| Date | 1705 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | VA |
| Title | Chapter XLIX |
| Description/Full Text | This is a general act concerning servants and slaves and covers a great many subjects. A number of the sections are given here, and some are summarized elsewhere in this book. Some of the Paragraphs cover Negroes only, some refer to runaways and servants genreally, some apparently to indentrued servants only. It is enacted that all servants brought into this country without indentrue, if Christian and above nineteen years of age, shall serve but five years, and if under nineteen years till they shall become twenty-four years of age and no longer, but all servants imported by land or sea, who were not Christians in their native country, except Turks and Moors and Others, who can make proof of their being free in England or any other Chrsitian country before they were shipped, shall be slaves, and as such be here bought and sold notwithstanding conversion to Christianity afterwards. And for a further Christian care and usage of all Christian servants it is enacted that no Negro, mulatto or Indian, although Christian, or Jew, Moor, Mohammedan, or other infidel, shall pruchase any Christian servant, except of their own complexion, or such as are declared slaves by this act. If any Negro or infidel shall notwithstanding purchase any Christian white servant, the said servant shall become free, and if any person having such Christian servant shall intermarry with any usch Negro, Indian, Jew or other infidel, every Christian white servant of any such person so intermarrying shall become free. A penalty is provided for bringing in and selling as a slave any person that shall have been a free man in any Christian country, island, or plantation. Baptism of slaves does not exempt them from bondage and all children shall be bond or free, according to the condition of their mother. No slave may go from the plantation and seat of land where such slave shall be appointed to live without a certificate of leave in writing under penalty of twenty lashes on his bare back, well laid on, and so sent home. It is the duty of the master and owners of servants to provide wholesome diet, clothing and lodging and not to give immoderate correction, neither shall they at any time whip a white Christian servant naked; the penalty for so whipping is forty shilings to the person injured. All servants (not being slaves) shall have their complaints received by a justice of the peace, and an order at the discretion of the court may be made as to diet, lodging, clothing and correction. On a second complaint the servant may be sold at an outcry by the sheriff, and after charges deducted the remainder shall be paid to the owner. Sick and disabled servants that cannot be sold shall be take care of by the church wardens. Contracts of masters with servants are void unless approved by court; sick or lame servants are not to be discharged, upon pretence of freedom, under penalty. To every imported servant not having yearly wages, certain amounts shall be paid. A penalty for resisting a master is provided A penalty is provided for dealing with servants or slaves, without leave of their owners. When any such person is convicted and docs not give sufficient security for good behavior the court shall order thrity-nine lashes, well laid on, upon the bare back. Servants shall be given twenty lashes in lieu of every 500 pounds of tobacco to be paid by free persons as fines. Rewards are to be given for taking up runaway servants or slaves. Such runaways are to be conveyed from constable to constable until carried home and lashed not exceeding thiry nine times. Damages may be recovered if a constable or sheriff permit a runaway to escape. Runaway servants shall repay all expenses. A penalty is fixed for permitting a slave of another to visit on the place above four hours. In case any slave who has run away does not immediately return home after a proclamation at the door of every church in the county, it shall be lawful for any person whatsoever to kill and destroy such slave by means as may be thought fit without accusation of any crime. If any runaway slave shall be apprehended it shall be lawful to order such punishment, either by dismembering or any other way not touching his life. as may be thought fit for reclaiming such incorrigible slave, and terrifying others from like practices. Slaves shall not go armed under penalty of twenty lashes on the vbare back well laid on. All horses, cattle, hogs, now belonging, or that hereafter belong to any slave, shall be seized and sold by the church wardens and the profit thereof applied to the use of the poor of the parish. For every slave killed, under this act, the owner shall be paid by the public. In the better puting of this act into execution, and that no servants or slaves may have pretence of ignorance, this act shall be published at church doors and court houses. When a servant's time has expired his freedom shall be recorded-in court. Whosoever shall hire such servant shall take his certificate until the contracted time has expired; a penalty is fixed for harboring or entertaining a servant without a certificate. |
| Additional Information | – |
| Source | Black Laws of Virginia, By: June Purcell Guild |
| Transcriber Notes | – |
If you are citing this record, please use the following format:
[Author (if known)], Laws and Legislation Related to Slavery and Free Blacks in Delaware, Maryland, and Virginia (1642-1860), [Date (if known)], Enduring Connections: Exploring Delmarva’s Black History, Nabb Research Center, Salisbury University.
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