The Virginia Slave Code of 1705

Content Warning

Some of the works in this project contain racist and offensive language and descriptions that may be difficult or disturbing to read.  Please take care when reading these materials, and see our Ethics Statement and About page.

[Note: So that this manuscript version can be easily collated with the version published by William Waller Hening in his edition of Virginia laws in 1809, republished in 1812 and 1823, (volume 3: 447-461), the relevant sections of Hening, and indications as to the pages of Hening, have been added.’
This version is from the Library of Congress, John Page manuscript of the laws, owned by John Page, former Governor of Virginia until his death in 1808. It was part of the manuscripts sold to the Library of Congress by Thomas Jefferson.]
[p. 111 of manuscript, corresponding to p. 3:447 of Hening]
An Act Concerning Servents and Slaves [1705]

[I.]Be it Enacted by the Governor Councill and Burgesses of this present Generall
Assembly and it is hereby Enacted by the Authority of the Same That all Servants
brought into this Country without Indenture if the Said Servants be Christians and
of Christian Parentage & above Ninteen Years of Age Shall Serve but five Years
and if they be under Ninteen Years of Age till they Shall become twenty four
years of Age and noe Longer.
[II.} Provided always that every Such Servant
be Caryed to the County Court within Six Months after his or her arrivall

112

into this Colony to have his or her Age adjudged by the Court otherwise shall be
a Servant no longer than the accustomary five years altho much under the age of Ninteen
Years And the Age of Such Servant being adjudged by the Court within the Limitation
aforesaid shall be Entered upon the Records of the said Court And be accounted
Deemed and taken for the true age of the Said Servant in Relation to the time of
Service aforesaid
[III] AND also be in Enacted by the Authority aforesaid and
it is hereby Enacted that when any Servant Sold for the Custome shall pretend to
have Indentures the master or Owner of Such Servant for Discovery of the truth
thereof may bring the Said Servant before a Justice of the Peace And if the said
Servant Cannot produce the Indenture Then but Shall Still pretend to have one
The said Justice shall Assign two Months time for the doing thereof – in which
Time if the Said Servant Shall not produce his or her Indenture it Shall be
taken for granted that their never was one And shall be a Barr to his or
her Claim of making use of one afterwards or taking any Advantage by one.
[IV] AND also be it Enacted by the authority aforesaid and it is hereby Enacted
that all Servants Imported and brought into this Colony by Sea or Land who
were not Christians in their own country (Except Turks and moores in Amity
with her Majesty, and all Negroes and others that can make due proof of
their being free in England or any other Christian Country before they were
Shipped in order to transportation hither) Shall be accounted and be Slaves
And as Such be here bought and Sold notwithstanding a Conversion to
Christianity afterwards.
And be it Enacted by the Authority aforesaid And it is hereby Enacted That
if any person or persons Shall hereafter Import into this Colony and here Sell
as a Slave any person or persons That Shall have been a freeman in any Christian
Country Island or plantaion Such importer and Seller as aforesaid shall forfeit
and pay to the party from whome the Said free man Shall recover his freedom
Double the sume for which the said free man was Sold to be Recovered in any
Court of Record within this Colony According to the Course of the Common Law
Wherein the Deffendant Shall not be admitted to plead in Barr Any act or
Statute for Limitation of Actions provided always that a Slaves being in England
Shall not be Sufficient to Discharge him of his Slavery without proofe of his
being manumitted there And also be in Enacted by the Authority aforesaid
And it is hereby Enacted that all masters and owners of Servants Shall find &
provide for their Servants wholsome and Competent Dyet Clothing & Lodging by
the Discretion of the County Court And Shall not at any time give Immoderate
Correction neither Shall at any time whip a Christian white Servant naked
without an Order from a Justice of the peace. And if any notwithstanding
this Act Shall presume to whip a Christian white Servant naked without
Such order the person so offending Shall forfeit and pay for the Same forty Shillings
Sterling to the party Injured to be Recovered with Costs upon petition without
the formall process of an Action Ass in and by this Act is provided for
Servants Complaints to be heard.
Provided Complaint be made within Six Months after such whipping.

