

BOOK III. CHAP. V. ^485 



** The general order, fince the whole began, 

 Is kept in nature, and is kept in man. 

 Order is heaven's firfl law; and, this confeil, 

 Some are, and muji be, greater than the reft." 



CHAP. V. 

 S E C T. I. 



An Abflrafl of the Jamaica Code Noir, or Laws affcding Negroe and 



other Slaves in that Ifland. — And, firfl of, Penal Clauses. 

 Anno 



1696 N° I. Straggling flaves, apprehended without a ticket (or pafs), 

 are to be punifhed with moderate whipping. 



2. Striking or doing violence to a white perfon (except by 

 command of their mafter or employer, or in defence of his 

 perfon or goods), punifliable at difcretion of two juftices 

 and three freeholders, according to ci re urn fiances. 



3. Stolen goods found in the cuftody of a flave — fuch Have on 

 conviction of receiving, knowing them to have been ftolen, 

 to fuffer death, tranfportation, difmembering[/6 ', or other pu- 

 niniment,atthedifcretionoftwoju(lices and three freeholders. 



4. Wilfully returning from tranfportation, death. 



5. Gompaffing or imagining the death of a white perfon, and 

 being attainted thereof by open deed (or ouvert aclj, before 

 two juftices and three freeholders, death. 



6. [/] On complaint made to a juftice of any felony, burglary, 



[/i] This inhuman penalty is entirely obfoletc, and never of late inflided. It is, however, re- 

 proachful to the laws, and ought to be expunged. Fugitives were formerly punilhed here with am- 

 putation of their toes. This execrable baibarity hindered them from running away, but it prevent- 

 ed them likewife from rendering efFeftual fervice to their owner ; and for this reafon, perhaps, more 

 than from ajuft fenfeofits impropriety, it was difcontinued. Men are too often dif|X)fed to be 

 cruel, of their own depraved hearts; and it becomes a Chriftian legiflature not to inflame and encou- 

 jagc, but to reprefs as much as poiEble, this fanguinar}- difpolition, by gi\ing example throughout 

 its penal ordinances, oi jiijlice in meycy. 



[;'] The reafon ot not allowing a jury, inllead of this mode, probably was, the fcarcity of Whites 

 fpiead over the countiy, and that, in a time ot infurreftlon and rebellion, the proceedings could not 

 be too fummary. The fummoning twenty or thirty Whites, in order to make fine of 1 2 appear- 

 ances on the pnnel, would have required too much time and delav, and have often been impiai^Hca- 

 ble. Add to this, that the Whites never confidered ihemfelves as the purfs of the Black?. 'I'hc 

 prefent mode,bytwo juftices, and three freeholders, fiveperfons in all,of vshomthe party immediatclv 

 interefted can never be one, who are indifferent and uiibiaUld, and upon oath to judge uprightl\-, ac- 

 cordinu to evidence, is perhaps fufticicnt to anhvcr all. the ends of impariial judicature with refpevi 

 to thefe people. 



robb 



erv. 



