An Act for the further and better regulating Negroes and other Slaves, and for the more effectual and speedy Way of prosecuting them in criminal Causes

Whereas, notwithstanding several good and wholesome Laws for regulating Negroes and other Slaves have been enabled, yet frequent Complaints are made by the Inhabitants of these Islands, of their Insolency and daily Theft, by breaking Houses, and thence stealing Money, Plate, and divers other Things, which we conceive is chiefly occasioned by the great Li­berty given to many of them by their Masters and Owners to buy for themselves, and wear fine Clothes, or other Ornaments, which cannot be procured by the said Slaves without stealing whereby to purchase the same; for Preven­tion of which Evil for the future, We, your Majesty’s most dutiful and loyal Subjects, the Assembly of these your Majesty’s Bermuda or Summer Islands in America, do most humbly beseech your Majesty, That it may be enacted, and be it enacted by your Majesty’s Lieutenant Governor, Council, and Assembly, and it is hereby enacted and ordained by Authority of the fame, That from and after Publication hereof, all Matters or other Owners or Possessors of any Slave or Slaves in these Islands shall find for them

Neither shall allow any of them Liberty to raise any Sort of Stock or Poultry, or plant Provision or other Thing, or make any Sort of Cloth to his or their own Use and Uses, or upon parts; and if any Person shall presume so to do, the Owner or Possessor of any such Slave, suffered to offend as aforesaid, shall forfeit and pay for every such Offence the Sum of Five Shillings Current Money; one Half to the Church-Wardens for the Use of the Tribe or Parish, where the Offence shall be committed; and the other Half to the Informer, or him that will sue for the same; and the Negro, or other Slave, to be whipt at the Justice’s Discretion.

And whereas it is a common Practice amongst Negroes and other Slaves in these Islands to send or carry abroad to other Places beyond Sea Adventures of Brass, Pewter, Platt, Bongraces, Caps, &c. which cannot be procured by the said Slaves without stealing; to prevent which for the future, it is hereby fur­ther enacted, That if any Adventures, of any kind whatsoever, be made as aforesaid, and shipt and carried on board any Vessel by any Slave whatsoever be­longing to these Islands, it is hereby declared lawful for any Master or Owner of any Vessel belonging or sailing from hence, and having such Adventures on board their Vessel, to take and seize the same for their own Use. 

And it is further enacted by the Authority aforesaid, That the Constable or Constables of each respective Tribe or Parish do cause a sufficient Watch to walk throughout each Tribe or Parish in the Night, at least twice in every Week, and inspect all Negroes Cabbins, and other suspicious Places, exa­mining at that Time what Slaves are abroad, under the Penalty of Two Shil­lings and Eight Pence for every Neglect; to be recovered, and to be to the Use aforesaid : Which Account of the Slaves being abroad, shall be given to the Owner or Owners of such Slave or Slaves the next Day, or as soon as con­veniently may be, by the Constable or Master of the Watch, in Order to punish them so being absent, without Liberty given them by their Master or Owners, under the Penalty of Two Shillings and Eight Pence for every Default in either of them.

And if any Slave be found absent upon such Inspection, without Leave as aforesaid, they shall for every such Offence be sufficiently whipt by the Master or Owner thereof, in View of the Master of the Watch or Constable; and in cafe such Owner or Possessor of such Slave or Slaves, as aforesaid, shall refuse forthwith to punish such offending Slave or Slaves, or cause the same to be punished in Manner aforesaid; that then such Master of the Watch, or Con­stable, shall make Complaint to the Justice of the Tribe or Parish of the same, who is hereby impowered and directed to order the said Punishment to be inflicted upon such offending Slave or Slaves by the Constable of the said Tribe or Parish, the Master, Owner, or Possessor of the said Slave or Slaves satisfying and paying the Constable as the Justices shall think reasonable.

And if any Justice of the Peace in these Islands shall or do any ways neglect, refuse, or connive at the due Prosecution of this Act, according to the true Intent and Meaning of the same, shall forfeit and pay the Sum of Five Pounds Current Money for every such Offence, to be recovered and put to the Use aforesaid; and that all the Penalties in this Act shall be recovered as in Actions of Debt not exceeding Forty Shillings.