113.
[VIII.] And also be it Enacted by the Authority aforesaid and it is hereby Enacted
That all servants (not being Slaves) whether imported or become Servants of their own
accord here or bound by any Court or Churchwardens Shall have their Complaints
Received by a Justice of the Peace who if he find Cause Shall^{*[p. 449 in Hening]}bind the master
over to Answer the Complaint at Court and it Shall be their Determined
And all Complaints of Servants Shall & may by virtue hereof be received
at any time upon petition in the Court of the County wherein they reside
without the formall process of an Action and also full power & authority
is hereby given to the said Court by their Discression (having first Summoned the
masters or owners to Justifie themselves if they think fit) to adjudge order
and appoint what Shall be necessary as to Dyet Lodging Clothing & Correction
And if any master or owner Shall not thereupon Comply with the said Court
order the said Court is hereby Authorized & impowered upon a Second Just
Complaint to order Such Servant to be immediatly Sold at an outcry by the
Sheriff, and after Charges Deducted the Remainder of what the Said Servant Shall
be sold for to be payed and Satisfyed to Such owner.

{Servant sold at an outcry}

[IX.] Provided always and be it Enacted that if Such Servant be Sick or Lame
or otherwise Rendered So uncapable that he or She cannot be Sold for Such
a vallue at least as shall satisfy the Fees and other immediate^{*[“incident” in Hening]} Charges
accrued The Said Court Shall then order the Churchwardens of the parish to
take care of & provide for the Said Servant untill Such Servantts time due
by Law to the said master or owner Shall be Expired or untill such Servant
shall be so Recovered as to be sold for Defraying the said Fees & Charges
and further the said Court shall order from time to time^{*in Hening this sentencereads “from time to time shall order”} the Charges of keeping
the said servant to be Levyed upon the goods & Chattles of the master or owner
of the said Servant by Distress.

[X.] And be it also Enacted that all Servants whether by importation Indenture
or hire here as well feme Coverts as others Shall in like manner as is provided
upon Complaints of misusage have their petitions Received in Court for their
wages and freedome without the formall process of an action & proceedings
and judgments Shall in like manner also be had thereupon.

^{*No line break or new para. in original[XI.]}And for a further Christian care & usage of allChristian Servants.
Be it also Enacted by the authority aforesaid and it is hereby Enacted
that no negroes mulattoes or Indians altho Christians or Jews Moores Maho-
mitans or other Infidells Shall at any time purchase any Christian Servant
nor any other Except of their own Complection or Such as are Declared slaves
by this Act. And if any negro mulatto or Indian Jew Moor Mahomitan
or other Infidell or Such as are Declared Slaves by this Act shall notwithstanding
purchase any Christian white Servant the said Servant shall Ipso facto
become free. And acquit from any service then due & shall be so held deemed
and taken. And if any person having such Christian Servant Shall intermarry
with any such Negro, Mulatto or Indian Jew moor Mahomitan or other
Infidell, Every Christian white Servant of every such person so Intermarying

114.

Shall Ipso facto become free and acquit from any Service then due to Such master
or mistress so intermarying as aforesaid.

[XII.] And also be it Enacted, by the authority aforesaid, and it is hereby Enacted
that no master or owner of any servant shall During the time of such servants
Servitude make any Bargain with his or her said Servant for further service
or other matter or thing relating to Liberty or personall profitt unless the Same
be made in the presence And with the approbation of the Court of that County
where the master or owner resides. And if any Servants shall at any
time bring in goods or moneys or During the time of their service by gift
or any other Lawfull ways or measures ^{*“means” in Hening}come to have any goods or moneys
they shall Enjoy the propriety thereof And have the sole use and Benefitt
thereof to themselves.
And if any servant shall happen to fall sick or Lame during the time of
his service so that he or she becomes of little or no use to his or her master
or owner but rather a Charge the said master or owner shall not put away the said Servant but shall maintain
the said servant but shall maintain him or her during during the whole time that he or
she stood obliged to serve by Indenture Custome or order of Court And if any
master or overseer Shall put away and such sick and Lame servant upon
pretense of freedome And that Servant Shall become Chargeable to the
parish the said master or owner shall forfeit and pay tenn pounds Current
money of Virginia to the Churchwardens of the parish where such offence
shall be committed for the use of the said parish to be Recovered by action
of Debt in any Court of Record in this her Majesties Colony^{*p. 451 in Hening} & Dominion
in which no Essoin protection or wager of Law shall be allowed.

