Transcription Source: William Waller Hening, ed., The Statutes at Large; Being a Collection of All the Laws of Virginia from the First Session of the Legislature, in the Year 1619 (New York: R. & W. & G. Bartow, 1823), 2:170. FULL TEXT — page 170 —
WHEREAS some doubts have arrisen whether children got by any Englishman upon a negro woman should be slave or ffree, Be it therefore enacted and declared by this present grand
assembly, that all children borne in this country shalbe held bond or free only according to the condition of the mother, And that if any christian shall committ ffornication with a negro man or woman, hee or shee soe offending shall pay double the ffines imposed by the former act. TIMELINE December 1662 The General Assembly passes "Negro womens children to serve according to the condition of the
mother," an attempt to better define the conditions by which people were enslaved or free. CITE THIS ENTRY APA Citation:General Assembly. “Negro womens children to serve according to the condition of the mother” (1662). (2021, August 17). In Encyclopedia Virginia. https://encyclopediavirginia.org/entries/negro-womens-children-to-serve-according-to-the-condition-of-the-mother-1662.MLA Citation:General Assembly. "“Negro womens
children to serve according to the condition of the mother” (1662)" Encyclopedia Virginia. Virginia Humanities, (17 Aug. 2021). Web. 29 Nov. 2022 journal article The Legal Status of the Slave in South Carolina, 1670-1740 The Journal of Southern History Vol. 28, No. 4 (Nov., 1962) ,
pp. 462-473 (12 pages) Published By: Southern Historical Association https://doi.org/10.2307/2205410 https://www.jstor.org/stable/2205410 This is a preview. Log in to get access Journal Information The Journal of Southern History, which is edited at and sponsored by Rice University, is a quarterly devoted
to the history of the American South and is unrestricted as to chronological period, methodology, or southern historical topic. The Journal publishes refereed articles and solicited book reviews and book notes on all aspects of southern history. As the organ of the Southern Historical Association, which is headquartered in the Department of History at the University of Georgia, the Journal also publishes items pertaining to the business of the Association as well as news and notices of interest
to historians of and in the South. The purpose of the Southern Historical Association is to encourage the study of history in the South with an emphasis on the history of the South. Publisher Information The Southern Historical Association was organized on November 2, 1934 and charged with promoting an "investigative rather than a memorial approach" to southern history. Its objectives are the promotion of
interest and research in southern history, the collection and preservation of the South's historical records, and the encouragement of state and local historical societies in the South. As a secondary purpose the Association fosters the teaching and study of all areas of history in the South. The Association holds an annual meeting, usually in the first or second week of November, and publishes The Journal of Southern History. Rights
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Legislating Reproduction and Racial Difference in Virginia
Document Text
| Summary
| | Be it also enacted and confirmed that there be ten pounds of tobacco per poll and a bushel of corn per poll paid to the ministers within the several parishes of the colony for all tithable persons, that is to say, as well for all youths of sixteen years of age and upwards, as also for all negro women at the age of sixteen years.
| The Virginia Grand Assembly states that taxes must be paid for every man over the age of 16, and all black women over the age of 16.
|
Act I, Laws of Virginia, March 1643 (Hening, Statutes at Large, 1: 242).
Document Text
| Summary
| | 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 born in this country shall be held bond or free only according to the condition of the mother;
| The Virginia Grand Assembly states that children inherit the status of their mother. If she is free, they are born free; if she is enslaved, they are born enslaved.
| | 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.
| Any white person who is caught having sex with a black person will have to pay a fine.
|
Act XII, Laws of Virginia, December 1662 (Hening, Statutes at Large, 2: 170).
Document Text
| Summary
| | And for prevention of that abominable mixture and spurious issue which hereafter may increase in this dominion, as well by negroes, mulattoes, and Indians intermarrying with English, or other white women, as by their unlawful accompanying with one another,
| The Virginia Grand Assembly wants to stop the birth of mixed-race children.
| | 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 negro, 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 that the justices of each respective county within this dominion make it their particular care, that this act be put in effectual execution,
| Interracial marriage is declared illegal. Any white person who marries a person of another race will be banished from the colony.
| | and be it further enacted, That if any English woman being free shall have a bastard child by any negro or mulatto, she pay the sum of fifteen pounds sterling, within one month after such bastard child shall be born, to the Church wardens of the parish where she shall be delivered of such child, and in default of such payment she shall be taken into the possession of the Church warders and disposed of for five years,
| If an unmarried white woman gives birth to the child of a black man, she will have to pay large fine or work for the church without payment for five years.
| | and the said fine of fifteen pounds, or whatever the woman shall be disposed of for, shall be paid, one third part to their majesties for and towards the support of the government and the contingent charges thereof, and one other third part to the use of the parish where the offense is committed, and the other third part to the informer,
| Any fines collected for the birth of illegitimate mixed-race children will be split equally between the government, the local church, and the person who reported the crime.
| | and that such bastard child be bound out as a servant by the said Church wardens until he or she shall attain the age of thirty years,
| Any illegitimate mixed-race children will be forced to work as indentured servants for the church until they are 30 years old.
| | and in case such English woman that shall have such bastard child be a servant, she shall be sold by the said church wardens, (after her time is expired that she ought by law to serve her master) for five years, and the money she shall be sold for divided as is before appointed, and the child to serve as aforesaid.
