ick 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 duress_, allowed by the 13th
Sect. and the exception likewise in the 14th Sect. concerning felons)
but they are all included under the general titles of "_the subject, any
of the said subjects, every such person_" &c. Now the definition of the
word "_person_," in its relative or civil capacity (according to Wood.
b. I. c. 11. p. 27.) _is either the King, or a subject_. These are the
_only capital distinctions_ that can be made, tho' the latter consists
of a variety of denominations and degrees.
But if I were even to allow, that a _Negroe slave_ is not a subject,
(though I think I have clearly proved that he is) yet it is plain that
such an one ought not to be denied the benefit of the King's court,
unless the slave-holder shall be able to prove likewise that he is not,
a _Man_; because _every man_ may be _free_ to sue for, and _defend his
right in our courts_, says a stat. 20th Edw. III. c. 4. and elsewhere,
according to law. And _no man, of what estate or condition_ that he be,
(here can be no exception whatsoever) _shall be put out of land or
tenement, nor taken, nor imprisoned, nor disinherited, nor put to death,
without being brought in answer by due process of the law_. 28th Edw.
III, c. 3, _No man_ therefore, _of what estate or condition that he be_,
can lawfully be detained in England _as a slave_; because we have no law
whereby a man _may be_ condemned to _slavery_ without his own consent,
(for even convicted felons must "_in open court pray to transported_.")
(See Habeas Corpus act, Sect. 14.) and therefore there cannot be any
"_due process of the law_" tending to so base a purpose. It follows
therefore, that every man, who presumes to detain _any person_
whatsoever as a slave, othe
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