recover'd before any Justice of the Peace, one half to the Informer, the other half to be paid to the Church-Wardens of the Parish, for the Use of the Parish where such Offence is committed; and if any Slave or Slaves shall but or sell in any Place or Market whatsoever, any other Goods than such as properly belong to their Owners, or are bought for their Owner's Use, or are express'd in a Ticket from their Owner or Overseer, such Slave or Slaves, upon Complaint made to a Justice of the Peace, shall immediately be whipp'd by Order, and at the Discretion of the said Justice; and whosoever shall receive from, or buy ad sell with such Slave or Slaves, contrary to the true Intent and Meaning of this Act, shall forfeit Ten Pounds for every such Offence, to be recovered in any Court of Record; and that the Offenders against this Clause may not go unpunish'd, the Justices of the several Parishes and Precincts are hereby oblig'd and impower'd to give the presentment thereof in Charge to the several Constables upon Oath.
[Clause 21] And be it farther enacted by the Authority aforesaid, That if any Person shall willingly, wantonly or bloody mindedly kill a Negro or Slave, he, she or they so offending, being thereof convicted by Verdict or Confession in the Supreme Court of Judicature, shall be adjudged guilty of Felony for the first Offence, and have the Benefit of the Clergy, but the second Offence shall be deemed Murder, and the Offender suffer for the said Crime according to the Laws of England, Forfeiture of Lands and Tenements, Goods and Chattels only excepted.
[Clause 22] And it is farther enacted by the Authority aforesaid, That all Masters or Owners of Boats, Wherries and Canoes plying within the Harbour of Port-Royal, shall give their own Bonds of fifty Pounds Sterling, not to carry any Negroes without a Ticket from their Owners or Overseers, (except as before excepted) all which said Bonds are to be taken in the King's Name, and Recorded in the Secretary's Office, and thereupon due recovery to be made by all Persons receiving Damage, in the same manner as is already appointed in the Act requiring all Masters or Ships and Vessels to give Security in the Secretary's Office; and the Secretary is hereby impowered to take one Shilling as his Fee for each of the Bonds, and no more. And in Case any such Owners of Boats and Canoes shall no within forty Days, from and after the Publication of this Act, give in their Bonds to the Secretary as aforesaid, they shall forfeit forty Shillings for every Week after the said forty Days are expired; to be recovered by Warrant from any Justice of the Peace, and to the Use and Benefit of such Person who shall inform or complain of the same.
[Clause 23] And be it enacted by the Authority aforesaid, That it shall and may be lawful for the Justice or Justices and Freeholders aforesaid, in the several Clauses in this Act mentioned, to do their several and respective Duties when Martial Law shall happen to be in force, as they might or ought to have done in time of common Law, any Law, Custom or Usage to the contrary notwithstanding.
[Clause 24] And it is farther enacted, That no Slave shall be free by becoming a Christian; and for payment of Debts and Legacies all Slaves shall be deemed and taken as all other Goods and Chattles are, in the Hands of Executors or Administrators; and where other Goods and Chattles are not sufficient to satisfy the said Debts and Legacies, then so many Slaves as are necessary for the payment of the said Debts and Legacies, shall be judged, deemed and taken as Inheritance, and shall accordingly descend; and all Children of Slaves, born in the Possession of Tenant for Life or Years, shall remain or revert as the Parents do, or should have done, to him or her in Reversion or Remainder after Expiration of such Term, of Years after the Death of Tenant for Life or Tenant in Tail, after Possibility of Issue extinct; provided nevertheless, that nothing in this Clause shall extend or be constru'd to extend to Leases heretofore made, any thing in this or any other Act to the contrary in any wise notwithstanding.
[Clause 25] And be it farther enacted, That all Slaves assigned for Dower shall be liable, proportionably with those belonging to any Heir or Heirs, to the payment of Debts but not of Legacies, any thing to the contrary notwithstanding; provided, that nothing in this Act contain'd shall extend to hinder any Person, possessed in his own Right of any Slave or Slaves, to sell, or by Gift or otherwise, dispose of such Slave or Slaves, as he shall think fit during his Life-time; which Sale, Gift or Disposal shall be a prepetual Bar to his Wife from any claim of Dower in such Slave or Slaves.
[Clause 26] And be it farther enacted by the Authority aforesaid, that all Purchases heretofore made of any Slave or Slaves from any Persons lawfully authoriz'd to dispose of and sell the same for good and valuable Consideration, are hereby declared to be as good and effectual to all Intents and Purposes, as if the same had been by Deed in writing, any Law, Custom or Usage to the contrary notwithstanding.
