At the Court at WHITEHALL,
This 26th day of March 1686. Present, The Kings most Excellent Majesty. • His Royal Highness Prince George of Denmark , • Lord Chancellor , • Lord Treasurer , • Lord President , • Lord Chamberlain , • Earl of Huntingdon , • Earl of Bridgwater , • Earl of Peterborough , • Earl of Craven , • Earl of Berkeley , • Earl of Plymouth , • Earl of Morray , • Earl of Middleton , • Lord Viscount Fauconberg , • Lord Viscount Preston , • Lord Viscount Melfort , • Lord Bishop of Durham , • Lord Dartmouth , • Lord Godolphin , • Mr. Chancellor of the Exchequer ,
and • Mr. Chancellor of the Dutchy.
WHereas it has been Represented to His Majesty, That by reason of the frequent Abuses of a lewd sort of People, called Spirits, in Seducing many of His Majesties Subjects to go on Shipboard, where they have been seized, and carried by force to His Majesties Plantations in America; and that many idle Persons who have Listed themselves Voluntarily to be Transported thither, and have received Money upon their Entring into Service for that purpose, have afterwards pretended they were betrayed, and carried away against their Wills, and procured their Friends to Prosecute the Merchants who Transported them, or in whose Service they are, by Indictments, or Informations in the Crown Office in His Majesties Name, which is a great Discouragement to them, and an Hindrance to the Management of the Trade of the said Plantations, and Navigation of this Kingdom; And several Merchants and Planters having made humble Applications to His Majesty, That he would be Graciously pleased to Direct such Methods for their Retaining of Servants to Serve in His Majesties Plantations, as in His Royal Wisdom he should think meet, whereby His Majesty may be so satisfied of their Fair Dealing, as to take off all Prosecutions against them at His Majesties Suit; And also that the Scandal that now lies upon them in general, by reason of such Evil-disposed persons, may not remain upon such as shall for the future follow such Methods as His Majesty shall think fit to be pursued.
His Majesty taking into His Royal Consideration the said Request, is Graciously pleased to Declare, That such [...]hants, Factors, Masters of Ships, or other Persons that shall use the Method hereafter following, in the Hirin [...] of Servants for His Majesties Plantations, shall not be Disquieted by any Suit on His Majesties behalf, but upon Certificate thereof, that He will cause all such Suits to be stopped, to the end they may receive no further Molestation thereby.
I. Such Servants as are to be taken by Indenture, to be Executed by the Servant, in the presence of the Magistrate, or Magistrates hereafter appointed; One part thereof Signed by such Servant, and also Vnderwritten, or Endorsed with the Name and Hand-writing of such Magistrate, which is to remain with the Clerk of the Peace, to be Returned to the next Sessions, there to be Filed upon a distinct File, and Numbred, and kept with the Records.
II. The Clerk of the Peace is to keep a Fair Book, wherein the Name of the Person so Bound, and the Magistrates Name before whom the same was done, and the time and place of doing thereof, and the Number of the File shall be Entred: And for the more easie finding the same, the Entries are to be made Alphabetically, according to the first Letter of the Sirname.
III. All Persons above the Age of One and twenty years, or who shall, upon View and Examination, appear to be so in the Iudgment of the Magistrate, may be Bound in the presence of One Iustice of the Peace, or of the Mayor, or Chief Magistrate of the Place where they shall go on Shipboard; who is to be fully satisfied from him, of his free and voluntary Agreement, to enter into the said Service.
IV. If any Person be under the Age of One and Twenty years, or shall appear so to be, he shall be Bound in the presence of the Lord Mayor of London, or One of the Iudges, or an Alderman of London, being a Iustice of Peace, or the Recorder, or Two Iustices of the Peace of any other County, or Place, who shall carefully Examine whether the Person so to be Bound, have any Parents, or Masters; And if he be not Free, they are not to take such Indenture, unless the Parents, or Masters give their Consents, and some Person that knows the said Servant to be of the Name, and Addition mentioned in the Indenture, is to Attest his said knowledge upon the said Indenture.
V. If the Person be under the Age of Fourteen years, unless his Parents shall be present, and Consent, he is not to be carried on Shipboard, till a Fortnight at least, after he becomes Bound, to the intent that if there be any Abuse, it may be discovered before he be Transported. And where his Parents do not appear before the Magistrate, Notice is to be sent to them; or where they cannot be found, to the Church-Wardens, or Overseers of the Parish where he was last Settled, in such manner as the said Magistrates shall think fit, and Direct.
And because Clerks of the Peace may conceive this not to be any part of the Duty of their Office, and may therefore exact unreasonable Rewards for their trouble and pains therein, His Majesty doth Declare, That if any Merchants, or other Persons shall be aggrieved thereby, and upon Complaint to the Iustices cannot obtain Relief, His Majesty will take such further care for their ease herein, as in His Royal Wisdom He shall think méet.
And His Majesties further Pleasure is, That this Order be Printed and Published, to the end all Persons whom it may concern, may take Notice thereof, and govern themselves accordingly.