Code Noir

« The Lakou

Description

Source
Édit du Roi, Touchant la Police des Isles de l’Amérique Française (Paris, 1687), 28–58.
Date
May 6, 1687

Edict of the King:

The Code noir initially took shape in Louis XIV’s edict of 1685. Although subsequent decrees modified a few of the code’s provisions, this first document established the main lines for the policing of slavery right up to 1789. The very first article expels all Jews from the colonies; Jews played a significant but hardly dominant role in the Dutch colonies of the Caribbean region but were not allowed to own property or slaves in the French colonies.

The edict also insisted that all slaves be instructed as Catholics and not as Protestants. For the most part, the code concentrated on defining the condition of slavery (passing the condition through the mother not the father) and establishing harsh controls over the conduct of those enslaved. Slaves had virtually no rights, though the code did enjoin masters to take care of the sick and old.

On the subject of the Policy regarding the Islands of French America

March 1685

Recorded at the sovereign Council of Saint Domingue, 6 May 1687.

Louis, by the grace of God, King of France and Navarre: to all those here present and to those to come, GREETINGS. In that we must also care for all people that Divine Providence has put under our tutelage, we have agreed to have the reports of the officers we have sent to our American islands studied in our presence.

These reports inform us of their need for our authority and our justice in order to maintain the discipline of the Roman, Catholic, and Apostolic Faith in the islands. Our authority is also required to settle issues dealing with the condition and quality of the slaves in said islands.

We desire to settle these issues and inform them that, even though they reside infinitely far from our normal abode, we are always present for them, not only through the reach of our power but also by the promptness of our help toward their needs.

For these reasons, and on the advice of our council and of our certain knowledge, absolute power and royal authority, we have declared, ruled, and ordered, and declare, rule, and order, that the following pleases us:

Article I – Expel all the Jews

We desire and we expect that the Edict of 23 April 1615 of the late King, our most honored lord and father who remains glorious in our memory, be executed in our islands. This accomplished, we enjoin all of our officers to chase from our islands all the Jews who have established residence there. As with all declared enemies of Christianity, we command them to be gone within three months of the day of issuance of the present [order], at the risk of confiscation of their persons and their goods.

Article II – Baptism of All Slaves

All slaves that shall be in our islands shall be baptized and instructed in the Roman, Catholic, and Apostolic Faith. We enjoin the inhabitants who shall purchase newly-arrived Negroes to inform the Governor and Intendant of said islands of this fact within no more that eight days, or risk being fined an arbitrary amount. They shall give the necessary orders to have them instructed and baptized within a suitable amount of time.

Article III – Faith by Coercion

We forbid any religion other than the Roman, Catholic, and Apostolic Faith from being practiced in public. We desire that offenders be punished as rebels disobedient of our orders. We forbid any gathering to that end, which we declare to be conventicle, illegal, and seditious, and subject to the same punishment as would be applicable to the masters who permit it or accept it from their slaves.

Article IV – Catholics Only

  • No persons assigned to positions of authority over Negroes shall be other than a member of the Roman, Catholic, and Apostolic Faith, and the master who assigned these persons shall risk having said Negroes confiscated, and arbitrary punishment levied against the persons who accepted said position of authority.

Article V – Catholics Only (Con’td)

  • We forbid our subjects who belong to the so-called “reformed” religion from causing any trouble or unforeseen difficulties for our other subjects or even for their own slaves in the free exercise of the Roman, Catholic, and Apostolic Faith, at the risk of exemplary punishment.

Article VI – Observe the Sabbath

  • We enjoin all our subjects, of whatever religion and social status they may be, to observe Sundays and the holidays that are observed by our subjects of the Roman, Catholic, and Apostolic Faith. We forbid them to work, nor make their slaves work, on said days, from midnight until the following midnight. They shall neither cultivate the earth, manufacture sugar, nor perform any other work, at the risk of a fine and an arbitrary punishment against the masters, and of confiscation by our officers of as much sugar worked by said slaves before being caught.

Article VII – More on Sabbath Restrictions

  • We forbid them also to hold slave markets or any other market on said days at the risk of similar punishments and of confiscation of the merchandise that shall be discovered at the market, and an arbitrary fine against the sellers.

Article VIII – Not Catholic. No Marriage

  • We declare that our subjects who are not of the Roman, Catholic, and Apostolic Faith, are incapable of contracting a valid marriage in the future. We declare any child born from such unions to be bastards, and we desire that said marriages be held and reputed, and to hold and repute, as actual concubinage.

Article IX – Free Men & Concubinage

  • Free men who shall have one or more children during concubinage with their slaves, together with their masters who accepted it, shall each be fined two thousand pounds of sugar. If they are the masters of the slave who produced said children, we desire, in addition to the fine, that the slave and the children be removed and that she and they be sent to work at the hospital, never to gain their freedom.
  • We do not expect however for the present article to be applied when the man was not married to another person during his concubinage with this slave, who he should then marry according to the accepted rites of the Church. In this way she shall then be freed, the children becoming free and legitimate. . . .

Article XI – Slave Weddings

  • We forbid priests from conducting weddings between slaves if it appears that they do not have their masters’ permission. We also forbid masters from using any constraints on their slaves to marry them without their wishes.

Article XII – Children in Slave Marriages

  • Children born from marriages between slaves shall be slaves, and if the husband and wife have different masters, they shall belong to the masters of the female slave, not to the master of her husband.

Article XIII – Male Slave Marries Free Woman

  • We desire that if a male slave has married a free woman, their children, either male or female, shall be free as is their mother, regardless of their father’s condition of slavery. And if the father is free and the mother a slave, the children shall also be slaves. . . .

Article XV

« Back to the KILTI NOU Index

Posted

in

by

Tags: