Virginia Slave Codes

• Posted by J W August 16, 2014 - Filed in Racial Education - 3,424 views

  Virginia Slave Codes
  Excerpts taken from William W. Henning, The Statutes at Large; Being a Collection of
  all the Laws of Virginia, v.2 (1823). Some of the language has been modernized.
  Document A: March 1661/62. Act CII: Run-aways.
  Whereas there are diverse loitering runaways in this country who very often
  absent themselves from their masters service and sometimes in a long time cannot be
  found, that loss of the time and the charge in the seeking them often exceeding the
  value of their labor: Bee it therefore enacted that all runaways that shall absent
  themselves from their said masters service, shall be liable to make satisfaction by
  service after the times by custom or indenture is expired double their times of service so
  neglected, and if the time of their running away was in the crop or the charge of
  recovering them extraordinary the court shall limit a longer time of service proportional
  to the damage the master shall make appear he hath sustained...; and in case any
  English servant shall run away in company of any negroes who are incapable of making
  satisfaction by addition of a time, it is enacted that the English so running away in the
  company with them shall at the time of service to their own masters expired, serve the
  masters of the said negroes for their absence so long as they should have done by this
  act if they had not been slaves, every Christian in company serving his proportion; and if
  the negroes be lost or dye in such time of their being run away, the Christian servants in
  company with them shall by proportion among them, either pay four thousand five
  hundred pounds of tobacco of tobacco and cask or four years service for every negroe so
  lost or dead.
  Document B: December, 1662. Act VI: Women servants got with child by
  their masters after their time expired to be sold by the Churchwardens for two
  years for the good of the parish.
  Whereas by act of Assembly every woman servant having a bastard is to serve
  two years, and late experience show that some dissolute masters have gotten their
  maids with child, and yet claim the benefit of their service, and on the contrary if a
  woman got with child by her master should be freed from that service it might probably
  induce such loose persons to lay all their bastards to their masters; it is therefore
  thought fit and accordingly enacted and be it enacted henceforward that each woman
  servant got with child by her master shall after her time by indenture or custom is
  expired be by the churchwardens of the parish where she lived when she was brought to
  bed of such a bastard, sold for two years, and the tobacco to be employed by the vestry
  for the use of the parish.Document C: December, 1662. Act XII: Negro women’s children to serve
  according to the condition of the mother.
  Whereas some doubts have arisen whether children got by any Englishman upon a
  negro woman should be slave or free, Be it therefore enacted and declared by this
  present grand assembly, that all children borne in this country shall be held bond or free
  only according to the condition of the mother, And that if any Christian shall commit
  fornication with a negro man or woman, he or she so offending shall pay double the fines
  imposed by the former act.
  Document D: September, 1667. Act III: An act declaring that baptism of
  slaves doth not exempt them from bondage.
  Whereas some doubts have risen whether children that are slaves by birth, and by
  the charity and piety of their owners made pertakers of the blessed sacrament of
  baptism, should by virtue of their baptism be made free; It is enacted and declared by
  this grand assembly, and the authority thereof, that the conferring of baptism doth not
  alter the condition of the person as to his bondage or freedom; that diverse masters,
  freed from this doubt, may more carefully endeavour the propagation of Christianity by
  permitting children, though slaves, or those of greater growth if capable to be admitted
  to the sacrament.
  Document E: October, 1669. Act I: An act about the casual killing of slaves.
  Whereas the only law in force for the punishment of refractory servants resisting
  their master, mistress or overseer cannot be inflicted upon negroes, nor the obstinacy of
  many of them by other than violent means suppressed, Be it enacted and declared by
  this grand assembly, if any slave resist his master (or others by his masters order
  correcting him) and by the extremity of the correction should chance to die, that his
  death shall not be considered a felony, but the master (or that other person appointed
  by the master to punish him) be acquit from molestation, since it cannot be presumed
  that malice existed(which alone makes murder a felony) [or that anything] should induce
  any man to destroy his own estate.
  Document F: June, 1680. Act X: An act for preventing Negroes
  Insurrections.
  Whereas the frequent meeting of considerable numbers of negroe slaves under
  pretence of feasts and burials is judged of dangerous consequence; for prevention
  whereof for the future, Bee it enacted by the kings most excellent majesty and with the
  consent of the general assembly ... that from and after the publication of this law, it shall
  not be lawful for any negroe or other slave to carry or arm himself with any club, staff,
  gun, sword or any other weapon of defense or offence, nor to go or depart from of his
  masters ground without a certificate from his master, mistress, or overseer, and such
  permission not to be granted but upon particular and necessary occasions; and every
  negroe or slave so offending not having a certificate as aforesaid shall be sent to the
  next constable, who is hereby enjoined and required to give the said negroe twenty
  lashes on his bare back well laid on, and so sent home to his said master, mistress or
  overseer. And it is further enacted by the authority aforesaid that if any negroe or other slave shall presume to lift up his hand in opposition against any Christian, shall for every
  such offence, upon due proof made thereof by the oath of the party before a magistrate,
  have and receive thirty lashes on his bare back well laid on.
  And it is hereby further enacted by the authority aforesaid that if any negroe or
  other slave shall absent himself from his masters service and lye hid and lurking in
  obscure places, committing injuries to the inhabitants, and shall resist any person or