[Clause 27] And to prevent Disputes that may arise for the future about the Titles of or to any Slave or Slaves, be it enacted, That the Clerks of the Peace, or Clerk of the Vestry where no Clerks of the Peace are, of the several and respective Parishes and Precincts within this Island, shall keep a distinct Book, in which Entries shall be made of all Slaves sold and dispos'd of from one Party to another; in every of which Entries shall be expressed the time of the Sale made, with the Names of the Vendor and Vendee, the Name and Mark of the Slave or Slaves, with the Consideration for which sold; which said Entry, if the Seller is lawfully authoriz'd to sell or dispose of such Slave or Slaves, shall be as good and valid to ratify and confirm the said Sale or Sales, as if the same had been by Deed in writing under Hand and Seal, and shall be held, deem'd and adjudg'd to be a sufficient Record and Evidence in any Court of Record within this Island; and if by any Person razed or embezzeled, the Person so offending shall suffer such Punishment as the Law hath provided against such as raze and imbezzle Records; and for every such Entry the Clerk shall receive, if but one Negro, seven Pence Halfpenny; if above, fifteen Pence and no more. And if any Buyer shall fail or neglect to make Entry with the Clerk as aforesaid, he shall forfeit forty Shillings for every such Offence. And if the Clerk shall refuse or neglect to make such Entry, he shall forfeit Ten Pounds for every such Offence to the Party injur'd, to be recovered by Action of Debt in any Court of Record within this Island, wherein no Essoign, Protection or Wager of Law shall be allowed: Provided nevertheless, That this Clause, or any thing therein contain'd, shall not be construed to extend to oblige any Person or Persons to make such Entry of Slaves at their first Importation into this Island, any thing in the above Clause to the contrary notwithstanding.
[Clause 28] And be it enacted by the Authority aforesaid, That all Masters and Mistresses, Owners, or in their Absence, Overseers of Slaves, shall as much as in them lies, endeavour the Instruction of their Slaves in the Principles of the Christian Religion, whereby to facilitate their conversion, and shall their utmost endeavour to fit them for Baptism, and as soon as conveniently they can, shall caused to be Baptiz’d all such as they can make sensible of a Deity and the Christian Faith.
[Clause 29] And be it father enacted by the Authority aforesaid, That the Justices within the several and respective Parishes and Precincts of this Island shall at the first Sessions in every Year, limit and appoint the Number of Holy Days that shall be given to Slaves at the usual Festivals of Christmas, Easter and Whitsontide, any thing to the contrary notwithstanding.
[Clause 30] And be it farther enacted, That the Justices within their several and respective Parishes and Precincts within this Island, shall cause this Act to be publish'd every first Sessions in the Year, on Penalty of ten Pounds, to be paid by the said Justices in Case of neglect or refusal, any Law, Custom or Usage to the contrary notwithstanding.
[Clause 31] And it is farther enacted by the Authority aforesaid, That all Penalties mention'd in this Act, and not declar'd where they shall be recovered, or how dispos'd of, not exceeding forty shillings, shall be recovered by Warrant from any Justice of the Peace; and all Penalties exceeding forty Shillings shall be recovered by Action of Debt, Bill, Plaint or Information in any Court of Record within this Island; one Moyety or half part of all such Forfeitures shall be to our Sovereign Lord the King, his Heirs and Successors, for and towards the support of the Government of this Island, and the contingent Charges thereof, and the other Moyety or half party to the Informer, or him or them that shall sue for the same.
[Clause 32] And be it farther enacted by the Authority aforesaid, That one Act, entitl'd An Act for better order of Slaves, made at a Sessions held by Prorogation the first Day of September, in the Twenty Fifth Year of the Reign of King Charles the Second, as also one other Act, entitled, An Act for the better Government of Slaves, made at an Assembly convened at St. Jago de la Vega, the Twentieth Day of July, in the fourth Year of the late King James the Second; both which said Acts, and every Clause and Clauses, Thing and Things therein contained, are hereby repealed, annihilated, and made void to all Intents and Purposes whatsoever, any thing to the contrary notwithstanding.
Transcriber's note: this law also appears in the 2nd edition to this collection of laws: The laws of Jamaica, pass'd by the governours, council and assembly in that island, and confirm'd by the Crown. To which is prefix'd an account of Jamaica. London: Printed by W.W. and sold by W. Mears, at the Lamb without Temple-Bar; and Tho. Corbett, the corner of Ludgate-Hill, Fleet-Bridge, 1719.
Date of the act (1696) found in the e-table of contents of the second edition.
Act is also found in The Laws of Jamaica, pass'd by the governours, council and assembly in that island, and confirm'd by the Crown, London: printed by W. Wilkins, at the Dolphin in Little-Britain, 1716.
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"An Act for the better Order and Government of Slaves." Laws of Enslavement and Freedom in the Anglo-Atlantic World, accessed Nov 21, 2024, https://slaveryandfreedomlaws.lib.unb.ca/laws/365
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Absenteeism, Arson, Baptism, Capital Offense, Corporal punishment, Dismemberment/Loss of Limb, Felony, Health of Enslaved People, Holidays, Jail/confinement, Killing of an Enslaved Person, Murder, Poison, Provision Grounds, Provost Marshall, Rebellion/Conspiracy, Religion, Reward, Running away, Take Up/Custody of Enslaved, Theft, Tickets, Transportation, Weapons, Whipping, White Servants, Without benefit of clergy