Mary Aggie facts for kids

Mary Aggie was an enslaved African-American woman who became famous for her part in a court case. This case led to an important change in the law in Virginia, allowing enslaved people to use a legal protection called "benefit of clergy."

Who Was Mary Aggie?

Mary Aggie lived in Virginia during the 1700s. She was an enslaved woman, which meant she was not free and was forced to work for others. Her story shows how difficult life was for enslaved people and how some bravely tried to fight for their rights.

Fighting for Freedom

In the late 1720s, Mary Aggie tried to sue for her freedom. This was a very brave thing to do, but her attempt was not successful. However, her case caught the attention of Governor William Gooch, who was in charge of the trial. Governor Gooch believed that Mary Aggie had shown she was a Christian, which would become important later.

A Legal Challenge

In September 1730, Mary Aggie faced another serious challenge. She was accused of stealing valuable items from her owner, Annie Sullivan. This was considered a very serious crime at the time, and it could lead to a very harsh punishment. Mary Aggie was brought to trial in York County, Virginia.

What Was 'Benefit of Clergy'?

"Benefit of clergy" was an old legal rule. Originally, it allowed members of the clergy (like priests) to avoid severe punishments for certain crimes if they could read a passage from the Bible. Over time, this rule was sometimes used by other people too, especially if they could read. For enslaved people, being able to claim "benefit of clergy" could mean avoiding the death penalty for certain crimes.

Governor Gooch's Support

When Governor Gooch heard about Mary Aggie's situation, he sent a lawyer to watch her trial. Mary Aggie tried to use the "benefit of clergy" protection again, but the court denied her request. Governor Gooch disagreed with this decision and appealed it, meaning he asked for a higher court to review it.

A Landmark Decision

The judges couldn't agree on Mary Aggie's case, so it was sent all the way to England for a final decision. On May 6, 1731, Mary Aggie was pardoned, which meant she was forgiven for the crime. However, there was a condition: she had to leave Virginia.

Then, on July 1, 1732, the Virginia General Assembly (Virginia's government) made a very important ruling. They decided that "any Negro, mulatto or Indian whatsoever" could claim "benefit of clergy." This was a big victory for Governor Gooch and a step forward for the rights of enslaved people and Native Americans.

New Rules and Restrictions

Even though this new law was a victory, it also had some strict rules. It limited how often enslaved people or Native Americans could use this legal protection. The law also had other negative effects. For example, enslaved people and Native Americans were generally not allowed to speak as witnesses in court, except in very specific situations, like if an enslaved person was accused of a very serious crime. The law also allowed courts to use other physical punishments instead of the death penalty.