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December 1662

LegislationSupplement

Virginia makes children’s bondage follow the mother

Virginia; enslaved women and their children

In December 1662, Virginia’s General Assembly declared that children born in the colony would be bound or free according to their mother’s status. A child born to an enslaved woman could therefore be enslaved even if the father was English and free. Hereditary enslavement gave enslavers a financial interest in enslaved women’s childbearing.

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Context / qualification

Act XII applied to colonial Virginia, not all colonies or the later United States. Its preamble refers to an Englishman and a Black woman; it does not use the word “white.” The same act doubled the existing fornication fine for Christians with Black partners. Historians connect hereditary enslavement to reproductive coercion and sexual exploitation; those consequences are distinct from the statute’s stated concern about children’s status. The act does not explicitly authorize sexual assault. Earlier freedom claims could invoke a free father, as the 1656 Elizabeth Key committee report shows, but that does not establish a uniform earlier rule. December identifies the legislative session, not a verified enactment day.

Sources

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Indigenous societies and colonial beginnings

European expansion transformed existing Indigenous worlds and began the legal and economic systems that would racialize land, labor, and belonging.

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