The
Black Code : with the seriousness of the law, it tells the
life and death of those, in fact, who had no history.
beginning
of the short-lived II° Republic. In a few pages, with the seriousness
of the law, it tells the life and death of those, in fact, who had no
history.
In 60 articles, it enlightens the way followed by millions of men, women, and children whose destiny should have been to leave no traces of their passage between their birth and death.
In 60 articles, it enlightens the way followed by millions of men, women, and children whose destiny should have been to leave no traces of their passage between their birth and death.
Preamble
- Louis, King of France and Navarre by the grace of the
Lord, now and for the future, salvation. As we
must care for all the people that the divine providence has put under our obedience, we want to examine the reports sent by the officers of our American islands, in which they informed us about our necessary authority
and justice to maintain the discipline of the Catholic, Apostolic and Roman church, and to settle all about the quality and conditions of slaves in our islands. We want them to know that, although they live in countries very far from France, we are always present, thanks to the extent of our power, and our promptitude to help them in their needs.
For these reasons, in accordance with our Council, and applying our royal power and authority, we said, stated,
must care for all the people that the divine providence has put under our obedience, we want to examine the reports sent by the officers of our American islands, in which they informed us about our necessary authority
and justice to maintain the discipline of the Catholic, Apostolic and Roman church, and to settle all about the quality and conditions of slaves in our islands. We want them to know that, although they live in countries very far from France, we are always present, thanks to the extent of our power, and our promptitude to help them in their needs.
For these reasons, in accordance with our Council, and applying our royal power and authority, we said, stated,
and
ordered what follows :
Article 1 - We want the edit of the late king of glorious memory,
our very honoured Lord and father, of April 23rd of 1615, to be enforced
in our islands. Therefore, we order our officers to expel of our islands
every resident Jews, as well as every enemy of the Christian name. We
order them to go away within a period of three months from the publication
day of this law, otherwise we will confiscate all their goods.
Article 2 - Every slaves in our islands will be baptised
and educated in the Catholic, Apostolic and Romanreligion. Inhabitants
who will buy new-coming slaves will have to notify it to the governor
and the bursar of the islands within a week, on pain of a fine. The last
mentioned will give orders in order to educate and baptize these slaves
in a suitable time.
Article 3 - We forbid every public services of other
religion than the Catholic, Apostolic, and Roman one ; we
want
the offenders to be punished as for rebels. Every no-catholic meeting
will be banned and declared illicit and seditious. Every master who will
allow these meetings or feel pity for his slaves will be equally punished.
Article 4 - Commanders in charge of slaves' management
who are not of the Catholic, Apostolic and Roman religion are not allowed.
Failing this, slaves will be confiscated to their masters, and commanders
who accepted the management will be punished.
Article
5 - It is forbidden for people who profess the reformed religion
to carry any trouble or any difficulty to other people , including their
slaves, in the free exercise of the Catholic, Apostolic and Roman religion.
Failing this, they will be exemplarily punished.
Article 6 - Every subject, no matter what are his qualities
and conditions, has to observe Sundays and Holidays, which are saved by
our subjects of the Catholic, Apostolic and Roman religion. As well as
their slaves, they are not allowed to work during these days, from midnight
to next midnight, in lands under
cultivation,
in sugar manufactures, or at any other task. Failing this, masters will
be punished, they will have a fine, and slaves caught in the act will
be confiscated as well as the sugar.
Article 7 - It
is also forbidden to run a market of slaves or of any other goods during
these days. Otherwise, merchandises on the market will be confiscated,
and merchants will have a fine.
Article 8 -We declare our subjects who are not from the
Catholic, Apostolic and Roman religion, unable to
contract
no valid marriage in the future. We declare bastard every child who will
be born of such conjunctions, and we want these unions to be acknowledge
as true concubinage.
