very, with concomitant practices full as bad as any that the West Indies can furnish. Knowing these things, I cannot be greatly interested in favour of the blacks.

But I exceedingly regret the prevalence of slavery and the slave trade. All absolute power, has a direct tendency, not only to detract from the happiness of the persons who are subject to it, but to deprave the good qualities of those who possess it. I have no right to say that it makes men careless, unfeeling, and unjust, as to the sufferings of a fellow creature, because these dispositions are very frequently indeed counteracted by the natural good qualities of the master, and by the general manners of civilized society, at a period when kindness and humanity are fostered and respected by public opinion: but the whole history of human nature, in the present and every former age, will justify me in saying that such is the tendency of power on the one hand and slavery on the other. Nor can any country be so well cultivated by slave labour, as by the labour of freemen, fairly recompensed; nor can industry be the character of such a state of society; nor can there be any permanent feeling, either of individual or of public security. Hence, I cannot but approve of the prohibition of the slave trade, as one of the steps toward a gradual abolition of the whole system of slavery; a system that greatly detracts from the industry, the improvement, the security, and the happiness of society, wherever it prevails.

In England, the species of slavery termed Villenage, was abolished by 12 Ch. 2. The last case concerning villenage in the books, is that of Crouche, 10th Eliz. Dyer 266. C. pl. 11. So are the Serfs par naissance in France: but under the old regime, there were Serfs held by Mortmain, and Serfs who became so by loss of their heritage: that is under one or other of the signoral customs, or droits feodaux. Such Serfs could not aliene their Serf-tenements, unless to a Serf of the same lord: they could not marry a free person, or the Serf of another lord: they could not put their sons into the clerical profession: they could not make a will to the prejudice of their lord, &c. see 1 Ferriere's Justinian 76. Somewhat of the same kind obtained in Germany, and still more in Poland. At present I apprehend this class of society no longer exists in Europe.

There is no where in the scriptures that I recollect, any direct prohibition of slavery, except as to the bondage of the Jews among themselves; but there can be no doubt, of its being contrary to the general spirit and precepts of christianity, which has contributed not a little to the abolition of villanage, as well as of slavery. In they ear 1514, Henry 8th, manumitted two of his villains in the following form,

Whereas God created all men free, but afterwards the laws and cus"toms of nations, subjected some under the yoke of servitude, we “think it pious and meritorious with God to manumit Henry Knight, CC a Taylor, and John Hule a Husbandman, our natives, as being born "within the manor of Stoke Clymmysland, in our county of Cornwall, "&c." See Barrington's observations on the statutes, 2nd edition, 249. So, Fitzherbert, in his readings on 4 Edw. 1st, Extenta Manerii, after giving the state of villanage in Henry 8th's time, says that it then began to decrease in all parts of England; and he thinks that no men should be bound but unto God, and that it is contrary to the principles of Christianity. Barrington 251. Robertson, in his hist. of Charles the 5th, v. 1 p. 324, gives a great number of instances and quotations, to prove the frequency of manumission, from a religious principle, together with the forms used on such occasions. Indeed Christianity, greatly contributed in the middle ages, to soften the barbarous manners of the times. Thus a law of Bavaria, for the protection of foreigners in Lindebrogue's collection says, Si autem aliquis tum presumptuosus fuerit ut peregrinis nocere voluerit, 14 solid. muktetur. Deus nam dixit (Exod. 21.) peregrinum et pauperem nan contristabis de rebus suis. Barrington, 22. See, also the interesting account of the TREUGA DEI. in 1. Robertson's Ch. 5 p. 343–356. Hence, seems to be derived the clause in our indictment for assault, that the Prosecutor was in the peace of God, and the King.

