clause.

one hundred pounds, for a year, and so rateably, or above one shilling for making, or renewing the bond, or bill, for the loan or forbearance thereof, or for any counter bond or bill, concerning the same, shall forfeit for every such offence, twenty pounds current money; one moiety to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof, the other moiety to the informer, to be recovered, by action of debt, or information, in any court of record of this dominion.

VIII. And be it further enacted by the authority aforeRepealing said, That all and every other act and acts, clause and clauses heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

ment of this act.

IX. And be it further enacted by the authority aforeCommence- said, That this act shall commence and be in force from and immediately after the tenth day of June, which shall be in the year of our lord one thousand seven hundred and fifty one.

Preamble.

Conspiracy of slaves to rebel or

CHAP. XXXVIII.

An Act directing the trial of Slaves committing capital crimes; and for the more effectual punishing conspiracies and insurections of them; and for the better government of negroes, mulattoes, and Indians, bond or free.

I. Whereas it is absolutely necessary, that effectual provision should be made for the better ordering and governing of slaves, free negroes, mulattoes, and Indians, and detecting and punishing their secret plots, and dangerous combinations, and for the speedy trial of such of them as commit capital crimes.

II. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, nurder felo- and it is hereby enacted by the authority of the same,

That if any negroe, or other slaves, shall at any time ny without consult, advise, or conspire, to rebel or make insurrec- clergy. tion, or shall plot, or conspire the murder of any person, or persons whatsoever, every such consulting, plotting, or conspiring, shall be adjudged and deemed felony, and the slave or slaves convicted thereof, in manner herein after directed, shall suffer death, and be utterly excluded all benefit of clergy.

son, or any

III. And whereas many negroes, under pretence Or to pre. of practising physic, have prepared and exhibited poi- pare or adsonous medicines, by which many persons have been minister poi murdered, and others have languished under long and medicine. tedious indispositions, and it will be difficult to detect such pernicious and dangerous practices, if they should be permitted to exhibit any sort of medicine, Be it therefore further enacted, by the authority aforesaid, That if any negroe, or other slave, shall prepare, exhibit, or administer any medicine whatsoever, he, or she so offending, shall be adjudged guilty of felony, and suffer death without benefit of clergy.

IV. Provided always, That if it shall appear to the In what case court before which such slave shall be tried, that the clergy may medicine was not prepared, exhibited, or administer. be allowed. ed, with an ill intent, nor attended with any bad consequences, such slave shall have the benefit of clergy.

tered.

trial of criminal slaves.

V. Provided also, That nothing herein contained where meshall be construed to extend to any slave or slaves dicines may administering medicines, by his, or her master's or be adminis mistress's order, in his, or her family, or the family of another, with the mutual consent of the owner of such slave, and the master or mistress of such family. VI. And be it further enacted, by the authority afore- The method said, That every slave committing such offence as by of commitlaw is punishable with death, or loss of member, shall ment, and be forthwith committed to the common goal of the county wherein such offence shall be done, there to be safely kept: And upon such commitment, the sheriff of such county shall certify the same, with the cause thereof, to the governor, or commander in chief of this dominion, for the time being, who is thereupon desired and impowered to issue a commission of Oyer and Terminer, to such persons as he shall think fit; which persons, forthwith after receipt of such commission, are impowered and required to cause the of fender to be publicly arraigned, and tried, at the courthouse of the said county, and to take for evidence the O-Vol. 6.

Where the party arraigned shall

confession of the offender, the oath of one or more credible witnesses, or such testimony of negroes, mu lattoes, or Indians, bond or free, with pregnant circumstances, as to them shall seem convincing, with out the solemnity of a jury: And the offender being by them found guilty, to pass such judgment upon such offender, as the law directs, for the like crimes, and on such judgment to award execution.

VII. Provided always, That if at such trial the court be divided in opinion, whether the accused be be acquitted. guilty, or not guilty, in that case, he, she, or they, And where shall be acquitted. Provided also, That when judg after judgment of death shall be passed upon any such offender, ment, exe- there shall be ten days, at least, between the time of be stayed 10 passing judgment, and the day of execution, except in cases of conspiracy, insurrection, or rebellion.

cution shall

days, at

least.
Rules in al-

gy to negroes, mulattoes, or Indians, conFict.

