ACT 57

1690 Carolina Slave Code

Introduction

The 1690 Carolina slave code was the first comprehensive slave code enacted in a
mainland colony in the British Empire in America. It echoes and was no doubt informed by
earlier codes enacted by Barbados and Jamaica, British colonies in the Caribbean. At the time it
was created, the colony had been functioning on some level for almost three decades; even
without the comprehensive code, many colonists already claimed significant numbers of both
indigenous and African people as their slaves. Several earlier laws related to different questions
of slavery and servitude, including several in the late 1680s, but many of the earlier laws (this
was #57) do not survive.
This code was created during a crisis of political turmoil in the colony and in the English
empire more broadly. In England, James II had been deposed in November 1688 in the Glorious
Revolution; he was succeeded by William III of Orange and Mary II. At the core of the conflict
that led to the Glorious Revolution were concerns over James II’s vision of royal power relative
to Parliament and his promotion of Catholicism. This conflict over the royal succession had also
led to heated political struggles in many American colonies, as factions contested the erosion of
colonial prerogatives and control over self-government threatened by James II’s policies.
Carolina was a proprietary colony, under the rule of the eight Lords Proprietors by virtue
of their charter from King Charles II (James II’s predecessor). Yet, within the colony, a growing
group of wealthy planters and enslavers, many transplants from Barbados, held substantial
economic power and a majority or representatives in the “Parliament,” which was composed of
twenty elected members (one from each precinct) and eight members appointed by the
proprietors.1Jack P. Greene, “Colonial Carolina and the Caribbean Connection.” The South Carolina Historical Magazine 88, no. 4 (1987): 192-210;
The influential group of colonists was known as the Goose Creek Men, since many
of their estates were adjacent to Goose Creek.
While the original proprietors had sponsored their migration from Barbados, beginning in
1663, especially as the proprietors changed directions, they became increasingly frustrated.
First, the proprietors attempted to assert increased control, in the form of revisions to the
governing Fundamental Constitutions, imposing oaths on members of the assembly, and
appointing pliable governors. Second, the governors appointed by the proprietors tried to
maintain a monopoly over trade with indigenous people, and that position was often abused.
Many of the Goose Creek men sought to purchase hides and indigenous slaves. Third, the
proprietors were keen to limit tensions with the Spanish colony to the south, which frustrated
some of the Goose Creek Men especially after a surprise attack in 1686.2Edward Rugemer, Slave Law and the Politics of Resistance in the Early Atlantic World. (Cambridge: Harvard University Press, 2018). 59-66

During the late 1680s, the Goose Creek Men repeatedly engaged in conflict with
Governor James Colleton, a brother of proprietor Peter Colleton, who closely hewed to a shifting
proprietary policy, but whom they accused of corruption, and unnecessarily imposing martial
law, and creating laws without their elected assembly (parliament). In 1690, Seth Sothell, a
different proprietor, arrived in South Carolina after being ransomed from years of detention by
North African pirates. Sothell claimed he had superior authority to Colleton and thus had the
right to be governor instead (on the grounds that Colleton had unjustly imposed martial law),
and with the assistance of the Goose Creek men, staged an insurrection against Colleton. He
then imprisoned some of the former members of the parliament (appointed by other proprietors)
and called for elections to a new “parliament”– twenty members to join the eight members
appointed by the governor. This single house parliament/governor, convened by Sothell under
contested circumstances, created this code. 3L. H. Roper, “The 1701 ‘Act for the Better Ordering of Slaves’: Reconsidering the History of Slavery in Proprietary South Carolina.” William and Mary Quarterly 64, no. 2 (2007): 395-418

After the remaining proprietors in England heard of Sothell’s actions in Carolina, they
removed him from office along with many of his allies. They appointed a new governor, Philip
Ludwell, who repealed many of the laws enacted under Sothell’s tenure. Despite differences
with Sothell’s government on many matters, the new government agreed on the importance of a
comprehensive code governing slavery. The proprietors repealed this law in September 1691,
but subsequent Carolina Parliaments & Governors supposedly re-adopted many of these
provisions concerning slavery in 1693 (though no copies of those laws can be located), and
certainly borrowed heavily from this code again in 1696. 4On its repeal in September, 1691, see TNA CO 5/288, pp. 186-187; Thomas J. Little, “The South Carolina Slave Laws Reconsidered, 1670-1700.” The South Carolina Historical Magazine 94, no. 2 (1993): 86-101

