Notes On the History of Slavery in Massachusetts

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3. 3 ch. 6. ; i & 2 Anne, ch. 2. ; and 4 & 5 Anne, ch. 6.
" The plain tiffs argued that by Englifh Law, Jlavery could not exift, and that we had nothing to do with any other, except the Provincial Statutes ; that if thefe eftabliftied flavery, it was merely by implication, and that natural liberty was never to be taken away by implication ; that at common law partus nonjequitur ventrem y though it might be otherwife by the civil law, which England, in this cafe, had never adopted ; that marriag
...e and providing for children was a right and a duty which only free perfons could perform ; that the Gofpel forbid men to fell their brethren ; and that the plaintiffs were Chriftians, and, if held in flavery, could not perform their Chriftian duties ; that even villainage is abolifhed by Englifh law, and that the common law abhorred flavery. But it was ad mitted by the plaintiff s counfel, that flavery might be eftabliflied by exprefs law ; and the defendants urged, and it feems long to have been underftood, that the Provincial Statutes did expreffly recognize and es- tablifh flavery, as in the cafes above ftated, and in many others.

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