was brought in the course of the said trade as a negro slave from Africa aforesaid to Virginia aforesaid, to be there sold; and afterwards, to wit, on the 1st day of August in the year last

* omnes enim erant nobiles.' And the people of England were, probably, at this period distinguished into different classes of nearly the same kinds. At least, it is certain, that, before the Norman Conquest as well as after it, the great body of the cottagers and handycraftsmen (such as blacksmiths, millers, and cart-wrights) in country villages were slaves, or what our old law books called 'villeins regardant,' or belonging to the manor, or servi adscriptitii gleba, and were alienated, as such, by name, together with their families, and all the goods and chattels they were possessed of, by their lords or owners," and he has transcribed from Ingulphus a grant made by Thorold in the year 1051 to the abbey of Crowland of " totum maDerium meum, &c. cum omnibus appendiciis suis; scilicet, Colgrinum præpositum meum, Item Hardingum fabrum, Item Lestanum car pentarium, (and eleven others) et totas sequelas suas, cum omnibus bonis et catallis, quæ habent in dictâ villâ, et in campis ejus, et in mariscis, absque ullo de omnibus retinemento." As to Wales, Rowlands, in recounting the observations respecting the "true state and condition of the British government," and of " the ancient British tenures, and the former customs and usages thereof," which he had collected from those materials of information, which "our own careless neglect had omitted, but, as a just reproach to our wretched oscitancy and remissness, the covetousness of our more watchful conquerors took care to record and preserve for us; that is the English moparchs, when they got themselves seised of the last remains of our British royalties, and found or made themselves intitled or interested by descent or conquest to the ancient revenues of our British princes," says (Mona Antiqua Restaurata, 410. 2d edition, London 1766; the former edition was published in Dublin, in 1723, the year of the anthor's death :) "We find, that the tenants of bond-lands and villanages, as they were of a quality below and inferior to freeholders, so they were obliged to greater drudgeries, and employed in more servile works, and were to be disposed of in many things, as their lords and princes pleased to use them. And of these some were free natives, and some pure natives. The free natives, I take to be those, who had some degree of freedom, who might go where they would, might buy and sell, and had many immunities; but the pure natives (as they were called) were the peculium of their proprietory lords or princes, to be disposed of as they listed. And I remember to have met, in sir William Gruffyth's book, with an abstract of a deed, where

⚫ Rowlands, speaking of the old returns and verdicts which had been made by jurors to the king's commissioners of enquiry into tenures, VOL. XX.

aforesaid, the said James Sommersett, being and continuing such negro slave, was sold in Virginia aforesaid to one Charles Steuart, esq. who then was an inhabitant of Virginia aforethe natives of the township of Porthaethwy, many years after the time of the British princes, were sold as part of the estate of those lands they belonged to; and of which, and of others of that sort I have given elsewhere large instances. And I have by me a copy of injunc tion, issued out by Henry the seventh, king of England, commanding escheators, and all other ministerial officers, to see that the king's native tenants kept within their proper limits; and if any of them were found to stray and wander from their home, to drive them back, like beasts to their pinfolds, with the greatest severity."

and Wales, vol. xvii, by the Rev. J. Evans, And in a book intitled Beauties of England 8vo, 1812, 1 have met with the following pas

sage:

"Among the boons bestowed upon the corporation of Beaumaris, so late even as the fourth year of Elizabeth's reign, the following grant appears: All and singular the king's lands, tenements, and hereditaments in Bodi'new, and his villagers (cultivators) in the same town, if any be, with their offspring.' But this was probably no more than an exemplification of a grant, made long before, by way of confirmation.

"The following is one, out of three documents, adduced by Mr. Rowlands. Edynfed Vychan ap Edynfed, alias dictus Ednyfed ap Arthelw oz Davydd ap Gruffyd et Howel ap Davydd ap Ryryd, alias dictus Howel ap Arthelw uz Davydd ap Gryffydd, Liberi tenentes D'ni Regis villæ de Rhandei Gadog, &c. dedimus et confirmavimus Willimo ap Gryffydd ap Gwilim armigero et libero tenenti de Porthamel, &c. septem nativos nostros; viz. Howel ap Davydd Dew, Matto ap Davydd Dew, Jevan ap Evan Ddu, Llewelyn ap Davydd Dew, Davydd ap Matto ap Davydd Dew, Howel ap Matto ap Davydd Dew, et

&c. says (p. 120.) "For what light we have from these records, we ought to be much obliged to the generous care and industry of that very worthy and deservedly celebrated person, sir William Gruffydd of Penryhon, knight and chamberlain of North Wales; who preserved these records from perishing, by collecting so many of them as he could retrieve from moth and corruption; and then causing those scattered rolls and fragments which he could meet with, to be fairly written by one Jenkyn Gwyn, in two large books of parchment, for the information of posterity. One whereof is that book, kept always in the Chamberlain's office, called by the name of the Extent of North Wales; and the other he transmitted into the Auditor's office at London, where it is preserved to this day." C

