Considerations on the Negroe cause commonly so called: Addressed to the Right Honourable Lord Mansfield, lord chief justice of the Court of King's Bench, &c.Estwick, Samuel
Philosophy
Considerations on the Negroe cause commonly so called: Addressed to the Right Honourable Lord Mansfield, lord chief justice of the Court of King's Bench, &c.
Estwick, Samuel
Slavery -- Law and legislation -- Great Britain; Slavery -- Legal status, laws, etc. -- Great Britain
of the Cause returned_, the law of this Case.
But no sooner had this reconciliation taken place in my mind, than
another perplexity followed. In the recital of the opinion recognized
by Lord Hardwick, sitting as Chancellour, it is made to conclude
thus: “that though the Statute of Charles II. had abolished Tenure
so far that no man could be a _Villein regardant_, yet if he would
acknowledge himself a Villein ingrossed in any Court of Record, he
knew of no way by which he could be entitled to his freedom without
the consent of his Master.”
Now, by connecting this latter with the former part of the opinion,
in the manner it is done, it appears, as if Lord Hardwick meant
to declare, that the state or situation of Negroes towards their
masters or owners arose out of, and was founded upon, the remains of
the antient laws of villenage in this country. That Lord Hardwick
might have said what is here stated, in order to shew (by way of
illustration of the Case upon which he was then arguing) that even
an Englishman might still become a slave in this country, _if he
pleased_, I cannot deny: but with any intention to prove that the
condition of Negroes proceeded from, and was the same with, the
condition of villeins, is, I must assert, either the mistake of the
person from whose notes this speech was taken, or the intention of
him to puzzle and perplex the Case: for it is manifestly impossible
that the Court could have put so much self-contradiction and
ignorance of the law in the mouth of so wise and so great a lawyer.
His Lordship says, “that Trover will lie for a Negroe slave.” Now,
can any thing be more expressive of the law and condition of Negroes
than this is? What the nature of an action of Trover is, and what
kind of property is required in a plaintiff to maintain such an
action, every Tyro of the law must be acquainted with. Would his
Lordship have said, that Trover would lie for a villein? Every Tyro
of the law knows that it would not. But if a Negroe and a villein
were governed by the same laws, Trover would lie for a villein. His
Lordship’s own words therefore, and not this combination of them, are
the best comment upon his meaning; and he in me, _non tali auxilio
eget_, &c. It is enough that I have given the clew; the reader will
unravel the rest himself.
Public-domain text, read in full here on John Shaqi.
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