| If the mother of an illegitimate mixed-race child is an indentured servant, she will have to serve out her contract with her first master, and then serve an additional five years for the church.
|
Act XVI, Laws of Virginia, April 1691 (Hening’s Statutes at Large, 3: 87). BackgroundThe first enslaved people were brought to the Virginia colony in 1619. The population of enslaved people grew quickly in the 1600s. Over time, lawmakers became concerned with reinforcing the idea of difference between the dark-skinned people who were enslaved, and the
white-skinned people who were their masters. Much of the legislation targets women, because their ability to have children meant they could affect the status of future generations. By legislating the outcomes of women’s sexual relationships, the Virginia Assembly hoped to divide the two races for generations to come. About the ResourcesThese three laws outline the way the Virginia Grand Assembly tied race to slavery in the 1600s. The 1643 law introduced
the idea of legal racial difference by making the labor of all black women, enslaved or free, a taxable commodity, while white wives, daughters, and servants of plantation owners did not count toward a plantation owner’s taxable people. This was inspired by the idea that black women labored in the fields and white women did not. In reality, white women often worked alongside their husbands and enslaved people, because all hands were needed to keep a plantation profitable, and there were many
white women working in the fields as indentured servants. But this act made the idea of racial difference law, and that idea would grow over time. The 1662 law stated that children of enslaved women were automatically born enslaved. This was to clear up the confusion over what to do with the mixed-race children born as the result of sexual
relations between a white master and an enslaved woman. This law made it profitable for white men to get their female slaves pregnant. Any children born would make the owner richer. This was also the legal foundation of the infamous “one-drop” rule that any person with African ancestry anywhere in their family tree was automatically a black person, which persisted in parts of the United States well into the twentieth century. The 1691 law made interracial marriage illegal, and set up
severe punishments for white women who gave birth to the children of black men without being married. The Virginia Assembly hoped this would put an end to white women giving birth to free interracial children, while also allowing them to get more years of free labor out of any white woman who broke the law. Interracial marriage remained a crime in Virginia until the Supreme Court decision of Loving v. Virginia in 1967. Vocabulary- bastard: Child
born to unmarried parents.
- bond: Enslaved.
- bushel: A measure for dry goods equal to 64 pints.
- commodity: Something that can be bought or sold.
- default: Failure to pay a fine or loan.
- disposed of: Put to work.
- dominion: The territory governed by the Virginia Grand Assembly.
- fornication: The
crime of sexual intercourse between unmarried people.
- Grand Assembly: The governing body in Virginia colony.
- illegitimate: Unlawful
- indentured servant: A person under contract to work for another person for a definite period of time without pay, usually in exchange for transport to a new place.
- legislating: Creating laws
- mulatto: A person with one
black and one white parent.
- parish: County.
- poll: Election.
- spurious: Illegitimate.
- sterling: Silver.
- tithable: Taxable.
- warder: Officer.
- youths: Young men.
Discussion Questions- Why was the differentiation between white and black women in
the 1643 tax code an important moment in history?
- Why were the planters of Virginia concerned about the birth of mixed-race children?
- Why did laws about racial difference center on women? What implications would these laws have for the entire society?
- Why did women bear the brunt of punishments for breaking these laws?
Suggested Activities- Use this document to consider how the
experience of slavery was different for men and women.
- Use this document to illustrate how the association of race with slavery was developed over time in the American colonies.
- Compare the laws in this document with those passed in the early federal period, the antebellum South, and the Jim Crow era to see how laws about women’s bodies were refined to reinforce racial difference over time. Consider whether these early laws still influence racist thinking today.
- The
English were not the only colonial power figuring out how to legislate racial inequality. Ask students to compare this document with the French Code Noir and write a paper about how different colonial powers approached legislating racial difference.
- These laws did not just settle questions of race, but also gender. To see how
these legal constructions of gender played out in colonial communities, read the life story of Thomas(ine) Hall.
- The sexual exploitation of women was practiced throughout the colonial Americas. You can learn more about this widespread problem by exploring the resources below:
Women and the Code Noir, Life Story: Marie-Josèphe Angélique,
Marrying into the New World, Life Story: Dennis and Hannah Holland, Life Story:
Malitzen (La Malinche), Life on the Encomienda, and Life Story: Doña Teresa de Aguilera y Roche.
ThemesAMERICAN IDENTITY AND CITIZENSHIP; POWER AND POLITICS New-York Historical Society Curriculum Library Connections- For more resources relating to slavery in the English Colonies, see New World—New Netherland—New York.
- For more resources relating to the history of slavery in New York, see Slavery in New York.
When did slavery become hereditary in the US?
[Under English law a child received his or her status from his father. This Virginia colonial law law of December 1662 made a child of an enslaved mother was also a slave for life.]
What types of laws were passed in the 1690s?
In the 1690s, the General Court passed laws aimed at preventing White people from “harbouring and entertaining... idle, dissolute persons“ in taverns or otherwise doing business with them.
What were the first three states to legalize slavery?
Massachusetts is the first colony to legalize slavery. The New England Confederation of Plymouth, Massachusetts, Connecticut, and New Haven adopts a fugitive slave law. Connecticut legalizes slavery.
When did Virginia make slavery legal?
' A law making race-based slavery legal was passed in Virginia in 1661. It allowed any free person the right to own slaves. In 1662, the Virginia House of Burgesses passed a law that said a child was born a slave if the mother was a slave, based on partus sequitur ventrem.
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