If one examines this document in comparison to the 1661 Barbados slave code and the
1664 Jamaica slave code, the influence is clear. Many clauses are copied over, at times with
slight alterations of wording. But the differences are also notable. Both the Barbados and
Jamaica slave codes begin with a long preamble which lays out the justification for enacting
such a code, describing the situation of the colony and stating that the laws of England do not
provide a sufficient precedent for their situation. The Carolina slave code dispenses with the
preamble altogether. Another notable difference lies in the categories used to describe enslaved
and free people. Both the Barbados and Jamaica laws contrast “Negroes” with “Christians.” The
Carolina law, in contrast, uses “White.” The Carolina code also regularly discusses both
“Negroes” and “Indians” as enslaved persons. While we know that indigenous people, both from
the Caribbean and mainland North America, formed part of the enslaved populations in late
seventeenth century Jamaica and Barbados, the majority of the enslaved population in both
places were of African descent. In Carolina, in contrast, enslaved indigenous people composed
a very substantial proportion of the enslaved population.5Edward Rugemer, “The Development of Mastery and Race in the Comprehensive Slave Codes of the Greater Caribbean during the Seventeenth Century.” William and Mary Quarterly 70, no. 3 (2013): 429-458; David Barry Gaspar, “With a Rod of Iron: Barbados Slave Laws as a Model for Jamaica, Carolina, and Antigua, 1661-1697.” in Darlene Clark Hine and Jacqueline McLeod, eds. Crossing Boundaries: Comparative History of Black People in Diaspora. (Bloomington, IN: Indiana University Press, 2001): 343-366.Indeed, many of the framers of this act
were heavily engaged in the indigenous slave trade.
Historians of early colonial Carolina have almost invariably relied on an edition of
Carolina’s early laws compiled in the 1840s by David McCord for the text of the 1690 slave code
and many other laws about slavery in the colony.6David Barry Gaspar, “With a Rod of Iron: Barbados Slave Laws as a Model for Jamaica, Carolina, and Antigua, 1661-1697,” in Darlene Clark Hine and Jacqueline McLeod, eds. Crossing Boundaries: Comparative History of Black People in Diaspora. (Bloomington, IN: Indiana University Press, 2001): 343-366. Acts Relating to Charleston, Courts, Slaves, and Rivers, ed. David J. McCord (Columbia, S.C.: printed by A. S. Johnston, 1840), 343-347It is thus particularly instructive to examine
the manuscript version in relation to McCord’s transcript. Most notably, the manuscript includes
a number of amendments and editions, underlines, strike-throughs, and marginalia. It is not yet
clear if these were made contemporaneous with the act’s initial enactment, or reflect, for
example, preparations for crafting the 1696 code presented elsewhere on this site. Regardless,
McCord’s version does not show any of these changes.

Guiding Questions:

  1. What does this law suggest about the primary concerns Carolina’s lawmakers had about slavery and the actions of enslaved people?
  2. Compare this code with the earliest Barbados and Jamaica slave codes. Are there any similarities?  Do you notice any significant differences? How can you categorize those differences? Why do you think? 
  3. Does a pattern stand out to you about the amendments and adjustments made to the text? Why or why not?
    Further Reading
    • Thomas J. Little, “The South Carolina Slave Laws Reconsidered, 1670-1700.” The South Carolina Historical Magazine 94, no. 2 (1993): 86-101
    • L.H. Roper, “The 1701 ‘Act for the Better Ordering of Slaves’: Reconsidering the History of Slavery in Proprietary South Carolina.” William and Mary Quarterly 64, no. 2 (2007): 395-418
    • Edward Rugemer, “The Development of Mastery and Race in the Comprehensive Slave Codes of the Greater Caribbean during the Seventeenth Century.” William and Mary Quarterly 70, no. 3 (2013): 429-458
    Sources

