Freedom was once just a dream that many enslaved Africans fought for. Some boldly ran away and either died trying to escape or eventually found their freedom in the North. Others, such as Elizabeth Key, fought for their freedom in a court of law.
In the early 1600s, when the colonies of America were first established, the government hadn’t fully formed laws around slavery, which allowed some enslaved Africans to gain their freedom. For Key, this was the case. She is known as the first person of African descent to fight for her freedom and win.
Here is her story.
Indentured Servitude
Key’s life began in Warwick, Virginia, in 1630. What would inevitably determine the course of her life was that she was born to a white man, Thomas Key, and an enslaved Black woman whose name is unknown. She was also baptized as a Christian, which would be a significant factor in gaining her freedom.
Since slave laws were not established during the time of her birth and since she was of mixed race, she was labeled as an indentured servant.
Indentured servitude was a concept that arose before the imposition of slave laws. The idea was to attract workers who would help develop the land. It is estimated that one-third to a half of the European immigrants during this time came as indentured servants.
The rules of this servitude were that servants typically worked for a predetermined set of years or until they reached a certain age. Along with allowing many Europeans to resolve their debts or come to the new world with more possibilities, they also received free passage to America, lodging, and eventual freedom in exchange.
It is widely known that the first Africans were brought to Virginia in 1619. However, some historians say that they could be considered indentured servants since slave laws weren’t in place then. Additionally, there were free Blacks in the Spanish and Portuguese colonies.
Nonetheless, life in servitude was not easy and often very restrictive. If those in servitude broke the law, their contracts were extended as punishment. Additionally, if a woman under servitude became pregnant, they were also punished with a longer term of service. Key would eventually earn her freedom, but it wouldn’t come without a fight.
A Life of Uncertainty
When Key’s father decided to move back to England, he arranged for her to live and serve under her godfather, Humphrey Higginson. The expectation under this new arrangement was for Key to be treated like family and receive her freedom once she reached the age of 15. However, things took an unexpected turn when Higginson sold Key to Colonel John Mottram. Under Mottram, Key had to serve another nine years before gaining her freedom.
I can only imagine what it felt like for Key, having been born into a world where she had little to no control of her future. She was sold and traded like a toy while the idea of freedom was dangled over her head.
Path to Freedom
During her servitude under Mottram, she met William Grinstead, a white indentured servant working to become a lawyer. During their time together, they fell in love and had a child named John.
When Mottram died in 1655, the heirs to his estate labeled Key and her son as enslaved people and part of the estate property. By that time, the laws in Virginia had changed, and the first slave laws came into effect in 1661. Key and Grinstead were together but not legally married. Nonetheless, Grinstead was a lawyer who brought Key’s freedom to court, arguing that Key was illegally kept in servitude past her term.
Fortunately, the law was in her favor. The court decided to grant Key and her son their freedom. Uphold by the Virginia House of Burgesses, the law stated that since the father of Key’s child was a freeman, her son was free by default, too. This law also applied to Key since her father was a free man, and she also received freedom. There was also an additional law at the time that said that practicing Christians could not be enslaved.
After gaining her freedom, Key and Grinstead became legally married and had a second son. Unfortunately, Grinstead died in 1661. However, Key continued to have what was believed to be a good life with her two sons. She died on January 20, 1665.
While this was a win for Key and her family, the court’s decision to grant Key her freedom was only a short opportunity for Black indentured servants. In 1660, the Virginia Assembly declared that all Blacks who were indentured servants would become enslaved people for life, and they also removed the law prohibiting Christians from being enslaved. The final nail in the coffin was the establishment of partus sequitur ventrem, which made it legal for any child born of an enslaved woman, also enslaved, regardless of paternity.
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