on that all the natives of England were at some period reduced
to a state of villeinage, the word _nativus_, which signified a villein,
most clearly designating the person meant thereby to be a _native_: this
etymon is obvious, as well from the import of the word _nativus_, as
from the history of the more remote ages of Britain. Sir Edward Coke's
Etymology, "_quia plerumque nascuntur servi_," is one of those puerile
conceits, which so frequently occur in his works, and are unworthy of so
great a man.
Barrington in his observations upon _magna carta_ c. 4. observes, that
the villeins who held by servile tenures were considered as so many
negroes on a sugar plantation; the words "_liber homo_," in magna carta,
c. 14. with all deference to sir Edward Coke, who says they mean a
_free-holder_, I understand as meaning _a free man_,[Liber homo, &c. the
title of _freeman_ was formerly _confined_ to the _nobility_ and
_gentry_ who were _descended_ of free ancestors.--Burgh's Political
Disquisitions, vol. iii. p. 400, who cites Spelman's Glossary, voc.
Liber homo.] as contradistinguished from a _villein_: for in the very
next sentence the words "et _villanus_ alterius quam noster," occur.
Villeins must certainly have been numerous at that day, to have obtained
a place in the Great Charter. It is no less an evidence that their
condition was in a state of melioration.
In Poland, at this day, the peasants seem to be in an absolute state of
slavery, or at least of villeinage, to the nobility, who are the
land-holders.]
The first introduction of Negroes into Virginia happened, as we have
already mentioned, in the year 1620; from that period to the year 1662
there is no compilation of our laws, in print, now to be met with. In
the revision made in that year, we find an act declaring that no
Englishman, trader, or other, who shall bring in any Indians as servants
and assign them over to any other, shall sell them for _slaves_, nor for
any other time than English of like age should serve by act of assembly
[1662. c. 136.]. The succeeding session all children born in this
country were declared to be bond, or free, according to the condition of
the mother [1662. Sess. d. c. 12.]. In 1667 it was declared, "That the
conferring of baptism doth not alter the condition of the person
baptized, as to his bondage or freedom [1667. c. 2.]." This was done,
"that divers masters freed from this doubt may more carefully endeavour
the propagating
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