VIII. And be it further enacted, by the authority lowing cler- aforesaid, That when any negroc, mulatte, or Indian whatsoever, shall be convicted of any off nce within the benefit of clergy, judgment of death shall not be given against him, or her, upon su h conviction, but he, or she, shall be burnt in the hand, by the goaler in open court, and suffer such other corporal punishment as the court shall think fit to inflict; except where such negroe, mulattoe, or Indian, shall be convicted of manslaughter, or the felonious breaking and entering any house, in the night time, or for breaking and entering, in the day time, any house, and taking from thence away goods, or chattels, to the value of twenty shillings current money, or where he, or she, hath once had the benefit of this act; and in those cases, such negroe, mulattoe, or Indian, shall suffer death, without benefit of clergy.

nesses, giv

Punishment IX. And to the end such negroes, mulatto's, or Inof negroe, dians, not being christians, as shall be produced as mulattoe, or evidences, on the trial of any slave for a capital Indian wit- crime, may be under the greater obligation to declare ing false tes- the truth, It is hereby further enacted, That where any timony. such negros, mulattoe, or Indian, shall be found, upon due proof made, or pregnant circumstances appearing to any county court of this colony, to have given a false testimony, every such offender shall, without further trial, be ordered by the said court to have one ear nailed to the pillory, and there to stand for the space of one hour, and then the said ear to be cut off, and thereafter the other ear nailed in like manner, and

.

cut off at the expiration of one other hour, and moreover, to receive thirty nine lashes on his, or her bare back, well laid on, at the public whipping post; and at every such trial of slaves for capital offences, the person first named in the commission, then sitting, shall, before the examination of any negro, mulattoe, or Indian, not being a christian, charge such evidence to declare the truth; which charge shall be in the words following, to wit.

nesses.

You are brought hither as a witness, and by the di- A charge to rection of the law I am to tell you, before you give such wit. your evidence, that you must tell the truth, the whole truth, and nothing but the truth; and that if it be found hereafter, that you tell a lie, and give false testimony in this matter, you must for so doing, have both your ears nailed to the pillory, and cut off, and receive thirty nine lashes on your bare back, well laid on, at the common whipping post.

the trial, in

X. Provided always, That the master or owner of Masters may any slave may appear at such arraignment and trial, appear at and make what just defence he can for such slave, so defence of that such defence do not relate to any formality in the their slaves. proceedings on the trial: And that when any slave The value of shall be convicted, by virtue of this act, the commis- ted shall be sioners, sitting on the trial, shall put a valuation in paid by the money upon such slave, and certify the same to the public. next session of Assembly, that they may be enabled to make a suitable allowance to the master or owner.

slaves execu

ses negroes,

XI. And for preventing the mischiefs that may hap- In what capen by the corrupt and precarious evidence of negroes, mulattoes, mulattoes, and indians, if they should be admitted as and Indians lawful witnesses in courts of justice, It is hereby fur- may, or may ther enacted, That no negroe, mulattoe, or indian, not, be witwhether a slave, or free, shall be admitted in any court of record, or before any magistrate of this colony, to be sworn as a witness, or give evidence in any cause whatsoever, except upon the trial of a slave for a capital offence..

XII. Provided nevertheless, That any free negroe, mulattoe, or Indian, being a christian, shall be admitted in any court, or before a justice of peace, to be sworn as a witness, and give evidence, against or between any other negroes, mulattoes, or indians, slave or free, in any cause, civil or criminal.

XIII. And to prevent the inconveniences arising by the meetings of slaves, Be it further enacted by the

nesses.

other men's

slaves to re

main upon his planta.

tion.

No person authority aforesaid, That if any master, mistress, or shall permit overseer of a family, shall knowingly permit or suffer any slave, not belonging to him, or her, to be and remain upon his, or her plantation, above four hours at one time, without leave of the owner or overseer of such slave, he, or she, so permitting, shall forfeit and pay one hundred and fifty pounds of tobacco, for every such offence; and every owner, or overseer, of a plantation, who shall so permit, or suffer more than five negroes, or slaves, other than his, or her own, to be and remain upon his, or her plantation, or quarter, at any one time, shall forfeit and pay five shillings, or fifty pounds of tobacco, for each negroe, or slave above that number: Which said several forfeitures shall be to the informer, and recoverable, with costs, before any justice of peace of the county where such offence shall be committed.

Proviso.

Punishment of persons

present at unlawful

slaves.

XIV. Provided alway, That nothing herein contained shall be construed to prohibit the negroes, or slaves, of one and the same owner, tho' seated at different quarters, from meeting, with their owners or overseers leave, upon any plantation to such owner belonging; nor to restrain the meeting of slaves, on their owners or overseer's business, at any public mill, so as such meeting be not in the night-time, nor on a Sunday; nor to prohibit their meeting on any other lawful occasion, by license in writing from their owner, or overseer; nor their going to church, and attending divine service on the Lord's day, or any other day of public worship.

XV. And be it further enacted by the authority aforesaid, 'That if any white person, free negroe, mulattoe, or Indian, shall at any time be found in company with slaves, at any unlawful meeting, or shall harbour, or meetings of entertain any slave, without the consent of his, or her owner, such person, being thereof convicted, before any justice of peace, shall forfeit and pay fifteen shillings, or one hundred and fifty pounds of tobacco, for every such offence, to the informer, recoverable with costs, before such justice, or, on failure of present payment, shall receive on his, or her, bare back, twenty lashes, well laid on, by order of the justice, before whom such conviction shall be: And every slave, present at any unlawful meeting, shall be by the justice, ordered to receive any number of lashes, not exceeding thirty nine.