Olivia's Genealogy Site: Lawson Information
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February 1676--1677 Lawson's Information [The Royal Commissioners tried to discourage the Assembly from treating Native Americans who were captured during Bacon's Rebellion as slaves. They did not succeed.] IT is ordered that all such souldiers who either already have taken or hereafter shall take prisoners any of our Indian enemies, or any other Indian plunder, and at the tyme of takeing such Indians or Indian goods then were or shall hereafter be under a lawfull comand from due and full authority, that they reteyne and keepe all such Indian slaves or other Indian goods as they either have taken or hereafter shall take to their owne proper use for their better encouragement to such service. Source: Hening, ed., The Statutes at Large, vol. 2, p. 404. April 1679-ACT I. An act for the defence of the country against the incursions of the Indian enemy. [This statute reflected the bias against Native Americans in the years after Bacon's Rebellion.] And for the better encouragement and more orderly government of the souldiers, that what Indian prisoners or other plunder shalbe taken in warre, shalbe free purchase to the souldier taking the same. Source: Hening, ed., The Statutes at Large, vol. 2, p. 440. March 1655/6-ACT I. An Induction to the Acts concerning Indians [Colonial legislators created a distinction between Native Americans and Africans in this statute.] If the Indians shall bring in any children as gages of their good and quiet intentions to us and amity with us, then the parents of such children shall choose the persons to whom the care of such children shall be intrusted and the countrey by us their representatives do engage that wee will not use them as slaves, but do their best to bring them up in Christianity, civillity and the knowledge of necessary trades; And on the report of the commissioners of each respective country that those under whose tuition they are, do really intend the bettering of the children in these particulars then a salary shall be allowed to such men as shall deserve and require it. Source: Hening, ed., The Statutes at Large, vol. 1, p. 396 (Commonwealth). March 1657/8-ACT XLVI. What Persons are Tithable. [This statute (passed during the Commonwealth period) noted that all imported African women and female Native Americans were tithable unless they were Christians born in the colony or free when their parents imported them into Virginia.] BEE it enacted for the prevention of the greate abuse used by presenting of imperfect lists, that all male servants hereafter imported into this collony of what age soever they be, shall bee brought into the lists and shall be liable to pay countrey levies; and all negroes imported whether male or female, and Indian servants male or female however procured, being sixteen years of age, to be listed and pay leavies as aforesaid; such christians onlie to be excepted as are natives of this countrey, or such as are imported free either by parents or otherwise,who are exempted from levies being under the age of sixteen years. Source: Hening, ed., The Statutes at Large, vol. 1, p. 454 (Commonwealth). March 1661/2-ACT CXXXVIII. Concerning Indians. [The legislators decided that Native American and English servants were to serve their masters the same length of time.] And be it further enacted that what Englishman, trader, or other shall bring in any Indians as servants and shall assigne them over to any other, shall not sell them for slaves nor for any longer time than English of the like ages should serve by act of assembly. Source: Hening, ed., The Statutes at Large, vol. 2, p. 143. March 1661/2 [Members of the Assembly ruled that Metappin should be free. They noted that he spoke perfect English and wanted to be baptized.] METAPPIN a Powhatan Indian being sold for life time to one Elizabeth Short by the king of Wainoake Indians who had no power to sell him being of another nation, it is ordered that the said Indian be free, he speaking perfectly the English tongue and desiring baptism. Source: Hening, ed., The Statutes at Large, vol. 2, p. 155. October 1670-ACT IV. Noe Negroes nor Indians to buy christian servants. [The number of blacks and Native Americans in Tidewater Virginia was small when this act was passed. The legislators knew that access to labor was necessary to succeed.] WHEREAS it hath beene questioned whither Indians or negroes manumited, or otherwise free, could be capable of purchasing christian servants, It is enacted that noe negroe or Indian though baptised and enjoyned their owne ffreedome shall be capable of any such purchase of christians, but yet not debarred from buying any of their owne nation.
Source: Hening, ed., The Statutes at Large, vol. 2, pp. 280-281. October 1670-ACT XII. What tyme Indians to serve. [This law created an additional distinction between African Americans and Native Americans. It was an attempt to make lifetimeservitude the normal condition for all Africans imported into Virginia. The legislators repealed this statute in November 1682.] WHEREAS some dispute have arisen whither Indians taken in warr by any other nation, and by that nation that taketh them sold to theEnglish, are sevants for life or terme of yeares, It is resolved and enacted that all servants not being christians imported into this colonyby shipping shalbe slaves for their lives; but what shall come by land shall serve, if boyes or girles, untill thirty yeares of age, if men or women twelve yeares and no longer. Source: Hening, ed., The Statutes at Large, vol. 2, p. 283. September 1672-ACT III. An act concerning tythables borne in the country. [The legislators decided that each tithe taker was responsible for keeping track of the age of all black, mulatto, and Native American children in their precinct. In addition, each master was to have the birth of a black or a mulatto child registered in his or her parishwithin one year.] FOR the better discovery of what persons borne in this country are and ought to be accounted tythables, and the ages of the younger better known, Be it enacted by the governor, counsell and burgesses of this grand assembly and by the authority thereof that all persons who are appointed by the county courts to take the lyst of tythables, in each county shall take an account of all negro, molatto, and Indian children, within their severall precincts, and the masters and owners of such children are to make appeare upon oath or evidence the ages of them. And that all negro, and molatto children, and slaves that shalbe borne in the country, shall by their respective masters or owners within twelve months after their birth be registred in the parish register with their exact ages, and in default thereof, the said master or owner shall pay levy for them that yeare, and soe yearley till such register be made; And it is further enacted by the authority aforesaid, that all negro women borne in this country shall be accompted tythable at sixteene yeares of age. Source: Hening, ed., The Statutes at Large, vol. 2, p. 296. September 1672-ACT VIII. An act for the apprehension and suppression of runawayes, negroes and slaves. [The members of the General Assembly hoped to suppress the rebellious activities of slaves throughout the colony. In addition, they wanted to keep servants and Native Americans from joining the slaves in any unlawful activities. They decided that it was legal to wound or kill an enslaved person who resisted arrest.] FORASMUCH as it hath beene manifested to this grand assembly that many negroes have lately beene, and now are out in rebellion in sundry parts of this country, and that noe meanes have yet beene found for the apprehension and suppression of them from whome many mischeifes of very dangerous consequence may arise to the country if either other negroes, Indians or servants should happen to fly forth and joyne with them; for the prevention of which, be it enacted by the governour, councell and burgesses of this grand assembly, and by the authority thereof, that if any negroe, molatto, Indian slave, or servant for life, runaway and shalbe persued by the warrant or hue and crye, it shall and may be lawfull for any person who shall endeavour to take them, upon the resistance of such negroe, molatto, Indian slave, or servant for life, to kill or wound him or them soe resisting; Provided alwayes, and it is the true intent and meaning hereof, that such negroe, molatto, Indian slave, or servant for life, be named and described in the hue and crye which is alsoe to be signed by the master or owner of the said runaway. And if it happen that such negroe, molatto, Indian slave, or servant for life doe dye of any wound in such their resistance received the master or owner of such shall receive satisfaction from the publique for his negroe, molatto, Indian slave, or servant for life, soe killed or dyeing of such wounds; and the person who shall kill or wound by virtue of any such hugh and crye any such soe resisting in manner as aforesaid shall not be questioned for the same, he forthwith giveing notice thereof and returning the hue and crye or warrant to the master or owner of him or them soe killed or wounded or to the next justice of peace. And it is further enacted by the authority aforesaid that all such negroes and slaves shalbe valued at ffowre thousand five hundred pounds of tobacco and caske a peece, and Indians at three thousand pounds of tobacco and caske a peice, And further if it shall happen that any negroe, molatto, Indians slave or servant for life, in such their resistance to receive any wound whereof they may not happen to dye, but shall lye any considerable tyme sick and disabled, then alsoe the master or owner of the same soe sick or disabled shall receive from the publique a reasonable satisfaction for such damages as they shall make appeare they have susteyned thereby at the county court, who shall thereupon grant the master or owner a certificate to the next assembly of what damages they shall make appeare; And it is further enacted that the neighbouring Indians doe and hereby are required and enjoyned to seize and apprehend all runawayes whatsoever that shall happen to come amongst them, and to bring them before some justice of the peace whoe upon the receipt of such servants, slave, or slaves, from the Indians, shall pay unto the said Indians for a recompence twenty armes length of Roanoake or the value thereof in goods as the Indians shall like of, for which the said justice of peace shall receive from the publique two hundred and fifty pounds of tobacco, and the said justice to proceed in conveying the runaway to his master according to the law in such cases already provided; This act to continue in force till the next assembly and noe longer unlesse it be thought fitt to continue.
