ame general and prodigious. Its presence in society called for
lawful regulations concerning it. While it is solemnly declared "that
there shall never be any bond slavery, villianage, or captivity" in
the colony, there were three provisos; viz., "lawful captives taken in
just wares," those who would "sell themselves or are sold to us," and
such as "shall be judged thereto by authority." Under the foregoing
conditions slavery was plainly established in Massachusetts. The "just
wares" were the wars against the Pequod Indians. That these were made
prisoners and slaves, we have the universal testimony of all writers
on the history of Massachusetts. Just what class of people would "sell
themselves" into slavery we are at a loss to know! We can, however,
understand the meaning of the words, "or are sold to us." This was an
open door for the traffic in human beings; for it made it lawful for
to sell slaves to the colonists, and lawful for the latter to
purchase them. Those who were "judged thereto by authority" were those
in slavery already and such as should come into the colony by
shipping.

This statute is wide enough to drive a load of hay through. It is not
the work of a novice, but the labored and skilful product of great law
learning.

"The law must be interpreted in the light of contemporaneous
facts of history. At the time it was made (1641), what had
its authors to provide for?

"1. Indian slaves--their captives taken in war.

"2. Negro slaves--their own importations of 'strangers,'
obtained by purchase or exchange.

"3. Criminals--condemned to slavery as a punishment for
offences.

"In this light, and only in this light, is their legislation
intelligible and consistent. It is very true that the code
of which this law is a part 'exhibits throughout the hand of
the practised lawyer, familiar with the principles and
securities of English Liberty;' but who had ever heard, at
that time, of the 'common-law rights' of Indians and
Negroes, or anybody else but Englishmen?

"Thus stood the statute through the whole colonial period,
and it was never expressly repealed. Based on the Mosaic
code, it is an absolute recognition of slavery as a
legitimate status, and of the right of one man to sell
himself as well as that of another man to buy him. It
sanctions the slave-trade, and the perpetual bondage of
Indian