Charles Steuart having occasion to transact certain affairs and business of him the said Charles Steuart in this kingdom, he the said Charles Steuart, before the coming of the said writ to me, to wit, on the first day of October in the year of our Lord 1769, departed from America aforesaid, on a voyage for this kingden, for the purpose of transacting his aforesaid affairs and business, and with an intention to return to America, as soon as the said affairs and business of him the said Charles Stuart in this kingdom should be transacted; exercised in fixing its amount, which might defeat the whole provisions of the law, it ascertains the maximum of bail in each case, ac. cording to the rank of the person in custody for trial; and imposes high penalties on the judge who shall delay modifying the amount, or refuse to accept of sufficient bail, when offered. The act, however, would have been greatly defective had it stopped here, for of what use would have been the precautions already mentioned, if in cases either where bail could not be found by the party entitled to it, or when it could not be received, owing to the nature of the crime, the person imprisoned might be wrongously detained, in consequence of a delay in putting him to trial by a certain day; the act therefore directs, that in such cases, the party shall have right to insist, that within a certain time a diet shall be fixed for his trial, and the trial carried through and concluded by a determinate day, otherwise he is to be set at liberty, under the penalty of wrongous imprisonment, and is not to be again incarcerate, unless on new criminal letters raised against him, before the lords of Justiciary; in which last case, his trial must be concluded in another day, particularly fixed by the enactment, otherwise the prisoner is to be set at liberty, and to be for ever free from all question or process for that crime. Certain exceptions are then introduced with respect to treason, and some other offences more immediately affecting the public security; and a provision annexed, that no person shall be transported furth of this kingdom,' except with his own consent, given before a judge or by legal sentence, under the certification, that any judge or magistrate, who shall give order for such transportation, or any one, who shall so trausport another, shall not only be liable in the pecuniary pains of "wrongous imprisonment, as declared by the act, but shall lose their offices, and be declared incapable of all public trust. These are the general outlines of this important statute; the value of which cannot be too highly prized by the people of Scotland, nor its observance too strictly maintained by the Judges and magistrates."

By the act of the 39th of George 3, perBOOS accused of sedition are excepted from certain provisions contained in the act against wrongous imprisonment. As to this, see the Cases of the Rioters against the Militia Law, .D. 1798.

and afterwards, to wit, on the 10th day of Ncvember in the same year, arrived in this kingdom, to wit, in London, that is to say, in the parish of St. Mary-le-Bow in the ward of Cheap; and that the said Charles Steuart brought the said James Sommersett, his negro slave and property, along with him in the said voyage, from America aforesaid to this kingdom, as the negro slave and property of him the said Charles Steuart, to attend and serve him, during his stay and abiding in this kingdom, on the occasion aforesaid, and with an intent to carry the said James Sommersett back again into America, with him the said Charles Steuart, when the said affairs and business of the said Charles Steuart should be transacted; which said affairs and business of the said Charles Steuart are not yet transacted, and the intention of the said Charles Steuart to return to America as aforesaid hitherto hath continued, and still continues. And I do further certify to our said lord the king, that the said James Sommersett did accordingly attend and serve the said Charles Steuart in this kingdom, from the time of his said arrival, until the said James Sommersett's departing and absenting himself from the service of the said Charles Steuart herein after-mentioned, to wit, at London aforesaid in the parish and ward aforesaid; and that before the coming of this writ to me, to wit, on the first day of October in the year of our Lord 1771, at London aforesaid, to wit, in the parish and ward aforesaid, the said James Sommersett, without the consent, and against the will of the said Charles Steuart, and without any lawful authority whatsoever, departed and absented himself from the service of the said Charles Steuart, and absolutely refused to return into the service of the said Charles Steuart, and serve the said Charles Steuart, during bis stay and abiding in this kingdom, on the occasion aforesaid: whereupon the said Charles Steuart afterwards and before the coming of this writ to me, to wit on the 26th day of November in the year of our Lord 1771, on board the said vessel called the Ann and Mary, then and still lying in the river Thames, to wit at London aforesaid, in the parish and ward aforesaid, and then and still bound upon a voyage for Jamaica aforesaid, did deliver the said James Sommersett unto me, who then was, and yet am master and commander of the said vessel, to be by me safely and securely kept and carried and conveyed, in the said vessel, in the said voyage to Jamaica aforesaid, to be there sold as the slave and property of the said Charles Steuart; and that I did thereupon then and there, to wit at London aforesaid in the parish and ward aforesaid, receive and take, and have ever since kept and detained the said James Sommersett in my care and custody, to be carried by me in the said voyage to Jamaica aforesaid, for the purpose aforesaid. And this is the cause of my taking and detaining the said James Sommersett, whose body I have now ready as by the said writ I am commanded."