Sir Thomas Smith, who was secretary of state to Edward, 6, and then to Elizabeth, observes that he never knew of any villains in gross, in his time, and that villains appendant to manors (villeins regardant : glebæ adscriptitii) were but very few in number: that since England had received the christian religion, men began to be affected in their consciences at holding their brethren in servitude; and that upon this scruple in process of time, the holy fathers, monks and friars, so burthened the minds of those whom they confessed, that temporal men were glad to manumit all their villains. But he adds, the holy fathers themselves did not manumit their own slaves, and the bishops behaved like the other ecclesiastics. But at last some bishops enfranchised their villains for money, and others on account of popular outcry: and at length the monasteries falling into lay hands, were the occasion that almost all the villains in the kingdom were manumitted. Smith's repub. ch. 10. Harris.

In England, although it was determined that trover would not lie for a negro, because the owner had not such an absolute property in his negro that he might kill him; (Salk. 666. Lord Ray. 1274, Smith v

Gould) yet trespass per quod servitium amisit would lie; and if property were proved in the negro, he would not have been able to maintain his liberty by baptism or residence in England (5 Mod. 182 Chamberline v Harvey) until the great case of Somerset the negro, by which it was determined that there could be no slavery in England. See the argument of Mr. Hargrave in that case, in the last volume of his edition of the state trials. Of the supposed efficacy of baptism formerly, the reader may find a very curious case in 3 Mod. 120. Sir Thomas Grantham's case.

Villains (hinds) could acquire no property, for quicquid acquiritur servo, acquisitur domino, says my Lord Coke. Co. Litt. 117. C. As to the distinctions relating to the right of the master to wages or earnings acquired by servants or apprentices, see the notes on the above cited passage in Harg. Co. Litt. and 1 Campb. Rep. Nis. Prius 527, Thompson v Havelock. Lord Coke in his note on villenage, dedúces (after St. Ambrose) the origin of slavery from the introduction of wine: non esset hodie servitus, si ebrietas non esset: Canaan being condemned to bondage for exposing the nakedness of his father Noah.

§4. Quibus modis servi, &c. Vemundari passus est. This was permitted also by a senatus consultum in the time of Claudian, though manifestly contrary to the general rule that no man can change his condition on his own authority. Dig. 40. 12. 37. In such cases the person selling himself was required, 1st to be of 20 years of age at least. Ib. L. 7. and Dig. 40. 13. 2ly with certain knowledge of his birth and condition Ib. tit. 14. and Dig. 40. 12 L. 14. et seq. 3ly The purchaser also must act bonâ fide Ib. L. 16. par. 2. and L. 7. par. 2. 4ly. That the price paid was completely at his disposal. L. 1. and 5. Cod. de liber caus. Dig. 40. 13. Dig. 28. 3. L. 6. Cujas adds another condition. 5ly That he should neither be filius familias or manumitted, for he cannot injure the rights of the Paterfamilias or of the Patron. Dig. 40. 12. L. 1. Leo Philosophus abrogated this senatus consultum by his Novel 59.

A freeman might also become a slave, by ingratitude toward his patron, by condemnation to the mines or wild beasts, and so becoming Servus Pana. By a senatus consultum Claudianum, a free woman indulging in servile amours might lose her freedom.

Nascuntur ex ancillis nostris. Cujas gives a fanciful analogy. Eodem jure ex ancillis nati servi sunt, quo sata cedunt solo. Mater enim solo comparatur, vis patris sato."

§ 5. De liberorum et Servorum Differentia. In England the people are divided into 1st The King and heir apparent. 2ly The nobility or

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peerage (a) temporal, consisting of dukes, marquisses, earls, viscounts and barons, (b) spiritual, consisting of archbishops and bishops. зly The commonalty: consisting of baronets whose titles are hereditary; knights, whose titles are personal only and not hereditary; esquires or gentlemen, acquired by birth, by office, by profession, or by courtesy ; yeomanry, tradesmen, artificers and labourers.

In this country, the title of "excellency" sometimes given to the President of the United States, and to governors of states, as well as the title "honourable" bestowed on judges and members of Congress, and "esquire" applied to justices of peace and practitioners at law, I regard as founded on courtesy and custom only. The practice of addressing the president, a governor, or a judge, as an esquire, certainly arises from neglecting the old adage that omne majus continet in se minus.

