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Whereas the behaviour of the Negroes & other Slaves on this Island, has of late, and particularly since the Warr been more Insolent, & their villainies more frequent & notorious than ever. Therefore in order to their better Government in the future, Wee your maties most dutyfull and loyal Subjects the govern in chief of all your maties Leeward Carribee Islands in america, the council of St. Christophers, togeather with the assembly of the same; Humbly pray your most excellent Matie That it may be enacted & ordained; And be it, and it is hereby Enacted & ordained by the authority aforesaid. That from and after the day of the date of this Act it shall & may be lawfull for any Justice of the Peace of this Island upon complaint made to him of any felony or other crimes Committed by any negro or other Slave whatsoever on this Island to issue out his Warrant, for apprehending the Offender or Offenders, and him or them within the form Term of three days after his or their being in custody, taking into his assistance one other Justice of the peace, near the place where the offence shall be committed, without a Jury, hear , Examine, try, award & appoint pains & penalties, & inflict & cause Execution to be done as to life, or limb, or other punishment, by warrant under their hand & Seal, in which they are to regulate themselves according to the known Laws of England in criminal cases. And be it further Enacted by the authority aforesaid That if an person or persons whatsoever shall force, persuade, or otherwise Seduce any negro, or other Slave, out of his or their Master, or owners plantation or plantations, house, or houses, from any other place whatsoever, and shall entertain him, or them to work, or abide with hm or them, so that the Master or owner be deprived of his or their Service, is hereby declared to be guilty of Felony, and if any person or persons whatsoever does? by force, or persuasion carry off from this Island, any negro or other Slave (other than his or their own, or such as he or they may be Lawfully entrusted with) or butt attempt the Same, shall be guilty of felony, and debarred the benefit of clergy. And Be it further enacted by the Authority aforesaid, That what person or persons soever shall presume by themselves, or others under him or them, to trade traffick or deal with any negro or other Slave for Sugar, Syrup, Molasses, Indigo, tobacco, ginger, Cotton, copper, brass, pewter or any other goods or merchandise whatsoever, without the Knowledge or consent of the said Master or owner of such negro, or other Slave, signified by anote in writing, or by sending some white person with said negro or other Slave, upon complaint made to the next Justice of the Peace, the person or persons so offending, shall be bound to his or their good behaviour and to appear at the next Quarter Sessions of the peace to be held for this Island, and there be fined, as the court shall think fitt, not exceeding twenty pounds or double the vallue of the goods so clandestinely bought. And Be it further Enacted, if any negro or other Slave, oppose, Struggle with, or strike any white person upon complaint made to the next Justice of the Peace, the said Negro or other Slave so offending shall be publiquely whip’d by the constable of that division, or some other person he shall provide to do the same, at the Discretion of said Justice, but in case such person be hurt, wounded, bruis’d or maimed by such negro or other Slave, then two Justices of the Peace are hereby authorized and empowered to Sentence such negro or other Slave, to death, dismembering, or such other punishment as they in their Discretion shall think fitt; And for the better preventing of? running away of negroes & other Slaves and evil minded peoples entertaining them, Be it further Enacted by the authority aforesaid, That what person or persons soever shall entertain, or harbour any negro or other Slave other than his own, and being runnaway above twenty four hours, and not give the owner (if to him or them known) any account? of such Slaves being in his or their custody, shall forfeit and pay to the owner of such negro or Slave, if a common field negro twelve shillings, if a trades man twenty shillings for each twenty four hours, after the first, but if the Master shall not be known, then the party or parties in whose custody such runnaway negroes or Slaves are, shall carry him or them to the provost Marshall of this Island, or his lawfull deputy for the time being, who is hereby obliged to receive him or them into his custody, and pay the bringer six shillings for taking each such said runnaway negro or slave, and nine pence per mile for as many miles as each said negro or other Slave is brought to the Goal, from the place where he or they were taken, and the said Marshall is to keep the said negro or other Slave in safe custody, and by alist at the prison door, or some other publick place, insert the name of such negro’s and other Slaves as are in his custody, their age, and other Marks, as also their masters names (if known) and if the Marshall or his deputy,
