| Date | May - June, 1676 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | MD |
| Title | An Act Relateing to Servants and Slaues (Slaves) [sic] |
| Description/Full Text | Whereas there was an Act Provided against Servants Run- nawayes made in the yeare one thousand Six hundred & fifty And another Act made in the yeare one thousand six hundred Sixty two as alsoe another Act made in the yeare one thousand Six hundred Sixty Six which said three Acts haueing hithertoo proved ineffectuall in Regard they doe not Sufficiently provide an Encouragement for such person or persons Inhabitants within this Province as shall Seize such Runnawayes Servants by this Act deemed Runnawayes Therefore for the better Discovery Seizing and apprehending of Such Runnawayes as aforesaid Bee itt Enacted by the Right Honble the Lord Pro- prietary by and with the aduice and Consent of the upper & lower houses of this present Generall Assembly That from & after the PublicacOn hereof noe Servant or Servants whatsoever within this Prouince whither by Indenture or according to the Custome of the Countrey or hired for wages shall travell by Land or water tenn miles from the house of his her or their Master or mistrisse or dame without a noate under their hands or vnder the hand of his her or their Overseer (if any be) under the Pen- alty of being taken for a Runnaway & to Suffer Such penaltyes as are hereafter provided against Runnawayes.And itt is hereby further Enacted by the Authority aforesaid That any Such Servant or Servants as aforesaid unlawfully absenting him her or themselues from his her or their said master mistrisse Dame or Overseer Shall Serve tenn dayes for every one dayes absence to be Judged when such master mis- trisse or Dame shall bring their said servant before the Justices of the Prouinciall or County Court where the owner Master or mistriss dame or Overseer of such Servant Shall live dureing the Sitting of the Court be itt before or after the Expiracon of such Servants first time of Service by Indenture or otherwise. And be itt further Enacted by the Authority aforesaid That any person or persons whatsoever within this Prouince that shall wittingly or willingly deteyne any such Servant or Ser- uants unlawfully absenting him her or themselues as aforesaid shall be fined five hundred pounds of Tobacco for every night or four & twenty houres that such person or persons shall give Entertainment to such servant or seruants one halfe to the Lord Proprietary & the other halfe to the Informer or him or them that shall sue for the same to be Recovered in any Court of Record within this Prouince by accon of debt bill plaint or In- formacon wherein noe Essoyne Wager or Proteccon of Law to be allowed And for the better discovery of Runnawayes itt is hereby further Enacted by the Authority aforesaid That any person or persons whatsoever within this Prouince Travelling out of the County where he shee or they shall live or reside without a passe vnder the Seale of the said County for which they are to pay tenn pounds of Tobacco or one shilling in money such person or persons if apprehended not being Suffi- ciently knowne or able to give a good accompt of himselfe to be left to the discretion & Iudgment of such Magistrate before whom such person as aforesaid shall be brought to Iudge there- of And if before such Magistrate or Magistrates brought shall be deemed and taken as a Runnaway shall Suffer such fines and penaltyes as is hereby provided against Runnawayes And for the better encouragement of all persons to Seize and take upp such Runnawayes Itt is by the Authority aforesaid Enacted That all and every person or persons apprehending Seizing & takeing upp Such Runnawayes & persons trauelling without passes as aforesaid and not being able to give a Sufficient ac- compt of themselues as aforesaid shall haue & Receive two hundred pounds of Tobacco to be payd by the owner of such Runnaway soe apprehended & taken upp if a Servant & if a freeman & Refuseing to pay the same then to make Satis- faccon by Servitude or otherwise as the Iustices of the Prouin- ciall or County Courts where such person shall be soe appre- hended and taken upp shall think fitt And further for the bet- ter discovery & Encouragement of our Neighbour Indians to Seize & apprehend Runnawayes itt is further hereby Enacted That any Indian or Indians which shall apprehend seize or take upp any Runnaway Servant & bring him before some Magis- trate of any County within this Prouince shall for a Reward haue a Matchcoate paid him or the value thereof which said Reward is to be Repay'd & Satisfyed by the County where such person shall be apprehended And such Runnaway to Re- p. 104 imburse the said County by Servitude or otherwise as the Ius- tices of the Prouinciall Court or County Court shall think fitt. And Bee itt further Enacted by the Authority aforesaid That att what tyme soever any of the aforesaid persons runawayes shall be soe seized by any person or persons within this Pro- uince such person or persons soe seizing or apprehending the same shall bring or Cause him or them to be brought before the next Magistrate or Iustice of the County where such Run- naway is apprehended