LAWS WITH CONSIDERATIONS OF SLAVE STATUS AND COLOR : VIRGINIA

 Excerpt pages 8-9

... It had not always been that way. The arrival of the first Africans in Virginia in 1619 had not, in itself, signaled the beginning of a fully formed slave system. True, the English in Virginia had the example of the Spanish and Portuguese sugar plantations in the Caribbean and South America; and the Dutch would later establish a thriving transatlantic slave trade system that kept those plantations supplied with labor. But not all blacks in early Virginia were enslaved Some were kept as servants, in temporary bondage.  Others bought their freedom and moved to the Eastern Shore, where many purchased land, married, raised families, and hired or bought laborers of their own.  To meet their insatiable appetite for labor, white Virginians would make the transition gradually from white English servants to black slaves over the course of the of the seventeenth century. Time and again in these early years, the newly formed assembly in the provincial capital of Jamestown legislated what it meant to have white skin or black, to be free or enslaved. The representatives, called burgesses, debated such questions as "Are all men, black and white, permitted to carry guns?  (NO, only whites, 1639)  Are African women counted as tithable **** in the same way as all men, white and black, sixteen years of age or older?  (Yes, 1643). To clarify, are free African women taxable, as well as enslaved? (Yes, but white women remain exempt, 1668). Is the child of an enslaved woman and an Englishman free?  (NO, the child take the condition of the mother, 1662) So then, the child of a free white woman and a free black man is free? (Not quite; such children will be held in service until their thirtieth birthday. In addition, the mother must pay a fine of 15 pounds sterling or herself be sold into servitude for five years, 1691).  May blacks and whites marry?  (NO, 1691, and 1705. To prevent such "abominable mixture and spurious issue," the white person will be jailed for six months and pay a fine of 10 pounds sterling. And clergymen who conduct such ceremonies will be fined ten thousand pounds of tobacco - half of which goes to the informer.).....

Note on word tithable : Explanation here from LIBRARY OF VIRGINIA : TITHABLE LAW EXPLAINED

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