    1 Jack P. Greene, “Colonial Carolina and the Caribbean Connection.”
    The South Carolina Historical Magazine 88, no. 4 (1987): 192-210.
    2 Edward Rugemer, Slave Law and the Politics of Resistance in the Early Atlantic World.
    (Cambridge: Harvard University Press, 2018): 59-66.
    3 L. H. Roper, “The 1701 ‘Act for the Better Ordering of Slaves’: Reconsidering the History of Slavery in Proprietary South Carolina.”
    William and Mary Quarterly 64, no. 2 (2007): 395-418.
    4 On its repeal in September, 1691, see TNA CO 5/288, pp. 186-187.
    5 Thomas J. Little, “The South Carolina Slave Laws Reconsidered, 1670-1700.”
    The South Carolina Historical Magazine 94, no. 2 (1993): 86-101.
    6 Edward Rugemer, “The Development of Mastery and Race in the Comprehensive Slave Codes of the Greater Caribbean during the Seventeenth Century.”
    William and Mary Quarterly 70, no. 3 (2013): 429-458.
    7 David Barry Gaspar, “With a Rod of Iron: Barbados Slave Laws as a Model for Jamaica, Carolina, and Antigua, 1661-1697.” in
    Darlene Clark Hine and Jacqueline McLeod, eds. Crossing Boundaries: Comparative History of Black People in Diaspora.
    (Bloomington, IN: Indiana University Press, 2001): 343-366.
    8 “An Act for the Better Ordering of Slaves,” in The Statutes at Large of South Carolina, ed. Thomas Cooper and David J. McCord,
    vol. 7 of 10, Acts Relating to Charleston, Courts, Slaves, and Rivers, ed. David J. McCord (Columbia, S.C.: printed by A. S. Johnston, 1840), 343-347.

     

    Cite this page
    Slavery Law & Power in Early America and the British Empire (December 21, 2024) 1690 Carolina Slave Code. Retrieved from https://slaverylawpower.org/nhprc-sample-documents/1690-carolina-slave-code/.
    "1690 Carolina Slave Code." Slavery Law & Power in Early America and the British Empire - December 21, 2024, https://slaverylawpower.org/nhprc-sample-documents/1690-carolina-slave-code/
    Slavery Law & Power in Early America and the British Empire September 19, 2024 1690 Carolina Slave Code., viewed December 21, 2024,<https://slaverylawpower.org/nhprc-sample-documents/1690-carolina-slave-code/>
    Slavery Law & Power in Early America and the British Empire - 1690 Carolina Slave Code. [Internet]. [Accessed December 21, 2024]. Available from: https://slaverylawpower.org/nhprc-sample-documents/1690-carolina-slave-code/
    "1690 Carolina Slave Code." Slavery Law & Power in Early America and the British Empire - Accessed December 21, 2024. https://slaverylawpower.org/nhprc-sample-documents/1690-carolina-slave-code/
    "1690 Carolina Slave Code." Slavery Law & Power in Early America and the British Empire [Online]. Available: https://slaverylawpower.org/nhprc-sample-documents/1690-carolina-slave-code/. [Accessed: December 21, 2024]
    1690 Carolina Slave Code

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    Page 1

    {28}

    {NC No. 57}

    An Act For the Better ordering
    of Slaves

    Bee it Enacted by his Excellency William Earle of
    Craven Pallatine and the rest of the true and absolute
    Lords and Proprietors of this Province by and with the
    advice and Consent of the Comons In this present Par-
    liament assembled and it is hereby enacted by the
    authority of the same that noe person whatsoever
    shall [?] or issue give [licence?] to any Negro or Indian Slave Under
    his or their Care Chardge or ownershipp to goo out
    of their Plantations Unless such as usually Waite on
    their Person
     without a Tickett or [any person ?] in [?] White Servant In
    [Perhaps] Which Tickett is to shall be written every Slave expressed their names and numbers
    and all soe from and to what place They are [?] and for [?] on Penalty forof forty
    shillings and paying for takeing up said Slave as runawayes
    and whosoever shall not endeavor to apprehend any
    negro or and Indian Slave, comeing Into their Plantaons
    or Where they have care or Chardge (excepte such as [?] befor excepted
    as aforesaid and apprehending any shall not punish them by
    moderate whipping shall forfeit forty shillings.
    And if any Nigro or Indian Slave shall offer any violence
    by strikeing or the like otherwise to any white person he shall for the
    first offence be severely whipt by the Constable by order
    of any Justice of Peace, and for the second offence by
    like order shall be Severly Whippt, his or her nose
    slitt and face burnt In some place, and for the third
    offence be left to two Justices and Three sufficient
    Freeholders to Inflict death or any other punishment
    according to their discretion, Provided such strikeing
    or Conflict be not by comand off or in lawfull defense
    of their owners Persons or goods.

