children shall be bond or free, according to the condition of their mothers, and the particular directions of this act."

Sec. 37, provides for the apprehension of outlying slaves, that they may be killed if resisting (as in 1680, c. 10), disorderly slaves when may be dismembered on order of court. Sec. 38. Value of slaves killed according to the act to be paid to the owner: 41 repeals all previous acts relating to servants and slaves.

—c. 52. An act for prevention of misunderstandings between the tributary Indians and other of her majesty's subjects of this colony and dominion, and for a free and open trade with all Indians whatsoever. (See 1691, c. 9. 1753, c. 2. II., Tucker's Bl. Ap. 47, n.) 3 Hen. 464.

1711, c. 1.-An act for appointing Rangers. 4 Hen. 10. "That if any Indian or Indians so taken shall upon examination or tryal be found to belong to any of the nations in warr with this government, such Indian and Indians shall be transported and sold, and the benefit of said sale shall entirely belong to that party of rangers by which they were apprehended."

1723, c. 3.—Another act relating to Indians. Indians offending against the terms of certain treaties, "to suffer death or be transported to the West Indies, there to be sold as slaves as shall be awarded by the courts, &c." 4 Hen. 103.

1723, c. 2.—An act for the better settling and regulation of the militia. Sec. 6, 7 provides,-Free negroes, mulattos, or Indians may be listed and emploied as drummers or trumpeters in servile labor, but are not to bear arms. c. 4. An act directing the trial of slaves committing capital crimes, and for the more effectual punishing conspiracies and insurrections of them, and for the better government of negroes, mulattos and Indians, bond or free. Sec. 1 relates to the punishment of plots, &c. 3 provides for proceedings against slaves committing capital crimes, similar to 1705, c. 11, and 1692, c. 3, with the exception of the allowance in such cases of "the testimony of negros, mulattos or Indians, bond or free, with frequent circumstances as shall to them (the justices) seem convincing," &c. 17. "That no negro, mulatto, or Indian slaves shall be set free upon any pretence whatsoever, except for some meritorious

services, to be adjudged and allowed by the governor and council, &c." 18. Dismembering of slaves (explains 1705, c. 49, 8. 37,) provided for. 19. Death of slave under dismemberment, not punishable, if not intended; "neither shall any person whatsoever who shall be indicted for the murder of any slave, and upon trial shall be found guilty only of manslaughter, incur any forfeiture or punishment for such offence or misfortune." (Repealed 1788, c. 23, see 2 Tucker's Bl. App. 56.) 21. All free negroes, &c. (except tributary Indians), above sixteen years of age, and their wives declared tithable. 22. Children of mulatto or Indian women, bound to serve for years, how long to serve. 23. "That no free negro, mulatto or Indian, whatsoever, shall hereafter have any vote at the election of burgesses, or any other election whatsoever." (See 1785, c. 55; 1794, c. 17.) 4 Hen. 119, 126.1

1726, c. 4.—An act for amending an act concerning servants and slaves, and for the further preventing the clandestine transportation of persons out of this colony, mostly regards the exportation of runaway slaves, whose owners cannot be discovered. 4 Hen. 168.

1727, c. 11.-An act to explain and amend the act for declaring slaves to be real estate. § 3. “ Slaves to pass as chattels” (margin) may be conveyed as such by will, by deed of gift or of sale.

1732, c. 7. An act for settling some doubts, &c., sec. 5. "And whereas negroes, mulattos, and Indians, have lately been frequently allowed to give testimony as lawful witnesses in the general court and other courts of this colony, when they have professed themselves to be Christians, and been able to give some account of the principles of the Christian religion; but forasmuch as they are people of such base and corrupt natures that the credit of their testimony cannot be certainly depended upon, and some juries have altogether rejected their evidence and others have given full credit thereto "-enacts that negroes, mulattos, and Indians, whether slaves or free, shall be disabled to be witnesses, except on the trial of a slave for a capital offence, and refers

'See 2 Chalmers' Opinions, p. 113. Opinion of West against the propriety of sanctioning this section of this act, on the ground that no distinction should be made between free persons, in respect to color.

to 1723, c. 4, how such testimony shall be taken.-4 Hen. 325.

1734, c. 8. An act for allowing Indians to be witnesses in criminal offences committed by Indians.-4 Hen. 405.

1744, c. 13. An act to amend, &c., sec. 2, provides that any free negro, mulatto, or Indian, being a Christian, shall be admitted in any court of this colony, or before any justice of the peace, to be sworn as a witness, and give evidence for or against any other negro, mulatto, or Indian, whether slave or free, in all causes whatsoever, as well civil as criminal, any law, custom or usage to the contrary in any wise notwithstanding.-5 Hen. 244.

1748, c. 2. An act declaring slaves to be personal estate, and for other purposes therein mentioned. This act, with others of this session, having been repealed by the king, representation was made against the repeal, assigning reasons, see 5 Hen. 432-443.1

1748, c. 14, a revision of laws under an act of 1745, see 1 Hen. pref. vi. An act concerning servants and slaves. Reenacts most of previous laws on this subject. Sec. 1. How long servants imported without indentures shall serve. 2. What persons imported shall be slaves,-same rule as in 1705, c. 49, s. 4., and in 1682, c. 1, s. 3. A penalty for importing and selling a free person as a slave. 4. "That a slave's being in England shall not be a discharge from slavery, without proof of being manumitted there; and that baptism of slaves doth not exempt them from bondage; and that all children shall be bond or free according to the condition of their mothers, and the particular directions of this act." 5. Masters' duty to servants," that they shall not give immoderate correction, nor whip a Christian white servant naked without an order from a justice of the peace," &c. 6. Justices to receive servants' complaints, proceeding thereon. 7. No contracts between masters and servants unless in court-servants shall have the property of their own effects-sick or lame servants may not be discharged. 8. Servants shall have their freedom dues. 9. Same as 1705, c. 49, s. 11. 10. Penalty for dealing with servants or slaves. This statute did not change the law. Slaves were real estate, in 1777, See Chinn v. Respass, 1 Munroe's R., 27.

11. Duty of servants; their punishment in case of resistance. 12. Punishment by whipping in lieu of fine. 13. Servants when free to have a certificate. 14-22. Respecting runaway servants. Sec. 19, provides that runaways belonging to inhabitants of Maryland and Carolina may be detained until claimed by their owners. 23, 24. Respecting servants contracting to serve by the year, and apprentices. 25. Stealing made a

felony without clergy.

c. 22. An act to prevent the clandestine transportation or carrying of persons in debt, servants or slaves, out of this colony. c. 38. An act directing the trial of slaves committing capital crimes, and for the more effectual punishing conspiracies and insurrections of them, and for the better government of negroes, mulattoes, and Indians, bond or free. § 1-10. Punishment for certain crimes, like 1723, c. 4. 11. Excludes the testimony of negroes, &c., slave or free, except on trial of slaves for capital offences. 12. Admits testimony of free negro, &c., being a Christian, against or between other negroes, &c. 13-16. Of unlawful meetings of slaves. 17. Punishment of

18, 19. Arms

slaves for being found abroad without leave. and ammunition not allowed to negroes, &c., except those on the frontier, having a license. 20. Negro lifting his hand against a white person shall receive thirty lashes. 21. Against outlying slaves. 22. Their value, if killed in the attempt to seize them as such, to be paid by the public. 23, 24, 25. Respecting homicide of slaves, dismembering of disorderly slaves, as in 1723, c. 4, s. 18, 19. 26. Slaves freed without legal license may be sold by the churchwardens.-5 Hen. 432, 547; 6 Hen. 40, 104.

1753, c. 7. An act for the better government of servants and slaves. Most of the acts of 1748, having been repealed by the king, 1752, this is substantially a re-enactment of 1748, c. 14, which had been so repealed-see 6 Hen. 215.

1757, c. 3. Respecting the militia, as to enlisted free negroes, the same as in 1723, c. 2.-17 Hen. 93.

1765, c. 24. An act to prevent the practice of selling persons as slaves that are not so, &c.-8 Hen. 133.

c. 25. An act to amend the act for the better government of servants and slaves (1753, c. 7): in respect to runaways. c. 26. An act to amend the act (1748, c. 38) which for the trial of slaves required the issue of a special commission :Sec. 1, provides for issuing commissions of oyer and terminer, directed to the justices of each county respectively, empowering them from time to time to try, condemn and execute, or otherwise punish or acquit, all slaves committing capital crimes within their county; and when any commission for constituting justices of the peace shall hereafter issue, a general commission of oyer and terminer for the purposes aforesaid shall be sent therewith, &c. 2. Court how convened, &c., "without the solemnity of a jury," &c. Another sec. allows benefit of clergy where a slave is convicted of manslaughter for killing a slave.—8 Hen. 133, 135, 137.

1769, c. 19. An act to amend the act, &c., (the same act of 1748, c. 38.) Sec. 1, reciting that by the act "the county courts within this dominion are impowered to punish outlying slaves who cannot be reclaimed, which punishment is often disproportioned to the offence and contrary to the principles of humanity. Be it, &c., that it shall not be lawful for any county court to order and direct castration of any slave, except such slave shall be convicted of an attempt to ravish a white woman, in which case they may inflict such punishment.”

The remaining sections relate to runaway slaves.

c. 37. An act for exempting free negro, mulatto, and Indian women from the payment of levies—referring to previous statutes declaring such persons tithable, and chargeable with public, &c., levies, "which is found very burdensome to such negroes, mulattoes, and Indians, and is moreover derogatory to the rights of freeborn subjects"-enacts that "all free negro, mulatto and Indian women, and all wives, other than slaves, of free negroes, mulattoes and Indians," shall be exempted.-8 Hen. 358, 393.

1772,1 c. 9. An act for amending the acts concerning the

As an expression of the sense of the people of Virginia, at this time, on the subject of slavery: see Petition of the House of Burgesses, April 1, 1772, addressed to