An Act for the Encouraging the Importation of White Servants

Forasmuch as this Island hath by the last Expedition Sickness and other Casualties Sustained great loss in the Deaths of White Men to the great weakenning of the same and whereas no [illegible] Expedient can be proposed than the Encouraging the Importation of White Servants for the Strengthenning and better defence of their Majesty’s Island especially in this Hazardous time of War with the French and to the Intent also that all due Encouragement may be given Merchants Masters and Employers of White Servants to bring the same and may not be discouraged and their Servants lye upon their hands for want of Buyers: We pray their most Excellent Majesty’s that it may be Enacted and Ordained, And it is hereby Enacted and Ordained by the Authority aforesaid that all Merchants Masters and [10] and Employers of White Servants shall have [remainder of line obscured by crease] each able English Scotch or Welsh Man above the age of Sixteen and under the age of forty years [remainder of line obscured by crease] delivered on shoar to the Marshall or other person appointed for the receiving of them the Quantity or Sum of two thousand five hundred pounds of good Merchantable Muscovado Sugar at some convenient Shipping place in this Island. 

Provided that the said Servants be by Indenture Contract or otherwise compelled or obliged to Serve the full term of four Years from and after the day of his arrival in this Island. 

And be it further Enacted that whatsoever Master or Commander of any Ship or Vessel shall bring in or Import into this Island to the Number of twenty White male Servants at one time and due proof upon Oath being made thereof before the Naval Officer who is hereby Impowered to administer the same shall for that Voyage by altogether [illegible] and Exempted from paying any Port Charges for the said Ship or Vessel wherein the said Servants shall be Imported any other Custom or Law notwithstanding. 

And be it further Enacted that the Governor for the time being with two of the Council and two of the Assembly of this Island are and shall be hereby Authorized to sell Send or place one two or more Servants so Imported to any Plantation or Plantations within this said Island where white Servants are wanting or where they shall see most convenient for the necessary defence of the same and that all Masters Mistresses chief Occupyers or overseers of such Plantation or Plantations shall be and are hereby obliged to receive them he She or they paying within one Month after receipt of said Servants the Sum of two thousand five hundred pounds of Sugar [?] as aforesaid.

And be it further Enacted by the Authority aforesaid that nay Debt or Debts Contracted arising or accruing due from any person or persons whatsoever for such Servant or Servants sold or disposed of within this Island in manner as aforesaid shall or may be recovered by Warrant of distress from any Justice of Peace directed to the Marshall Deputy or Constable to Levy the said Debt or Debts on the parties Goods and Chattles to whom the said Servant or Servants Shall be so Sold sent or placed as aforesaid who by Virtue thereof shall Expose the same to Sale returning the Overplus if any be to the Owners.

And forasmuch as there are Several Plantations in this Island whose owners [remainder of line obscured by crease] or overseers to manage them who reap no other Benefit by the said Plantations than their Yearly Salaries or Wages We pray that it may be Enacted and Ordained that if such persons as are hereby Impowered to sell or dispose of Imported [line obscured by crease] and may be lawful on the said Attorneys or Overseers their refusal to pay for any Servant so Sent or placed to deliver the Goods and Chattles belonging to such Plantation or Plantations in manner and Form aforesaid and the same so distrained to dispose of in manner as aforesaid tendering the Overplus (if any be) to the said Attornies or Overseers. 

And it is hereby Enacted by the Authority aforesaid that within Six Months after the Import of two hundred white male Servants no person or persons whatsoever Employing themselves or Slaves in the Exercise of Coopers, Smiths, Taylors, Carpenters, Lawyers, Masons or Shinglers, within this Island shall use any Negro Slave or Slaves in the said Trades or Occupations under the Penalty of four thousand pounds of Sugar to be recovered by Warrant from any Justice of the Peace in manner as is directed in an Act Entituled an Act for preventing abuses that arise by persons going aboard before the Master hath made his appearance to the Governor and for the better ordering Boats and Wherries .

Provided also that nothing herein be construed to prohibit any Master or owner of any Sugar work within this Island from making Cask at their respective Plantations any thing in this Act to the contrary notwithstanding. 

And in as much as there is great difference in the Value and worth of Servants yet by this Act no regard is had thereto, lest it may discourage the Importation of them contrary to the intent and meaning hereof, Be it further Enacted by the Authority aforesaid that it shall be in the Power, and lye in the breast of such Persons as are hereby Authorized to Sell and dispose of the Servants aforesaid to advance on the Value of the best and most able Servants and to initigate and abate in the said Value of two thousand five hundred pounds of Sugar hereby set upon them so much as they shall Judge any Servant through Impotency or Sickness to fall short of the Price hereby allowed that equality may be extended to all. 

And in as much as Several Evil Members in this Island do Inveagle and entice Servants and Slaves before they are acquainted with the Laws and Customs of this Island so Squander away imbezil or consume their Masters Mistresses or Employers Goods Be it Enacted by the Authority aforesaid that no person or persons presume to Trade or deal with any white Servant Negro or Slave whatsoever without their Masters or Mistresses consent, or Certificate under their hands to that purpose on the penalty of forfeiting to the Master or Mistress of such Servant Negro or Slave treble the Value of the things traded for bought or sold and also One thousand five hundred pounds of Sugar to be recovered by such Master or Mistress by Action of Debt in any Court of Record in this Island and in case of the said person nonability [11] to be punished by Corporal punishment at the Discretion of the next Justice of the Peace and all Contracts made with Servants Negroes or Slaves to be utterly Void, Dated in Mountserrat the Sixteenth Day of January in the fifith Year of their Majesty’s Reign Anno Dom: 1693.

Signed Chr. Codrington 

Confirmed by His Majesty in Council at Kensington December 31st 1696

By Order of the Lords Commissioners for Trade and Plantations} A True Copy Examined 

Edward [?] Popple, Secretary 

Whitehall September 26: 1724

Montserratt September the 4th 1725. Published by Order of the Lieutenant Governor & Council 

John Hartt

D. P. Marshall

By Order of the Honourable the Lieutenant Governor and Council Intituled (an Act for the Encouraging the Importation of White Servants) is a true Copy taken and Examined from a Copy sent from the Lords Commissioners for Trade and Plantations and under the Seal of the Office

Mountserratt December 16: 1725.                  Geo. Ffrench Jun. D. Secretary