they were held as chattel or
real estate, without a written certificate or pass from their master,
which was only granted under the most urgent circumstances.[184] If
they dared lift a hand against any white man, or "Christian" (?) as
they loved to call themselves, they were punished by thirty lashes;
and if a slave dared to resist his master while he was correcting him,
he could be killed; and the master would be guiltless in the eyes of
the law.[185] If a slave remained on another plantation more than four
hours, his master was liable to a fine of two hundred pounds of
tobacco.[186] And if any white person had any commercial dealings with
a slave, he was liable to imprisonment for one month without bail, and
compelled to give security in the sum of ten pounds.[187] If a slave
had earned and owned a horse and buggy, it was lawful to seize
them;[188] and the church-warden was charged with the sale of the
articles. Even with the full permission of his master, if a slave were
found going about the colony trading any articles for his or master's
profit, his master was liable to a fine of ten pounds; which fine went
to the church-warden, for the benefit of the poor of the parish in
which the slave did the trading.[189]

In all the matters of law, civil and criminal, the slave had no
rights. Under an act of 1705, Catholics, Indian and Negro slaves, were
denied the right to appear as "witnesses in any cases whatsoever,"
"not being Christians;"[190] but this was modified somewhat in 1732,
when Negroes, Indians, and Mulattoes were admitted as witnesses in the
trial of slaves.[191] In criminal causes the slave could be arrested,
cast into prison, tried, and condemned, with but one witness against
him, and sentenced without a jury. The solemnity and dignity of "trial
by jury," of which Englishmen love to boast, was not allowed the
criminal slave.[192] And, when a slave was executed, a value was fixed
upon him; and the General Assembly was required to make an
appropriation covering the value of the slave to indemnify the
master.[193] More than five slaves meeting together, "to rebel or make
insurrection" was considered "felony;" and they were liable to
"suffer death, and be utterly excluded the benefit of clergy;"[194]
but, where one slave was guilty of manslaughter in killing another
slave, he was allowed the benefit of clergy.[195] In case of burglary
by a slave, he was not allowed the benefit of the clergy, except "said
breaki