Article 9 - Free men who would have one or several children of their concubinages with their slaves, as well as masters who would allow it, will be condemned to pay a fine of two thousand pounds of sugar. And if they are the owners of the slave who is the mother of these children, in addition of the fine, we want the slave and her children to be confiscated to the hospice ‘s advantage, without any possibility to be emancipated. However, this
Article 9 - Free men who would have one or several children of their concubinages with their slaves, as well as masters who would allow it, will be condemned to pay a fine of two thousand pounds of sugar. And if they are the owners of the slave who is the mother of these children, in addition of the fine, we want the slave and her children to be confiscated to the hospice ‘s advantage, without any possibility to be emancipated. However, this
article
will not be applied if this free man was not already married during his
concubinage with her slave. In this case, he will marry her slave according
to the forms observed by the church, she will be emancipated by this means,
and the children will be free and legitimate.
Article 10 - Solemnities for marriage prescribed by the edict of Blois and the declaration of November 1639 will be observed for free people as well as for slaves. Nevertheless, father’s and mother’s consent will not be necessary, but only the master’s consent.
Article 10 - Solemnities for marriage prescribed by the edict of Blois and the declaration of November 1639 will be observed for free people as well as for slaves. Nevertheless, father’s and mother’s consent will not be necessary, but only the master’s consent.
Article 11 - We forbid very expressly priests to marry slaves if they have no consent of their master. We also forbid masters to force their slaves to get married without their wish.
Article 12 - Children who will be born of marriages between slaves will be slaves and will belong to the master of the slave mother, and not to the husband’s master, if the husband and the mother have different masters.
Article
13 - If a slave man married a free woman, we want the children,
boys and girls, to follow their master’s condition and to be free
like her, although their grand-mother was a slave. If the father is free
and the mother is a slave, children will be slaves.
Article 14 - Masters will have to put their baptized slaves into the holy ground of a cemetery. For those who will die without being baptized, they will be buried by night near where they died.
Article 14 - Masters will have to put their baptized slaves into the holy ground of a cemetery. For those who will die without being baptized, they will be buried by night near where they died.
Article
15 - We forbid slaves to carry offensive weapons or big sticks.
Failing this, slaves will be punished of whipping and arm confiscation.
The only exception is for those who will be sent to hunting by their masters,
and who will carry their master's ticket or known mark.
Article 16 - We also forbid slaves who belong to different masters to gather by day or by night, for weddings or any other reason, at one of the masters’ house or anywhere else, and even less on high ways or in a remote
place. Failing this, these slaves will suffer a corporal punishment, which could not be less than whipping or
Article 16 - We also forbid slaves who belong to different masters to gather by day or by night, for weddings or any other reason, at one of the masters’ house or anywhere else, and even less on high ways or in a remote
place. Failing this, these slaves will suffer a corporal punishment, which could not be less than whipping or
some
blows of lily flower. In case of regular subsequent offences and other
worsened circumstances, slaves could suffer the death penalty, but we
let the decision to judges. We charge our subjects to pursue the rebels,
to stop and lead them to jail, although they are neither officers nor
in charge of that task by a decree.
Article 17 - Masters who will allow such assemblies, composed of other slaves than their own ones, will be condemned in their own and private names, to repair all the damages done to neighbours during these assemblies, and to pay ten pounds for the first time, and the double for a second offence.
Article 17 - Masters who will allow such assemblies, composed of other slaves than their own ones, will be condemned in their own and private names, to repair all the damages done to neighbours during these assemblies, and to pay ten pounds for the first time, and the double for a second offence.
Article
18 - DWe forbid slaves to sell sugar cane in any circumstance,
even with their master's permission. Failing this, they will suffer a
whipping punishment, and the masters will be fined 10 pounds as well as
for buyers.
Article 19 - Moreover, we forbid them to sell on the market, or to bring to private houses, every kind of goods, even fruits, wood to burn or grass, without the permission of their master by a ticket or a known mark. Failing this, our officers will confiscate these goods without paying it to masters, and buyers will be fined 6 pounds.
Article 19 - Moreover, we forbid them to sell on the market, or to bring to private houses, every kind of goods, even fruits, wood to burn or grass, without the permission of their master by a ticket or a known mark. Failing this, our officers will confiscate these goods without paying it to masters, and buyers will be fined 6 pounds.
