master or owner of such slave being by some reason inforced to bring or send such slave into this country to sell or dispose of for his necessity or advantage, he, the said master or owner of such servant, which, notwithstanding his conversion, is really his slave, or his factor or agent must be constrained either to carry back or export againe the said slave to some other place where they may sell him for a slave or else depart from their just right and tytle to such slave, and sell him here for noe longer time than the English or other Christians are to serve, to the great losse and damage of such master or owner, and to the great discouragement of bringing in such slaves for the future, and to noe advantage at all to the planter or buyer; and whereas alsoe those Indians that are taken in warre or otherwise by our neighbouring Indians, confederates or tributaries to his majestie and this his plantation of Virginia, are slaves to the said neighbouring Indians that soe take them, and by them are likewise sold to his majesties subjects here, as slaves. Bee it therefore enacted by the governour, councell, and burgesses of this general assembly, and it is enacted by the authority aforesaid, that all the said recited act of the third of October, 1670, be and is hereby repealed and made utterly voyd to all intents and purposes whatsoever. And be it further enacted by the authority aforesaid, that all servants except Turkes and Moores, whilst in amity with his majesty, which from and after publication of this act shall be brought or imported into this country either by sea or land, whether negroes, Moors, mollatoes or Indians, who and whose parentage and native country are not Christian at the time of their first purchase of such servant by some Christian, though afterwards and before such their importation and bringing into this country, they shall be converted to the Christian faith; and all Indians which shall hereafter be sold by our neighbouring Indians, or any other trafiqueing with us, as for slaves, are hereby adjudged, deemed, and taken, and shall be adjudged, deemed, and taken to be slaves, to all intents and purposes, any law, usage, or custome to the contrary notwithstanding." This provision, re-enacted in nearly the same terms in the revisions of 1705. c. 49, § 4. 1753, c. 2.

1682, c. 2.-An act declaring Indian women servants tithables. Whereas it hath been doubted whether Indian women servants sold to the English above the age of sixteene yeares be tythable. Be it, &c., that all Indian women are and shall be tythables, and ought to pay levies in like manner as negroe women brought into this country doe and ought to pay.

1682, c. 3.—An additional act for the better preventing insurrections by negroes.-2 Hen. 490, 492.

1684, c. 3.—“ An act repealing act concerning the pursuit of runawayes" (1663, c. 8), because found "by experience to be inconveniente."-3 Hen. 12.

1691, c. 9.—An act for a free trade with Indians.—(Hening's note.)-"This act was re-enacted in the revisal of 1705, and again in the edition of 1733, in which last it forms sect. 12, of ch. 52. This is the same law on which the old general court first founded their decision, that the right of making slaves of Indians was taken away; though at that time it had not been discovered that the act existed as far back as 1691. The Supreme Court of Appeals have since extended the principle to cases where Indians were brought in between 1691 and 1705.1 c. 16.-An act for suppressing outlying slaves.-That such slaves shall be arrested by the sheriff or a justice's warrant ; that in case of resistance, &c., "in such cases it shall and may be lawful for such person or persons to kill and distroy such negroes, mulattoes, and other slave or slaves by gunn or any otherwaise whatsoever." Compensation to be made to master in such case. "And for prevention of that abominable mixture and spurious issue, which hereafter may encrease in this dominion, as well by negroes, mulattoes, and Indians intermarrying with English or other white women, as by their unlawful accompanying with one another. Be it, &c., That for the time. to come whatsoever English or other white man or woman being free shall intermarry with a negroe, mulatto, or Indian man or woman, bond or free, shall within three months after such mar

'See Hudgins v. Wrights, 1 Hen. and Munford's R. p. 139; Pallas and oth. v. Hill and oth. 2 do. p. 149; Butt v. Rachel, 4 Munford's R. p. 209; also, 1 Hen. Stat. Pref. vi.

riage be banished and removed from this dominion for ever, and that the justices of each respective countie within this dominion make it their particular care that this act be put in effectual execution." Other provisions are: white women having a bastard by a negro or mulatto, to pay £15 sterling, in default of payment to be sold for five years, such bastard to be bound by church wardens till thirty years of age. Servant women offending, to be likewise sold after the expiration of their term of service. "And for as much as great inconveniences may happen to this country by the setting of negroes and mulattoes free, by their either entertaining negro slaves from their master's service, or receiving stolen goods, or being grown old bringing a charge upon the country; for prevention thereof, Be it, &c., That no negro or mulatto be, after the end of this present session of assembly, set free by any person or persons whatsoever, unless such person or persons, their heirs, executors, or administrators pay for the transportation of such negro or negroes out of the country within six months after such setting them free, upon penalty of paying ten pounds sterling to the church wardens of the parish where such person shall dwell, with which money or so much thereof as shall be necessary, the said church wardens are to cause the said negro or mulatto to be transported out of the country, &c.

