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PRIMARY DOCUMENT

“Concerning secret Marriages” (1658)

ORIGINAL IMAGES
Hening's Statutes at LargeHening's Statutes at Large
CONTEXT

In this law, “Concerning secret Marriages,” passed in its 1658 session, the General Assembly addressed the problem of indentured servants having children and marrying. For masters, this resulted in a loss of the women servants’ labor, for which the law attempted to provide compensation. The act revises one passed during the 1643 session. Some spelling has been modernized.

Author: General AssemblyTranscription Source: William Waller Hening, ed., The Statutes at Large; Being a Collection of All the Laws of Virginia from the First Session of the Legislature in the Year 1619 (New York: R. & W. & G. Bartow, 1823), 1:438–439.

FULL TEXT

— page 438 —
Hening's Statutes at Large

Hening’s Statutes at Large, Volume 1, Page 438

WHEREAS many greate abuses and much detriment have been found to arise both against the lawe of God and likewise to the service of many masters of ffamilies in the collonie, occasioned through secret marriages of servants, their masters and mistresses not any waies made privie thereunto, As also by comitting of ffornication; for the prevention of the like abuses hereafter, Be it enacted, and confirmed by this Grand Assembly that what servant soever hath since January, 1656, or hereafter shall secretly marrie with any maid or woman servant without the consent of her master or mistresse, (if she be a widowe) hee or they soe offending shall in the first place serve out his or their times with his or their master or mistresse, and after shall serve his or their master or mistresse one complete yeare more for such offence comited, And the maid or woman servant so marrying without consent as aforesaid shall for such her offence to her master or mistresse serve one year after her freedom by indenture, And a freeman so offending shall give satisfaction to the master or mistresse by doubling the valew of the service.

And it is also further enacted and confirmed by the authoritie of this Grand Assembly that if any mans’ servant shall hereafter comit the act of ffornication with any maid [text worn out]

appointed in like cases give satisfaction for the loss of her service to her said master or mistresse by his service of one compleat yeare, or pay fifteen hundred pounds of tobacco and give securitie to save harmeless the parish and her said master or mistresse, and defraye all charge of keeping the child, And a freeman so offending shall for his offence pay fifteen hundred pounds of tobacco or one year’s service to the master or mistresse of the woman or maid servant of whom hee

— page 43 —
Hening's Statutes at Large

Hening’s Statutes at Large, Volume 1, Page 439

shall gett a bastard, As also give securitie to save the parish and her said master and mistresse harmelesse & defray all charge about keeping the child, And the woman servant so offending to suffer according to lawe, Also be it enacted that every person comitting ffornication shall pay five hundred pounds of tobacco to the use of the parish where the said act is committed or be whipt.

FURTHER READING

“An Acte towching dyvers Orders for Artificers Laborers Servantes of Husbandrye and Apprentises” (1563) Laws Concerning Indentured Servants (1619) Law Regulating Indentured Servants (1642–1643) Law Regulating Marriage of Indentured Servants (1642–1643) Law Prohibiting Indentured Servants from Hiring Themselves Out (1642–1643) Irish Servants (1654) “Concerning Hireing of Servants” (1657–1658) “How long Servants without Indentures shall Serve” (1657–1658) “An Act for repealing an Act for Irish Servants” (1659) “Against ffornication” (1661–1662) “Women servants gott with child by their masters after their time expired to be sold by the Churchwardens for two yeares for the good of the parish” (1662) “Man Servants getting any bastard child to make satisfaction to the parish after their service ended” (1662) “Women servants whose common imployment is working in the ground to be accompted tythable” (1662) “An act for the more effectuall suppressing the severall sins and offences of swaring, cursing, profaineing Gods holy name, Sabbath abuseing, drunkenness, ffornication, and adultery” (1691) “An act for punishment of ffornication and seaverall other sins and offences” (1696)

CITE THIS ENTRY
APA Citation:
General Assembly. “Concerning secret Marriages” (1658). (2020, December 07). In Encyclopedia Virginia. https://encyclopediavirginia.org/entries/concerning-secret-marriages-1658.
MLA Citation:
General Assembly. "“Concerning secret Marriages” (1658)" Encyclopedia Virginia. Virginia Humanities, (07 Dec. 2020). Web. 04 Oct. 2023
Last updated: 2020, December 07
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