law for slaves in a separate colony or state, extended
from Barbados through the southeastern trio of commonwealths
on the continent. The island of Barbados, as we
have seen, was the earliest of the permanent English
settlements in the tropics and one of the first anywhere
to attain a definite regime of plantations with negro
labor. This made its assembly perforce a pioneer
in slave legislation. After a dozen minor laws
had been enacted, beginning in 1644, for the control
of negroes along with white servants and for the recapture
of runaways, the culmination in a general statute came
in 1688. Its occasion, as recited in the preamble,
was the dependence of plantation industry upon great
numbers of negro slaves whose “barbarous, wild
and savage nature ... renders them wholly unqualified
to be governed by the laws, customs and practices
of our nation,” and the “absolutely necessary
consequence that such other constitutions, laws and
orders should be in this island framed and enacted
for the good regulating and ordering of them as may
... restrain the disorders, rapines and inhumanities
to which they are naturally prone and inclined, with
such encouragements and allowances as are fit and
needful for their support, that ... this island through
the blessing of God thereon may be preserved, His
Majesty’s subjects in their lives and fortunes
secured, and the negroes and other slaves be well
provided for and guarded against the cruelties and
insolences of themselves or other ill-tempered people
or owners.”
The statute itself met the purposes of the preamble
unevenly. The slaves were assured merely in annual
suits of clothing, and the masters were given claim
for pecuniary compensation for slaves inveigled away
or illegally killed by other freemen; but the main
concern of the statute was with routine control and
the punishment of slave malfeasances. No slaves
were to leave their masters’ premises at any
time unless in company with whites or when wearing
servants’ livery or carrying written passes,
and offenders in this might be whipped and taken into
custody by any white persons encountering them.
No slaves were to blow horns or beat drums; and masters
were to have their negro houses searched at frequent
intervals for such instruments, as well as for weapons,
runaway slaves and stolen goods. Runaways when
caught were to be impounded, advertised and restored
to their masters upon payment of captors’ and
custodians’ fees. Trading with slaves was
restricted for fear of encouraging theft. A negro
striking a white person, except in lawful defense
of his master’s person, family or goods, was
criminally punishable, though merely with lashes for
a first offense; and thefts to the value of more than
a shilling, along with all other serious infractions,
were capital crimes. Negro transgressors were
to be tried summarily by courts comprising two justices
of the peace and three freeholders nearest the crime
and were to be punished immediately upon conviction.