Berkley’s 1662 Return and Slavery’s Legal Introduction

A number of key issues followed Governor Berkeley back into Virginia after his 1662 visit to England. He was to enforce the Navigation Acts, build new towns, and enact new taxes. Arguably, however, an issue had been brewing in the Old Dominion for some time before he returned to power – slavery.

Slavery had not been codified legally, though it had existed in many forms for decades. Two important court cases set the Commonwealth on the pathway toward eventual chattel slavery in 1705. The first case involved Antony Johnson, who’s servant, John Casor, had fled Johnson’s Eastern Shore plantation. Johnson sued Casor, and Casor’s protector. Casor lost, and was ordered to return to Johnson’s control in perpetuity. In all of Virginia’s remaining records, this was the first mention of the term slavery.

The second case, which involved one Elizabeth Key, served to help define who could be considered a slave from birth. Key ultimately won her case, but the laws serving to free her were changed thereafter and soon harmed future generations for centuries.

LINKS TO THE PODCAST:

SOURCES:

  1. Billings, Warren M.; Selby, John E.; and Tate, Thad W. Colonial Virginia: A History. White Plains, NY: KTO Press. 1986.
  2. Billings, Warren M. Sir William Berkeley and the Forging of Colonial Virginia. Baton Rouge, LA: LSU Press, 2004.
  3. Billings, Warren. A Little Parliament: The Virginia General Assembly in the Seventeenth Century. Richmond, VA: Library of Virginia, 2004.
  4. Breen, T.H. and Innes, Stephen. Myne Owne Ground: Race & Freedom on Virginia’s Eastern Shore, 1640-1676. New York: Oxford University Press, 1980.
  5. Craven, Wesley Frank. White, Red, and Black: The Seventeenth Century Virginian. Charlottesville, VA: University of Virginia Press, 1977.
  6. Craven, Wesley Frank. The Southern Colonies in the Seventeenth Century: 1607-1689. LSU Press, 1949.
  7. Dabney, Virginius. Virginia: The New Dominion, A History from 1607 to the Present. Charlottesville, VA: University of Virginia Press, 1971.
  8. Genovese, Eugene. Roll, Jordan, Roll: The World the Slaves Made. New York: Vintage, 1976.
  9. Horn, James. Adapting to A New World: English Society in the Seventeenth-Century Chesapeake. Chapel Hill, NC: University of North Carolina Press, 1994.
  10. Mapp, Alfred J. Virginia Experiment: The Old Dominion’s Role in the Making of America, 1607-1781Lincoln, NE: iUniverse, Inc., 2006.
  11. Neill, Edward D. Virginia Carolorum: The Colony under the Rule of Charles The First and Second, A.D. 1625-A.D. 1685. Albany, NY: Joel Munsell’s and Sons, 1886.
  12. Rothbard, Murray N. Conceived in Liberty. Auburn, AL: Ludwig Von Mises Institute, 1999.
  13. Tyler, Lyon Gardiner. The Cradle of the Republic: Jamestown and the James River. Richmond, VA: The Hermitage Press, 1906.
  14. Wallenstein, Peter. Cradle of America: Four Centuries of Virginia History. Lawrence, KS: University Press of Kansas, 2007.
  15. Walsh, Lorena S. Motives of Honor, Pleasure, and Profit: Plantation Management in the Colonial Chesapeake, 1607-1763. Chapel Hill, NC: University of North Carolina Press, 2010.
  16. Washburn, Wilcomb E. Virginia Under Charles I and Cromwell 1625-1660. Kindle Edition.
  17. Wertenbaker, Thomas Jefferson. Virginia Under the Stuarts: 1607-1688. New York: Russell and Russell, 1959.
  18. Wertenbaker, Thomas Jefferson. The Planters of Colonial Virginia. Kindle Edition.
  19. Wise, Jennings Cropper. Ye Kingdom Of Accawmacke: Or The Eastern Shore Of Virginia In The Seventeenth Century. Richmond, VA: The Bell Book and Stationary, CO. 1911.
  20. The Navigation Act of 1651 (Act passed by Rump Parliament and spurned by Berkeley).
  21. The Navigation Act of 1660 (This is the Act that concerned Virginians before Charles II’s Restoration).
  22. The Navigation Act of 1663 (Argued previous to July 1663 ratification, after Berkeley had returned to Virginia).
Berkeley Signature




All photography used on this site is owned and copyrighted by the author unless otherwise noted. The featured image is of “Court Ruling on Anthony Johnson and His Servant” found in the Northampton County Deeds, Wills, Etc., March 8, 1654/5, 7 (1655–1668), fol. 10 – from the Encyclopedia Virginia.