And whereas many heinous and grievous Crimes, as that secret and barba­rous Way of murdering by Poison, and other Murders, Burglaries, robbing on the Highways, Thefts, Rapes, burning of Houses, &c. may be many times committed by Negroes and other Slaves, and many times attempted to be com­mitted, in which, though by divers Accidents, have been prevented; and also do many times steal, wilfully kill, maim, and destroy Horses, Mares, Geld­ings, Cattle, Sheep, or other Thing of the like nature, &c. and of the Va­lue of Twelve Pence Sterling or above; and many times by attempting to steal from the Inhabitants of these Islands Stock and other Goods beforementioned, of above or under the Value aforesaid, do put the Inhabitants, or some of their Families, in Terror, Dread, and Jeopardy of their Lives; which Offend­ers, for Danger, or Fear of Escape, are not long to be in Prison, and being brutish Slaves, deserve not (for the Baseness of their Condition) to be tried by the legal Trial of Twelve Men (which neither truly can be rightly done as the Subjects of England are) nor is Execution to be delayed towards them in cafe of such horrid Crimes committed; It is therefore enabled and ordained by the Authority aforesaid, That when, and as often as any such Crime as afore­said shall be committed, or attempted to be committed, by any Negro, Slave, or Slaves, and the said Criminals apprehended, and brought before any of his Majesty’s Justices of the Peace in these Islands, and the Justice, before whom such Criminals are brought, shall take Security for their forth coming, or send them to Prison, and with all convenient Speed shall join with him Two next Justices, whereof one shall be of the Quorum; and these Justices shall, by their Warrant or Precept, call to their Assistance Four able and good Free­holders, to be nominated and chosen at the Discretion of the said Justices; and these Seven Persons, to wit, the Three Justices and Four Freeholders as afore­said, shall hear and examine all Evidences, Proofs, and Testimonies, or by plain Circumstances, such as the said Justices and Freeholders, or the major Part of them, shall or may think sufficient and reasonable Proof to convict such Negro or other Slave, in order to punish them either with Death, or otherwise, according to the Nature of their Crime, and as the said Justices and Freeholders shall think fit (the said Freeholders being first sworn before the Three Justices) who are hereby impowered to administer the same, and forthwith by their Warrant cause Execution to be done upon such Negro or Negro Slaves, by some Negro to be pressed for that Purpose by some Constable, to be appointed by Warrant from the said Justices.

And it is further enacted, That if any of the Freeholders aforesaid shall make default to appear upon such Summons before the Justices as is beforementioned, or appearing, shall refuse to join in fitting with them as is above appointed, and do [shew] no sufficient Cause for such Default, to be approved of by the said Justices; that then the aforesaid Justices shall, and are hereby ob­liged to impose a Fine of Five Pounds on such Refuser, which Fine or Forfeiture shall be immediately levied by the said Justices Warrant, directed to the next or nearest Constable, or what Constable they shall think fit, to levy the same as aforesaid (upon Refusal of Payment) on their Goods and Chat­tels; to be one Half towards defraying the publick Charges of these Islands, and the other Half to him or them that will sue for the same; to be recovered as aforesaid.

Be it further enacted by the Authority aforesaid, That if any Justice or Justices of the Peace whatsoever shall refuse, delay, or neglect meeting toge­ther in Form as aforesaid, or shall delay convening together Four Freeholders as aforesaid, such Justice Or Justices so neglecting his or their Duty, shall forfeit and pay the Sum of Five Pounds Current Money; to be recovered, and to be to the Use aforesaid.

Be it further enacted, That when and as often as the said Justices and Freeholders shall hear, determine, and condemn any Negro (by them found guilty) to Death, that the said Justices and Freeholders shall and may put a Value upon such Negro or other Slave (not having any Respect to the Slave’s Conviction) which Value by them so set shall be paid to the Master or Owner out of the publick Money of these Islands, where the same can be best spared, within Six Months after the Execution of such Negro or other Slave.

And also for each and every Day the said Justices and Freeholders shall have Cognizance, hearing or determining of any Criminal Matters whatsoever, pursuant to the said Act, they shall be allowed out of the publick Treasury of these Islands the Sum of Forty Shillings for their Entertainment.

Be it also enacted, for the more Ease, and to prevent Charges of the Government in the present Exigency, That the Negroes now imprisoned and in Custody for poisoning, or Suspicion of poisoning, be with all convenient Speed tried by Virtue of this Act; and that the Persons hereafter named, or the Majority of them, be hereby obliged to try, hear, and determine the same, under the Penalties before in this Act mentioned.

Of the JUSTICES; 

Edward Jones, Efq; of the Quorum;

Thomas Smiths and John Harvey, Efqrs Justices.

Of the FREEHOLDERS;

Nathaniel Bascome and Ephraim Gilbert, Efqrsj Capt. Henry Corbusier, and Capt. Jacob Johnson.

And that all Charges whatsoever, accruing by any Manner of Trials or Hearings pursuant to this Act, be taxed by the said Justices and Freeholders; and that the same be paid out of the publick Treasury of these Islands, or by the Owner or Possessor of such Slave or Slaves, as the said Justices and Freeholders in their Discretion shall think fit to order.

And lastly, to the Intent this Act, and every Clause and Branch thereof may receive full Execution, and no Person plead Ignorance therein, it is enac­ted and ordained by the Authority aforesaid, That this Act be read and published in these Islands in the Parish Churches on the Lord’s Day where the Sermon or other Divine Service shall happen, the first Sunday in October, and the first Sunday in April in every Year ensuing; and that this Act shall be, and remain in full force for and during the Term of Three Years, and from thence to the next Sessions of Assembly.