who is hereby Impowered to take into his Custody or otherwise him her or them to secure & dispose as he shall think fitt Untill such person or persons Seized or apprehended shall give sufficient Security to answer the Pre- misses the next Court that shall first Insue in the said County who is alsoe to secure such person or persons untill he or they can make satisfaccon to the party that shall soe apprehend or seize such Runnaway or other person as by this Act is Required Except such person shall make satisfaccon as aforesaid before such Court shall happen And that notice be Conveniently given to the master mistrisse or Dame of any Runnawayes taken upp as aforesaid The Justice of the Peace or Comissioner of the County shall forthwith cause a noate of the Runnawayes name soe seized & apprehended as aforesaid to be sett upp att the County Court where such person is seized or apprehended as aforesaid And alsoe Cause a noate to be Sett upp att the next adjacent County Courts & att the Prouinciall Court or Secretaryes office that all persons may view the same & see where such their servants are & in whose Custody. And forthemore for the better ascertaining of what each Ser- vant according to the Custome of the Country shall haue att the Expiracon of the tyme of their Servitude Bee itt Enacted by the authority & advice and Consent aforesaid That Euery man Seruant shall att such tyme of Expiracon of his servitude aforesaid haue allowed and giuen him a good Cloath suite either of Kersey or broad Cloath a shift of white Linnen to be new one new paire of Shews & Stockens two hoes, one ax & three barrells of Indian Corne all women servants att the tyme of the Expiracon of their Servitude as aforesaid shall haue al- lowed and given her the like provision of Cloathes & Corne as aforesaid. And to the intent the many great mischiefes & inconve-niencyes ariseing & accruing to divers good people of this Pro- uince by the transporting & Carrying or Conveying away or causeing to be transported Carryed or Conveyed away out of this Prouince any Inhabitant within this Prouince whether master or freeman not thereunto Lawfully Lycenced or any ap- prentice hired or other Servant or Slaue may for the future be prevented.Bee itt further Enacted by the Authority aforesaid by and with the aduice & Consent aforesaid That every person or per- sons that shall soe transport carry or Convey away or cause to be transported Carryed and Conveyed away out of this Pro- uince any Inhabitant of this Prouince as aforesaid that is or shall be indebted or engaged here & not haueing a Suffi- cient Lycence or passe according to the Law of this Prouincep. 105 in that Case made & provided shall be Lyable to Satisfye all such debts engagements & damages as the said person or persons soe transported Carryed or Conveyed away should be Lyable to Satisfye to any persons to whom the same shall be Respectively due in this Prouince unlesse the same be other- wise Satisfyed in Convenient, or that in short tyme he cause or procure such person or persons soe Carryed & Conveyed away to returne again into this Prouince whereby he may be lyable to Iustice here and any person or persons whatsoever that shall from henceforth Entice and Transport Carry or pri- vately convey away out of this Prouince any apprentice hired or other Servant or Slaue belonging to any Inhabitant in this Prouince shall for every such offence forfeit & pay to the Im- ployer or owner of such apprentice hired or other Servant or Slaue treble damages & Costs to be Judged by the Iustices of each Respectiue County Court or the lustices of the Prouinciall Court for the tyme of such apprentice hired or other Servants or Slaues unlawfully Transporting or Carrying away as afore- said And Whereas many and great grievances haue happened & accrued unto many masters mistris or Dames within this Prouince by the wickednesse and Infidelity of their Servants Purloyning their masters mistrisses or Dames goods & then by barterring Selling & Conveying away the same unto Sea- men & others whereby masters & mistrisses of families are & haue been uery much damnifyed & abused for prevencon of the like misdemeanors for the future Bee itt further Enacted by the Authority and by and with the aduice & Consent afore- said That noe person whatsoever shall Trade barter Comerce or any wayes deale with any Servant whether hired or In- dented or Slaue belonging or appertayning to any Inhabitant within this Prouince without leaue or Lycence first had & ob- tayned from Such Servants master mistris or Dame or Over- seer for his soe doeing vnder the penalty of two thousand pounds of Tobacco the one halfe thereof to the Lord Proprie- tary the other halfe to the master mistris or true owner of such goods soe purloyned bartered & Conveyed away when proved by sufficient wittnesses or Confession of the party to be Re- covered in any of his Lordshipps Courts of Record by accon of debt bill plaint or Informacon wherein noe Essoyne Wager or Proteccon in Law to be allowed And in case such person or persons Soe offending shall not be able to Satisfye the same. Then such person or persons shall be bound over by some one Iustice of the Peace & putt in Security