Source: Hening, ed., The Statutes at Large, vol. 2, pp. 299-300.
June 1676-ACT I. An act for carrying on a warre against the barbarous Indians. [In 1676 many Virginians were alarmed by Governor Berkeley's poor leadership and weak response in handling the Indian threat bymerely suggesting a series of forts be built along the frontier rather than dispatching troops. Nathaniel Bacon, a member of England's gentry newly arrived in Virginia, became the military leader of a band of Virginians who armed themselves against the Indians in defiance of the governor in the spring of that year. Berkeley responded by unsuccessfully dispatching men to confront Bacon and declared him a rebel. Until Bacon's death from natural causes on October 26, 1676 he and Governor Berkeley struggled to control Virginia militarily and politically, embroiling Virginians in civil war. After the Assembly enacted many of Bacon's demands, Bacon with five hundred men captured the government and demanded from Berkeley the power to fight the Indians. That was granted on June 25 but later withdrawn. The governor, however, could not raise loyal troops to assert his authority and was forced to retreat to the Eastern Shore. Berkeley later returned to Jamestown to prepare for Bacon's attack but was forced to return to the Eastern Shore while Bacon burned the capital. Virginians, hesitant to fight one another, continued to vacillate in their support of Berkeley and Bacon in the ever-increasing confusion. Bacon's men, however, now turned to plundering loyalist plantations in Gloucester County and elsewhere. Bacon's sudden death left his men without a strong leader, and in January 1677 Berkeley returned to power and sought reparations for the loyalists. During the Rebellion the Indians probably suffered the most. Many were killed and a number of their villages were destroyed. In June of 1676 members of the Assembly decided that Native Americans captured during the rebellion would become slaves for life.] And bee it further enacted by the authority aforesaid, that all Indians taken in warr be held and accounted slaves dureing life, and if any differences shall arise in cases about plunder or slaves, the cheife commander of the party takeing such slaves or plunder is to be the sole judge thereof to make equall division as hee shall see fit. Source: Hening, ed., The Statutes at Large, vol. 2, p. 346 (BACON'S LAWS).
February 1676/7
[The Royal Commissioners tried to discourage the Assembly from treating Native Americans who were captured during Bacon'sRebellion as slaves. They did not succeed.] IT is ordered that all such souldiers who either already have taken or hereafter shall take prisoners any of our Indian enemies, or any other Indian plunder, and at the tyme of takeing such Indians or Indian goods then were or shall hereafter be under a lawfull comand from due and full authority, that they reteyne and keepe all such Indian slaves or other Indian goods as they either have taken or hereafter shall take to their owne proper use for their better encouragement to such service.
Source: Hening, ed., The Statutes at Large, vol. 2, p. 404. April 1679-ACT I. An act for the defence of the country against the incursions of the Indian enemy. [This statute reflected the bias against Native Americans in the years after Bacon's Rebellion.] And for the better encouragement and more orderly government of the souldiers, that what Indian prisoners or other plunder shalbe taken in warre, shalbe free purchase to the souldier taking the same.
Source: Hening, ed., The Statutes at Large, vol. 2, p. 440. November 1682-ACT I. An act to repeale a former law making Indians and others ffree. [Two acts passed in November of 1682 joined Native Americans and Africans into one racial category-"negroes and other slaves."] And be it further enacted by the authority aforesaid that all servants except Turkes and Moores, whilest 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, Mollattoes 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, although 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 to be slaves to all intents and purposes, any law, usage or custome to the countrary notwithstanding. Source: Hening, ed., The Statutes at Large, vol. 2, pp. 491-492 November 1682-ACT II. An act declaring Indian women servants tithables. WHEREAS it hath bin doubted whether Indian women servants sold to the English above the age of sixteene yeares be tythable, Bee it enacted and declared, and it is hereby enacted and declared by the governour, councill and burgesses of this generall assembly and the authority thereof, 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.
