In "An act to repeale a former law makeing Indians and others ffree,"
passed by the General
Assembly in the session of November 1682, Virginia's colonial government attempts to clarify the
definitions of indentured
servants and slaves.
WHEREAS by the 12 act of assembly
held att James Citty the 3d day of October, Anno Domini 1670, entituled an act
declareing who shall be slaves, it is enacted that all
servants not being christians, being imported into this country by shipping shall be
slaves, but what shall come by land shall serve if boyes and girls untill thirty
yeares of age, if men or women, twelve yeares and noe longer; and for as much as many
negroes, moores, mollatoes and others borne of and in heathenish, idollatrous, pagan
and mahometan parentage and country have heretofore, and hereafter may be purchased,
procured, or otherwise obteigned as slaves of, from or out of such their heathenish
country by some well disposed christian, who after such their obteining and
purchaseing such negroe, moor, or molatto as their slave out of a pious zeale, have
wrought the conversion of such slave to the christian faith, which by the laws of
this country doth not manumitt them or make them free, and afterwards
— page 491 —
such their conversion, it hath and may often
happen that such 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 then 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, 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,
and shall be adjudged, deemed and taken to be slaves to all intents
— page 492 —
and purposes, any law, usage or custome to
the contrary notwithstanding.