either to appeare att the Prouinciall or County Court where uppon Conviction by Confession or Sufficient wittnes Such offender shall be punished And for the Iust ascertaining & Limitting of Servants times of servitude Bee itt Enacted by the Authority by & with the aduice & Consent aforesaid That whosoever shall Transport any Servant into this Prouince without Indenture Such Servant being aboue the age of two & twenty yeares shall be obliged to serve the full Space & Terme of fiue yeares if between Eighteene & two & twenty without Indenture Six yeares if between fifteene & Eighteene without Indenture Seven Yeares p. 106 if under fifteen & without Indenture shall serve till he or they arrive to the full age of two & twenty yeares. And Bee itt further Enacted by the Authority & by and with the aduice & Consent aforesaid That all Servants transported out of Virginia into this Prouince shall Compleat their time of Servitude here which they ought to haue served in Virginia & noe more. And Bee itt further Enacted that every master mistriss or dame assignee or Trustee of what kind soever owning or keepe- ing any such Servant as aforesaid whether by vertue of trans- portacon purchase or otherwise shall within Six moneths after the Receiving such Servant into their Custody within this Pro- uince Except he she or they clayme but five yeares service of such Servant bring the said servant into the Respectiue County Court where they doe Inhabitt And every of the said Courts are hereby Authorized to Judge and determine of the ages of such Servants soe brought and cause the same to be entered uppon Record And every owner as aforesaid Neglecting or Refuseing to bring such Servant or Servants before the Court as aforesaid shall not only stand to the Determinacon of the Court but alsoe forfeit the sume of one thousand pounds of Tobacco to the Lord Proprietary for depriveing the Court of such opportunity of viewing the partyes And if any master or Servant aforesaid be grieved with the determinacon of the Court he shall within the time determined for their service pro- duce an Authentick Certificate of such servants age & shall haue Remedy to the ages aforemenconed. And Bee itt further Enacted by the Authority & by and with the aduice and Consent aforesaid That noe Indenture made by any seruant dureing the time of service due by former Inden- ture or by determinacon of the Court according to the Tenor of this Act shall any wayes oblige any Servant for longer tyme then by his first Indenture or determinacon of the Court shall be Limitted & appoynted Provided that this Act nor any thing therein Contayned shall not give or be Construed to give any Benefitt to any Slaue whatsoever, Prouided that neither this Act nor any thing therein Contained Repeale or be Construed to Repeale An Act made att a Generall Assem- bly the thirteenth day of Aprill Anno 1674 Entituled an Act Concerning Servants that haue bastards, And for Encourage- ment of our Neighbouring Collonyes of Virginia Delaware & the Northern parts of America for the takeing upp of servants & others Runnawayes out of this Prouince into those parts Bee itt further Enacted by the Authority aduice and Consent aforesaid That the sume of four hundred pounds of Tobacco shall from henceforth be allowed & payd to any per- son in those Collonyes of Virginia DeLaware & the Northerne parts of America that shall soe seize or take upp such servants p. 107 or others Runnawayes, & carry or cause them to be Carryed before Some Magistrate of any County of this Prouince uppon whose Certificate of the delivery of such person Runnawayes the said sufne of four hundred pounds of Tobacco to be Raysed and Leavyed out of the Publick assessments & allowed & payd to such person soe takeing upp & delivering to a magistrate as aforesaid Such Runnawayes as aforesaid And the master mis- tris Dame or owner of such Servant (if itt be a Servant that is soe taken upp) to Reimburst the Publick againe the said sume of four hundred pounds of Tobacco uppon the delivery of his or her Servant And the said servant to Reinburst the master mistris Dame or owner by Servitude or otherwise to the full Satisfaccon & Content of the said master mistris dame or owner Butt if the Runnaway soe taken upp & delivered to the magistrate as aforesaid bee a freeman Then such Runna- way to be Imprisoned till such tyme as he hath made Satisfac- con by Reinbursting the Publique the said summe of four hundred pounds of Tobacco or shall give good Security for the same or shall make Satisfaccon by Servitude or otherwise Provided that any servant that Runns away out of Somersett County into Accomack such person that takes him upp shall haue but two hundred pounds of Tobacco & noe more This Act to Endure for three yeares or to the end of next Generall Assembly which shall first happen. |
| Additional Information | – |
| Source | https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000002/html/am2--523.html http://slavery.msa.maryland.gov/html/research/histlaw.html |
| 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.
Pinned records can be viewed at any time by clicking the More menu in the top right corner of the page, then selecting My Pinned Records.