Source: Hening, ed., The Statutes at Large, vol. 2, p. 492. October 1705-CHAP. VII. An act concerning Tithables. [It is possible that the decision to exempt free black women from tithes was designed to benefit white men who had such women as servants.] I. BE it enacted, by the Governor, Council, and Burgesses of this present general assembly, and it is hereby enacted, by the authority of the same, That all male persons, of the age of sixteen years, and upwards, and all negro, mulatto, and Indian women, of the age of sixteen years, and upwards, not being free, shall be, and are hereby declared to be tithable, or chargeable, for defraying the public, county, and parish charges, in this her majesty's colony and dominion; excepting such only, as the county court, and vestry, for reasons, in charity, made appear to them, shall think fit to excuse. Source: Hening, ed., The Statutes at Large, vol. 3, pp. 258-259. October 1705-CHAP. XII. An act to prevent the clandestine transportation or carrying of persons in debt, servants, and slaves, out of this colony. [This act required the master of any vessel to have the permission of a master or a license in order to transport a servant or slave out of the colony.] II. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That after publication of this act, no master of a ship, sloop, boat or other vesse, shall transport or carry any servant whatsoever, or any negro, mulatto, Indian, or othe rslave, out of thiscolony and dominion, without a licence, or pass as aforesaid, or the consent, leave, or permission of the person or persons to whom such servant or slave doth of right belong, upon penalty of forfeiting and paying, in current money, the sum of fifty pounds for every servant, and the sum of one hundred pounds for every slave transported or carried hence, contrary to this act; one moiety to our sovereign lady the Queen, her heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to the party grieved: To be recovered, with costs, in any court of record within this colony and dominion, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed.
Source: Hening, ed., The Statutes at Large, vol. 3, p. 271. October 1705-CHAP. XIV. An act against stealing Hogs. I. BE it enacted, by the Governor, Council, and Burgesses of this present general assembly, and it is hereby enacted, by the authority of the same, That if any person or persons shall, from and after the publication of this act, steal any hog, shoat, or pig, every person so offending, shall, for the first offence, receive on his or her bare back, twenty-five lashes, or pay down ten pounds current money of Virginia; and if a negro, mulatto, or Indian, thirty-nine lashes well laid on, at the common whipping-post of the county wherein such offence shall be committed, or the party offending, arrested; and moreover, shall pay and satisfy four hundred pounds of tobacco, for every such hog, shoat, and pig; one half of the afore-mentioned fine to be to the owner of such hog, shoat, or pig; and the other half to the informer: To be recovered, with costs, at the suit of the informer, by action of debt, bill, plaint, or information, in any court of record in this her majesty's colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed. And if any person or persons, shall the second time offend, by stealing any hog, shoat, or pig, he or she so offending, and being thereof the second time convicted, shall stand two hours in the pillory, on a court day, and have both ears nailed thereto, and at the end of the said two hours,have the ears cut loose from the nails: which judgment, the county courts in this colony, are hereby impowered to give respectively, and to award execution thereon accordingly: Saving always and reserving to each party concerned, liberty of appealing to the general court; provided they give bond, with good security, in the sum of twenty pounds sterling, for his or personal appearance in the general court, according to the appeal, and to perform and abide what they shall award therein; and moreover, each party offending as aforesaid, shall pay and satisfy four hundred pounds of tobacco for every such hog, shoat, and pig: To be recovered and divided as aforesaid. III. And if such person so offending, be a slave, then the owner of such slave shall pay and satisfy two hundred pounds of tobacco to the owner of the hog; and judgment shall go accordingly.
