SERVITUDE AND SLAVERY OF VIRGINIA IN SEVENTEENTH CENTURY

Author(s): J. Reuben Sheeler

Source: Negro History Bulletin , APRIL, 1947, Vol. 10, No. 7 (APRIL, 1947), pp. 161-164
Published by: Association for the Study of African American Life and History

Stable URL: https://www.jstor.org/stable/44174714

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 April, 1947 161

SERVITUDE AND SLAVERY OF VIRGINIA

IN SEVENTEENTH CENTURY
By J. Reuben Sheeler

ants, mulatto servants, the Indian from the Spanish Christian

confronting the planters of slaves and the Negro slaves.4 The names.8 According to English law
ONE confronting the
the of American the greatest the Colonies
American planters problemswas
Colonies was of system of servitude for indentured which was governing Virginia
that of maintaining an adequate la- servants had become fairly well those baptized into Christianity
bor system. The newly opened crystallized by 1619 when the first became "infranchised."9 The rights
country needed labor to develop the Virginia law making body, the of servants were defined by the
wilderness into habitable colonies House of Burgesses, assembled andlaws of the assembly and were al-
as well as to extract profits for the when also the first Negroes were tered at different times during the
capital investments of the Eu-brought into that system. In the century as conditions presented
ropean investors. The " com- new country, however, it was diffi- new problems. The necessity of
panies,' ' which were then the mostcult to keep the servant from ad- keeping these servitude contracts
effective ways of assembling thevancing to the position of land- was recognized in the acts of the
necessary capital and settlers, didholder. The servants who served a House of Burgesses in 1619.10 In
not find it easy to establish the Eu-term of years (for the most part September 1632 it was ordered
ropean system in America.1 Thus . seven) usually gained his freedomthat no person or persons should
in Virginia, the oldest and most and became a landowner of fifty leave the colony to go into an-
English of the American British acres. The first session of the House other colony without obtaining
colonies, there developed a pe- of Burgesses passed laws to main- from the Governor a license or
culiarly changing system of ser-tain the servant or ordinary people pass for his departure.11 All serv-
vitude which by the end of the cen-in their proper position.5 In 1621 ants were required to pay the poll
tury gradually transformed itself instructions were given Governor tax as other persons of the colony.
into American Negro slavery. The Francis Wyatt that all servants "A five pound of tobacco per pol"
early system was not considered were to fare alike in the colony, was levied.12
slavery, nor was it to any great ex- and their punishment for any of- Early in the period of coloniza-
tent Negro.2 However, the system, fenses was to serve the colony in tion came the trouble with run-
which gradually changed through public work.6 Into this system of away servants. The assembly rec-
the seventeenth century from ser- servitude were brought the twen- ognized the complaints about the
vitude to slavery and from the ex- ty Negroes in 1619 when "came in runaways and passed legislation
ploitation of Eurpoean whites to a Dutch man of warre."7 These on the question. The penalty for
that of the Negroes, made rapid were captured from the Spanish the runaway servant was that of
strides in America as a whole in by the Dutch and brought to Vir-
having the time doubled which he
the 18th century and in the South spent away from his master and
ginia, and since there was no pro-
and Southwest in the 19th century.
vision for slavery in English law
added to his indenture. For the
they were put to service accord-
The rise of the servitude system second offense he was to have the
ing to the Virginia system of letter
began with the settlement of white ser- "R" branded on his cheek.13
indentured servants brought from vitude. A further reason why The difficulty of recapturing the
England. In England there was these Negroes could not at thatrunaway servant was made much
an interest in relieving the popula- time have been enslaved was that greater by those assisting the
tion in the early seventeenth cen- they had been baptized by Span- servant. In 1642 this was indi-
iards and had Christian names cated by the preamble to the law
tury, and it was thought to be a
good practice to deport those seek- such as Angelo, Anthony, Isabella,
passed at that time to punish those
ing a new start in the new world.3 William, John, Edward and Mar- aiding the fugitives:
The servitude system in the colony garett. Names of others brought
then followed the order of white into Virginia were Anglicized "Whereas, complaints are at every
quarter court exhibited against divers
indentured servants, the white persons who entertain and enter into
4Caterall, Helen T., Judicial Cases
servants without indenture (volun-Concerning American Slavery and the covenants with runaway servants and
tary and involuntary), the Chris-Negro , vol. i, p. 53. freemen who have formerly hired them-
selves to others to the great prejudice
tian Negro servants, Indian serv- 5McIlwaine, Journals of the House of
Burgesses , vol. i, p. 10.
eHening, W. W., Statutes at Large 8Catterall, op. cit., vol. ii, p. 56.
1 Andrews, Charles M., History of theBeing a Collection of Laws of Virginia , »Mcllwaine, op. cit., vol. i, p. 33.
U. S., vol. i, chapt. iii. p. 117. i mid., p. 10.
2Channing, Edward, History of TJ. 8., 7" Relation of John Rolfe' 9 in. John 11Hening, vol. i, p. 200.
vol. ii, p. 367. Smith's General Historie of Virginia, p.12 Ibid., p. 143.
sHackluyt, in "Old South Leaflets.' ' 541. ™IMd., p. 254.