Shall refuse to pay the bringer as aforesaid, or receive the negro or other Slave, or neglect to putt their names in the list, he or they shall for every such offence forfeit ad pay six pounds warrant money, and in case the said Marshall or his deputy shall negligently or wilfully Suffer such negro or other Slave to escape, or shall putt them to work, shall forfeit and pay to the owner for every twenty four hours so employ’d as is before expressed, for entertaining runnaway negroes, and in case any negro or other Slave perish in his custody for want of provision, shall forfeit & pay fifty pounds Current Money Provided allways That the said Marshal upon the delivery of any negro or other Slave to their respective Master or owner, shall receive from him or them, the six shillings paid for taking each negro or other Slave, and the nine pence mile, and for every twenty four hours he or they have been in his custody shall receive twelve pence, and if any negro or other Slave shall happen to live? so long in prison as three Months, such negro or other Slave is to be taken out of prison, and Sold at Publick outcry for the fees and charges aforesaid, by warrant under hand & Seal of two Justices of the peace (and the overplus (if any) after the payment aforesaid, to the owner or owners (if known) otherwise to the Treasurer for the time being, for the use of the publique, till the owner shall appear, to whom the Treasurer shall be obliged to account and pay what remains in his hands, all necessary charges first Deducted; and the Marshall or his lawfull Deputy is hereby injoyned to give notice to one or more Justices, when the Term of three Months is expired for each such negro or other Slave, or forfeit and pay for each and every such neglect, the sum of four pounds current Money. And be it further Enacted by the authority aforesaid, that if any person or person shall kill a negro or other Slave in the just defence of his life or property, or in the pursuit of such negro, or other slave being runaway or broke out of prison, and resisting & refuseing to submitt such person or persons shall not be lyable to any prosecution, molestation or damages. whatever, either in law or Equity, any law, usage or custome to the contrary notwithstanding, always provided, and it is the true Intent and meaning of this Act, That the Master and owner of all such negroes and other Slaves that shall be so kill’d or punished with Death, by virtue of any Sentence, according to this Act, shall be Satisfied & pay’d for the loss of such negro or other Slave by the Treasurer of this Island for the time being, the said negro or other Slave being to be appraised by two neighbouring freeholders by warrant under the hands and Seals of the two Justices aforesaid, which said appraisers shall take the following oath viz. I A.B. and C.D. Do swear upon the holy evangelists of almighty God that the appraisment which I shall now make, shall be according to my conscience, best skill and judgement, without favour or affection to any person or persons whatsoever, So help me God, and the contents of this book; which said appraisement?, shall be certifyed by the said two Justices to the Treasurer for the time being, who is hereby commanded to pay the same out of the publick Stock of this Island. And for as much as negroes and other Slaves upon committing any crime frequently Escape to the Mountains so that they cannot be taken in along time, Be it therefore further Enacted by the authority aforesaid, That what negro or other Slave soever shall at anytime committ a felony or other crime, and shall absent him or themselves, so that he or they cannot be taken to be brought to Tryal in the space of four Months, after the crime committed, every such negro or other Slave, shall be and is by virtue of this Act Outlawed, and if the Master or owner of such negro or other Slave shall willfully keep such negro or Slave, or be a ameans of hindering his or their being brought to Tryal, every such Master or owner is hereby foreclosed & Debarred from haveing any benefit by this act, or receive any thing for such negro or Slave if killed, or brought to Tryal by any other Means. And Be it further Enacted by the authority aforesaid That no retailer or retailers of strong liquor shall after publication of this Act, presume to sell upon Sundays or holydays, any liquor or liquors of what nature or quality soever, to any Slave or Slaves upon the paine and penalty of three pounds warrant money for every such offence? committed. And because it is not possible to foresee and provide against all the Difficulties that may happen in the execution of this Act, Be it Enacted by? the Justices of the Peace in their Sessions, may from time to time make and publish such further orders & regulations as shall be found necessary for the better Government of our Slaves.
And be it further enacted by the authority aforesaid That if any Justice of the Peace of this Island. shall neglect or refuse to do his duty as by this Act is required, he or they shall forfeit and pay for such neglected or refusal the Sum one? of twenty pounds to be sued for in any of her Maties Courts of this Island, the one half be? to the Informer, and the other to fortify the Island. And where any clause of this Act requires Marshall or his Deputy or any Constable to do and perform any Duty where a penalty is not already mentioned, he or they neglecting or refusing to do the same, the Justices before whom, the Matter goes? shall fine said party or partys so neglecting or refusing, for each such offence, according to their Discretions, not exceeding ten pounds current money, and such, and all other penalties arising by virtue of this Act, and not directed how to be levyed, or disposed of, shall be levyed by Warrants under the hand & Seal of two Justices on the goods and chattels of the party or parties offending, by a constable of this Island and sold at publique outcry, rending? the overplus (if any) to the owner, the fines & forfeitures to be to her Matie, and applyed to the fortifying this Island. Dated at the town of the old Road St. Christophers the twenty fourth day of March 170¾ in the third year of her Majesties Reigne
Vera Copia John Helden {signature} C? Council
___ {signature} ___
Chr. Codrington {signature}
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Laws of Enslavement and Freedom in the Anglo-Atlantic World © 2023 by Stefanie Hunt-Kennedy is marked with CC0 1.0.