Acts relating to Slaves. V. And be it further enacted by the authority aforesaid, That every master or mistress or overseer of a family of this Province, shall cause all their slaves houses to be diligently and effectually searched, once every month, for clubs, guns, swords and mischievous weapons, and finding any, shall take them away and cause them to be destroyed, and also upon request made, to search the same for stolen chattels, or any other things or commodities that is not given them by their owners or honestly come by; and in whose custody they shall find any thing suspected or known to be stolen goods, the same shall seize and take into their custody, and a full and ample description of the particulars thereof in writing, within six days after the discovery thereof, shall send to the sheriff or gaoler for the time being, who is hereby required to receive the same, and enter upon it the day of its receipt, and set up notices in writing, publicly, that such goods are found, to the end the owner, giving the sheriff or gaoler proof, by marks or otherwise, that the goods so taken belongs to him, he may have the same, paying twelve pence to the sheriff or gaoler for his entry and declaration of the same; and the parties by whom such lost goods are taken into custody, are hereby required to make restitution of what is in being to the owner, on the penalty of ten pounds for every neglect by the master, mistress, overseer, or sheriff or gaoler, as aforesaid. VI. And be it further enacted by the authority aforesaid, That if any slave shall take up any runaway, he or she shall have the whole benefit thereof; and if any shall deprive a slave of the same benefit, and not lay the same out in chattels or otherwise, at the discretion of the owner, they shall forfeit treble the value. VII. And be it further enacted by the authority aforesaid, That no person whatsoever shall attempt or endeavor to steal or carry off this Province, any slave, on penalty of sixty pounds; but whosoever shall actually do the same, shall be guilty of felony, and be excluded from the benefit of his clergy. VIII. And it is further enacted by the authority aforesaid, That upon complaint made to any justice of the peace, of any heinous or grievous crime, committed by any slave or slaves, as burglary, robbery, burning of houses, killing or stealing of any neat or other cattle, or other petty inju ries, as maiming one of the other, stealing of fowls, provisions, or such like trespass or injuries, the said justice shall issue his warrant for apprehending the offenders, and for all persons to come before him that can give evidence, and if upon examination, it probably appeared that the apprehended are guilty, he shall commit them to prison or take security for their forthcoming, as the case shall require, and also to certify to the justice next to him the said cause, and to require him by virtue of this Act to associate himself to him, (which such justice is hereby required to do,) and they so associated are to issue their summons to three discreet and sufficient freeholders, acquainting them with the matter, and appointing them a day, hour and place, when and where the same shall be heard and determined, at which day hour and place, the said justices and freeholders shall cause the offenders and evidences to come before them; and if they, on hearing the matter, (the said freeholders being by the said justices first sworn to judge impartially and according to evidence,) shall adjudge the criminal or criminals guilty of the offence complained of, they shall give sentence of death, if the crime by law deserve the same, or such other punishment as the crime deserveth; and forthwith by their warrant cause immediate execution to be done, by the common or any other executioner, in such manner VOL. VII-44. A. D. 1690. A D.1690. Acts relating to Slaves. as they shall think fit; and if the crime committed shall not deserve death, they shall condemn and adjudge the criminal or criminals to the party or partys injured, and to his, her or their heirs forever, after they have received such corporal punishment as the said justices and freeholders shall appoint, unless the owners shall pay to the parties injured such sum or sums of money for the value of such time or times, as the justices or freeholders shall appoint; and if any justice or freeholder shall neglect his duty above required, he shall forfeit twenty pounds; Provided nevertheless, that when and as often as any of the aforementioned crimes be committed by more than one negro that shall deserve death, that then and in all such cases, only one of the said criminals shall suffer death, as exemplary, the rest to be returned to the owners, which owners of slaves so offending, shall bear proportionably the loss of the said negro so put to death, and also proportionably the damage done by the said criminals to the party or parties injured, as shall be allotted them by the said justices and freeholders; and if any person shall refuse to pay his part so allotted him, that then and in all such cases, the said justices and freeholders are hereby required to issue out their warrant of distress upon the goods and chattels of the person so refusing, and shall cause the same to be sold by the public outcry, to satisfy the said money so allowed him to pay, and to return the overplus, if any be, to the owner. IX. And it is further enacted by the