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 162 The Negro History Bulletin

if not the The utter

Burgesses soon beganundoing
to of
ant.26 Along with the penalties for dive
poor men, thereby
shift the tithes or tax upon the also
secret encourag
marriage were the law»
servants to run from their masters and
obscure themselves in some remote
servant class. In 1648 the tax on enacted for punishment of adul-
plantation. . . property was abolished and the tery, fornification and illegitimate
poll tax was placed on all male children. "If any person or per-
Such persons were to be fined servants and freemen,20 and in sons of what degree or condition
twenty pounds of tobacco for 1657 this tax was extended to all soever shall abuse themselves with
every night they kept hid such Negroes and Indian servants both the high and four offense of adul-
runaway servants. In the event male and female.21 In 1672 the
tery, whoredom or fornification' T
that a master was not properly laws called for a registry of all he would suffer the penalties. Any
caring for a servant, the servant Negroes, mulattoes and Indians man servant committing an act of
could appeal to the commissionerso they could be taxed.22 The lawsfornification with a maid servant
who would then present his case of 1667 denied freedom from taxa- was to be punished by the law and
to the Burgesses.14 tion to Negro women who had given one year of additional time
If one is to interpret the mak- gained freedom from servitude.23to his indenture. By the term
ing of laws as an effort to combat Thus the Burgesses had done as "punished by the law" was meant
what the lawmaking bodies felt the usual legislative body repre- that the court with its interpreta-
as evils of their time, it may be senting those for whose benefit a tion of the church laws would issue
said that fugitives from servitude government is operated, shift its the penalty to which the one year
constantly increased, for practi- expense on those to be controlled was added. Any freeman commit-
cally every assembly gave some by it. ting such act was required to pay
recognition to the runaway serv- Penalties, were placed on those a fine of 50 pounds of tobacco
ant problem and continued to in-failing to attend church services, which went to the church. In the
increase the penalties for the serv- and during the early years of the case of a servant the master paid
ants as well as for those who as- the fine and added one half year to
colony forced servitude was often
sisted them in escaping. Servitude the punishment meted out. Such the indenture of the servant. If
as a penalty for offenses was aabol- law required "Every person to there was a bastard child the wom-
ished in 1642 by the assembly.15
go to church Sundays and Holy an would get two years added to
This came about as the colony days
wasor lye neck and heels on the her time and the child would be
in the process of defining servi-
Corps du Guard the night follow- kept by the father, or if he was a
tude as distinct from slavery. ing
Theand be a slave the week fol- servant the parish kept the child
penalty for the runaway servant
lowing."24 With the body of church and the father was held respon-
was that his time be doubled,16
laws the assembly passed others to sible for expenses which he was
and then in 1668 a "moderate cor- forced to pay after his freedom.27
control marital relations of the
poral punishment inflicted by the In 1662 it was enacted that a wom-
servants and to prevent or punish
master or magistrate" was to be an servant getting children by her
adultery and fornification. To get
applied to the runaway servant in married a servant was required master
to was to be sold for 2 years
addition to the additional time in obtain the consent of the master or by the Churchwarden and the
service.17 The next year the law mistress. Secret marriages among Parish was to get the price.28 The
provided that each magistrate or servants were prohibited. The fact that laws were on the statutes
constable through whose care the penalty for a secret marriage in was no indication that the practice
servant passed was to lay on his 1642 was a one year addition to the was not present, but often indi-
bare back a whipping of 39 indentured time of a widow and cated what was a fairly common
lashes.14 The cost of the capturedouble the time for a maid.25 A practice. The illegitimate relations
of the servant was to be paid by free man marrying a servant with-with servants did not cease, for the
the master who in turn would be out the consent of her master or laws were made more and more
paid by extended time from the mistress would be fined 500 pounds
severe.