    Page 2

    And it is Further Enacted that all slaves shall have con-
    venient Clothes once Every yeare and that noe slave
    shall bee free by beComing a Christian but as to payment
    of debts shall bee deemed and taken as all other goods and
    Chattells and where other goods and Chattells are not so
    sufficient to satisfye the said debts then soe many slaves
    only as are necessary as well proportionally out of the
    slaves assigned for dowry as those that belong to the heires
    and Executors shall be sold for payment of debts and all
    nigros and slaves shall be accounted as freehold In all
    other Cases Whatsoever and descend accordingly.

    And it is further Enacted by the authority aforesaid that
    noe person whatsoever except the Sheriff or Goaler shall
    keepe any runaway Slave or Slaves above four dayes
    nor shall Sheriff or Goaler or any other whatsoever
    employ any of them or suffer him her or them In Their
    Custody to want Convenient food and watter on Penalty
    of Forty pounds for Every such offence, and if any
    Person shall suffer any slave to dye In their Custody
    for want of food or Watter or dry and convenient lodgin
    The Sheriff goaler or any other Person in Whose Custody
    the Nigro was shall pay the owner Forty Pounds to be recover
    by an accon*action of debt in any Court of record with in this
    Province or be Lyable to an accon of debt for the same.
    And be it further Enacted by the authority aforesaid That
    whosoever shall take up any runaway slave or slaves that
    such Person or Persons shall bring the said runaways to
    his or their proper owners if They know them and receive
    for their Paines Eight pence per mile for the first five
    miles and six pence per mile for Every mile more Provided
    it exceed not twenty shillings In the whole, but if They
    doe not know the owners then to The Sheriffe or Goaler
    upon Paine or forfeiture for every day he or shee shall
    keepe such Slave or Slaves beyond the said Four dayes
    and Thereof be Convicted by Confession or Verdict The sum

    Page 3

    of Twenty Pounds to be Leavyed by the Sheriffe or Goaler
    or his Lawfull deputy upon the goods and Chattells of the
    Persons soe Neglecting to bring the said runaway and noe
    person shall receive payment for their takeing up any
    slave or slaves till he give and account to the Keeper or Goaler of his own Name
    and place of abode with the Tyme and place when and
    where taken up with an account of the most distinguishing markes and sex
    {name} which account of all such slave or slaves Coming Into his
    Custody the Sheriffe or Goaler shall Cause to be fairly written and fixed
    upon a Publick place in the goale on the penalty of
    Fifty Pounds and the said Sheriffe or Goaler shall
    enter the said account In a booke and alsoe take a
    receipt from the Person to whom he delivers any runaway
    with the name & place of abode a description of the Person to whom delivered and
    In Case The Sheriffe or Goaler refuse to make payment
    for the takeing up any runaway Slave or Slaves and
    Thereof Ooath be made before any Justice of Peace the
    said Justice is hereby authorized to direct the Warrant
    to any Constable to Cause the Value Thereof to be
    immediatly Leavyed Upon the goods of the said Sheriffe
    oR goaler the goods to be sold by publick outcry and satisfacon*satisfaction
    to be made to the party aggreeved complainant returning the over-
    plus*surplus to the said Sheriffe or goaler And that it shall and may
    be Lawfull for the Sheriffe or goaler to detaine and keepe
    In Custody the bodyes of all such runaways till the
    owners of them or their assignes shall pay Unto him
    the full sums of what he soe payd for them with Two
    Shillings in the pound foar laying out the money and
    soe proportionable for a greater or lesser sume and alsoe
    six pence foar Every Twenty Four houres the said slave
    hath been in his Custody, and if the said Sheriffe or goaler
    shall Willingly or negligently suffer any slave or slaves
    to Escape or be imployed or by any wayes or meanes to
    be out of their Custody before he be duely delivered to the
    owners or his assignes then the said Sheriffe or goaler
    shall forfeit to the owners Thirty Pounds for Every

