dant to a manor and by
implication villeins in gross. The reasons for the decision would
hardly stand fire at the present day. The investigation of Paul
Vinogradoff and others have conclusively established that there was
not a real difference in status between the so-called villein
regardant and villein in gross, and that in any case the villein was
not properly a slave but rather a serf.[9] Moreover, the Statute of
Tenures deals solely with tenure and not with status.

But what seems to have been taken for granted, namely that slavery,
personal slavery, had never existed in England and that the only
unfree person was the villein, who, by the way, was real property, is
certainly not correct. Slaves were known in England as mere personal
goods and chattels, bought and sold, at least as late as the middle of
the twelfth century.[10] However weak the reasons given for the
decision, its authority has never been questioned and it is good law.
But it is good law for England, for even in the Somerset case it was
admitted that a concurrence of unhappy circumstances had rendered
slavery necessary[11] in the American colonies; and Parliament had
recognized the right of property in slaves there.[12] Consequently so
long as the slaves, Panis or Negro, remained in the colony they were
not enfranchised by the law of the conqueror but retained their
servile status.

The early records show the use of slaves. General James Murray, who
became Governor of the Quebec Fortifications and adjoining territory
immediately after the fall of Quebec and in 1763 the first Captain
General and Governor in Chief of the new Province of Quebec,[13]
writing from Quebec, November 2, 1763, to John Watts in New York
speaks thus of the promoting of agriculture in the Province:

"I must most earnestly entreat your assistance, without servants
nothing can be done, had I the inclination to employ soldiers which is
not the case, they would disappoint me, and Canadians will work for
nobody but themselves. Black Slaves are certainly the only people to
be depended upon, but it is necessary, I imagine they should be born
in one or other of our Northern Colonies, the Winters here will not
agree with a Native of the torrid zone, pray therefore if possible
procure for me two Stout Young Fellows, who have been accustomed to
Country Business, and as I shall wish to see them happy, I am of
opinion there is little felicity without a Communication with the
Ladys, you ma