case CHAMBERLINE against harvey trespass will not lie for take and carry away  one negro slave of the price of c so that the plaintiff be total without and  lose the use and benefit of the say negro c for by the law of England one man  can have a absolute property in the person of another man but as under certain  circumstance a man may have a qualify property in another in the character of  servant c a action for take he away will in such case lie per quod slavery to  send away S c Carth S c ld ray S c ld ray trespass for take a negro slave of  the value of one hundred pound upon not guilty plead the jury find a special  verdict at the guildhall in London modern er p that before the trespass commit  one Edward Chamberline be seize in fee of a plantation in barbados and of  certain negro slave thereunto belong that the negro now take be bear within  the say island of negro parent be slave belong to the say plantation that a  ordinance be make by the deputy governor Council and assembly of the  representative in the say island that the negro slave there shall be real  estate and shall descend to the heir or widow as land of inheritance c that  Edward Chamberline die seize c after who death one three part of the  plantation and negro slave whereof this negro be one come to mary his widow  and relict as her dowry and the reversion of the say three and the two other  three descend to the plaintiff as son and heir of Edward Chamberline that the  say mary afterward marry sir John Witham who thereupon be seize in her right  for her life of one three part of the plantation and slave and be so seize he  do in the thirtysixth year of king Charles the second bring this very negro  into England where he continue in the service of the say sir John Witham  several year that he be baptise here but without the privity or consent of the  plaintiff that after the death of the say mary sir John Witham turn this negro  out of his service who afterward serve several other master here and at the  time when the trespass be suppose to be commit be in the service of the  defendant and have for his wage six pound by the year but whether upon the  whole matter the defendant be guilty of the trespass they refer to the court a  case like this never happen before modern three question be make upon this  verdict first whether upon this find there be any legal property vest in the  plaintiff second if any such property be vest in he then whether the bring  this negro into England be not a manumission and the property thereby divest  three whether a action of trespass will lie for take a man of the price of one  hundred pound as to the first though the word slave have but a very harsh  sound in a free and Christian country yet perfect bondage have be allow in  such place the power which natural arise to the lord over such bondman or  slave be by reason of his supply they with food and raiment during their life  as a recompense for their labour such be the usage of the island of barbados  the jury have find a law there which make these slave part of the real estate  and this negro be bear of negro parent there now the child of such parent be  slave as well as they so it be among the Roman where both parent be alien the  child be so too this ordinance make in barbados be subject to the crown of  England have the same force there as a Act of parliament have here now if this  have be the case of a villain here the jury have find enough to make he  retardant to a manor in which by the law of this land the lord have so  absolute a property that if he be take away the party detain he gain no  property in he for then the writ de that has arisen by birth to have must be  bring against he but it be only direct to the sheriff to take he wherever he  may be find c a action of trover will not lie except where the plaintiff have  a property in the thing demand now it can be deny but that trover will lie for  a negro for so be the case butt v penny it be true there be no judgement enter  in that case that may be the fault of the attorney in not bring in the postea  Trinity term car lev keb a second nothing here find amount to a manumission or  enfranchisement modern manumission be define by Littleton light sect b to be  when the lord make a deed to his villain to enfranchise he this be one kind of  manumission the other be when the lord do some act which in judgement of law  amount to make his villain free as by make a feoff in fee to he and deliver  seize accord c it be true he may have several temporary privilege whereby be  may be exempt from the seize of the lord as enter into religion c but can in  no case be enfranchise but where the lord be a actor and even in such case if  the lord himself have enfranchise he by deed cum totan sequela svan bring into  existence et procreand this be not a modern er p sufficient manumission of  such child which he have before the execution of the deed without special word  because they be villain in possession at that time   light yearbook Henry pl a  bro Abr villeinage pl c but here be nothing of the lord consent find in this  verdict but the contrary then the bring of he into England by sir John Witham  will not make he free because he be a trespasser in so do for he ought not to  have remove he from the plantation to which he be regardant if therefore take  he from the plantation be tortuous then the find that he continue in his  service and that he be afterward turn away will not amount to a manumission  the