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OXFORD READERS

SlaveryEdited by Starl.y Engerman,Seymour Drescher, and Robert Paquette

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Gontents

I

2

Introduction

l. Meanin$

Introduction

3456

78

9IO

I I

12

13

r4r5r617

I8

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20

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Excerpts from tARTSTOTLS, POIi

ARTSTOTLT, NiC

crcERo, De Ofit

JEAN BODTN, s i )

THOMAS HOBBE

BARON DE MON:

FRANQOIS VOLT,

DENIS DIDEROT,

THOMAS JEFFER

IMMANUEL KAN'

FRIEDRICH NIET

JEROME BLUM, L

DAVID BRION DI

EUGENE D. GEN(

MOSES I . FINLEY

RICHARD HELLI]

PIERRE BONNASI

PAUL FREEDMAI\

DAVID A. E. PEL:

IGOR KOPYTOFF

JOHN THORNTO

ll. The Ori$ins a

Introduction

Excerpts from tST AUGUSTINE, '

BISHOP RATHER

JAMES BOSWELL

H. J. NIEBOER, s

WINTHROP D. T(

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24

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,.:;;;

JAN {} 6 EI{T'N

)s AcT ro5

42. If their masters, against whom they petition, testifiT about those slavesthat those slaves of theirs are petitioning against them falsely, that they didnot evict them from their houses: give back those slaves to those masters oftheirs. Order those masters of theirs to feed them in times of famine, not tostarve them with hunger. Moreover, rhey shail nor commit any bad deedagainst them because they peritioned against rhem.

43. If someone in a time of famine gives himself and his wife, or his son ora daughter, to someone as a slave in exchange for food; and he gives a note onhimseif to that effect; or he writes down borrowed money in the note onhimself and on his children: on the basis of that note they shail live with that

Person to whom they gave themselves as slaves until that time when th.yhave redeemed themseives or worked offl-the debtl.

[From A]eksei Mikhailovich, The Muscovite Law Code (Utozhmie) of fi4g: Text and

Trattslation, ed. Richard Heilie (Irrine: C. Schiacks, 1988), Vz-+.)

EBarbados Aet 1661

An adfor tltebetter ordrfng and gwrrrrtng of Negroes

Wltsreas heretofore many good Laws and ordinances have been made for rhegoverning, regulating and ordering the Negroes, S1aves in this Isle, and sun-dty punishments appointed to many their misdemeanour, crimes, andoffences which yet not met the effect hath been desired and mighr have beenreasonably expected had the Master of Families and other the Inhabirants ofthis Isle been so careful of their obedience and compliance with the said Lawsas they ought to have been. And these former Laws being in many clausesimperfect and not fully comprehending the true consdrution of rhis Gov-ernment in relation of their Slaves their Negroes an heathenish brutish andan uncertain dangerous pride of people to whom if surely in any thing wemay extend the legislative power given us of punishionary Laws for rhebenefit and good of rhis plantation, not being contradicrory co rhe Laws ofEngland, ,h.t. being in a]l the U"$fo{$gl-1ll .q Ig* rg ryi_4g g:_yltere rowalk nor any rule set ffifi6w ro gd;;ffi si*.i, y.r *i *.ii G"* by rhenlht ?iile

"oi'iason'iiid ofri",'-*e-"Fnoi-i"ft*; rhem ro the Arbiirary

cruel, and outrageous wills of every evil disposed person, but so far ro prorecrthem as we do many orher goods and Chattels, and also somewhat f'urther as- - - - - -___- : - - - - -

-e -

6r1ggrryl_uen rhough without the knowiedge "1q"g$jlorld,

wehave therefore rion oi rhe premiseschought good to renew and revive whatsoever we have found necessary anduseful in the former Laws of chis Isle concerning the ordenng and governing

rc6 SLAVE LAws

of Negroes and to add thereunto such further Laws and ordinances as at thistime we think absolute needful for the public safety and may prove to thefuture behoveful to the peace and utfiqy of this Isle by this Act repealing and

dissolving all other former Laws made concerning the said Negroes and for

the time to come.

