tland,
_History of English Law_, Vol. 1, pp. 395 sqq. Holdsworth's _History
of English Law_, Vol. 2, pp. 33, 63, 131; Vol. 3, pp. 167, 377-393.
[6] See Pollock & Maitland's _History Eng. Law_, Vol. 1, pp. 1-13,
395, 415; Holdworth's _Hist. Eng. Law_, Vol. 2, pp. 17, 27, 30-33,
131, 160, 216.
[7] "So spake the fiend and with necessity,
The tyrant's plea, excused his devilish deeds."
Paradise Lost, Bk. 4, ll. 393, 394.
Milton a true lover of freedom well knew the peril of an argument
based upon supposed necessity. Necessity is generally but another name
for greed or worse.
[8] _E. g._, the Statute of (1732) 5 Geo. II, C. 7, enacted, sec. 4,
"that from and after the said 29th. September, 1732, the Houses,
Lands, Negroes and other Hereditaments and real Estates situate or
being within any of the said (British) Plantations (in America) shall
be liable" to be sold under execution. Note that the Negroes are
"Hereditaments and Real Estate."
[9] The name _Pani_ or _Panis_, Anglicized into _Pawnee_, was used
generally in Canada as synonymous with "Indian Slave" because these
slaves were usually taken from the Pawnee tribe. Those who would
further pursue this matter will find material in the _Wisconsin
Historical Collections_, Vol. XVIII, p. 103 (note); Lafontaine,
_L'Esclavage in Canada_ cited in the above; _Michigan Pioneer and
Historical Collections_, Vol. XXVII, p. 613 (n); Vol. XXX, pp. 402,
596. Vol. XXXV, p. 548; Vol. XXXVII, p. 541. From Vol. XXX, p. 546, we
learn that Dr. Anthon, father of Prof. Anthon of Classical Text-book
fame, had a "Panie Wench" who when the family had the smallpox "had
them very severe" along with Dr. Anthon's little girl and his "aeltest
boy" "whoever they got all safe over it and are not disfigured."
Dr. Kingsford in his _History of Canada_, Vol. V, p. 30 (n), cites
from the _Documents of the Montreal Historical Society_, Vol. I, p. 5,
an "ordonnance au sujet des Negres et des sauvages appeles panis, du
15 avril 1709" by "Jacques Raudot, Intendant." "Nous sous le bon
plaisir de Sa Majeste ordonnons, que tous les Panis et Negres qui ont
ete achetes et qui le seront dans la suite, appartiendront en pleine
propriete a ceux qui les ont achetes comme etant leurs esclaves." "We
with the consent of His Majesty enact that all the Panis and Negroes
who heretofore have been or who hereafter shall be bought shall be the
absolute property as their slaves of
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