Article
20 - For these reasons, we want, on each market, two people named
by our officers to be in charge of controlling goods and merchandises
brought by slaves, as well as tickets and known marks of their masters.
Article 21 - We allow all our island's inhabitants to seize everything belonging to slaves if they do not have their masters' ticket or known mark. It will be given directly to the masters if the houses are close to the place where slaves were caught. Otherwise, it will be sent directly to the hospice in order to be stocked until the master has
Article 21 - We allow all our island's inhabitants to seize everything belonging to slaves if they do not have their masters' ticket or known mark. It will be given directly to the masters if the houses are close to the place where slaves were caught. Otherwise, it will be sent directly to the hospice in order to be stocked until the master has
been
warned.
Article 22 - Every week, masters will have to provide to each slave who is 10 or more two jars and a half of manioc flavour (measure of the country) , or 3 cassavas of two pounds and a half each at least, or equal things, with two pounds of salted beef, or three pounds of fish, or other things in proportion ; for children, from their weaning until they are ten years old, half of the food previously described will be provided.
Article 22 - Every week, masters will have to provide to each slave who is 10 or more two jars and a half of manioc flavour (measure of the country) , or 3 cassavas of two pounds and a half each at least, or equal things, with two pounds of salted beef, or three pounds of fish, or other things in proportion ; for children, from their weaning until they are ten years old, half of the food previously described will be provided.
Article
23 - We forbid masters to give cane brandy to slaves instead
of the food described before.
Article 24 - We also forbid them to let their slaves buy their own food, by enabling them to work for their own count some days of the week.
Article 25 - Every year, masters have to provide for each slave two canvas clothes or four canvas alders, in accordance with the masters' wishes.
Article 24 - We also forbid them to let their slaves buy their own food, by enabling them to work for their own count some days of the week.
Article 25 - Every year, masters have to provide for each slave two canvas clothes or four canvas alders, in accordance with the masters' wishes.
Article
26 - Slaves who will not be fed, dressed and supported by their
masters will be able to tell it to our general public prosecutor, and
to give him a report. If he receives several such reports, he will bring
proceedings against these masters, what we want to be observed for crimes
and barbaric and inhuman treatments of masters on their slaves.
Article 27 - Slaves disabled by old age, illness or other, whether the illness is incurable or not, will be fed and
Article 27 - Slaves disabled by old age, illness or other, whether the illness is incurable or not, will be fed and
supported
by their masters. If they have been abandoned, these slaves will be admitted
at the hospice and their masters will be condemned to pay six sols a day
for the food and support of each slave.
Article 28 - We declare that slaves cannot have anything that does not belong to their masters. All the things they obtained by cunning or thanks to the liberality of other people, or by other means, will belong to their master. Slaves' children, fathers, mothers, relatives, or any other free or slave person will not be able to ask for
inheritance rights or donation inter vivos or because of a death. Every donation, promise or obligation made by
Article 28 - We declare that slaves cannot have anything that does not belong to their masters. All the things they obtained by cunning or thanks to the liberality of other people, or by other means, will belong to their master. Slaves' children, fathers, mothers, relatives, or any other free or slave person will not be able to ask for
inheritance rights or donation inter vivos or because of a death. Every donation, promise or obligation made by
slaves
is declared invalid and made by people unable to dispose and to contract
on their own.
Article 29 - Nevertheless, we want masters to be responsible for what they have ordered to their slaves, for what they have managed and negotiated in shops, and for the particular kind of trade slaves were put in charge of. If masters have given no orders, they will be responsible for what they earned. If masters have earned nothing, the money they let their slaves have will be let to these slaves, after the deduction of the amount due to the master. Otherwise, if the money consist in merchandises that slaves can trade for their own count, masters
Article 29 - Nevertheless, we want masters to be responsible for what they have ordered to their slaves, for what they have managed and negotiated in shops, and for the particular kind of trade slaves were put in charge of. If masters have given no orders, they will be responsible for what they earned. If masters have earned nothing, the money they let their slaves have will be let to these slaves, after the deduction of the amount due to the master. Otherwise, if the money consist in merchandises that slaves can trade for their own count, masters
will only deduct a tax relative to the propriety of the land.