CLAUSE I :

Be it enacted published and declared and it is by the President, Council, andAssembly of this Isle and by authoriry of the same enacted, ordained, andpublished tha!.Iro Master, Mistress, Commander, or Overseer of any familywithin this Island shall give their Negroes leave on Sabbath days, Holy days orat any other time to g Negroes asusuaily wait upon them at home arid abroad, and them with a ticket underhis Master, Mistress, Commander, or Overseers' hand, the said Ticket speciff-ing the rime of his or her coming from the plantation and the time allowedfor his or her return, and no other Negroes except upon necessary business,and then to send a Christian or Negroes' Overseer along with them with aTicket as aforesajd upon forfeiting for every Negro so limited to go abroad

5oo pounds of Muscavado sugar, haH the said five to the lnformer and cheother half to the public Treasury; And if any Master, Mistress, Commanderor Overseer of any piantacion shall find any Negro or Negroes at any time intheir piantation with out a Ti&et and business from his said Master and notapprehend them or endeavour so to do, and having apprehended them andshall not pr:rrish them by a moderate whipping, shdl forfeit 5oo pounds of thelike sugar to be disposed of as aforesaid, the said penaify to be recoveredbefore some Justice of the Peace of that precinct where such default shall bemade, who is hereby authorised upon Complainr made ro examine uponoath to hear and determine the same and by Warrant under his hand directedto the Constabie to cause such penalty to be leyied as in case of setvantswages is appointed.

C L A U S E 2 :

It is further enacted, ordained, and published rhat if any Negro man orwoman shall offer any Violence to any Christian as by srriking or che like, theNegro shall for his and their first offence, by informacion given to the next

Justice of che Peace, be severeiy whipped by che Constable by order of rhesaidJustice, for the serious offence of that narure by order of rhe saidJusciceof Peace he shall be severely whipped, his nose slit and be burned in face andfor his third offence he shall receive by order of the Governor and Councilsuch greacer Corporal punishment as chey shall think meer to inflict, provid-ing always that such striking or conflict be not in the Lavrfi:I defence of rheirMaster, Mistress or owner of rheir families, or of rheir goods.

)os AcT ro7

CLAUSE 3 :And it is hneby further enacted that the Negroes shall have dothes to covertheir nakedness once every year (that is to say) drawers and caps for men andpetticoats for women; And whereas the inhabitants of the Isles have muchsuffered by the running away of rhe Negroes and by rhe keeping suchRunaways or fugitive Negroes by several persons in their plantations.

CLAUSE 4 :It is Ltereby enacted, published, and dedared by the authoriry aforesaid rhat allpersons that are now possessed of any fugitive or Runaway Negroes dowirhin six days after publication of this Act in the parish Church btitrg themin, and to their proper owners or into the custody of the Provost Marshall forthe time being or his appointed depury at the Town of St Michael's upon painof paying of ten thousand pounds of good merchantable Muscavado sugarfor damage unco the owner, to be by the said owner recovered in the Courtof Common Pleas for the precinct where such Trespasser liveth by action ofdebt or information in which no essoin, protection, injuncrion, or wager ofLaw shall be permitted and allowed. And if any Christian Servant so pos-sessed of any such Negro or Negroes not acquainting his Master thereof doneglect or fail to bring them before the time limited as is before enjoined, thesaid Servant shall immediately upon Conviction thereof receive nine andthtrty lashes upon his naked back by order of the nenJustice of the Peace rosome Constable or the Common Execudoner and after Execution of his rimeof service shail serye the owner of the said Negro the fulI cerm and space ofseven years and a Record thereof by the said justice before such examinarion,shail be had.

CLAUSE 5 :Andfurther it is enacted by the authoriqy aforesaid thar all overseers of planr-ations do rrrice every week search their Negro houses for Runaway Negroesand what overseer shall neglect to do the same shall forfeit roo pounds ofsugar for every default, the one half to the informer rhe orher haif ro thepublic use.

CLAUSE 6 :

And be it further enacted by the authoriry aforesaid rhat whosoever hereaftershail take up any Runaway Negro shall [sic] person shall with forry eighthours after bt*g the said Runaway to his proper owner or to the ProvostMarshall or his deputy upon pain of forfeidng for every day rhey shall keepsuch Negro or Negroes beyond the said forry-eight hours and thereof beconvicted by Confession or Verdict the sum or quanriry of one rhousandpounds of merchantable Muscavado sugar, to be levied by rhe Provost

IO8 SLAVE LAWS

Marshall or his depucy by order of the Governor for the time being, upon the

person so neglecting to brittg the said Runaway upon his Lands, goods, or

Chattels, the one half thereof to the owner of the said Negro, and the other

to him or them chat shall inform, the same out of which che said Marshail's

fee shail be deducted. And if the said person or persons informing be Servant

or Servants to the parqF so delivering the said Negro that the said person orpersons so informing shali be from thenceforth absoluteiy free and clear fromhis service any Indenrure or Contract to the contrary norwithstanding.