  persons that shall by any lawful authority be employed to apprehend and take the said
  negroe, that then in case of such resistance, it shall be lawful for such person or persons
  to kill the said negroe or slave so lying out and resisting, and that this law be once every
  six months published at the respective county courts and parish churches within this
  colony.
  [By 1682 the law "hath not had its intended effect for want of due notice thereof being
  taken," so it was ordered read aloud in church twice a year, and masters were fined 200
  lbs tobacco if another master's slaves stayed on their plantation more than 4 hours
  without owner's permission.]
  Document G: April, 1691. Act XVI: An act for suppressing outlying slaves.
  Whereas many times negroes, mulattoes, and other slaves unlawfully absent
  themselves from their masters and mistresses service, and lie hid and lurk in obscure
  places killing hoggs and committing other injuries to the inhabitants of this dominion, for
  remedy whereof for the future, Be it enacted by their majesties lieutenant governour,
  council, and burgesses of this present general assembly, and the authority thereof, and
  it is hereby enacted, that in all such cases upon intelligence of any such negroes,
  mulattoes, or other slaves lying out, two of their majesties justices of the peace of that
  country...shall be empowered and commanded [to issue warrants to the sheriffs to
  summon as many men as he needs to arrest the runaways] and in case any negroes,
  mulattoes or other slave or slaves lying out as aforesaid shall resist, runaway, or refuse
  to deliver and surrender him or themselves ... in such cases it shall and may be lawful ...
  to kill and destroy such negroes, mulattoes, and other slave or slaves by gun or any
  other ways whatsoever. Provided that where any negroe or mulattoe slave shall be
  killed in pursuance of this act, the owner or owners of such negro or mulatto slave shall
  be paid for such negro or mulatto slave four thousand pounds of tobacco by the public.
  And for the prevention of that abominable mixture and spurious issue which
  hereafter may increase in this dominion, as well as by negroes, mulattoes, and Indians
  intermarrying with English, or other white women, as by their unlawful accompanying
  with one another, Be it enacted by the authority aforesaid, and it is hereby enacted, that
  for the time to come, whatsoever English or other white man or woman being free shall
  intermarry with a negroe, mulatto, or Indian man or woman bond or free shall within
  three months after such marriage be banished and removed from this dominion forever.
  And forasmuch as great inconveniences may happen to this country by the setting
  of negroes and mulattoes free, by their either entertaining negroe slaves from their
  masters service, or receiving stolen goods, or being grown old bring a charge upon the
  country; for prevention thereof, Be it enacted by the authority aforesaid, and it is hereby
  enacted, That no negro or mulattoe be after the end of this present session of assembly
  set free by any person or persons whatsoever, unless such person or persons, their
  heirs, executors or administrators pay for the transportation of such negro or negroes
  out of the country within six months after such setting them free, upon penalty of paying
  ten pounds sterling to the Church wardens of the parish where such person shall dwell with, which money, or so much thereof as shall be necessary, the said Church wardens
  are to cause the said negro or mulatto to be transported out of the country, and the
  remainder of the said money to employ to the use of the poor of the parish.
  Document H: October, 1705. Chap. XLIX: An act concerning servants and
  slaves.
  …And also be it enacted ... That all servants imported and brought into this
  country, by sea or land, who were not Christians in their native country, (except Turks
  and Moors in amity with her majesty, and others that can make due proof of their being
  free in England, or any other Christian country, before they were shipped, in order to
  transportation hither) shall be accounted and be slaves, and as such be here bought and
  sold notwithstanding a conversion to Christianity afterwards.
  …And also be it enacted … That all masters and owners of servants, shall find and
  provide for their servants, wholesome and competent diet, clothing, and lodging, by the
  discretion of the county court; and shall not, at any time, give immoderate correction;
  neither shall, at any time, whip a Christian white servant naked, without an order from a
  justice of the peace: And if any, notwithstanding this act, shall presume to whip a
  Christian white servant naked, without such order, the person so offending, shall forfeit
  and pay for the same, forty shillings sterling, to the party injured…
  And for a further Christian care and usage of all Christian servants, Be it also
  enacted … That no negros, mullatos, or Indians, although Christians, or Jews, Moors,
  Mahometans, or other infidels, shall, at any time, purchase any Christian servant, nor
  any other, except of their own complexion, or such as are declared slaves by this act:
  And if any negro, mulatto, or Indian, Jew, Moor, Mahometan, or other infidel, or such as
  are declared slaves by this act, shall, notwithstanding, purchase any Christian white
  servant, the said servant shall, ipso facto, become free and acquit from any service then
  due, and shall be so held, deemed, and taken.
  And for a further prevention of that abominable mixture and spurious issue, which
  hereafter may increase in this her majesty’s colony and dominion, as well as by English,
  and other white men and women intermarrying with negros and mulattos, as by their
  unlawful coition with them, Be it enacted … That whatsoever English, or other white man
  or woman, being free, shall intermarry with a negro or mulatto man or woman, bond or
  free, shall, by judgment of the county court, be committed to prison, and there remain,
  without bail; and shall forfeit and pay ten pounds current money of Virginia, to the use
  of the parish, as aforesaid.
  And be it further enacted, That no minister of the church of England, or other
  minister, or person whatsoever, within this colony and dominion, shall hereafter wittingly
  presume to marry a white man with a negro or mulatto woman; or to marry a white
  woman with a negro or mulatto man, upon pain of forfeiting and paying, for every such
  marriage the sum of ten thousand pounds of tobacco.

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