Mary Aggie
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Mary Aggie was an enslaved African-American known for participating in a trial that resulted in a change in Virginia's statute law that allowed enslaved people to claim
benefit of clergy In English law, the benefit of clergy (Law Latin: ''privilegium clericale'') was originally a provision by which clergy Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, ...
. In the late 1720s, Aggie tried to sue for her freedom. The attempt was unsuccessful, but caught the attention of Lieutenant Governor William Gooch, who presided over the trial and believed that Aggie had made a good case of establishing her belief in Christianity. This proved to be beneficial when, in September 1730, she was indicted for stealing goods valued at forty shillings from her enslaver, Annie or Anne Sullivan. The value of the goods was enough to make it a felony, which was punishable by death during this time period, and Aggie was brought to trial in
York County, Virginia York County (formerly Charles River County) is a county in the eastern part of the Commonwealth of Virginia, located in the Tidewater. As of the 2020 census, the population was 70,045. The county seat is the unincorporated town of Yorktown. L ...
. Upon hearing of her predicament, Gooch sent an attorney to monitor the trial. Aggie again tried to plead for the benefit of clergy but was denied, and Gooch appealed the decision. The appeal was divided, and the case was referred to England for a final ruling. On May 6, 1731, Aggie was pardoned on the condition that she leave Virginia. On July 1, 1732, the
Virginia General Assembly The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, the oldest continuous law-making body in the Western Hemisphere, the first elected legislative assembly in the New World, and was established on July 30, 161 ...
ruled that "any Negro, mulatto or Indian whatsoever" could claim benefit of clergy. While this was a victory for Gooch, the new law was also restrictive since it limited the number of instances where enslaved people, Blacks, or Indians could use this plea. The law also had other detrimental effects, as these people would now be unable to give testimony in court for any reason other than an enslaved person being brought up for a
capital offense Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
and would also enable courts to use other forms of corporal punishment other than death.


Notes

*Scholars differ on the spelling of Sullivan's first name.


References

{{reflist 18th-century American slaves 18th-century African-American women 18th-century African-American people African-American history of Virginia People from Virginia