CLAUSE 7 :

And.itis further enacted by the authoriry aforesaid that all persons which shallhereafter take up any Runaway or fugitive Negro, and shall so bring them tothe Provost Marshall or his depuqy shdl receive one hundred pounds ofMuscavado sugar, or a note for so much that the person may dispose of hisown sugar immediately upon the delivery of them from the Tleasurer for thetime being, who is hereby required to pay the same. And in case he shallrefuse to make the said payment upon the presenrrnent of the said Negro,and thereof oath be made before any one Justice of the peace the said Justiceis hereby authorised and required to direct his

'Warrant to any Constable to

cause the value thereof to be levied out of the goods of the said Tieasurer,and the said Goods to be dejivered to the said party.

t . . .1

CLAUSE I I :

And it u furtlter enacted and ordained by the authoriqy aforesaid that everyoverseer of a family in chis Isie shall cause all his Negro houses to be searchedditigendy and effecnr"lly once every fourteen days for dubs, wooden swords,or other mischievous \Meapons and firtding any to take them away and causethem to be burned. As also for Clothes, goods, or any other rhirg or Com-modities particularly suspected flesh that is not given them by their Master,Mistress, Commander, or Overseer and honestly come by, in whose custodythey find anything of that kind, and suspected or known to be stolen goods,the same for to seize and to take into their custody and within six days aftertheir discover thereof, to send a Certificate to the Clerk of che Parish for thecime being, who is hereby required to receive che same and to enter upon itthe day of its receipt and the particulars to file and keep to himself but to setupon the porch of the Church door a short breviate of such lost goods may thebetter come to che knowledge where it is by funrre enquiry of the Clerkwho isnot to show the particulars uncil che Enquirer of stolen goods shall first dedarewhat he hath lost and the Marks and descripcion thereof and paid rweive pencefor the same by which if che said Clerk shall be convinced that any parr of thegoods Certified unco him to be found appiying to the parqf enquiring he is co

BARBADOS ACT rog

direct the said parqy enquiring to the place and person where the goods be,who is hereby required co make restirution of what is in being to rhe rrueowner, upon the penalqy of the forfeirure of zooo pounds of Muscavado sugarfor every neglect by the overseer or Clerk aforesaid in any of the particulars robe levied upon the goods or Chattels for the breach of either of those mro lastClauses in breach by precept or Warrant from the Judge or Justice beforewhom such conviction shall be had, the one haif of the five aforesaid ro go rothe public Treasury rhe other half to the person shall inform.

And that all Negroes likewise may receive encouragement to take fugidvesand Runaway Negroes.

CLAUSE 12:

It is fmher ordained and enacted. by che authoriry aforesaid that wharsoeverNegro shall at any uime of his accord take up any Runaway Negro that havebeen out above tvrelve Months shail have for his doing five hundred poundsof sugar to be paid by the owner if he will redeem him within one monthduring which time the Master of the Negro that rook up zuch Runaway hath

Power to keep for the purpose aforesaid. But if che owner of rhe said Run-away Negro will not nor dorh not receive him within the said time then theMaster in whose custody he is hath hereby power co sell rhe aforesaid fugitiveor Runaway Negro and to take five hundred pounds of sugar to himseH forhis Negro and the rest renrrn co the Master of the Negro so taken up. Andwhosoever shall deprive or deceive any Negro that hath so raken up anyfugitive of the bone [boon] or reward given him by this Law for so doing shallforfeit three thousand pounds of Muscavado sugar one rhird to the Counrryone third co the informer and one third co the Negro wronged which gift andforfeinrre shall be justly employed by the Master of the Negro in Clothes forthe said Negro to wear with a Badge of a Red cross on his righc Arm wherebyhe may be known and cherished by

"11good people for his good service co the

Country the aforesaid fine co be recovered by him thar shall sue for ir in anyCourt of Record by Action of Debt or information in which no essoin,protection, injuncrion, or wager of Law shall be admicted or allowed.

And whereas diverse evil disposed persons have heretofore affempred to stealaway Negroes by spurious pretences of promising them freedom in anorherCountry against which pintous pracdce no punishmenc suirabie harh beenyet provided.