Article 30 - Slaves will not be able to take part in offices or commissions of the public service, neither to be named agent by anybody except their master to manage or administrate any trade, nor to become referees, experts or witnesses in civil or criminal trials. If they are called to testify, their evidence will only be used as a statement of case to help judges to clarify the case, and it will not be used for a presumption, a conjecture, or an evidence.
Article 30 - Slaves will not be able to take part in offices or commissions of the public service, neither to be named agent by anybody except their master to manage or administrate any trade, nor to become referees, experts or witnesses in civil or criminal trials. If they are called to testify, their evidence will only be used as a statement of case to help judges to clarify the case, and it will not be used for a presumption, a conjecture, or an evidence.
Article 31 - Slaves will not be able to take part in any civil judgement, neither as a complainant nor as a defendant, nor being associated in a court action with the public prosecutor. Masters will be able to defend their slaves in civil law, and to prosecute people who hurt or abused their slaves.
Article 32 - Anybody will be able to bring criminal proceedings against slaves without the responsibility of their master, except in case of complicity. These slaves will be judged by ordinary judges in a country court, and on
appeal in the Supreme Council, with the same formalities as for free people.
Article 33 - A slave who will hit his master, his mistress, the husband of his mistress or their children, with bruises or bloodsheds, or at face, will be sentenced to death.
Article 34 - We also want abuses and violent acts of slaves against free people to be hardly punished, even by death penalty.
Article 33 - A slave who will hit his master, his mistress, the husband of his mistress or their children, with bruises or bloodsheds, or at face, will be sentenced to death.
Article 34 - We also want abuses and violent acts of slaves against free people to be hardly punished, even by death penalty.
Article
35 - Slaves or emancipated people committing robberies, even
of horses, mules and cows, will be afflictively punished, even by death
penalty.
Article 36 - Slaves stealing sheep, goats, pigs, poultries, sugar canes, peas, mil, manioc or other vegetables, will be punished according to the robbery. Judges will be able to condemn slaves to be hit with verges by the high justice executor, and branded with a lily flower.
Article 36 - Slaves stealing sheep, goats, pigs, poultries, sugar canes, peas, mil, manioc or other vegetables, will be punished according to the robbery. Judges will be able to condemn slaves to be hit with verges by the high justice executor, and branded with a lily flower.
Article
37 - If robberies or other damages are caused by their slaves,
masters will have to repair these damages in their own name, in addition
to the slaves corporal punishment. Instead of paying the fine, masters
are allowed to give these slaves to the person who suffered the damages,
what they have to choose in the three days following the condemnation.
Otherwise, they will have to pay the fine.
Article 38 - The fugitive slave who will escape during a month, from the day when his master denounced him to justice, will have his ears cut and he will be branded with a lily flower on his shoulder. If he does it again, he will
Article 38 - The fugitive slave who will escape during a month, from the day when his master denounced him to justice, will have his ears cut and he will be branded with a lily flower on his shoulder. If he does it again, he will
have
his ham cut and he will be branded with a lily flower on the other shoulder.
The third time, he will be sentenced to death.
Article 39 - Emancipated people who will accept fugitive slaves in their house will be condemned to pay to the masters a fine of three hundred pounds of sugar for each day of retention.
Article 40 - Slaves sentenced to death after the denunciation of their masters, without any complicity of crime,
Article 39 - Emancipated people who will accept fugitive slaves in their house will be condemned to pay to the masters a fine of three hundred pounds of sugar for each day of retention.
Article 40 - Slaves sentenced to death after the denunciation of their masters, without any complicity of crime,
will be valued before their execution by two inhabitants of the island
named by the judge. This valued amount will be paid to the master. The
bursar will tax the amount of the whole valuation which will be collected
by the farmers of the "Royal Land of Occident" in order to avoid
public expenses.
Article 41 - We forbid judges, public prospectors and clerks of the Court to tax any slave in a criminal trial. Failing this, they will be judged for misappropriation of public funds.
