[46] In Henning, _Statutes_ I, p. 540, it is said: "That _if_ the said Dutch or other foreigners shall import any negroes, they the said Dutch or others shall, for the tobacco really produced by the sale of the said negro, pay only the impost of two shillings per hogshead, the like being paid by our own nation." [47] Henning, II, p. 26. [48] Russell, _The Free Negro in Va._, p. 20, note 13. [49] _Ibid._, pp. 23, 24; Hotten, _List of Immigrants to Am._, pp. 202, etc. The "_Lists of the Living and Dead in Virginia_, Feb. 16th, 1623," shows that there were twenty or more Negroes in the Colony; these Negroes are referred to as servants not slaves. _Col. Records of Va._, p. 37, etc. [50] "Captain Francis West, His Muster. ********** Servants ********** John Pedro, A Neger, aged 30, in the _Swan_, 1623." Va. Carolorum, p. 15. "Muster of Sir George Yeardley, Kt. ********** Servants ********** Thomas Barnett, 16, in the _Elsabeth_, 1620 Theophilus Bereston, in the _Treasuror_, 1614 Negro Men, 3. Negro Women, 5. Susan Hall, in the _William_ and _Thomas_, 1608" Ibid., p. 16. "Muster of Capt. William Tucker, Elizabeth City. ********** Servants ********** Antoney, Negro Isabell, Negro William, theire child, baptised" Ibid., p. 40; see a muster also on page 22. "On the 25 of January, 1624-5, a muster of Mr. Edward Bennett's servants at Wariscoyak was taken, and the number was twelve, two of whom were negroes." _Va. Carolorum_, 225 note. See also Brown, _The Genesis of Am._, II, 987. [51] _Virginia Carolorum_, pp. 33, 34; Ballagh, _Hist. of Slavery in Virginia_, p. 30. [52] Russell, _The Free Negro in Virginia_, pp. 24, 26, 32. [53] _Ibid._, pp. 26, 29. [54] _Ibid._, pp. 25, 26. [55] _Ibid._, pp. 22, 28, 34; Bruce, _Econ. Hist. of Virginia_, II, pp. 52, 53. NEGRO SERVITUDE AND ITS PRIORITY IN OTHER COLONIES Slavery received statutory recognition in the colony of Maryland in 1663, and in North Carolina in 1715. White servitude had long existed in these colonies, receiving statutory recognition in Maryland as early as 1637, and in North Carolina in 1665. Servitude, therefore, had ample time for local definition "before slavery entered upon either its customary or legal development."[1] Ballagh holds that in these colonies, also, Negro servitude historically preceded slavery.[2] In Maryland, particularly, along with Virginia and Massachusetts, the "circumstances surrounding the enactments defining slavery" indicate a natural transition from Negro servitude to slavery. Since servitude existed in these states, it seems probable, from analogy with conditions in other parts of the country, that the early Negroes in these colonies were servants.[3]