After the reading of the return, Mr. Serjeant Davy, one of the counsel for Som mersett the negro, desired time to prepare his argument against the return; and on account of the importance of the case, the Court postponed hearing the objections against the return, till the 7th of February, and the recognizance for the negro's appearance was continued accordingly. On that day Mr. Serj. Davy and Mr. Serj. Glynn argued against the return, and the farther argument was postponed till Easter term, when Mr. Mansfield, Mr. Alleyne, and Mr. Hargrave, were also heard on the same side. Afterwards Mr. | Wallace and Mr. Dunning argued in support of the return, and Mr. Serjeant Davy was heard in reply to them. The determination of the Court was suspended till the following Trinity term; and then the Court was unanimously of opinion against the return, and ordered that Sommersett should be discharged.

ARGUMENT OF MR. HARGRAVE FOR the Negro.*

Though the learning and abilities of the gentlemen, with whom I am joined on this occasion, have greatly anticipated the arguments prepared by me; yet I trust, that the importance of the case will excuse me, for disclosing my ideas of it, according to the plan and order, which I originally found it convenient to adopt.

The case before the Court, when short state of expressed in few words, is this. the case. Mr. Steuart purchases a negro slave in Virginia, where by the law of the place negroes are slaves, and saleable as other property. He comes into England, and brings the negro with him. Here the negro leaves Mr. Steuart's service without his consent; and afterwards persons employed by bim seize the negro, and forcibly carry him on board a ship bound to Jamaica, for the avowed purpose of transporting him to that island, and there selling him as a slave. On an application by the negro's friends, a writ of Habeas Corpus is granted; and in obedience to the writ he is produced before this court, and here sues for the restitution of his liberty.

of the case.

The questions, arising on this Importance case, do not merely concern the unfortunate person, who is the subject of it, and such as are or may be under like unhappy circumstances. They are highly interesting to the whole community, and cannot be decided, without having the most general

The following Argument, on the behalf of the negro, is not to be considered as a speech actually delivered: for though the author of it, who was one of the counsel for the negro, did deliver one part of his Argument in court without the assistance of notes; yet his Argument, as here published, is entirely a written composition. This circumstance is mentioned, lest the author should be thought to claim a | merit to which he has not the least title. Hargrave.

and important consequences; without extensive influence on private happiness and public security. The right claimed by Mr. Steuart to the detention of the negro, is founded on the condition of slavery, in which he was before his master brought him into England; and if that right is here recognised, domestic slavery, with its horrid train of evils, may be lawfully imported into this country, at the discretion of every individual foreign and native. It will come not only from our own colonies, and those of other European nations; but from Poland, Russia, Spain, and Turkey, from the coast of Barbary, from the western and eastern coasts of Africa, from every part of the world, where it still continues to torment and dishonour the human species. It will be transmitted to us in all its various forms, in all the gradations of inventive cruelty and by an universal reception of slavery, this country, so famous for public liberty, will become the chief seat of pri vate tyranny.

Points which

case.

In speaking on this case, I shall arrange my observations under two arise in the heads. First, I shall consider the right, which Mr. Steuart claims in the person of the negro. Secondly, I shall examine Mr. Steuart's authority to enforce that right, if he has any, by imprisonment of the negro and transporting him out of this kingdom. The Court's opinion in favour of the negro, on either of these points, will entitle him to a discharge from the custody of Mr. Steuart.

claimed in

Slavery the

foundation of the negro.

the claim to

(1st.) The first point, concerning (1st Point) on Mr. Steuart's right in the person of the right the negro, is the great one, and the negro' that which, depending on a variety person. of considerations, requires the peculiar attention of the Court. Whatever Mr. Steuart's right may be, it springs out of the condition of slavery, in which the negro was before his arrival in England, and wholly depends on the continuance of that relation; the power of imprisoning at pleasure here, and of transporting into a foreign country for sale as a slave, certainly not being exerciseable over an ordinary servant. Accordingly the return fairly admits slavery to be the sole foundation of Mr. Steuart's claim; and this brings the question, as to the present lawfulness of slavery in England, directly before the Court. It would have been more artful to have asserted Mr. Steuart's claim in terms less explicit, and to have stated the slavery of the negro before his coming into England, merely as a ground for claiming him here, in the relation of a servant bound to follow wherever his master should require his service. The case represented in this disguised way, though in substance the same, would have been less alarming in its first appearance, and might have afforded a better chance of evading the true question between the parties. But this artifice, however convenient Mr. Steuart's counsel may find it in argument, has not been adopted in the return; the case being there stated as it really is, without any suppression