servant. The penalty for those of tobacco. Early efforts were made at pre-
assisting or entertaining the run- Evidently the 500 pounds of to-
venting fornification with Negro
away servant was raised to sixty bacco fine for the freemen was not women. Proceedings of the Gov-
pounds of tobacco. Any unruly sufficient to be effective, for laterernor and Council for 1630 show
servant who lifted a hand against the penalty was increased to 1,500 that one "Hugh Davis to be sound-
his master was to serve additional pounds of tobacco and one year of ly whipped before an assembly of
time.19 service to the master of the serv- Negroes and others . . . for lying
with a Negro,"29 and that another
14Hening, vol. ii, p. 117. 20 Ibid., vol. i, p. 356.
15Hening. vol. i, p. 259 21 Ibid., p. 454.
16Hening, vol. ii, p. 116. 22 Ibid., p. 296. 26Hening, vol. ii, p. 114.
17Hemng, vol. ii, p. 116 ™Ibid., p. 267. 27Hening, vol. ii, p. 115.
™Ibid., p. 277. 24Catterall, op. cit., vol. i, p. 54. 28 Ibid., p. 167.
Wlbiä., p. 118. 25Hening, vol. i, p. 253. 2QIbid., vol. i, p. 146.

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 April, 1947 163

Robert Sweet "do penance in status of slavery then was a prod-case of Hannah Warwick, 1669,
church according to the laws of uct of the American colonies.37 who "was overseen by a Negro
England for getting a Negro wom- There was slavery in the Virginia overseer"44 caused the passage of
an with child and the woman Colony by 1644 and by 1667 had the law prohibiting free Negroes
whipt."30 Further indication beenthat
made a part of the law as or Indians from buying Christian
the few publicised cases had not means of stopping baptism as aservants, but "could buy those of
stopped the practice was that a law right for freedom. That law their own group."45 Another act
was passed in 1663 that the chil- admitted all to the sacrament of 1670 put a clearer definition on
dren of Negro women were to serve without changing their status38 who should be slaves: "That all
according to the condition of the Beginning with 1639 certain servants not being Christians im-
mother,31 thus, establishing a sys- stated differences in regard to ported into this colony by shipping
tem of servitude for mulattoes. regulations for Negro servants shall be slaves for their lives, but
Servants were brought into the appeared. A law was passed re- what shall become by land shall
colony without indenture. Some quiring that all persons except Ne- serve, if boys or girls, until thirty
of these came voluntarily while groes be provided with arms and years of age, if men or women
others were "spirited" into the ammunition or be fined by the Gov- twelve years and no longer.46* Be-
colony. Those coming voluntarily ernor and Council.39 The case of tween 1660 and 1670 there had been
had hopes of serving a term and John Graweere, a Negro servant to
changes concerning laws for Indian
then getting a start in the new William Evans, who bought his
slavery. This law was to legalize
world. Those spirited in were in child, by a Negro woman from her Indian slavery that had been in
mošt cases boys and girls kid- master, Lt. Robert Sheppard, is existence for some time. Bacon's
napped off the streets of London interesting evidence. By wishing laws, 1676, provided that Indians
and other cities and sold into the to bring up the child in Christian taken in war could be held as slaves
colony. Channing points out religion,
that Graweere was assured by for their life time,47 but this was