[XIII.] And whereas there has been a good & laudable Custome of allowing Servants
Corne and Clothes for their present support upon their freedome but nothing in
that nature Ever made certain.
Be it also Enacted by the Authority aforesaid & it is hereby Enacted
That their shall be paid and allowed to every Imported Servant not having
Yearly wages at the time of service Ended by the master or owner of Such Servant
(viz) to Every male servant tenn Bushells of Indein Corne Thirty Shillings
in money or the vallue thereof in goods And one well fixed musquet or
fuzee of the vallue of Twenty shillings at the least. And to every woman
servant fifteen Bushells of Indein Corn and forty shillings in money or
the vallue thereof in goods which, upon refusall shall be ordered with
Costs upon petition to the County Court in manner as is herein before directed
for Servants Complaints to be heard.

[XIV.] And also be it Enacted by the Authority aforesaid and it is hereby Enacted
That all servants shall faithfully & obediently all the whole time of their
service do all their masters or owners just And lawfull Commands. And if
any servant shall resist the master mistress or overseer or offer violence to
any of them the said servant shall for every such offence be adjudged to serve his
or her said master or owner one whole year after the time by Indenture Custome or
former order of Court shall be Expired.

115

[XV.] And also be it Enacted by the authority aforesaid and it is hereby Enacted that no person
whatsoever shall buy sell or Receive of to or from any Servant or Slave any Coin or Co[m]modity
whatsoever without the Leave Lycence or Consent of the master or owner of the said
Servant or Slave & if any person Shall contrary hereunto without the leave or Lycence
aforesaid Deal with any Servant or Slave, he or She So offending shall be imprisoned
one Kallender month without Bail or mainprize and then also be Continued ^{*
“continue” in Hening}in prison
untill he or She Shall find good Security in the sume of tenn pounds Current money
of Virginia for the good behaviour for one year following wherein a second offence
Shall be a Breach of the Bond And moreover Shall forfeit and pay four times the
vallue of the^{*[p. 452 in Hening]} things ^so bought Sold or Received to the master or owner of Such Servant
or Slave to be Recovered with Costs by action upon the Case in any Court of Record
in this her majesties Colony and Dominion wherein no Essoin protection wager of
Law or any other than one Imparlance shall be allowed.

[XVI.] Provided always & be it Enacted That when any person or persons Convict for
Dealing with a Servant or Slave Contrary to this Act shall not immediately give
good & Sufficient Surety for his or her good behaviour as aforesaid then in such Case
the Court Shall order thirty nine Lashes well laid on upon the Bare Back of such
offender at the common whi[p]ping post of the County And the said offender thence to be
Discharged of giving such Bond & Security.

[XVII.]And also be it Enacted by the Authority aforesaid & it is hereby Enacted & Declared
That in all Cases of penall Laws whereby persons free are punishable by fine servants
shall be punished by whipping after the rate of twenty Lashes for every 500 lbs of Tobacco
or fifty shillings Current money unless the servant so Culpable can & will procure
Some person or persons to pay the fine in which Case the said Servant shall be adjudged
to serve such Benefactor after the time by Indenture Custome or order of Court to his
or her then present master or owner shall be Expired after the rate of one month
and a halfe for every hundred pounds of Tobacco anything in this act Contained
to the Contrary in any wise notwithstanding.