Music used for this episode – Louis Armstrong and the Mills Brothers,”Carry Me Back to Old Virginia” available on Apple Music, and “Hurricane” by Needtobreathe also available on Apple Music.

Virginia’s Native History – Interview with Dr. Ashley Spivey

Tsenacommacah, that’s what 17th Century English Virginia was called before the English named the land for Queen Elizabeth I. It loosely means “densely inhabited land.” By 17th Century standards the land was pretty well inhabited, and it was inhabited by the many tribes comprising the Powhatan Confederation. That Confederation greatly influenced 17th Century English settlements throughout the century and beyond as some of the Tribes in that alliance still dwell in Virginia today. That being the case, I wanted to bring to light Native Virginian’s fascinating lives and society. And I believe no one could better illustrate their lives and society than Ashley Spivey, herself a Pamunkey Tribe member.

Dr. Ashley Spivey joins me in this episode to discuss Indigenous Virginian history, the changes they felt, and the concerns facing modern Virginian tribes today. She brings to this discussion a spectacular wealth of information that has been forged through her upbringing, impressive academic credentials, and solid history and foundation work throughout Virginia’s landscape. Tune in, you’ll be glad you did!

LINKS TO THE PODCAST:

SOURCES:

  1. Custalow, Linwood “Littlebear”. The True Story of Pocahontas. Golden, CO: Fulcrum Publishing, 2007.
  2. Gallivan, Martin D. James River Chiefdoms: The Rise of Social Inequality in the Chesapeake (Our Sustainable Future). University of Nebraska Press, 2003.
  3. Gallivan, Martin D. The Powhatan Landscape: An Archaeological History of the Algonquian Chesapeake (Society and Ecology in Island and Coastal Archaeology). Gainsville, FL: University of Florida Press, 2016.
  4. Gleach, Frederic. Powhatan’s World and Colonial Virginia: A Conflict of Cultures (Studies in the Anthropology of North American Indians). Lincoln, NE: University of Nebraska Press, 2000.
  5. Lutz, Lara; Gallivan, Martin D.; Turner III, E. Randolph; Brown, David A.; Harpole, Thane; and Moretti-Langholz, Danielle. Virginia Indians at Werowocomoco. Richmond, VA: Virginia Department of Historic Resources, 2015.
  6. Rountree, Helen C. The Powhatan Indians of Virginia: Their Traditional Culture (The Civilization of the American Indian Series). Norman, OK: University of Oklahoma Press, 1989.
  7. Rountree, Helen C. and Turner III, E Randolph. Before and After Jamestown: Virginia’s Powhatans and Their Predecessors (Native Peoples, Cultures, and Places of the Southeastern United States). Gainesville, FL: University of Florida Press, 2002.
  8. Rountree, Helen C. Pocahontas’s People: The Powhatan Indians of Virginia Through Four Centuries (The Civilization of the American Indian Series). Norman, OK: University of Oklahoma Press, 1990.
  9. Rountree, Helen C. Pocahontas, Powhatan, Opechancanough: Three Indian Lives Changed by Jamestown. Charlottesville, VA: University of Virginia Press, 2006.
  10. Spivey, Ashley. “Knowing the River, Working the Land, and Digging for Clay: Pamunkey Indian Subsistence Practices and the MarketEconomy 1800-1900” College of William & Mary, Dissertations, Theses, and Masters Projects.Paper 1516639670, 2017.
  11. Waugaman, Sandra F. and Moretti-Langholz, Danielle. We’re Still Here: Contemporary Virginia Indians Tell Their Stories. Palari Pub, 2000.

BONUS LINKS:

 

 

All photography used on this site is owned and copyrighted by the author unless otherwise noted. The featured image is Dr. Ashley Spivey taken on the Pamunkey Reservation.

Music used for this episode – Louis Armstrong and the Mills Brothers,”Carry Me Back to Old Virginia” available on iTunes, and “Uranus, The Magician” from the Planets Orchestral Suite Op. 32 by Gustav Holst performed by the London Symphony Orchestra, conducted by Sir Colin Davis, also available on iTunes.