(afterwards Lord Chancellor Lord Hardwicke) and Sir
Charles Talbot, Solicitor General (afterwards Lord Chancellor Lord
Talbot) who had pledged themselves to the British planters for all the
legal consequences of Slaves coming over to England. The law of
Scotland agreed with that of England.
[9] See _e.g._, Vinogradoff, _Villeinage in England_, passim. Hallam's
_Middle Ages_ (ed. 1827), Vol. 3, p. 256; Pollock and Maitland,
_History of English Law_, Vol. 1, pp. 395, sqq. Holdsworth's _History
of English Law_, Vol. 2, pp. 33, 63, 131; Vol. 3, pp. 167, 377-393.
[10] See Pollock and Maitland's _History Eng. Law_, Vol. 1, pp. 1-13,
395, 415; Holdsworth's _Hist. Eng. Law_, Vol. 2, pp. 17, 27, 30-33,
131, 160, 216.
[11] "So spake the fiend and with necessity,
The tyrant's plea, excused his devilish deeds."
Paradise Lost, Bk. 4, ll. 393, 394.
Milton a true lover of freedom well knew the peril of an argument
based upon supposed necessity. Necessity is generally but another name
for greed or worse.
[12] For example, the Statute of (1732) 5 Geo. II, c. 7, enacted, sec.
4, "that from and after the said 29th September, 1732, the Houses,
Lands, Negroes and other Hereditaments and real Estates situate or
being within any of the said (British) Plantations (in America) shall
be liable" to be sold under execution. Note that the Negroes are
"Hereditaments and Real estate," as were the villeins--a rule wholly
different from that of the French law.
[13] His Commission is dated November 28, 1763, Shortt & Doughty,
_Constitutional Documents_, 1759-1761, pp. 126, sqq.
[14] _Canadian Archives, Murray Papers_, Vol. II, p. 15: the Quebec
Act mentioned immediately below is (1774) 14 George III, c. 83.
In 1774 the well known Quebec Act reintroduced the former French
Canadian law in civil matters while it retained the English law in
criminal matters; but the change made no difference in the condition
of the slave.
[15] The three which follow I owe to the interesting paper of Mr. E.
Z. Massicotte, Archivist of Montreal published in _Le Bulletin des
Recherches Historiques_ for November, 1918, pp. 348 sqq.--the
advertisement in the Gazette is to be found in Terrill's _Chronicles
of Montreal_. The paper was 2-1/2 Spanish dollars per annum, 10 sous
per copy, published every Wednesday.
[16] The "Upper Countries" were Detroit and Michilimackinae, sometimes
including the Niagara region--at this time there
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