[XVIII.] And if any women ^Servant Shall be
Delivered of a Basterd Child within the time of her Service aforesaid.
Be it Enacted by the authority aforesaid and it is hereby Enacted that in
recompence of the Loss # # and trouble Occasioned her master or mistress thereby
she shall for every such offence serve her said master or owner one whole
year after her time by Indenture Custome or former order of Court shall be
Expired or pay her said master or owner one thousand pounds of Tobacco And the
reputed father if free shall give security to the Churchwardens of the parish
where that Child shall be to maintain the Child and Save ^{*“keep” in Hening}the parish indemnified
or be Compelled thereto by order of the County Court upon the said Churchwardens
complaint But if a servant he shall make satisfaction to the parish for
keeping the said Child after his time by Indenture Custome or order of Court to his
then present master or owner shall be Expired or be compelled thereto by order
of the County Court upon Complaint of the Churchwardens ^{*p.453 in Hening} of the said parish
for the time being & if any woman servant shall be got with Child by her master
neither the said master nor his Ex[ecutors] admin[istrators] nor assigns shall have any Claim of
service

116

Service against her for or by reason of Such Child but She Shall when her time due to her
Said master by indenture Custome or order of Court shall be Expired be sold by the
Churchwardens for the time being of the parish wherein such Child shall be
born for one year or pay one thousand pounds of Tobacco And the said one Thousand
pounds of Tobacco or whatever she shall be sold for shall be imployed by the
vestry to the use of the parish.

And if any woman Servant^{*Note that it is surprising that Hening does not allocate this a separte chapter heading.} shall have a Bastard Child by a Negro or Mulatto
Over and above the years service Due to her master or owner She shall immediately
upon the Expiration of her time to her then present master or owner
pay down to the Churchwardens of the parish wherein such Child shall be
born for the use of the said parish fifteen pounds Current money of Virginia
or be by them sold for five years to the use aforesaid.

And if a free Christian white Woman shall # have such Bastard Child by a
Negro or mulatto for every such Offence She Shall within one month after
her Delivery of such Bastard Child pay to the Churchwardens for the time
being of the parish wherein Such Child shall be born for the use of the said
parish fifteen pounds Current money of Virginia or be by them sold
for five years to the use aforesaid.
And in both the said Cases the Churchwardens shall bind the said Child to
be a Servant untill it shall be of Thirty one years of age.

[XIX.] And for a further prevention of that abominable mixture & Spurious
Issue which hereafter may increase in this her majesties Colony and Dominion
As well by English & other white men & women Intermarrying with negroes
or Mulattoes as by their unlawfull coition with them.
Be it Enacted by the Authority aforesaid and it is hereby Enacted
That whatsoever English or other white man or woman being free ^{*p.454 in Hening} Shall
intermarry with a negro or mulatto man or woman Bond or free shall
by judgment of the County Court be Committed to prison & their remain During
the space of Six Months without Bail or mainprize and shall forfeit and
pay tenn pounds Current money of Virginia to the use of the parish as aforesaid.

[XX.] And be it further Enacted that no minister of the Church of England
or other minister or person whatsoever within this Colony & Dominion Shall
hereafter wittingly presume to marry a white man with a negro or mulatto
woman or to marry a white woman with a negro or mulatto man upon
pain of forfeiting and paying for every Such marriage the sume of tenn thousand
pounds of Tobacco one halfe to our sovereign Lady the Queen her heires and
successors for and towards the better ^{*“better” is missing from Hening}support of the Government, and the Contingent
Charges thereof and the other halfe to the Informer to be Recovered with
Costs by Action of Debt Bill Plaint or information in any Court of Record
within this her majesties Colony & dominion wherein no Essoin protection or
wager of Law shall be allowed.

