Governor Modyford and 1664 law to control enslaved Africans in Jamaica

On July 31, and as Jamaica has been doing for many years now, hundreds will gather at Seville, St Ann, in a space that used to be a plantation and which some call ‘The Great House’ (what was so great about a space that enslaved our ancestors, I do not know), for a vigil in anticipation of the celebration of “Augus’ Mawning”/Emancipation Day.

It was on August 28, 1833, that the Slavery Abolition Act was given Royal Assent. It came into force on August 1, 1834, as ‘An Act for the Abolition of Slavery throughout the British Colonies; for promoting the Industry of the Manumitted Slaves; and for compensating the Persons hitherto entitled to the Services of such Slaves’. As we know, “full free” was on August 1, 1838, for the majority of those enslaved across the island. Those who had not already taken their freedom through marronage or had been freed by the 1833 Emancipation Act on the basis of being six years and under.

The cynics will ask, “What’s there to celebrate?” as in their view, the legacies of chattel enslavement are all around for all to see, but I am a historian, and I have seen too many records that testify to the brutality of chattel enslavement at the hands of enslavers from England, Scotland, Ireland, and Wales. So I say celebrate – if for no other reason than because the oppressive laws and acts that governed the lives of our ancestors, for example, the1664 “Act for the better ordering & Governing of Negro Slaves”, had no more power after 1838. This episode of Reparation Conversations introduces some, or reminds others, of this 1664 act signed by Governor Modyford. Of course, Prof Carolyn Cooper may say much if it uses “chaka, chaka” spelling!

Credit goes to Slavery Law & Power in Early America and the British Empire (May 3) Jamaica Slave Code: Governing Slaves (1664) https://slaverylawpower.org/jamaica-slave-code-governing for this version of the act.

ACT FOR THE BETTER ORDERING

“Whereas heretofore many good Lawes & ordinances have bin made for the governing regulateing and ordering the Negroes Slaves in this Island & Sundry punishments appointed for many theire Misdemeanors crimes and offenses which yet have not met the effect hath bin desired, and might have reasonably bin expected, had the masters of familyes & other the

Inhabitants of this Island bin soe careful of theire obedyance & complyance with the said Laws as they ought to have bin & these formal Laws being in many clauses imperfect & not fully comprehending the true constitution of this Government in relation to theyre Slaves especially the Negroes an heathenish brutish & an uncertaine & dangerous kind of people to whome if surely in any thing wee may extend the llegyislative power, given us of privisionary Laws for the benifit & good of this Island, not being contradictory to the Laws of England there being in all the Body of that Law noe perfect track to guide us where to walke Nor any exect rule sett us how to governe such Slaves as wee have or as Negros are Yet wee well know by the right rule of reason & order wee are not to leave them to the arbitrary cruell and outrageous will of every evill disposed person But soe farr to protect them as wee doe mens’ other goods & chattels & and alsoe some what further as being created men though without the knowledge of God in theis world. Wee have therefore upon mature & Serious consideracon of the premises thought good to renew & revive whatsoever wee have found necessary & usefull in the Laws of England concerning the governing & ordering of Slaves & to add there unto such further Laws & ordinances as at this time wee thinke absolutely Needfull for the publique Safety & may prove in the future behovefull to the ßPeace & utillity of this Island. Bee it therefore enacted ordeined & published & it is by the Governor, Councell & assembly of this Island & by the aucthority of the Lawe enacted ordained and publishe:

Negroe’s goeing abroad

That no Master or Mistresse, Commander or Overseer of any family within this Island Shall give theyre Slaves leave on Sundays holydays or in the night time to goe out of theyre Plantacons’ (except such Slaves as usually wayte uppon them at home & abroad) without a ticket under his Master or Mistresse Commander or Overseers hand the said ticket specifying the time of his or her comeing from the plantation & the time allowed for his or her returne Nor at any other tyme or working dayes above four(?) Myles from theyre Ssayd Plantation without the like ticket upon paines of forfeiting for every Slaves so permitted to goe abroad without the aforesaid Tticket one pound Ssterling halfe of the Ssayd forfeiture to bee to the informer & the other halfe to the cChurch wardens to bee disposed as is directed in the act for maintenance of Ministers.

And if any Master Mistress Commander or Overseer of a Plantacon shall finde any Slave or Slaves in theyre plantacon on Sunday holy day or the night time or any time few(?) Miles from theyre Meisters plantation without a ticket expressing the business from his said Meister & doe not apprehend them or apprehending them shall not punish them by a moderate whipping shall forfeiiet one pound Ssterling to bee disposed of as aforesaid the said Penaltyes to bee recorded before any one Justice of the peace of that precinct where such default shall bee made who is hereby authorized & required upon complaint made to examine upon oath to heare & determine the Lawe & by warrant under hand directed to the constable to cause the said penalty to bee levyed as in case of Servants wages the constable to receive for his paines as in the act for Servants is appointed.

In case Negreo’s strike Christians

It is further enacted & ordeyned, by the authority aforesayd, that if any Slaves either Man or Womaen shall offer any vyolence to any christian as by strikeing or the like such Slaves shall for his or her fyirst offence by informacon given to the next Justice bee Severly whipped by the next constable by order of the next Justice, for his Second offense of that nature by order of the Justice of the peace, hee shall bee severly whipped, his nose slitt & hee burned in some part of his face, & for his thyrd offence hee shall receive by order of the Governor & councell such greater corporall Punishment as they shall thinke meet to inflict Providing allwaies that such strikeing or conflict bee not in the lawfull defence of theire Masters Mistresse or ownsers of theire famyilyes or of theire goods.”

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