V. Provided always, That this clause shall not be constued to extend to owners of slaves paying more than once for one hog; but that having paid once two hundred pounds of tobacco for each hog so stolen, shall be acquit: And if slaves of several masters be concerned together in one offence of hog stealing, then the pay for such hogs or hogs, shall be paid by the owners of such slaves, in proportion. VI. And if any person or persons shall the third time offend, by stealing a hog, shoat, or pig, he or she so offending, shall be adjudged a felon, and shall suffer death, as in the case of felony. Source: Hening, ed., The Statutes at Large, vol. 3, pp. 276-278. October 1705-CHAP. XIX. An act for establishing the General Court, and for regulating and settline the proceedings therein. [This law denied all blacks the right to testify as witnesses in court.] XXXI. "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. Source: Hening, ed., The Statutes at Large, vol. 3, p. 298. October 1705-CHAP. XXII. An act declaring the Negro, Mulatto, and Indian slaves within this dominion, to be real estate. [The legislators defined enslaved men, women, and children as real property in this act. See also the 1669 statute entitled An actabout the casuall killing of slaves for another example of masters treating slaves as property.] I. FOR the better settling and preservation of estates within this dominion, II. Be it enacted, by the governor, council and burgesses of this present general assembly, and it is hereby enacted by the authority of the same, That from and after the passing of this act, all negro, mulatto, and Indian slaves, in all courts of judicature, and other places, within this dominion, shall be held, taken, and adjudged, to be reat estate (and not chattels;) and shall descend unto the heirs and widows of persons departing this life, according to the manner and custom of land of inheritance, held in fee simple. III. Provided always, That nothing in this act contained, shall be taken to extend to any merchant or factor, bringing any slaves into this dominion, or having any consignments thereof, unto them, for sale: But that such slaves whilst they remain unsold, in the possession of such merchant, or factor, or of their executors, administrators, or assigns, shall, to all intents and purposes, be taken, held, and adjudged, to be personal estate, in the same condition they should have been in, if this act had never been made. IV. Provided also, That all such slaves shall be liable to the paiment of debts, and may be taken by execution, for that end, as other chattels or personal estate may be. V. Provided also, That no such slaves shall be liable to be escheated, by reason of the decease pf the proprietor of the same, without lawful heirs: But all such slaves shall, in that case, be accounted and go as chattels, and other estate personal. VI. Provided also, That no person, selling or alienating any such slave shall be obliged to cause such sale or alienation to be recorded, as is required by law to be done, upon the alienation of other real estate: But that the said sale or alienation may be made in the same manner as might have been done before the making of this act VII. Provided also, That this act, or any thing therein contained, shall not extend, nor be construed to extend, to give any person, being owner of any slave or slaves, and not seized of other real estate, the right or privilege as a freeholder, meant, mentioned, and intended, by one act of this present session of assembly, intituled, An act for regulating the elections of Burgesses, for settling their privileges, and for ascertaining their allowances. VIII. Provided also, That it shall and may be lawful, for any person, to sue for, and recover, any slave, or damage, for the detainer, trover, or conversion thereof, by action personal, as might have been done if this act had never been made. IX. Provided always, That where the nature of the case shall require it, any writ De Partitione facienda, or of dower, may be sued forth and prosecuted, to recover the right and possession of any such slave or slaves. X. Provided, and be it enacted, That when any person dies intestate, leaving several children, in that case all the slaves of such person,(except the widow's dower, which is the be first set apart) shall be inventoried and appraised; and the value thereof shall be equallydivided amongst all the said children; and the several proportions, according to such valuation and appraisement, shall be paid by the heir(to whom the said slaves shall descend, by virtue of this act) unto all and every the other said children. And thereupon, it shall and maybe lawful for the said other children, and every of them, and their executors or administrators, as the case shall be, to commence andprosecute an action upon the case, at the common law, against such heir, his heirs, executors and administrators, for the recovery of theirsaid several proportions, respectively.
XI. And be it further enacted by the authority aforesaid, That if any widow, seised of any such slave or slaves, as aforesaid, as of thedower of her husband, shall send, or voluntarily permit to be sent out of this colony and dominion, such slave or slaves, or any of theirincrease, without the lawful consent of him or her in reversion, such widow shall forfeit all and every such slave or slaves, and all otherthe dower which she holds of the endowment of her husband's estate, unto the person or persons that shall have the reversion thereof;any law, usage or custom to the contrary notwithstanding. And if any widow, seized as aforesaid, shall be married to an husband, whoshall send, or voluntary permit to be sent out of this colony and dominion, any such slave or slaves, or any of their increase, without theconsent of him or her in reversion; in such case, it shall be lawful for him or her in reversion, to enter into, possess and enjoy all theestate which such husband holdeth, in right of his wife's dower, for and during the life of the said husband.
Source: Hening, ed., The Statutes at Large, vol. 3, pp. 333-335. |