[XX1.]And because poor people may not be Destitute of Employment upon suspicion
of being Servants & Servants also kept from running away Be it Enacted

117

by the authority aforesaid and it is hereby Enacted that every Servant when his or her time
of Service Shall be Expired Shall repair to the Court of the County where he or she Served
the last of his or her time and there upon Sufficient testimony have his or her freedom
Entered and a Certificate thereof from the Clerk of the said Court shall be Sufficient [to]
Authorise any person to Entertain or hire such servant without any Danger of
this Law And if it shall at any time happen that such Certificate is worne out
or lost the said Clerk shall grant a new one and therein also recite the accident
that happened to the old one And whoever shall hire Such Servant Shall take
his Certificate or hers ^{*In Hening is written “his or her Certificate.”}and keep it till the time Contracted shall be Expired.
And if any person whatsoever shall harbour or Entertain any Servant by Importation
or by Contract or Indenture made here not having such Certificate he or she so
offending shall forfeit and^{*the words “forfeit and” appear here but not in Hening.} pay to the owner of such servant Sixty pounds of Tobacco
for every naturall day he ^{*[p. 455 in Hening]}or she shall so harbour or Entertain such runnaway
to be recovered with Costs by Action of Debt in any Court of Record within this
her Majesties Colony and Dominion wherein no Essoin protection or wager of
Law shall be allowed.
And also if any runnaway shall make use of a forged
Certificate or after the same shall be Delivered to any master or mistress upon
being hired shall steal the same away and thereby procure Entertainment the
person Entertaining Such Servant upon such stolen or forged Certificate shall
not be Culpable by this Law but the said Runnaway besides making reparation
for the Loss of time Charges in recovery and other penalties by this Law Directed
shall for making use of such forged or stolen Certificate or for such Theft aforesaid
stand two houres in the pillory upon a Court Day. And the person forging
such Certificate Shall forfeit & pay tenn pounds Current money one halfe thereof
to be to her majesty her heires & successors for & towards the better support of
this Government and the Contingent Charges thereof and the other halfe to the
master or owner of such servant if he or she will inform or sue for the same
otherwise to the informer to be recovered with Costs by action of Debt Bill
plaint or information in any Court of Record in this her Majestys Colony
and Dominion wherein no Essoin protection or wager of Law shall be allowed.
And if any person or persons Convict of forging such Certificate shall not
immediately pay the said tenn pounds and Costs or give security to do the same
within Six months he or she so offending shall receive on his or her bare
back Thirty nine Lashes well laid on at the common whipping post of the
County and shall be thence discharged of paying the said Ten pounds and
Costs of either of them.

[XXII.] Provided That when any master or mistress shall
happen to hire a runnaway upon a forged Certificate & a Servant Deny That
he Delivered any such Certificate the onus probandi ^{*Onus Probandi means “burden of proof” in Latin.}shall lye upon
the person hiring who upon failure therein shall be lyable to the fines
and penalties for Entertaining runnaway Servants without Certificate.

[XXIII.] AND for Encouragement of all persons to take up runnaway Servants.
Be it Enacted by the authority aforesaid & it is hereby Enacted That for
the taking up of every^{*[p. 456 in Hening]} Runnaway servant or slave if Ten Miles or

118

or above from the house or Quarter where such Servant or Slave was kept their
Shall be allowed by the publick as a reward to the taker up two hundred pounds
of Tobacco And if above five miles and under ten One hundred pounds of To[bacc]o
which said Severall rewards of Two hundred and one hundred pounds of Tobacco
shall also be paid in the County where Such taker up Shall reside and Shall
be again Levyed by the publick upon the master or owner of Such runaway
for reimbursement of the same to the publick And for the greater Certainty
in paying the said Rewards & reimbursement of the publick Every Justice
of peace before whome Such runnaway Shall be brought upon the taking
up shall mention the proper name and sirname of the taker up, and the County
of his or her residence together with the time & place of taking up the said
Runnaway and shall also mention the name of the said Runnaway And the
proper name & Sir name of the master or owner of such runnaway and the
County of his or her Residence together with the Distance of miles in
the said Justices Judgment from the place of taking up the said runaway
to the house or Quarter where such Runaway was kept.