10.000 were "spirited in one year, the courts that the child would be . replacing the earlier law. The
1670."32 The laws of Virginia pro- freed from Evans. This case showed earliest slaves were the Indians
vided that those over twenty be that by 1640 the Negro servant wasand by 1670 the law was so stated
deported or serve four years, those being debased to slavery and thatas to apply to the growing number
between twelve and twenty years freedom was to be purchased be-of Negroes being brought in after
of age would serve five years fore baptism.40 Another case in 1660. The influx of English serv-
and those less than twelve would 1640 showed the sentence passed on ants had practically ceased by 1660
serve seven years.33 There had abeen Negro servant was life enslave- with the restoration period in Eng-
distinction in servants until there ment while that of other servants land. Thereafter the English who
began to be a distinction between differed for the same offense. Three came were those sent and who were
servants and slaves. Irish servants runaways, a Dutch, a Scotch and ausually prisoners or criminals in
were to serve six years and in 1659 Negro servant, John Punch, wereEngland.
this law was repealed and made captured
no and returned from Mary- The slaves as well as the servants
differences in service for those land. The Dutch and Scotch serv-
persisted in trying to escape. The
ants were given three years addi-
brought from Christian nations.34 penalty of increased time could not
Indian children were not to be tion to indentures, while Punch,
be applied to the slave. The serv-
the Negro, was given a sentence
made slaves but were to be taught to penalties could not be applied
ant
Christianity. No servant from a serve his master for his entire nat- to the slaves for violence. A law
Christian nation could be com- ural life.41 In 1656 a mulatto was
in 1669 declaring that murder or
determined a slave by the court.42
pelled to serve over five years,35 cause for death of a slave at the
and they could get their freedomIn 1661 the first reference to Ne- hands of his master was not a fel-
papers from the county court groes
at as slaves appeared in the ony involving malice and that an
the end of their indenture.86 statutes of Virginia. This law pe-
owner would not have malice to-
The slavery system of Virginianalized the English servant who ward his property.48 In 1672 a law
was a gradual development during ran away with Negroes. The Eng- was passed which provided that
the 17th century. Since there was lish were to serve the master of the Negro, mulatto or Indian servants
no status of slavery in English law, Negro for the time he was away could be killed or wounded if they
the terms servitude, slavery and and if he is lost they should pay resisted capture and the person sc
bondage were the same. The legal 4,000 pounds of Tobacco.43 The
"Ibid.
^Ibid., p. 552. 37Channincr, op. cit., p. 376. **Ibid„ vol. ii. p. 280.
31Henine. vol. ii. D. 170. 38Hening, vol. ii, p. 260. 4«Ibid., p. 283.
32Channing, op. cit., vol. ii. p. 369. 39Hening, vol. i, p. 226. •Massachusetts had defined slavery by
33Hening, vol. i, p. 257. 40Catterall, op. cit.. vol. i, p. 58. 1640 in the charter of Bights for Massa-
347&id., p. 411. 41Channing, op. cit., p. 376. chusetts.
™Ibiã., vol. ii, p. 113. *2Ibid., p. 513. 47 Ibiã., vol. i, p. 346.
sej&id., p. 115. 43Hening, vol. ii, p. 26 and 117. 48Hening, vol. ii, p. 270.

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 164 The Negro History Bulletin

