The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-13

will of his lord if he viein in gross, he was
an hereditamen n chattel real according to his
lords Understanding desccndble to the heir where
the lord was absolute oichs and transmssible to the
executor where the lord had only term Of years in
him. Lastly, the slavery extended to the issue if the
father was villen, our law deriving the condition
of the child from that of the father, contrary TO the
Roman law, in which the rule was pdrtUs Se9HitHT
Uentrem-Horg. case Of nsgro Somerset, PIP. 20, "a
The same writer refers the origin of vassalage in
England principally to the wars between the British,
Saxon, Danish, and Norman nations contending for
the sovereignty OF that country in opposition to the
opinion of Judge Fitzherbert who supposes veinage
to have commenced at the conquest. Ub q, 2S) And
this he proves from Spelman and other antiquares
Ub) The writ de n0fiCO h0bsndO, by which the lord
enabled to his villen that had abscond-
ed from him. creates presumption that all the ma
tives of England were at some period reduced TO a
state Of ylenage-the word H0ttDus, which signihed
villcn, most clearly designated the person meant
thereby to be a R0tIrc. This etymon is Obyious. as
well from the import of the word IiatiUHS, from the
history Of the remote ages OF Britain Sir Ed
ward Coke Etymology, 50 Hio plerHnq"e RoSc"ntHr
SerT is of those puerilc cOnces which so ire
queny occur in his works, and are unworthy oil SO
great q man.
Barru gton in his observations upon Dt0gha ch0rta
(chap A. observes that the villens who held by ser
vile teuures considered many negroes on
a sugar plantation; the words (tbsr ho1fO IN mag
an charta CHAP A. with oil difference 10 Sir Edward
Coke who says they mean freehOLfer, understand
a. meaning a free HioR* cOntradstinguished from
n villein for in the very next sentence the words d
riHdOHS aHeriPS qH01i H0HT occur. NlIeihS must
certainly have been numerous at that day, to have
obtained place in the Great Chartert IL Is no less
an evidence that their condition in a state Of
melioration.
In Poland at this day the peasants seem to be in
an absolute state Of slavery at least Of yileinage
to the nobility. who the landholders.
o. Hargrave, ibid.
a. 1862 c. 1876.
o. 1852, Sess. Il. c. II.
60 1867, c. =.
a. Among the Israetes, according TO the Mosai
cal law If a smOto his servant or his maid with
u rod and he died under his hand he should surely
he punished. Notwithstanding if he continue day
or two he should not be punished Exodus, c. q j
for saith the text he is his money Our legislators
appear have adopted the OF the latter clause,
withou. The humanity of the former part Of the law
49, 1905, C. 40
o. 1888, c. %
QO) 1868 c. T.
M 1870 C. 5.
az 1870, c. IL.
Q3D 1879 c. |.
(l4) 1882 c. l.
49, 1905, c. 40; l753 c. 2
1G) 1905, C. 81
% Hannah and other Indians against Davis.
Since this adjudication have met with a manu-
script act of Assembly, made in 1891 g. entitled,
An act for a free trade with Indians the enacting
clause of which is in the very words of the act of
l70j C. 20. similar title to an act Of that session
occurs in the edition Of 1893, p "a, and the chapter
is numbered in the manuscript. If this manu-
script be authentic (which there is some reason to
presume it being copied in some blank leaves at the
end Of Purviss edition, and apparently written about
the time Of the passage Of the act,) it would seem
that Indians brought into Virginia for more than
a century, nor any OF their descendants, can be re-
tanned in slavery in this Commonwealth.
US9 l77S, C. /.
IgD See aces of 1894 C. 1903
(20) Edition of 1894, c. lGi
Lber homo &c, the tide of freeman, was former
~ cORERed to the nOb,hiy and gentry, who de-
scented Of free ancestors-Burghs Political DISGUST
tions vol iii, p. 400, who cites Spelmans Glossary,
voc Liber homo
In the time of the Saxons, the slaves, or yillcns |
were by much the most numerous class of the com.
munity in England-Russels Modern Europe vol l.
"a. Philadelphia edition.
TO BE CONTINUED.