During the seventeenth century, British colonial legislatures in North America adopted the legal doctrine of *partus sequitur ventrem*. Under this doctrine, how was the legal status of a newborn child determined?
- The child inherited the legal status of the mother, ensuring that children born to enslaved women were enslaved for life.Answer
- BThe child inherited the legal status of the father, maintaining the standard practice of English common law.
- CThe child was declared temporarily bound to service until age twenty-one, after which they were automatically freed.
- DThe child's status was determined by their place of birth, with any child born in the colonies automatically becoming a free subject.
Answer
The child inherited the legal status of the mother, ensuring that children born to enslaved women were enslaved for life.
The legal doctrine of *partus sequitur ventrem* ('that which is brought forth follows the womb') established that a child's legal status followed the status of the mother. In colonial America, this meant that any child born to an enslaved woman inherited her status as enslaved property, thereby legally institutionalizing hereditary chattel slavery. This law also ensured that the children of enslaved women and white fathers (often their enslavers) remained enslaved, protecting the property interests of enslavers.
Step-by-Step Solution
Key Concept
Partus Sequitur Ventrem and the Legal Codification of Hereditary Slavery