Legal Precedents for Slavery and Manumission in Colonial Virginia

Legal precedence played a significant role in the development of Virginia’s slave and manumission laws. Virginia’s society and government is derived from English legal traditions and common law; however, as the colony developed, the Virginia courts and General Assembly produced their own traditions and precedents in response to its growing society. Similarly, the colony’s slave system initially relied on principles from English law but was established in response to Virginia’s unique societal and economic developments through court rulings and laws by the General Assembly. In addition to the laws passed by the Virginia General Assembly, the status of Africans and the establishment of the colony’s slave system can be further revealed through court cases and freedom suits like those of John Punch, John Casor, and Elizabeth Key. Though rare, colonial manumission and its legality can also be traced through colonial court cases. This paper will seek to explore the establishment of Virginia’s slave system and manumission laws in the colonial period through key court cases for those of African descent, like John Punch, John Casor, and Elizabeth Key, and the respective reactionary responses in the General Assembly.