C L A U S E 1 3 :

Be it rherefore enacted and ordained by the authoriry aforesaid char whosoevershall direcdy or indirectly at any time hereafter publication hereof rempr or

I IO SLAVE LAWS

persuade any Negro to leave their Master or Misress' seryice to whom they

are Slaves, out of intent and design to carry away any of them out of the Isle

or whosoever do defraud their Master of them and be thereof convicted by

their own Confession or the oaths of nvo credible Witnesses or by the Con-

fession of such Negro or Negroes with reasonabie Circumstances concurringshall be by the Governor of this isle for the trme being or by any Judge of

Record or any rwo Justices of the peace adjudged to pay the said Master ofthe said Negro or Negroes five thousand pounds of Muscavado sugar by

precept or Warrant'from the aforesaid Governor, Judge, or Justice before

whorn the Conviction is made to be levied upon the lands, goods or Chanelsof the person so offendingby such Constable to whom the aforesaid Warrant

shall be directed and delivered to the parry grieved by way of damage and the

Surplusage (if any be) shall be renrrled to the owner. And in case the partyoffending shall not be found worth Lands, goods or Chamel to the valueaforesaid then shall the Governor,Judge orJustice adjudge him Servant to theparqf Injured Seven years and so deliver him over to him and make Recordthereof. But if any Man shall so tempt and praccice any persons Negroes andthem so acnraily tempted convey carry and send off of the Isle and be afterapprehended in the Isle for the same he shall by the Governor and Councii forthe time being condemned to pay the owners of such Negroes three cimesthe value of them in sugar and Execution for the same from the Governor coissue accordingiy rurto the Provost Marshall or his deputy.

And whsreas many heinous and grievous Crimes, Murder and Burglaries androbbing in che highway, burning ofhouses and canes be many times Commit-ted by Negroes wtrich offenders for danger of escape are not long to beimprisoned and being brutish Slaves deserve not for the baseness of theirConditions co be tried by the legal trial of cwelve Men of cheir appears orNeighbourhood which truly neither can be righdy done as the Subjects ofEngland are nor is Execucion to be delayed towards them in case of suchhorrid Crimes Committed.

a at tL '

. J

C L A U S E r 7 :

Andit is further enacted, ordained and pubiished by the president, Council andAssembly and by authoriry aforesaid that if any Negro shall make Insurrec-tion or rise in rebellion against the place or people or make preparation ofArms, powder or offensive Weapons or hold any Council or conspiracy forraising Mutinies or rebellion in the Isie as hach been formerly attempred, tharthen for the speedy remedy thereof the Governor of che Isle or the superiorofficer for the time being appoint a Colonel and the field officers of rheRegimenc of the Island or any four of chem to meet in Councii and proceedby Martial Law against the Actors, Conrrivers, raisers, fomencers and

BARBADOS ACT I I I

Conceaiers of such Mutiny or rebellion and them punish by death or otherpain as their Crimes shall deserve. And as the aforesaid Coionei or fieldoffi.cers or any four of them shail seem fit.

And that no Master, Mistress or Commander of a family should be frightedby fear of loss to search into and discover their own Negroes so evrllyintended.

CLAUSE I8 :

It is furtlter enacted and ordained that the loss of Negroes so execlrted shallbe born by the public and when the present Treasury is not sufficient tosatisfy the loss, a public LeIf to be presently made upon the tnhabitants forreparation of the srune.

And whereas diverse Negroes are and long since have been Runaway intoWoods and other fastness of the Isle do continually much mischief to severalthe lnhabitants of this Island hidirg themselves sometimes in one place andsometimes in another so chat with much difficuitv they are to be found unlessby some sudden surprise.

CLAUSE rg :

Be it therefore ordained and enacted and it is hereby ordained and enacted thatfrom and after publicadon hereofit shall, and may be lavrfirl for anyJustice ofthe peace, Constabie or Captain of a Company within this Isie that shali havenocice of the residence or hiding-place of any Runaway Negro, fugitive andoutlaws to raise any Number of Men not exceeding rrnrenry, to apprehend ortake them either alive or dead. And for every Negro which they shall takealive being Runaway from the said Master above six Months they shall receivefive hundred pounds of sugar. And for every Negro which hath been Run-away above [blank in text] Months one thousand pounds of sugar from theowner, Master, or Commander of the said Negro if killed they shall receivefive hundred pounds of Muscavado sugar from the pubiic any Act or Stanrteheretofore to the contrary in any wise norwithstanding.