    Page 4

    slave or slaves soe escaping imployed or [being?] out of
    their custodys as aforesaid.

    And be it further Enacted by the authority aforesaid that
    every master or mistress or overseer or a family In This
    Province shall Cause all their slaves houses to be diligently
    and effectually searcht once every month for Clubbs, Guns,
    Swords, and mischevous Weapons and finding any shall
    take them away and Cause them to be destroyed and
    alsoe upon request made to Search the same for Stollen
    Cloathes or any other Things or Comodityes that is not
    given them by their owners or overseers and or honestly
    come by; and In Whose Custody they shall find any
    Thing suspected or knowne to be stollen goods the same
    shall seise and take Into Their Custody and a full and
    {ample} description of the pticulars*particulars thereof in Writting Within
    six dayes after the discovery thereof shall send to The
    sheriffe or goaler for the Tyme being Who is hereby
    required to receive the same and enter upon it the day
    of its receipt, and sett up notice in writteing publickly
    that such goods are found to the end the owner giveing
    the Sheriffe or goaler proofe by marke or otherwise that
    the goods post [so taken] belong to him he may have the same
    paying Twelve pence to the Sheriffe or goaler for his entry and
    declaration of the same and the partyes by whom such
    lost goods are taken into Custody are hereby required
    to make restitution of what is in being to The owner on
    the penalty of Ten Pounds for every neglect by the master
    mistress overseer or Sheriffe or goaler as aforesaid.

    And be it further Enacted by the authority aforesaid
    that if any slave shall take up any runaway he or shee
    shall have the whole benefit Thereof and if any shall
    deprive a slave of the same benefiet and not lay the
    same out in Cloathe or otherwise at the discretion of the
    owner they shall forfeit Treble the Value.

    Page 5

    And it is further Enacted by the Authority aforesaid that
    noe Person Whatsoever shall attempt or endeavour to
    steale or Carry off This Province any slave on Penalty
    of sixty Pounds, but who soever shall actually doe the
    same shall be guilty of Felony and be excluded From
    The benefit of his Clergy.

    And it is Further Enacted by the authority aforesaid
    That Upon Complaint made to any Justice of the Peace
    of any hainous*heinous or grevious Crime Comitted by any
    Slave or Slaves as burglary, robbery, burning of houses
    killing or stealling of any Neat or other Cattle or
    other petty Injuries as maimeing one of the other Stea-
    ling of Fowles Provisions or such like Trespasses or
    Injuries, The said Justice shall Issue his Warrant for
    apprehending The Offenders and for all persons to Come
    before him That Can give Evidence, and if Upon Exami-
    nation it probably appeared That the apprehended are
    guilty he shall comitt Them to prison or take security
    for Their forecomeing as the case shall require and
    {out} alsoe to Certifye to the Justice next to him the said Case
    and to require him by Vertue of This Act to associate
    himselfe to him; which such Justice is hereby required
    to doe and They soe associated are to Issue Their Sumons
    to Three discret and sufficient Freeholders acquainting
    Them with the matter and appointing them a Day
    houre and Place When and Where The Same shall be heard
    and determined att Which Day houre and place the
    said Justices and Freeholders shall Cause the offenders
    and Evidences to Come before Them; and if they on
    hearing (the matter) the said Freeholders being by the said
    Justices first sworne to Judge uprightly and according to
    Evidence) shall adjudge the Criminall or Criminalls
    guilty of the offence Complained off they shall give
    Sentence of Death if the Crime by Law deserve the same
    or such other Punishment as the Crime deserveth and

