Legislative control of enslaved people in Jamaica

All aspects of the lives of enslaved people were governed by acts and laws drawn up by the colonisers. In “West Indian Slave Laws of the 18th Century” [1970], Elsa Goveia provides a pan-Caribbean account of such laws. Here we present the second part of the 1664 “Act for the better ordering & Governing of Negro Slaves,” put into effect under the administration of Governor Thomas Modyford in Jamaica.

As a reminder, Thomas Modyford was born around 1620. After spending 17 years in Barbados, he transferred his family to Jamaica, persuading about 800 planters to accompany him with promises of free passage and free land. In February 1664, Thomas Modyford was appointed governor of Jamaica and made a baronet. He died in Jamaica in1679 and was buried in the Spanish Town Cathedral.

NEGROES TO HAVE CLOATHES

And it is further enacted, ordeyned & published by the authority aforesaid that the Slaves shall have cloathes to cover theire Naked (Nakedness?) once every yeare (that is to say) drawers & capps for men & petticoats for women.

FUGITIVE & RUNNAWAY NEGROES

And, whereas the Inhabitants of this Island have much suffered by the running away of theyre Slaves & by the injurious keeping of such runaway or fugitive Slaves by Severall persons in theyre plantacons, it is hereby enacted, published, & declared by the authority aforesaid that all persons who are now possessed of any fugitive or runaway Slaves doe within six dayes after the publicacon of this Act (except the Inhabitants [unclear] [on?] the North side who are allowed thyrty dayes) bring them in & deliever them to theyre proper owners if they know them or into the custody of the Marshall or Goaler nearest to the Plantacon where such Slaves or Slaves soe are apprehended upon paynes of paying one hundred pounds sterling for damage unto the owner of the said Slave to bee by the said owner recovered in any Courts of record within this Island by action of debt or Informacon in which noe essoin protection Iniuncon or wager of Law shall bee permitted or allowed. And if any christian Servant soe possessed of any such Slave or Slaves not acquainting his Master thereof doe fayle or Neglect to bring them in within the time before limitted is before enioyned the said Servant shall immediately upon conviction thereof receive 39 leyshes upon his naked back by order from the next Justice of the peace to some Constable or the comon Execuconer & after the expyracon of his time of service shall serve the owner of the said Slave or Slaves the full terme & space of seaven yeares as (and? a?) record thereof, to bee made by the Justice before whom such conviction shall bee had.

And further it is enacted by the aucthority aforesaid that all Overseers of plantacons doe twice in every weeke Search theire Slaves houses for runnaway Slaves And what Overseers shall neglect to doe the same shall forfeit one pound sterling for every default the one halfe to the informer the other halfe to the publique use etc.

RUNAWAY SLAVE

And bee it further enacted by the aucthority aforesayd, that whosoever hereafter shall take up any runnaway Slave or Slaves that such persons shall within one & twenty Dayes after bring the sayd runawayes to his or theyre proper owner or to the next Marshall or Goale as aforesaid, uppon paine of forfeiture for every day hee shall keepe such Negroes or Negroe beyond the said one & twenty dayes & thereafter bee convicted by confession or verdict the [UNCLEAR] of twenty pounds sterling to bee levyed by the [UNCLEAR](provost?) Marshall or his deputy by order from the Governor for the tyme being upon the person soe neglecting to bring the said runnaway uppon his lands goods or chattels the one halfe thereof to bee to the owner of the said Slave or Slaves & the other to him or them that shall informe thereof out of which the said Marshalls’ fees shall be deducted. And if the said person or persons informing bee Servant or Servants to the party soe deteining the said Slaves that then the said person or persons soe informing shall bee from thenceforth absolutely free & clear from his service any Indenture or by wage to the contrary Notwithstanding And whosoever shall worke the said Slave or Slaves dureing the aforesaid one & twenty dayes’ shall forefeit twenty pounds sterling to bee paid & recovered as aforesaid.

And it is further enacted by the authority aforesayd that all persons which shall hereafter take up any runnaway or fugitive Slaves’ & shall soe bring them unto the said next Marshall or Goale shall receive one pound sterling of the said Marshall who is hereby appointed to pay the same. And in case hee shall refuse to make the said payment uppon the presentment (delivery?) of the said Slave and thereof oath bee made before any Justice of the peace the said Justice of the peace is hereby aurthorized to direct his warrant to any Constable to cause the vallue thereof to bee imediately levyed out of the goods for the Said Marshall (Treasurer). And the said goods bee delivered to the said party.

And bee it further enacted by the authority aforesaid that it shall & may bee Lawfull for the said Marshall to deteyne & keepe in custody the bodyes of all such runnaways until the owner of them or their appucnes?[UNCLEAR] shall pay unto him one pound two shillings & six pence sterling & alsoe six pence sterling for every foure & twenty houres the said fugitive Slave hath bin in his custody Provided allwayes that the said prou?[UNCLEAR] Meirshall doe furnish the said Negro with sufficient food & drinke as potatoes grains [UNCLEAR] plantans & water.

And, it is further provided & ordeined by the authority aforesaid that if any of the said Slaves shall dye for want of food or dry & convenient Lodgings the said Marshall shall bee responsable for them to the owner or his …?[UNCLEAR]. And if the said Marshall shall suffer any Slave to escape before hee bee duely delivered to the owner or his ….?[UNCLEAR] then the said Marshall shall pay unto the owner of the said Slave soe much as hee shall bee censured & condemmed to by the Governor and Councell for the time being or by verdict of a Jury at comon Law.

Laws also addressed searching enslaved peoples’ homes for weapons and stolen goods, incentives for turning in runaways, punishment for those stealing enslaved people under the guise of a promise of freedom, types and severity of punishments for petty and severe crimes; fines against those who wantonly killed their’s or another’s enslaved person and compensation in the case of the latter; and reward for the capturing and returning of runaways.

Despite the spelling challenges, everyone should be struck by the harshness of chattel enslavement and understand better the justification for reparation.

Credit: https://slaverylawpower.org/jamaica-slave-code-governing for the transcribed version of the act.

Send feedback to reparation.research@uwimona.edu.jm