An Act declaring the Negro Slaves of this Island to be Real Estate.

 Preamble. Whereas a very considerable part of the Wealth of this Island consists in our Negro slaves, without whose Labour and Service we should be utterly unable to manage our Plantations here, thereby relieving our own Wants, and bringing that considerable increase of Revenue, which this Place affords unto his Majesty's Coffers, as well here as in England.

And whereas Some Law Suits have arisen, and other great Inconveniences have followed, where divers Persons dying Intestate, have left their Right and Interest of their Negro Slaves to be by Law disputed between their Heirs, Executors and Administrators, wherein the various Judgments or Affections of Several Courts of Jurors, have sometimes found for the one, and at other times, for the other. [73] 

For a full remedy of these Inconveniences, and to the intent that the Heir and Widow, who claims Dower, may not have bare Land without Negroes to Manure the same, And also that the Condition, Right and Interest of Negroes, to all other ends and purposes whatsoever may be fully known and determined.

The Deputy Governour, Council and Assembly of Representatives, being willing that all Doubts, and Ambiguities herein should be removed, and the Law in this case declared and put in a certainty, have Ordained and Enacted, 

Clause I - And it is hereby Ordained and Enacted by the Deputy Governour, Council and Assembly, and by Authority of the Same, that from, and after Publication hereof, all Negro Slaves in all Courts of Judicature and other Places within this Island, shall be held, taken, and adjudged to be Estate real, and not Chattels, and shall descend unto the Heirs and Widows of any Person dying Intestate, according to the Manner and Customs of Lands of Inheritance held in Fee-Simple.

Provided always, that no person selling or alienating any of his or her Negroes, is hereby held or obliged to cause such Sale or Alienation to be inrolled, as is accustomed to be done and required by the Law of this Island, in the alienation of other real Estates: Any usuage Law or Custom to the contrary notwithstanding.

Provided that this Act, nor any thing therein contained, shall be taken and deemed to extend unto any Merchant, Factor or Agent, bringing Negro Slaves to this Island, or having the consignment of any Slaves unto them. But in all respects, they, their Executors Administrators or Assigns, may hold, possess and enjoy such Slave or Negroe in such Condition, as they might have done before the making of this Act, until such Sale of such Slave or Slaves hath been made in this Island. Given under my hand the 29th of April, 1668. Signed William Willoughby.

[Copy in Acts of Assembly, passed in the Island of Barbadoes, From 1648, to 1718. John Baskett (1732), p.57-58]