The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
In England, and in the English law throughout, as it existed before and
since the emigration of our ancestors to this country, the words "free"
and "freemen" were political terms in the most common use; and employed
to designate persons enjoying some franchise or privilege, from the most
important one of general citizenship in the nation, to the most
insignificant one in any incorporated city, town or company. For
instance: A man was said to be a "free British subject"--meaning thereby
that he was a naturalized or native born citizen of the British
government, as distinguished from an alien, or person neither
naturalized nor native born.
Again. A man was said to be "free of a particular trade in the city of
London"--meaning thereby, that by the bye-laws of the city of London, he
was permitted to follow that trade--a privilege which others could not
have without having served an apprenticeship in the city, or having
purchased the privilege of the city government.
The terms "free" and "freemen" were used with reference to a great
variety of privileges, which, in England, were granted to one man, and
not to another. Thus members of incorporated companies were called
"_freemen_ of the company," or "_free_ members of the company;" and were
said to be "_free_ of the said company." The citizens of an incorporated
city were called "the freemen of the city," as "freemen of the city of
London."
In Jacob's Law Dictionary the following definitions, among others, are
given of the word "freemen."
"_Freeman--liber homo._"* * * * "In the distinction of a freeman from a
vassal under the feudal policy, _liber homo_ was commonly opposed to
_vassus_, or _vassalus_; the former denoting an _allodial_ proprietor;
the latter one who held of a superior."
"The title of a _freeman_ is also given to any one admitted to the
freedom of a corporate town, or of any other corporate body, consisting,
among other members, of those called _freemen_."
"There are three ways to be a _freeman_ of London; by servitude of an
apprenticeship; by birthright, as being the son of a _freeman_; and by
redemption, i.e. by purchase, under an order of the court of aldermen."
"The customs of the city of London shall be tried by the certificate of
the Mayor and Aldermen,* * * * as the custom of distributing the effects
of freemen deceased: of enrolling apprentices, or that he who is _free
of one trade_ may use another."
"Elections of aldermen and common-councilmen are to be by _freemen_
householders."
"An agreement on marriage, that the husband shall take up the freedom of
London, binds the distribution of the effects."
The foregoing and other illustrations of the use of the words "free" and
"freemen," may be found in Jacob's Law Dictionary, under the head of
Freeman, London, &c.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account