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.' 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.

LAWS OF VIRGINIA.

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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 offender 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 execute."

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

lattos or Indians, although Christians, Jews, or Moors, Mahometans, or other infidels, shall, at any time, purchase any Christian servant nor any other, except of their own complexion, or such as are declared slaves by this act; and if any negro, mulatto or Indian, Jew, Moor, Mahometan, or other infidel, 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, and 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, Mahometan, or other infidel, every Christian white servant of every such person so intermarrying, shall, ipso facto, become free and acquit from any service then due to such master or mistress so intermarrying, as aforesaid." 12. "Contracts of masters with their servants void, unless approved in court." 13. Provides freedom dues at expiration of indentures of servants. 14. Penalty on servants resisting their masters. 15. Penalty for dealing with servants or slaves, without leave of their owners. 16. Punishment by stripes for so doing. 17. Servants may be whipped in lieu of fines, for a breach of penal laws. 18. Women servants having bastards, to serve longer than a year. 19. "And for a further prevention of that abominable mixture and spurious issue, which may hereafter increase in this, her majesty's colony and dominion, as well by English and other white men and women intermarrying with negroes or mulattos, as by their unlawful coition with them. Be it, &c. That whatsoever English or other white man or woman, being free, shall intermarry with a negro or mulatto man or woman, bond or free, shall, by judgment of the county court, be committed to prison, and there remain during the space of six months, without bail or mainprise; and shall forfeit and pay ten pounds, &c. 20. Penalty on ministers marrying them. 21. Freedom of servants to be recorded. Penalty for entertaining them without certificate. Remainder contains various police regulations relating to slaves. Sec. 36 is as follows:—

"And also it is hereby enacted and declared, that baptism of slaves doth not exempt them from bondage; and that all