authority aforesaid, That every Captain of a company in this Province, shall be, and is hereby, empowered and required, on notice to him given, of the haunt, residence or hiding place of any runawhy slave, to raise a convenient party of men, not excee ding twenty, and with them to pursue, apprehend and take the said runaways, either alive or dead; and whatsoever officer shall neglect his or their duty herein, shall forfeit the sum of twenty pounds. X. And it is further enacted by the authority aforesaid, That if any slave or slaves shall commit any murder, or make any insurrection, or raise rebellion against their master's authority, or make any preparations of arms, as powder, bullets, or offensive weapons, or hold any conspiracies for raising mutinies and rebellion, the offender shall be tried by two justices of the peace, and three able freeholders, associated together as before expressed, who are hereby empowered and required to try the said slaves so offending, and inflict death, or any other punishment, upon the said offenders, and forthwith by their warrant cause execution to be done by the common or any other executioner, in such manner as they shall think fit; and if any person shall make away or conceal any slave or slaves suspected to be guilty of the afore mentioned crime, and not upon demand bring forth the suspected offender or offenders, such person shall forfeit one hundred pounds. XI. And it is further enacted by the authority aforesaid, That the sheriff or gaoler shall give an account in writing, at every sessions within this Province, as often as the same shall be held, of what negroes he hath in prison, with their marks and names, and the time they have been in his custody, and as near as he can learn, how long each hath been from his respective owners, on penalty of fifty pounds for every default. XII. And it is further enacted by the authority aforesaid, That if any slave, by punishment from the owner for running away or other offence, shall suffer in life or limb, no person shall be liable to the law for the same; but if any one out of wilfulness, wantoness, or bloody mindedness, shall kill a Acts relating to Slaves. he slave, he or she, upon due conviction thereof, shall suffer three months im- XIII. And it is further enacted by the authority aforesaid, That this Act be read and published by the clarke at the next court of pleas, after the ratification, as also by the clarke of the crown at the next sessions, on penalty of five pounds sterling for each default. XIV. And be it further enacted by the authority aforesaid, That every master, mistress, manager or overseer of any plantation, or owner of any slave or slaves in this part of the Province, shall not, after the ratification of this Act, give or allow any Saturday in the afternoon, to any negro or slave, as hath been accustomed formerly, upon the penalty of seven shillings for every such default made contrary to the true intent and meaning of this Act. XV. And it is further enacted by the authority aforesaid, That all penalties mentioned in this Act, and not declared where they shall be recovered, or how disposed of, not exceeding forty shillings, shall be recovered by warrant from any justice of the peace, and all penalties exceeding forty shillings shall be recovered by action of debt, in the court of pleas of this Province; one moiety or half part of all such forfeitures shall be to the public use of the Province, for buying and providing powder and ammunition, and the other moiety or half part shall be to the informer, or they that shall sue for the same. Read three times and passed, and ratified in open Parliament, the seventh day of February, SETH SOTHELL, G. MUSCHAMP, A. D. 1690. AN ACT FOR RAISING AND ENLISTING SUCH SLAVES AS SHALL BE THOUGHT WHEREAS, among the several slaves belonging to this Colony, there are a great number of them who, by care and discipline, may be rendered serviceable towards the defence and preservation of this Province, in case of actual invasion; in order, therefore, to make the assistance of our said trusty slaves more certain and regular; I. Be it enacted by his Excellency John P. Granville, Pallatine, and the No. 237. A. D. 1704. Acts relating to Slaves. rest of the true and absolute lords and proprietors of this Province, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown, for the south-west part of this Province, and by the authority of the same, That within thirty days after ratification of this Act, the several captains or commanders of companies throughout this Province do, by virtue of a warrant under their hands and seals, im. power and commissionate five freeholders in their respective divisions, (being sober, discreet men,) to form and complete a list of such negroes, mulattoes and Indian slaves, as they, or any three of them, shall judge serviceable for the purpose aforesaid; which said commissioners, after having finished their said lists, are to warn and summons the masters, mistresses or overseers to whom the said slaves do belong, to appear before them at a certain day, to shew cause (if any) why their said slave or slaves so chosen, should not continue in the said list, of which reasons, the said commissioners, or any three of them, are hereby made competent judges, to allow or disapprove, as they in their discretion shall think fit; and further to direct and require the several masters, mistresses or overseers