Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/440

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424
The Rights
Book 1.

work for another, is very juſt: but when applied to ſtrict ſlavery, in the ſenſe of the laws of old Rome or modern Barbary, is alſo impoſſible. Every ſale implies a price, a quid pro quo, an equivalent given to the ſeller in lieu of what he transfers to the buyer: but what equivalent can be given for life, and liberty, both of which (in abſolute ſlavery) are held to be in the maſter's diſpoſal? His property alſo, the very price he ſeems to receive, devolves ipſo facto to his maſter, the inſtant he becomes his ſlave. In this caſe therefore the buyer gives nothing, and the ſeller receives nothing: of what validity then can a ſale be, which deſtroys the very principles upon which all ſales are founded? Laſtly, we are told, that beſides theſe two ways by which ſlaves "fiunt," or are acquired, they may alſo be hereditary: "ſervi naſcuntur;" the children of acquired ſlaves are, jure naturae, by a negative kind of birthright, ſlaves alſo. But this, being built on the two former rights, muſt fall together with them. If neither captivity, nor the ſale of one's ſelf, can by the law of nature and reaſon reduce the parent to ſlavery, much leſs can they reduce the offspring.

Upon theſe principles the law of England abhors, and will not endure the exiſtence of, ſlavery within this nation: ſo that when an attempt was made to introduce it, by ſtatute 1 Edw. VI. c. 3. which ordained, that all idle vagabonds ſhould be made ſlaves, and fed upon bread, water, or ſmall drink, and refuſe meat; ſhould wear a ring of iron round their necks, arms, or legs; and ſhould be compelled by beating, chaining, or otherwiſe, to perform the work aſſigned them, were it never ſo vile; the ſpirit of the nation could not brook this condition, even in the moſt abandoned rogues; and therefore this ſtatute was repealed in two years afterwards[1]. And now it is laid down[2], that a ſlave or negro, the inſtant he lands in England, becomes a freeman; that is, the law will protect him in the enjoyment of his perſon, and his property. Yet, with regard to any right which the matter may have acquired to the perpetual ſervice of John or Thomas, this will remain exactly in the ſame ſtate as before: for this is no

  1. Stat. 3 & 4 Edw. VI. c. 16.
  2. Salk. 666.
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