Tit. 4. De ingenui definitione p. 12. By the civil law, children born in wedlock (as in England) followed the condition of the fathers, Dig 5. 19. If born out of wedlock (contubernio) they follow the condition of the mother. In England, a bastard being nullius filius is in all cases free, the presumption being in favour of liberty: so if a man marry a Nef, she becomes free forever after: and a child born in such wedlock is also free. See all the learning on this subject in Harg. Co. Litt. 123. b.

Tit. 5. Definitio et origo Libertinorum, &c. p. 13. In the early times of the republic Libertus was a freed man, and Libertinus his descendant. Suet. Claud. 24. 8. Isid. 4. But this distinction fell into . I sorba disuse.

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§ 1. Quibus modis manumittitur, p. 14 Liberty could antiently bé conferred but three ways viz. by testament: by the census and by the vindicta, or lictor's rod. This is évident from the following passages in Tully: si neque censu, neque vindicta, neque testamento, liber factus est, In Top. non est liber.

A man was said to be liber censu, when his name was inserted in the censor's roll, with the approbation of his master at the public census. But the method of acquiring liberty by the vindicta was more solemn and formal. For it was necessary that the master placing his hand upon the head of the slave, should say in the presence of the prætor, hunc hominem liberum esse solo: to which the prator always 'replied, dico eum liberum esse more Quiritum. Then the lictor or serjeant receiving the vindicta or rod from the prætor, struck the new freed man' several blows with it upon the head, face, and back, after which his name was registered in the roll of freedmen, and his head being close shaved, a cap was given to him as a token of liberty. Harris.

This is not quite accurate. The lictor gave the slave, a gentle blow on the head with the vindicta, and a box on the ear, and made him turp round thrice. Afterward under the latter emperors, in lieu of the census, the master made a public declaration of his intention to free the slave, in church. Slaves were also manumitted by letter, signed by the master in presence of five witnesses: or before his friends, five witnesses being present at the declaration. The enfranchisement by vindicta, might take place before a consul as well as a prætor; and in the provinces before a proconsul, his legate, or deputy. See dig. 1 16.2. cod. 7. tit. 6. de lat. lib. toll. Ib. I. 1. § 2. de his qui in eccles. and Sigonius 1. 1. de antiq. Jur. Civ. Rom.

The ancient form of manumitting villains, was thus. "If any person "be desirous to enfranchise his slave, let him with his right hand de"liver the slave to the sheriff in a full county, proclaim him exempt "from the bond of servitude by manumission, shew him open gates "and ways, deliver him fire arms, to wit, a lance and a sword, where"upon he becomes a free man." Harris, from Wilkins' leges anglo-saxonicæ. Afterwards, manumission of villains was conferred by grant and release, of which Harris has given a form from the complete Clerk, 1676.

Alius multis modis. Enumerated cod. 7. tit. 6. de lat. lib. tollendâ. Tit. 5. 3. De libertinorum divisione sublata. The three classes of freed men, here mentioned, had different rights attached to their respective conditions.

1st. Freed men of the greater liberty, were Roman citizens with all privileges, but they were obliged to leave a part of eir property by will to their patron. They were required to be thirty years of age, and their master twenty, at the time of their manumission by the law. Ælia Sentia; and all the usual and prescribed forms were to be strictly observed. If any of these requisites were wanting, the slave became only, 2ly Latinus Junianus, under the law Junia Norbana, enacted 771 in the consulship of Junius Silanus, and Norbanus Balbus; which confined the right of being considered as freedmen of the greater liberty, to those who had been enfranchised, by will, by census, or by the vindicta. These Latini, were not Roman citizens, they died slaves, but during life they enjoyed the other privileges of freemen, see 3 Instit. 8. 3ly, The Dedititii, were persons who, while slaves, had suffered corporeal punishment for some crime, and were named after some tributaries to the Roman people, who had revolted and were compelled to lay down their arms. Dedititii, quia se suaque omnia dedicerunt. They could never become Roman citizens. All