    Page 6

    Forthwith by Their Warrant Cause Immediate Execution
    to be done by the Comon or any other Executioner in
    Such manner as they shall think fitt, and if the
    Crime Comitted shall not deserve death they shall
    Condemne and adjudge the Criminall or Criminalls to
    the party or Partyes Injured and to his her or their
    {out} heires for ever after They have received such Corporall
    punishment as the said Justices and Freeholders shall
    appoint Unless The owners shall pay to The partyes
    Injured such Sums or sumes of money for the Value
    at such Tyme or Tymes as the Justices and Freeholders
    shall appoint and if any Justice or Freeholders shall
    neglect his Duty above required he shall forfeit twenty
    Pounds.

    Provided Nevertheless That when and as often as any
    of the afore mentioned Crimes be Comitted by more
    then one Nigro That shall deserve death, That Then
    and In all such Cases only one of the said Criminalls
    {out} That shall suffer death as Exemplary, The rest to be
    returned to The Owners which owners of Slaves soe offending
    shall beare proportionably The loss of the said Nigro
    soe putt to death, and also proportionably the damadge
    done by the said Cryminalls to The Party or Partyes
    Injured as shall be allotted Them by the said Justices
    and Freeholders, and if any Person shall refuse to pay
    his Part soe allotted him, That Then and In all such
    Cases the said Justices and Freeholders are hereby required
    to Issue out Their Warrant of distress upon the goods and
    Chattells of the Person soe refuseing and shall Cause
    The same to be sold by the Publick OutCry to Satisfye
    the said money soe allowed him to Pay and to returne
    the overplus if any be to The Owner.

    And it is Further Enacted by the authority aforesaid
    That Every Captain of a Company In this Province shall
    be and is hereby Impowred and required on notice to him
    given of the haunt residence or hideing Place of any

    Page 7

    runaway Slaves to Raise a Convenient Party of men not
    Excedeing Twenty except by Speciall order of the Council and with Them to persue apprehend and
    take the said runaways Either alive or dead and what-
    soever officer shall neglect his or Their Deuty herein
    shall forfeit The sume of twenty Pounds.

    And it is further Enacted by the authority aforesaid That
    if any slave or slaves shall comitt any murther*murder or
    make any Insurrection or rise in rebellion against Their
    Majesties authority or make any Preparation of armes as
    Powder Bulletts as offensive weapons or hold any Conspira-
    cys For raiseing mutines and rebellion, The offender shall
    be Tryed by Two Justices of the Peace and Three able free-
    holders associated togeather as before Expresst who are
    hereby Impowred and required to Try the said Slaves soe
    {out} offending and Inflict death or any other punishment
    upon the said offenders, and fortwith by their Warrant
    Cause Execution to be done by the Comon or any other Exe-
    cutioner In such manner as They shall Think fitt, and
    if any Person shall make away or Conceale any slave
    or Slaves suspected to be guilty of the aforesaid mentioned
    Crime, and not upon demand bring forthwith the suspected
    offender or offenders such Person shall forfeit one hundred
    Pounds.

    And it is further Enacted by The authority aforesaid
    That The Sheriffe or goaler shall give an account In
    writting att Every Sessions with in This Province as often
    {In} as the same shall be hold of what Negroes Slaves he hath In
    Prison with Their Marks and names and The Tyme They
    have been In his Custody and as neare as he can learne
    how long each hath been From his respective owners
    on Penalty of Fifty Pounds for Every default.

    And it is Further Enacted by The authority aforesaid
    That if any Slave by Punishment From the owner
    For runing away or other offence shall suffer In Life
    or Limbe noe Person the owner shall not be Lyable to the Law for the

    Page 8

    same, but if any one out of willfullness wantoness or
    bloody mindedness shall kill a slave he or she upon
    due Conviction Thereof
     shall suffer three months
    Imprisonnement Without Bayle or mainprize and
    alsoe pay The sume of Fifty Pounds to The owner
    of such slave, but if the Person soe offending be
    a servant he or shall shall receive on his or her bare
    Backe nine and Thirty lashes by order of any two
    Justices of the Peace before whom The matter shall be
    proved and after the Expiration of his or her tyme
    with his or her master or mistress he or she shall be further
    Lyable to serve The owner or owners of such slave
    The full terme of Four yeares by order of the said
    Justices of the Peace; in and if any Person shall kill
    a slave stealing In his house or Plantation by night
    and the said slave refuseing to submitt himselfe, such
    Person shall not be Lyable to any damage or action
    For the same any Law Custome or Usage to The Con-
    trary Notwithstanding.