C L A U S E 2 0 :

And it is further enacted and ordained by the authoriry aforesaid that if anyNegro under purushmenr of his Master or his Order for running a'way or anyother Crimes or misdemeanour towards his said Master shall suffer in life orin Member, no person whatsoever shall be accomptable to any Law therefore,But if any Man whatsoever shall of wantonness or only mindedness and cruelincendon wilfully kill any Negro of his own, he shall pay unto the publicTreasury three thousand of Muscavado sugar, but if he shall kill another

man's he shall pay unto the owner of the Negro double the value and intothe public Treasure five thousand pounds of Muscavado sugar. And he shallfurther by the next Justice of the peace be bound to the good behaviourduring the pleasure of the Governor and Council and not to be liable to anyother punishment or forfeirure for the same, neither is he who kills anocherman's Negro by accident liable to any other penaiqy but the owner's Action arLaw. But if any poor smali freeholder or other person kill a Negro by nightout of the Common path and stealing the provision, swine, or other goods heshall not be accomptable for it, any Law, Stanrte or ordinance to the contrarynorwithstanding.

And to the intent it may be certainly known what Negroes are out inrebellion to their Masters to the public peace.

CLAUSE 2I:

It is by the authoriqy aforesaid enacted and ordained that aIl owners ofNegroes within this Isle do within ten days after publication hereof send anaccount to the Secretary for the time being in writing what Negroes he hathfled and Runaway and of the time they have been gone, and so for the time tocome within ten days after any Negro shall absent himself from his serviceunder penalry of paying of one rhousand pounds of Muscavado sugarwhereof the one half to be to the Informer, the other to the pubiic Treasuryto be recovered by trim that shall sue for it in any Court of Record by Actionof debt of information in which no essoin, protection, Injr:nction or wager ofLaw shali be permimed or allowed.

And because the Negroes of this Isle in these late years past are very muchincreased and grown to such a great number as cannot be safeiy or easilygoverned unless we have a considerable number of Christians to balance andequal their Srrength and the richest Men in the Island looking for the presentprofit, stock themselves oniy with almost all Negroes neglecting ChristiansServants and so consequendy their own and public safery.

CLAUSE 22:

Be it therefore enacted and ordained by the President, Council and Assemblyand it is enacted and ordained by the authoriry of the same, that withinnvelve Months after publication hereof every freeholder provide himseif ofone Christian Servant for every rwenry Acres of Land that he enjoys orpossesses. And from the said rwelve Months forward that every freeholderpossessed of thirty Acres of land or more keep no less than one Man Servantfor rwenry Acres of Land he is Maste! owner or occupier.of, upon thepenalry of forfeiting three thousand pounds of Muscavado sugar, one

coDE NO|R rr3

thousand to be to the Informer, one thousand to the Governor or Superior

officer of this Island for the time being, and one thousand pounds to the

Church wardens and overseers of the poor for rhe use of such poor where

and in what parish such default is made, to be recovered against the refusing

or neglecting obedience therein in any Court of Record by the paffy which

shail sue for it and the fine to be new laid upon every person every three

Months that he Continue his connrmacy or refuse or neglect to perform

obedience hereunto, Provided that in case Christian Servants cannot possibly

be goaen that then those that want the proportion of this Act named

to supply themselves with the like number of hired Men which are to be

hired for six months at least that then they be not liable to the aforesaid

forfeinrre;

Lastly to the intent of this Act and every Clause and, branch thereof mayreceive fuII Execution and no person plead Ignorance therein;

CLAUSE 23

It, is ordained and enacted by the authoriry aforesaid that this Act be read andpublished in all the reqpective parish Churches in this Isle the first Sunday inFebruary and the first Sunday in August every year ensuing che date and firstpubiication hereof, Given under my hand, September z.7tht66r

Signed: Humphrey Walrond

[From 'An Act for rhe Bener Ordering and Governing of Negroes', Barbados t66t

(Public Record Office, Kew, CO 3o/z/rilz6),25-8,321.f

I3

Gode lVor:r (1685) in Louisiana

lln rTzal Louis [XV], By Grace of God, Kiog of France and Navarre: . . . TheDirectors of the Company of the Indies having shown us that the Provinceand Colony of Louisiana is well established by a great number of our subjectswho use Negro Slaves for the cultivation of the soil; we have decided . . . toestablish law and certain rules to uphold the discipline of the Catholic, Apos-tolic and Roman Church; and in order to regulate that which reiates to thecondition of Slaves in the said islands. . . . For these and other causes whichprompc us, and on the advice of our Council, and by our knowledge, powerand Royal Authorirf we have said, decreed and ordained and desire wharfollows: