If the bastard child to which the female servant gave birth was the offspring of a negro father, she was whipped unless the usual fine was paid, and immediately upon the expiration of her term, was sold by the wardens of the nearest church for a period of five years. One-third of the proceeds of the sale was turned over to the public treasury, one-third was paid to the informer, and the remainder reserved for the use of the parish in which the offence was committed.[1] The child was bound out until his or her thirtieth year had been reached. The heaviness of the penalty was in some measure to be attributed to the desire to inflict a certain degree of moral punishment, for, as will be seen when we come to the subject of the slave, all physical intimacy between whites and blacks, even under the sanction of marriage, was not only severely condemned, but also rigidly punished.
Secret marriages among the servants of the Colony seem to have been a common source of serious loss to masters, and steps were taken at an early period to prevent their occurrence. The penalty attached, in 1643, to this act was the prolongation of the term of the husband for twelve months, while the term of the wife was extended twice its original length, owing to the anticipated loss of valuable time in the event that she gave birth to a child.[2]
- ↑ Records of York County, vol. 1690-1694, p. 209, Va. State Library; Hening’s Statutes, vol. III, p. 87.
- ↑ Hening’s Statutes, vol. I, p. 253.
by him or them he shall be employed in for and during the aforesaid time; in consideration whereof the said Hodgson, for himself, his heirs, executors doe hereby covenant . . . to and with the aforesaid justices in behalf of the said Nicholas during his said time, to find and allow him meat, drink, washing, lodging and sufficient apparel, and at the end and expiration thereof to pay and deliver him or assigns two suits of apparell, one, kersey, the other, cotton; a canvas pair of drawers and two shirts, one canvas, the other lockram; and one felt and 3 basketts of good sound Indian corn. In witness whereof . . .” At the date of the indenture the child was two years and five months old.