    And it is further Enacted by The authority aforesaid
    That This Act be read and publisht by the Clarke*clerk att
    the next Court of Pleas after The ratification as alsoe
    by the Clarke of the Crowne att The next Sessions on
    Penalty of Five Pounds Sterling for Each Default.

    And be it further Enacted by The authority aforesaid
    That Every master mistris maniger or overseer of any
    Plantation or owner of any Slave or slaves In this
    Part of the Province, shall not after the ratification
    of this Act give or allow any Saturday In the after
    noone to any Negro or Slave as hath been accustomed
    formerly Upon the penalty of […] shillings for Every
    such default made Contrary to the True intent and
    meaneing of this Clause.

    And it is further Enacted by the authority aforesaid, That
    all Penaltys mentioned In This Act and not declared

    Page 9

    Where They shall be recovered or how disposed off not Excee-
    ding forty shillings shall be recovered by Warrant
    From any Justice of the Peace, and all Penaltys Exceed-
    ing forty Shillings shall be recovered by action of
    debt In the Court of Pleas of this Province and moyety
    or halfe Part of all such forfeitures shall be to The
    Publick Use of the Province for buying and Providing
    Powder and ammuntion and The other moyety or halfe
    Part shall be to the Informer or They That shall Sue
    For The Same.

    Read three times and passed
    and ratifyed in open parliament
    this seaventh day of
    February Anno Dom 1690

    Seth Sothell
    G. Muschamp
    John Beresford
    John Harris

    Page 10

    1693

    Old Acts of Assembly
    [?]

    1690
    Four Acts in this volume

    EARLY ACCESS:  Transcription is under editorial review and may contain errors.
    Please do not cite or otherwise reproduce without permission.

    Footnotes

    • 1
      Jack P. Greene, “Colonial Carolina and the Caribbean Connection.” The South Carolina Historical Magazine 88, no. 4 (1987): 192-210;
    • 2
      Edward Rugemer, Slave Law and the Politics of Resistance in the Early Atlantic World. (Cambridge: Harvard University Press, 2018). 59-66
    • 3
      L. H. Roper, “The 1701 ‘Act for the Better Ordering of Slaves’: Reconsidering the History of Slavery in Proprietary South Carolina.” William and Mary Quarterly 64, no. 2 (2007): 395-418
    • 4
      On its repeal in September, 1691, see TNA CO 5/288, pp. 186-187; Thomas J. Little, “The South Carolina Slave Laws Reconsidered, 1670-1700.” The South Carolina Historical Magazine 94, no. 2 (1993): 86-101
    • 5
      Edward Rugemer, “The Development of Mastery and Race in the Comprehensive Slave Codes of the Greater Caribbean during the Seventeenth Century.” William and Mary Quarterly 70, no. 3 (2013): 429-458; David Barry Gaspar, “With a Rod of Iron: Barbados Slave Laws as a Model for Jamaica, Carolina, and Antigua, 1661-1697.” in Darlene Clark Hine and Jacqueline McLeod, eds. Crossing Boundaries: Comparative History of Black People in Diaspora. (Bloomington, IN: Indiana University Press, 2001): 343-366.
    • 6
      David Barry Gaspar, “With a Rod of Iron: Barbados Slave Laws as a Model for Jamaica, Carolina, and Antigua, 1661-1697,” in Darlene Clark Hine and Jacqueline McLeod, eds. Crossing Boundaries: Comparative History of Black People in Diaspora. (Bloomington, IN: Indiana University Press, 2001): 343-366. Acts Relating to Charleston, Courts, Slaves, and Rivers, ed. David J. McCord (Columbia, S.C.: printed by A. S. Johnston, 1840), 343-347