doing would Thomas Phillips, a not

Negro, filed a first
be questione
three decades of the colony.
complaint for freedom against
In addition to this the Indians were All servants were to be treated
ordered and rewarded to bring inThomas Fitts. Angeli, a Negro alike. Virginia being under Eng-
lish law had no slave laws at the
such runaway slaves. In introduc-woman, filed against Captain Mat-
ing this law the assembly statedthews. Toni Bowze filed against time Negroes were brought into the
that: Major Bennett. Phillip Gowen labor system of the colony and con-
sued for freedom from Mr. John sequently they were not slaves. If
"For as much as it hath beene mani- Lucas. These cases and others England had been profitably in-
fested to this grand assembly that
volved in the slave trade as early as
against such honorable gentlemen
many negroes have lately been and
1620 the settlement of Virginia
now are out in rébellion in sundry of Virginia for breaking promises
parts of this country and that noe for freedom show that the would Negroeshave been populated mainly
meanes have yet beene found for theappealed to the Virginia courts in Race mixtures began with
by slaves.
apprehension and suppression of them
Negroes,
resistance to being forced into com-as had been with Indians,
from whome many mischiefes of very
dangerous consequence may arise toplete slavery by the trend afterafter their arrival, and by
shortly
mid century the law had provided
the country if other negroes, Indians1670 when the laws had practically
or servants should happen to flye forth legal status for the mulattoes. The
restricted slavery to the Negroes.
and enjoyne with them. . . ." In 1687 Governor Howard passage of European, especially
After 1670 the laws of the assemblywarned his council of the English,
discovery servant labor into the col-
onies declined after 1660 and the
for the remainder of the centuryof a Negro plot to kill his majesty's
rise in
were devoted to establishing a slavesubjects. This was to start of athe
profitable slave trade spon- .
code which was fairly complete and sored
neck of the northern part of thethe growth of the institution
colony and go throughout in
applicable to the Negroes as slaves theVirginia.
state. In the beginning of
by 1700. Labor from Europe hadSeveral Negroes had been ar- American slavery the Indians were
rested and the Governor had or- the first to become its victims and
ceased to come freely into the col-
onies and African slave trade was dered severe penalty so that then
fur- the Negroes. The idea that
becoming profitable to the English. ther plotting would be prevented. Negroes were docile, content
the
to be slaves and unaware of their
In 1680 a law was passed which He issued a proclamation prohibit-
contained more restraints on slaves ing funerals and other gather-status is not sufficiently substanti-
than ever before. The law claimed ated by the evidence. The fact is
ings.58 The danger of this rising
that due to frequent meetings of was no doubt exaggerated, for slavery was imposed upon those
who were least able to resist it, the
considerable number of Negro there were slightly more than two
slaves under pretense of feast andor three thousand Negroes among Negroes.
burials, which were of dangerous the forty thousand inhabitants of
consequence, it was necessary toVirginia. However, the Governor
prohibit Negroes from carryingfeared that there would be those Story of Nat Turner's
of the servants and others who
arms or leaving the owners' plan- Descendants
tations without a pass. The law would join the Negroes.54 Later, in
0 Continued from page 155)
provided that thirty lashes be ap- 1692 the Governor complained that
plied to the bare back of a slave his proclamation was not being en-was about the year 1881. Now,
This
for lifting a hand against a Chris-forced and required that it besince
read he was about 40 years old in
tian and for lying out or hiding.in church twice a year55 In 1863,
1693 we would think he was be-
For refusing to be apprehended onthe law then prohibited the militia coming an old man. But he had
running away he could be killed.60from enisting any Negroes.56 so much of African vitality that at
In 1682 the law added that no Ne- Thus, by 1700 there had been the time of his marriage he had
gro should be permitted to come established
on a fairly complete slave not a single gray hair and one
a plantation for more than four code for Virginia. One may con- would have thought he was not
hours.51 clude that the transformation of over thirty years old.
The number of cases of run- Virginia's labor system of servi-He married Miss Sarah Jones,
aways and Negroes suing for free- tude into Negro slavery was ac- the daughter of the Reverend Isaac
dom" in the court of the Governor complished during the latter halfJones, who started the first colored
and Council for the fifteen years of the seventeenth century. There Baptist church in Putnam, which
after 1670 indicate that there was was no difference in bondage, servi-was later merged into the Union
a recognition on the part of the tude and slavery in Virginia in the Baptist church on Eighth Street.
Negroes of what was happening.52 53McIlwaine, Executive Journal , p. 86- This brick house on Eighth Street
which Gilbert Turner first bought
87. Also James Curtis Ballagh, History
49 Ibid., p. 299. of Slavery in Virginia; William B. Pal- in Zanesville is not standing today ;
50Hening, vol. ii, p. 481. mer, Calendar of Virginia State Papers . it was torn down several years ago.
ßij&id., p. 492. 54Hening, vol. ii, p. 515. Sarah Jones had worked for some
52McIlwaine, Executive Journal of mud., p. 317.
™Ibid., p. 526.
of the well-to-do white families of
Council of Colonial Virginia , p. 80-81.

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