r
opinion was only conditional, and not absolute, and must be understood
on the part of the master, "_That he can produce an authentic agreement
or contract in writing, by which it shall appear, that the said slave
hath voluntarily bound himself, without compulsion or illegal duress_."
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 Berw
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