Article 41 - We forbid judges, public prospectors and clerks of the Court to tax any slave in a criminal trial. Failing this, they will be judged for misappropriation of public funds.
Article
42 - Only masters will be allowed to chain their slaves and to
beat them with verges or ropes when they will consider that slaves deserve
it. We forbid masters to torture and to mutilate their slaves. Failing
this, slaves will be confiscated and masters will be judged by extraordinary
masters.
Article 43 - we charge our officers to bring criminal proceedings against masters and commanders who killed a slave who was under their power, and to punish the murderer in accordance with the atrocity of the
Article 43 - we charge our officers to bring criminal proceedings against masters and commanders who killed a slave who was under their power, and to punish the murderer in accordance with the atrocity of the
circumstances.
In case of dismissal, we allow our officers to expel these dismissed masters
and commanders,
with no need for a letter of pardon.
Article 44 - We declare that slaves are movables, so that they enter in the community, they cannot be subject to a mortgage, they are equally shared between the coheirs without any eldest right, they are not subject to the usual dower, to feudal and lineage withdrawals, to feudal and Lorded rights, to decree formalities, and to deductions of the four Quints, in case of clauses of a will.
with no need for a letter of pardon.
Article 44 - We declare that slaves are movables, so that they enter in the community, they cannot be subject to a mortgage, they are equally shared between the coheirs without any eldest right, they are not subject to the usual dower, to feudal and lineage withdrawals, to feudal and Lorded rights, to decree formalities, and to deductions of the four Quints, in case of clauses of a will.
Article
45 - But we do not want to deprive our subjects of the faculty
to stipulate these rights which belong to them and their family, as is
the usual practice for money and other movables.
Article 46 - For slave seizures, the formalities of our edicts and the customs for movables' seizures will be applied. We want the money coming from these seizures to be distributed in the seizure order. In case of a
financial collapse, we want the privileged debts to be paid first, and the situation of slaves and other movables t o be settled, except for the following cases.
Article 46 - For slave seizures, the formalities of our edicts and the customs for movables' seizures will be applied. We want the money coming from these seizures to be distributed in the seizure order. In case of a
financial collapse, we want the privileged debts to be paid first, and the situation of slaves and other movables t o be settled, except for the following cases.
Article
47 - Every seizures and separate sales will be declared null
and void, as well as for voluntary alienations. Masters who will practise
these alienations will be condemned to give the rest of the family to
the purchaser, without any additional charge.
Article 48 - Moreover, slaves who are working at the moment in sugar factories, indigo-plant factories, or private houses, aged between fourteen and sixty, cannot be seized for debt, except if they are not totally purchased, or
Article 48 - Moreover, slaves who are working at the moment in sugar factories, indigo-plant factories, or private houses, aged between fourteen and sixty, cannot be seized for debt, except if they are not totally purchased, or
if the sugar factory, or indigo-plant factory, or private house where
they are working is really seized. We forbid purchasers to buy sugar factories,
indigo-plant factories, or private houses by seizure or auctioning without
including slaves who work in and who are aged between 14 and 60. failing
this, the purchase will be declared null and void.
Article 49 - Judiciary farmers who will seize sugar factories, indigo-plant factories or private houses, including slaves who work in will have to pay the whole price of their lease. Slave children who will be born during this
Article 49 - Judiciary farmers who will seize sugar factories, indigo-plant factories or private houses, including slaves who work in will have to pay the whole price of their lease. Slave children who will be born during this
lease will not become the propriety of these farmers.
Article 50 - We declare, and any contrary convention will be declared null and void, that every slave children will belong to the seized part if the creditors are satisfied, and to purchasers if a decree intervenes. To that end, in the last public notice before the establishment of the decree, we will mention slave children born since the seizure. In the same notice, we will mention slaves who died since the seizure, when they were still alive.
Article 50 - We declare, and any contrary convention will be declared null and void, that every slave children will belong to the seized part if the creditors are satisfied, and to purchasers if a decree intervenes. To that end, in the last public notice before the establishment of the decree, we will mention slave children born since the seizure. In the same notice, we will mention slaves who died since the seizure, when they were still alive.
