Some Historical Account of Guinea, Its Situation, Produce, and the General Disposition of Its Inhabitants eBook

This eBook from the Gutenberg Project consists of approximately 151 pages of information about Some Historical Account of Guinea, Its Situation, Produce, and the General Disposition of Its Inhabitants.

Some Historical Account of Guinea, Its Situation, Produce, and the General Disposition of Its Inhabitants eBook

This eBook from the Gutenberg Project consists of approximately 151 pages of information about Some Historical Account of Guinea, Its Situation, Produce, and the General Disposition of Its Inhabitants.

Page 5.  Indeed there are many instances of persons being freed from slavery by the laws of England, but (God be thanked) there is neither law, nor even a precedent, (at least I have not been able to find one) of a legal determination to justify a master in claiming or detaining any person whatsoever as a slave in England, who has not voluntarily bound himself as such by a contract in writing.

Page 20.  An English subject cannot be made a slave without his own free consent:  but—­a foreign slave is made a subject with or without his own consent:  there needs no contract for this purpose, as in the other case; nor any other act or deed whatsoever, but that of his being landed in England; For according to statute 32d of Henry VIII. c. 16.  Sect. 9. “Every alien or stranger born out of the King’s obeisance, not being denizen, which now or hereafter shall come into this realm, or elsewhere within the King’s dominions, shall, after the said first of September next coming, be bounden by and unto the laws and statutes of this realm, and to all and singular the contents of the same.

Now it must be observed, that this law makes no distinction of bond or free, neither of colours or complexions, whether of black, brown, or white; for “every alien or stranger (without exception) are bounden by and unto the law, &c.”

This binding, or obligation, is properly expressed by the English word ligeance, (a ligando) which may be either perpetual or temporary.  Wood, b.  I. c. 3. p. 37.  But one of these is indispensably due to the Sovereign from all ranks and conditions of people; their being bounden unto the laws, (upon which the Sovereign’s right is founded) expresses and implies this subjection to the laws; and therefore to alledge, that an alien is not a subject, because he is in bondage, is not only a plea without foundation, but a contradiction in terms; for every person who, in any respect, is in subjection to the laws, must undoubtedly be a subject.

I come now to the main point—­“That every man, woman, or child, that now is, or hereafter shall be, an inhabitant or resiant of this kingdom of England, dominion of Wales, or town of Berwick upon Tweed,” is, in some respect or other, the King’s subject, and, as such, is absolutely secure in his or her personal liberty, by virtue of a statute, 31st Car.  II. ch. 11. and particularly by the 12th Sect. of the same, wherein subjects of all conditions are plainly included.

This act is expressly intended for the better securing the liberty of the subject, and for prevention of imprisonment beyond the seas.  It contains no distinction of “natural born, naturalized, denizen, or alien subject; nor of white or black, freemen, or even of bond-men,” (except in the case already mentioned of a contract in writing, by which it shall appear, that the said slave has voluntarily bound himself, without compulsion or illegal

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Some Historical Account of Guinea, Its Situation, Produce, and the General Disposition of Its Inhabitants from Project Gutenberg. Public domain.