John Bunch

Source Mark Bunch

 

August 16th 1705

Present

His Excellency Edwd Nott Esqr &c

Edmund Jenings                                                  Robert Carter

Jn° Lightfoot                                                       James Blair Commissary

Dudley Diggs                                                      Philip Ludwell &

Benjn Harrison                                                     Wm Churchhill Esqrs

Robert Carter Esqr took ye Oath appointed by act of Parliament…

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The Petition of John Bunch and Sarah Slayden praying that the minister of Blissland Parish may be ordered to publish the Banns between the Petrs in order to their marriage, wch he hath hitherto refused on pretence of the sd Bunch's being a Mulatto, was read, and referred to Mr Attorney General to report his opinion whether the Petitioners case be within the intent of the Law to prevent Negros & White Persons intermarrying to ye next meeting of the Council.

The proceedings of the Council yesterday and this day was read over and approved.

Resolved

That a Council be held here on the fourth day of September next and that notice be given to ye Gentlemen of ye Council that are now absent, to give their attendance.

 

At a Council held at her Majesty's Royal Capitol

the 4th day of September 1705

Present

His Excellency Edwd Nott Esqr &c

Edmund Jenings                                                  Mr Commissary Blair

John Lightfoot                                                     Philip Ludwell

Dudley Diggs                                                      Henry Duke &

Benjn Harrison                                                   Wm Churchhill Esqrs

Robt Carter

Upon reading a Lettr from the Governor of Maryland…

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In obedience to an order of this Board dated the 16th of August last, Mr Attorney Genll reported his opinion on the Petition of Jno Bunch & Sarah Slayden as followeth

September ye 4th 1705

      Upon perusal of a Petition of John Bunch & Sarah Slayden to his “Excellcy Edwd Nott Esqr &c and upon perusal of an Act of Assembly of “this Colony entituled an Act for suppressing Outlying Slaves; I am of “opinion & do conceive that ye sd Act being Penal is Coercive or “restrictive no further then the very letter thereof, and being wholly “unacquainted with the Appellations given to ye issue of such mixtures, “cannot resolve whether the issue begotten on a White woman by a “Mulatto man can properly be called a Mulatto, that name as I conceive “being only appropriated to the Child of a Negro man begotten upon a “white woman, or by a white man upon a negro woman, and as I am told “the issue of a Mulatto by or upon a white Person has another name viz “that of, Mustee; wch if so, I conceive it wholly out of the Letter (tho it “may be conjectured to be within ye intent) of the sd act, The which (as “abovesd being Penal) is, as I conceive not to be construed beyond ye “letter thereof.

S. Thomson, A G

Upon consideration of which Report, and that the Petitionrs Case is matter of Law, It is therefore ordered that the Petition of the said Bunch and Slayden be referred till next General Court for Mr Attorney to argue the reasons of his opinion before his Excellcy and ye Council.

The Council adjourned till tomorrow morning 9 oclock.

 

 


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