[XXIV.] Provided that when any negro or other runnaway that Doth not
speak English and Cannot or otherwisethrough obstinacy will not Declare
the name of his or her masters or owner that then it shall be sufficient for
the said Justice to Certifie the same instead of the name of such runnaway
& the proper name and Sir name of his or her Master or owner & the
County of his or her # # # # # # Residence & Distance of miles as
aforesaid And in such Case shall by his warrant Order the said runnaway
to be Carryed^{*Hening writes “conveyed.”} to the publick Gaol of this Country their to be Continued prisoner
untill the Master or owner shall be known who upon paying the Charges
of the imprisonment or giving Caution to the prison keeper for the same
Together with the Reward of Two hundred or one hundred pounds of tobacco
as the Case shall be shall have the said Runnaway Restored.

[XXV.] And further the said Justice of the peace when such Runnaway shall
be brought before him shall by his warrant Commit the said Runnaway to
the next Constable & therein also order him to give the said runnaway
So many lashes as the said Justice shall think ^{*[p.457 in Hening.]} fitt not Exceeding the
number of thirty nine. And then to be Conveyed from Constable to Constable
untill the said runnaway shall be Carryed home or to the Country
Gaol as aforesaid Every Constable through whose hands the said runaway
shall pass giving a Receipt at the Delivery & every Constable failing to Execute
such warr[an]t according to the tenor thereof or refusing to give such Receipt shall
forefeit & pay 200 lb of Tobacco to the Churchwardens of the parish wherein such
failure shall be for the use of the poor of the said parish to be Recovered
with Costs by action of Debt in any Court of record in this her Majesties
Colony and Dominion wherein no Essoin protection or wager of
Law shall be allowed And Such Corporall punishment shall not
Deprive the master or owner of Such runnaway of the other satisfaction here in

119

this Act appointed to be made upon such servants running away.

[XXVII.] Provided always & be it further Enacted that when any Servant or Slave In his runn[ing]
away shall have Crossed the great bay of Chesapeak & Shall be brought before a Justice
of the peace the said justice shall instead of Committing such runnaway to the Constable
committ him or her to the Sheriff who is hereby required to receive every Such Runaway
according to such warrant And to Cause him her or them to be transported again Cross ^{*“Across” in Hening.}
the Bay & Delivered to a Constable there And shall have for all his trouble and
Charge herein for every Such Servant or Slave five hundred pounds of Tobacco paid
by the publick which Shall be reimbursed again by the master or owner of the
Servant or Slave as aforesaid in manner aforesaid Provided also that when any
Runnaway Servant That shall have Crossed the said Bay Shall have got up in
the Country in any County Distant from the Bay that then in such Case the said
runnaway shall be Committed to a Constable to be Conveied from Constable to
Constable untill he Shall be brought to Some Sheriff of Some County adjoining
the said Bay of Chesapeak which Sheriff is also hereby required upon such warrant
to receive such runnaway under the rules & Conditions aforesaid and Cause him
or her to be Conveyed as aforesaid And Shall have the reward as aforesaid.

[XXVIII.] And for the better prevention of Delays in returning of such runnaways.
Be it Enacted that if any ^{*[p. 458 in Hening.]}Sheriff under Sheriff or other officer of or belonging to the
Sheriff Shall cause or Suffer any such runnaways (so Committed for passage over the Bay)
to work The said Sheriff to whom such runaway shall be so committed shall forfeit
and pay to the master or owner of Such Servant or Slave so put to work one thousand
pounds of Tobacco to be recovered with Costs by action of Debt Bill plaint or
Information in any Court of Record within this her Majestys Colony & Dominion
wherein no Essoin protection or wager of Law Shall be allowed.