Article
51 - In order to avoid extra expenses and long proceedings, we
want the whole amount of the sale by auction to be distributed between
creditors, according to their privileges and mortgage order, with no distinction
between the price of funds and the price of slaves.
Article 52 - Nevertheless, feudal and Lords rights will only be paid in proportion of the price of funds.
Article 53 -People of noble lineage and feudal Lords will be allowed to withdraw these funds only when the
Article 52 - Nevertheless, feudal and Lords rights will only be paid in proportion of the price of funds.
Article 53 -People of noble lineage and feudal Lords will be allowed to withdraw these funds only when the
slaves sold together with these funds will have been withdrawn. In the
same way, purchasers will not be able to take the slaves if funds are
not left.
Article 54 - Bourgeois and noble guards, people who obtained the management of the factories where slaves work, will have to lead these slaves as good family fathers. They will not be responsible and they will not have to pay for slaves who died, who were undermined by illness, old age or other reasons without their fault. Slave children who will be born during their management will not belong to them but to their former masters and
Article 54 - Bourgeois and noble guards, people who obtained the management of the factories where slaves work, will have to lead these slaves as good family fathers. They will not be responsible and they will not have to pay for slaves who died, who were undermined by illness, old age or other reasons without their fault. Slave children who will be born during their management will not belong to them but to their former masters and
owners.
Article 55 - Twenty years old masters will be able to emancipate their slaves by all acts, without having to explain their action, or needing the parents' opinion, even if they are under 25 years old.
Article 56 - Slaves who have been made sole legatee by their masters, or named executors of their will, or legal guardians of their children will automatically become emancipated.
Article 55 - Twenty years old masters will be able to emancipate their slaves by all acts, without having to explain their action, or needing the parents' opinion, even if they are under 25 years old.
Article 56 - Slaves who have been made sole legatee by their masters, or named executors of their will, or legal guardians of their children will automatically become emancipated.
Article
57 - We consider that slaves who were emancipated in our islands
are born in our islands, and that they do not need our naturalizing letters
to be in full possession of our natural subjects' advantages in our kingdom,
lands and countries under our obedience, even if they are born in foreign
countries.
Article 58 - We order emancipated people to give a singular respect to their former masters, to their widows and their children. If they insult them, they will be punished harder than if they insult other people. But
Article 58 - We order emancipated people to give a singular respect to their former masters, to their widows and their children. If they insult them, they will be punished harder than if they insult other people. But
emancipated
people are declared free and all square with them of any other price,
service or right that former owners would like to apply, on their body
or their goods.
Article 59 - Emancipated people will have the same rights, privileges and immunities as people who were born free. The credit they deserve for an acquired freedom, for them or for their goods, must give them the same happiness as for the natural liberty of our subjects.
Article 59 - Emancipated people will have the same rights, privileges and immunities as people who were born free. The credit they deserve for an acquired freedom, for them or for their goods, must give them the same happiness as for the natural liberty of our subjects.
Article 60 - We declare that every confiscation and fine
belong to us and that it must be paid or given to peoplewho are in charge
of our salaries benefits in the islands. Nonetheless, we want a third
part of these confiscations and fines to be paid to the hospice of the
island where it took place.
We mandate our subjects who lead the Supreme Council in Martinique, in Guadeloupe, and in Saint-Christopher to read, publish and record these laws in the islands, and to apply and observe their content point by point, without contravening, or let anyone contravening, to their form and content in any case, even if these
We mandate our subjects who lead the Supreme Council in Martinique, in Guadeloupe, and in Saint-Christopher to read, publish and record these laws in the islands, and to apply and observe their content point by point, without contravening, or let anyone contravening, to their form and content in any case, even if these
laws
are conflicting with old edicts, declarations, decrees or customs. In
order to set it forever, we affix our seal to these laws.
Made in Versailles in March 1685, during the forty-second reign. Signed by King Louis, and then by Colbert and Le Tellier
Made in Versailles in March 1685, during the forty-second reign. Signed by King Louis, and then by Colbert and Le Tellier
Convoy
of slaves
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