1692, c. 3.—An act for the more speedy prosecution of slaves committing capital crimes.-(" This is the first law constituting a tribunal expressly for the trial of slaves."-Marg. note.) Whereas a speedy prosecution of negroes and other slaves for capital offences is absolutely necessarie, that others being detered by the condign punishment inflicted on such offenders may vigorously proceed in their labours and be affrighted to commit the like crimes and offences; and whereas such prosecution has been hitherto obstructed by reason of the charge and delay attending the same; Be it, &c." Slave committing a capital offence to be committed to the jail of the county; sheriff to give notice to the governor, "who is desired and impowered to issue out a commission of oyer and terminer directed to such persons of the said county as he shall think fitt, which persons forthwith after the receipt of the said commission are required and commanded

publicly at the court house of the said county to cause the of fender to be arraigned and indicted, and to take for evidence the confession of the party, or the oaths of two witnesses, or of one with pregnant circumstances, without the solemnitie of jury, and the offender being found guilty as aforesaid, to pass judgment as the law of England provides in the like case and on such judgment to award execution." See 1705, c. 11.

1699, c. 12.—An act for laying an imposition upon servants and slaves imported into this country, &c.-3 Hen. 193. For a history of the legislation of Virginia imposing duties on imported slaves, and titles of twenty-three several statutes from this date to 1772, see 2 Tucker's Bl., App. 49.

1705, c. 2.-An act regulating elections, &c.-3 Hen. 236, Sec. 3 enacts that "every freeholder" shall appear and vote under a penalty. 4. Excepts from the obligation and right any freeholder "being a feme-sole or feme-covert, in fact, under age, or recusant convict. 6. "Every person who hath an estate, &c., shall be accounted a freeholder."

1705, c. 4.-An act declaring who shall not bear office in this country.-3 Hen. 250. "That no person whatsoever already convicted, or which shall hereafter be convicted, &c., of treason, murther, felony, &c., &c., nor any negro, mulatto, or Indian, shall from and after the publication of this act bear any office ecclesiasticall, civill, or military, or be in any place of public trust or power, within this her majesty's colony and dominion of Virginia, and that if any person convicted as aforesaid, or negro, mulatto, or Indian shall presume to take upon him, &c.," and for clearing all manner of doubts which hereafter may happen to arise upon the construction of this act, or any other act, who shall be accounted a mulatto. Be it, &c., That the child of an Indian, and the child, grandchild, or great grandchild of a negro shall be deemed, accounted, held, and taken to be a mulatto." No provision against their voting. c. 7, 3 Hen. 258, re-enacts the law of 1661-2, c. 54, respecting tithables.

c. 11. An act for the speedy and easy prosecution of slaves committing capitall crimes.-3 Hen. 269. Similar to the act of 1692, c. 3, but compensates the owner upon the conviction

of the slave. — c. 12. “An act to prevent the clandestine transportation or carrying of persons in debt, servants and slaves, out of this colony."-3 Hen. 270.

c. 19.—An act for establishing the general court, &c In § 31, "That Popish recusants, convict negroes, mulattoes, and Indian servants and others, not being Christians, shall be deemed and taken to be persons incapable in law to be witnesses in any cases whatsoever."

- c. 23.-An act declaring the negro, mulatto, and Indian slaves within this dominion to be real estate.-3 Hen. 333, sec. 1. The words are, "to be real estate (and not chattels)." This affected slave property only under the laws of descent and devise, judgments, executions, &c. See Chinn v. Respass, 1 Munroe's R. 28.

c. 45.-An act for naturalization.-3 Hen. 434, sec. 1. Aliens may be naturalized by "the governor or commander-inchief of this colony and dominion." Sec. 7 "Provided that nothing in this act contained shall be construed to enable or give power or privilege to any foreigner to do or execute any matter or thing, which by any of the acts made in England concerning her majesty's plantations he is disabled to do or exe

cute."

c. 48.-An act concerning marriages.-3 Hen. 441. § 6. Servants not to marry without consent, &c. Penalties.

c. 49. An act concerning servants and slaves, 3 Hen. 447, sec. 1.-How long servants without indenture, being Christains or of Christian parentage, shall serve. 2. The age to be adjudged by the court. 3. When to produce their indentures. 4. Who shall be slaves (similar to 1682, c 1). 5. Penalty for importing and selling free persons as slaves. 6. "Provided always that a slave's being in England, shall not be sufficient to discharge him of his slavery, without other proof of his being manumitted there." 7. Duty of masters to servants, restriction as to correction. 8. Complaints of servants, how redressed. 9. Sick and disabled servants, how provided for. 10. Servants' wages, how recovered. 11. And for a further Christian care and usage of all Christian servants. Be it, &c., that no negroes, mu