[XXIX.] And be it Enacted by the authority aforesaid, and it is hereby Enacted That if
any Constable or Sheriff into whose hands a runnaway servant or Slave shall
be Committed by Virtue of this Act shall suffer such runnaway to Escape the s[ai]d
Constable or Sheriff shall be lyable to the action of the party grieved for recovery
of his Damages at the Common Law with Costs.
{Sher: or Const to pay if they escape.}

[XXX.] And also be it Enacted by the authority aforesaid & it is hereby Enacted That
Every runnaway Servant upon whose account Either of the rewards aforesaid Shall be paid
for taking up Shall for every hundred pounds of tobacco so paid
{to Serve for Running away}
by the master or owner serve his or her said master or owner after his or her time
by Indenture Custome or former order of Court shall be Expired Ene Kallendar
month & an halfe and moreover shall serve Double that time such servant shall
be absent in such running away And shall also make reparation by service to
the said master or owner for all necessary Disbursements and Charges in pursuit
and Recovery of the said runnaway to be adjudged & allowed in the County Court
after the rate of one year for Eight hundred pounds of Tobacco and so proportionably
for a greater or Lesser Quantity.

[XXXI.] Provided that the masters or owners of
such runnaways shall Carry them to Court at the next Court held for the said County
after the Recovery of such runnaway otherwise it shall be in the Breast of the

120
Court to Consider the Occasion of Delay and to hear or refuse the Claim according to their
discretion without appeal for the refusall.

[XXXII.] And also be it Enacted by the authority
aforesaid and it is hereby enacted That no master mistress or overseer of a family
shall knowingly permit any Slave not belonging to him or her to be and ^{*[p.459 in Hening.]}remain
upon his or her plantation above 4 houres at any one Time without the Leave
of such Slaves master or Mistress or Overseer, on penalty of one hundred & fifty
pounds of Tobacco ^ to the informer Cognizable by a Justice of the peace of the County wherein
such Offence shall be Committed.
[XXXIII.] Provided also that if any runnaway Servant adjudged to serve for the Charges
of his or her pursuit & Recovery shall at the Time he or she is so adjudged
Repay or^{*“and” in Hening.} Satisfye or give good Security before the Court for repayment &
satisfaction of the Same to his or her Master or Owner within six months
after Such master or owner shall be obliged to accept thereof in Lieu of the
service given & allowed for such Charges and Disbursements.

[XXXIV.] And if any Slave Resists his master or Owner or other person by his or her Order Correcting such
Slave and shall happen to be killed in such Correction it shall not be accounted
felony but the master owner & every such other person so giving Correction shall
be free and acquit of all punishment and accusation for the same as if
such Accident had never happened. And also if any negro mulatto or Indian
Bound or free shall at any time lift his or her hand in opposition against any
Christian not being Negro Mulatto or Indian he or she so offending shall
for every such offence proved by the oath of the party Receive on his or her Bare
Back Thirty Lashes well laid on Cognizable by a Justice of the peace for that
County wherein such offence shall be Committed.

[XXXV.] And also be it enacted by the authority aforesaid and it is hereby enacted
That no Slave go Armed with Gun Sword or staff club^{*“the order of weapons is different in Hening.} or other weapon nor go
from of^*off the plantation and Seat of Land where Such Slave Shall be appointed to
Live without a Certificate of Leave in writing for So doing from his or her
Master Mistress or Overseer And if any Slave Shall be found offending
herein it shall be Lawfull for any person or persons to apprehend and
Deliver Such Slave to the next Constable or headborough who is hereby
Enjoyned & required without further order or warrant to give Such Slave
Twenty Lashes on his or her bare back well laid on & so Send him or her
home. And all Cattle or hoggs or Horses now belonging or that hereafter^{*[p. 460 in Hening.]}
Shall belong to any slave or of any slaves mark in this her majesties Colony
and Dominion Shall be Seized & Sold by the Churchwardens of the parish
wherein such Horses Cattle or Hoggs Shall be and the profit thereof applyed
to the use of the poor of the said parish. And also if any Damage shall hereafter
be Committed by any Slave Living at a Quarter where there is no Christian Overseer
the master or owner of Such Slave Shall be Lyable
to action for the Trespass and Damage As if the same had been done
by him or her selfe.

[XXXVI.] And also it is hereby Enacted and Declared
That Baptizme of Slaves Doth not Exempt them from Bondage. And

121

That all Children shall be Bond or free according to the Condition of their mother
And the particular Directions of this act.