An Additional Clause to the Act intituled, An Act for the further and better regulating Negroes and Slaves, and for the more effectual and speedy Way of prosecuting them (1731) in Criminal Causes in Acts of Assembly Made and Enacted in the Bermuda or Summer-Islands, Continued to 1736, p. 101

Whereas the Impudence of Negroes and Slaves of late has been such, as to stab, strike, and threaten several White Persons; for Prevention of which for the future, We, your Majesty's Bermuda or Summer Islands in America, do most humbly beseech your Majesty that it may be enacted, and be it enacted by your Majesty's Lieutenant Governour, Council, and Assembly, and hereby it is enacted an ordained by the Authority of the same, That from and after Publication hereof, if any Negro, or other Slave, shall stab, strike, or threaten to stab or strike any White Person or Persons, that then every such Negro or Slave, stabbing, striking, or threatening or attempting to stab or strike, shall for every such Offence be examined, heard, tried, and adjudged by Force of the Act aforementioned; and that the Justices and Freeholders in the said Act expressed, shall, and have hereby full Power and Authority to punish such offending Slave or Slaves with Death, or otherwise, as they in their Discretion shall see fit.

And, that the Justices and Freeholders for every Refusal or Neglect are subject to the Penalties and Forfeitures in the said Act mentioned and expressed; and that this Additional Clause be and continue in full Force for and during the Continuance of the said Act, and published with the same at the particular Times therein mentioned.

A further Additional Clause to the Act intituled, An Act for the further and better regulating Negroes and other Slaves; and for the more effectual and speedy Way of prosecuting them in Criminal Causes (1732) in Acts of Assembly Made and Enacted in the Bermuda or Summer-Islands, Continued to 1736, p.105

Whereas in the said Act it is enacted, That if any Negro or other Slave shall be found guilty of stealing the Value of Twelve Pence Sterling, or above; or that shall attempt to steal from any the Inhabitants of these Islands, Stock, or other Goods, of above or under the Value aforesaid, thereby putting such Inhabitants, or some of their Family, in Terror, Dread, or Jepardy [sic?] of their Lives, that such their Cries shall be esteemed Felony, and are to be tried as in the said Act is expressed:

And whereas sundry Negroes have done, and still do cut, steal, and destroy the Palmetto-Tops and Trees in these Islands to a considerable Value, yet their Punishment, when convicted, amounts to no more than whipping; wherefore in Order to prevent (if possible) the total Destruction of the said Trees, and the Expirtation of Tops; We, your Majesty's most dutiful and loyal Subjects, the Assembly of these your Majesty's Bermuda or Summer Islands in America, do most humbly beseech your Majesty, that it may be enacted, and be it enacted by your Majesty's Lieutenant Governor, Council, and Assembly, and it is hereby enacted and ordained by the Authority of the same, That from and after Publication hereof, if any Negro, or other Slave whatsoever, shall be found guilty of cutting, or stealing any Top or Tops, or that shall have any Top or Tops, or Palmetto-Strings of any Sort, and cannot render a satisfactory Account to such Person or Persons discovering the same, that then such Negro or other Slave, so stealing or having the same in their Possession unlawfully, shall be deemed Felons, and be tried, heard, adjudged, and sentenced as in all Cases of Felony by Virtue of the abovementioned Act in every Respect.

And that this Additional Clause be and continue in full force for and during the Continuance of the said Act, and published with the same at the particular ties therein mentioned.

An Act for renewing and making some Alterations to the Act, intituled, An Act for the further and better regulating Negroes and other Slaves, and for the more effectual and speedy Way of prosecuting them (1733) in Criminal Causes in Acts of Assembly Made and Enacted in the Bermuda or Summer-Islands, Continued to 1736, p. 110

Whereas the abovementioned Act was enacted and made to be in force for the Term of Three Years, and from thence to the net Sessions of Assembly , and is now expiring; and it being found for the general Good of the Inhabitants of these Islands (with some Alterations) to prolong the same, together with one Additional Clause, expiring with the said Act, passed and published the Fourth Day of November, 1731. We therefore, Your Majesty's most duitful and loyal Subjects, the Assembly of these your Majesty's Bermuda or Summer Islands in America, do most humbly beseech your Majesty, that it may be enacted, and be it enacted by your Majesty's Lieutenant Governor, Council, and Assembly, and it is hereby enacted and ordained by Authority of the same, That the said original Act (except what is hereafter altered and amended, together with the Additional Clause abovementioned) be and are hereby renewed and prolonged for the further Term of Three Years from the Publication hereof, and from thence to the End of the next Sessions of Assembly; which Additions and Alterations are as followeth, viz. That if the Justices and Freeholders shall, for Time to come, try any Negro or Slave the same shall be by them done gratis at their own Expence, only Justices Clerks, and Constables Fees, which are to be taxed and allowed by the Court that tryes them, or the Majority thereof; and that any Two Justices of the Peace, with one of the Quorum, is hereby appointed and authorized thereunto