of the said slaves, on time of alarm or other special summons, that they cause their several slaves so enlisted, and armed either with a serviceable lance, hatchet or gun, with sufficient amunition and hatchets, according to the conveniency of the said owners, to appear under the colours of the respective captains, in their several divisions, throughout this Province, there to remain and be disposed in such manner as the said officers or the commander-in-chief shall direct and appoint, for the public service. And the said commissioners are hereby further directed and required, that within ten days after their completeing the said lists, they do return the same to their respective captains, in each division, under their hands and upon their oaths, as a true, fair, impartial list of the said slaves, according to the best of their judgment; the oath to be administered by the several captains, on return of the said lists. And the said captains are hereby also required, that within ten days after the receipt of the said lists, they present the same to the right honorable the Governour, and receive such instructions for the disposal and management of the said slaves, as his honour shall prescribe and think fit, and as may best suit the public safety, intended hereby. II. And be it further enacted by the authority aforesaid, That if any master, mistress, manager or overseer of such slave or slaves, so enlisted as aforesaid, do refuse to obey the summons sent them, to appear before the said commissioners, or otherwise, in time of alarm or other special summons, neglect to send his or her slave or slaves, armed and equipped as aforesaid, to the common and usual rendevouz of their respective divisions, that then, and in such case, the master, mistress, manager or overseer, so neglecting or refusing, as aforesaid, shall, for each neglect or refusal, forfeit the sum of five pounds, or value thereof, to be distrained by the next constable, by virtue of a warrant under the hand and seal of such captain in whose division the said default is made, and the distress to be appraised by two or more of the neighboring free-holders; the forfeiture to be paid by the said captain into the hands of the receiver, for the use of the public, and after charge of distraining, the overplus, (if any,) to be returned to the owners thereof. III. And be it further enacted by the authority aforesaid, That if any slaves enlisted as aforesaid shall happen to be killed or maimed in actual service, by the enemy, then the master or owner of such slave so killed or maimed, as aforesaid, shall be satisfied and paid for the same, by the public, Acts relating to Slaves. at such rate and value as three free-holders of the neighborhood, appointed by the Governor, on their oaths, shall award; on which award, so returned, the Governor is hereby impowered to order the receiver to pay the same. IV. And be it further enacted, That this Act, and every thing therein contained, shall continue in force two years, and no longer. Read three times, and ratified in open Assembly, the fourth day of November, 1704. N. JOHNSON. THOS. BROUGHTON. NICHOLAS TROTT. HENRY NOBLE. A. D. 1708. AN ACT FOR ENLISTING SUCH TRUSTY SLAVES AS SHALL BE THOUGHT No. 278. SERVICEABLE TO THIS PROVINCE IN TIME OF ALARMS. WHEREAS, it is necessary for the safety of this Province, in case of actual invasion, to have the assistance of our trusty slaves, to serve us against our enemies; and it being reasonable that the said slaves should be rewarded for the good service they may do us, and that satisfaction may be made to the owners of such slaves, either on their death, freedom or maiming: I. Be it enacted by his Excellency John Lord Granville, Pallatine, and the rest of the true and absolute lords and proprietors of this Province, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown, for the south-west part of this Province, and by the authority of the same, That within fifteen days after the ratification of this Act, the several captains of patrols, captains, lieutenants and ensigns of the companies throughout this Province, form and complete a list of such negroes, mulattoes and Indian slaves, as they, or any two of them, shall judge serviceable for the purpose aforesaid, not exceeding the number of white men under the command of each respective captain, excepting one man slave, which shall be at the choice of his master, to attend upon him upon alarms, armed with a gun and hatchet, or cutlass, at his own proper cost and charge; which said officers, after having finished their said lists, are to warn and summons the masters, mistresses or overseers to whom the said slaves do belong, to appear before them at a certain day, to shew cause (if any) why their said slave or slaves so chosen, should not continue in the said list; of which reasons, the said officers, or any three of them, are hereby made complete judges, to allow or disapprove, as they, in their discretion, shall think fit. II. And be it enacted by the authority aforesaid, That every slave enlisted as aforesaid, upon an alarm shall repair at the colours of the respective captains in their several divisions throughout this Province, and on an actual invasion, shall be accoutred and armed by the captain of each division, out of the public stores, with a good launce and hatchet or gun, with sufficient ammunition and hatchet; and if armed as aforesaid, by their |