[XXXVII.] And whereas Slaves many times
Runn away and Lye out hid & Lurking in Swamps woods and other obs[cure]
places Killing hoggs and Committing other Injuries to the Inhabitants
this her majestys Colony and Dominion.
Be it therefore Enacted, by the Authority aforesaid and it is hereby Enacted
That in all such Cases upon inteligence given of any Slaves Lying on
as aforesaid any two Justices (Quorum unus)^{*Latin for “one of whom.”} of the peace of the County
wherein Such Slave is supposed to lurk or do mischief Shall be and
hereby are impowered and required to Issue proclamation against all
Such Slaves reciting their names & owners names if they are known
and thereby requiring them and every of them forthwith to Surrender
themselves and also impowering the sheriff of the said County to take
Such power with him as he shall think fitt & necessary for the Effectual
apprehending Such out lying Slave or Slaves and go in search of them w[hich]
proclamation Shall be published on a Sabath Day at the Door of every
Church and Chapple in the said County by the parrish Clerk or Reader of the
Church immediately after Divine worship. And in Case any Slave against
whome proclamation hath been thus issued and once published at any
Church or chapple as aforesaid Stay out and Do not immediately return ho[me]
it Shall be lawfull for any person or persons whatsoever to Kill or^{**”and” in Hening.} Destroy
Such Slave by Such ways and means as he she or they shall think fit
without accusation or impeachment of any Crime for the same.

And if and^{**any [sic].} slave that hath runn ^{*[p.461 in Hening.]}away and layn out as aforesaid Shall
be apprehended by the Sheriff or any other person upon the application of the
owner of the Said Slave it Shall and may be lawfull for the County Court
to Order such punishment to the Said Slave either by Dismembring or any
other way not touching his life as they in their Discretion shall think fitt
for the reclaiming any such incorrigible Slave & Terrifieing others from
the Like practices.

[XXXVIII.] Provided always and it is further Enacted that for every Slave killed
in pursuance of this act or put to Death by Law the master or owner of
Such Slave shall be paid by the publick.

[XXXIX.] And to the end the true vallue of every Such Slave put to Death or killed
as aforesaid may be the better known and by that means the assembly
the better Enabled to make a Suitable allowance thereupon.
Be it Enacted, That upon application of the master or owner of any
Such ^{*“”slave killed or” in Hening.}Slave to the Court appointed for proof of publick claimes the said
Court shall vallue the Slave in money and the Clerk of the Court Shall
return a Certificate thereof to the Assembly with the rest of the publick
Claimes

[XL] And for the better putting this Act in Due Execution and that
no Servants or Slaves may have pretense of Ignorance hereof.
Be it also enacted that the Churchwardens of Each parish in this her

Majestys Colony & Dominion at the Charge of the parish Shall provide a true
coppy of this act and Cause Entry thereof to be made in the Register Booke
of Each parish Respectively And that the parish Clerk or Reader of Each parish
shall on the first Sermon Sundays in September and March annually after
Sermon or Divine Service is ended at the Door of Every Church and Chappell in
their parish publish the same and the Sheriff of each County Shall at the
Next Court held for the County after the Last day of February yearly publish
this Act at the Door of the Court house and Every Sheriff making Difault herein shall
forfeit and pay six hundred pounds of Tobacco one halfe to her
Majesty her heires, and successors for & towards the better support of the
Government and the other halfe to the Informer And every parish Clerk or
Reader making default herein Shall for each time So Offending
forfeit and pay six hundred pounds of Tobacco one halfe whereof to
be to the Informer and the other halfe to the poor of the parish wherein
Such omission shall be to be Recovered with Costs by action of Debt
Bill plaint or information in any Court of Record within this her
Majesties Colony and Dominion wherein no Essoin protection or wager
of Law shall be allowed.

[XLI.] And be it further Enacted that all and every other act and acts and
every Clause and Article thereof heretofore made for so much thereof
as Relates to Servants and Slaves or to any other matter or thing
within the purview of this Act is & are hereby Repealed & made void to all
intents & purposes as if the same had never been
made.

Tags