chief question then be whether baptism without the privity of the lord  will amount to a manumission now if a bare consent without any other act of  the lord will not be sufficient to make his villain free so as to divest  himself of that property which he have in he then b strong what the villain do  without the consent of the lord can acquire a manumission that a bare consent  alone be not sufficient appear by my Lord coke commentary on Littleton   light  b a and the authority there cite in the margin that if a neif regardant to a  manor marry a freeman without the licence of the lord who afterward make a  feoff of the manor and then her husband die the lord shall still have the neif  and not the feoff if baptism shall be account a manumission it will very much  endanger the trade of the plantation which can be carry on without the help  and labour of these slave for the parson be bind to baptise they as soon as  they can give a reasonable account of the Christian faith and if that will  make they free then few will be slave modern it be argue on the other side  that it be against the law of nature for one man to be a slave to another it  be true that a man may lose his liberty by a particular law of his country or  by be take in war for there he owe his life to those who preserve he or where  a man voluntary sell himself for sustenance or alimony but no such thing be  find in this verdict and nothing shall be presume but what be in favour of  liberty it be by the constitution of nation and not by the law of nature that  the freedom of mankind have be turn into slavery thus say Bracton bract u cap  b of facio etian servi unconstrained man captivity de jure a king of Illyria  but our law be call freedom England because they make man free and therefore  even in the time of villeinage here the lord have not such a absolute property  over his slave but that in some case that very slave may have a action against  his lord as a appeal for the death of his father so where the lord be indebt  to the testator of his villain he may bring a action against he as executor so  may the neif have have a appeal of rape be ravish by her lord Littleton tenor  sect c if slavery in barbados and villeinage here be the same sort of  servitude the plaintiff may be seize of this negro as a villain in gross or as  regardant to the plantation for there be but two sort of villain here either  in gross or regardant to particular manor now this can be a villain regardant  to the plantation for then the plaintiff and his ancestor must be seize of  this negro and his ancestor time out of the memory of man which can not be  because barbados be acquire to the English within time of memory and he can be  a villain in gross because it be find that he be bear of parent belong to the  plantationLittletons tenor d but if the plaintiff have any property in this  negro he must either have a absolute or a qualify property in he at the time  of the trespass suppose to be commit he can not have a absolute or general  property because by great Charta and the law of England no man can have such a  property over another and if he have only a qualify property then a action of  trespass will not lie but a action per quod slavery to send away modern but if  the plaintiff have any right to the servitude of this negro that right be now  divest by his come into England for the ordinance make in barbados shall not  make he so regardant to the plantation there as to go to the heir because that  be only law loci and adapt to that particular place as the law of stannary in  Cornwall and extend only to that country so long as he be occupy in service on  that plantation and if he be bring into another country where that law have no  effect that amount to a manumission so that the bring he into England  discharge he modern er p of all servitude or bondage especial be turn out of  the service of his master and not allow sustenance by he for food and cloth be  the only recompense for servitude but be baptise accord to the rite of the  church he be thereby make a Christian and Christianity be inconsistent with  slavery and this be allow even in the time when the popish religion be  establish as appear by Littleton sect a for in these day if a villain have  enter into religion and be profess as they call it the lord can not seize he  and the reason there give be because he be dead in law and if the lord may  take he out of his cloister then he can not live accord to his religion the  like reason may now be give for baptism be incorporate into the law of the  land if the duty which arise thereby can be perform in a state of servitude  the baptism must be a manumission that such duty can be perform be plain for  the person baptise be to be confirm by the diocesan when they can give a  account of their faith and be enjoin by several act of parliament to come to  church and it can be a objection of any weight to say that though he be  baptise yet it be not by the consent of the lord because he be enjoin by the  law but if the lord have still a absolute property over he then he may send he  far enough from the performance of those duty videlicet into Turkey or any  other country of infidel where they neither call or will be suffer to exercise  the Christian religion the law be so careful of the liberty of man under its  protection that the king himself who have so great a right to the duty and  service of his subject can send any one out of England against his will to  serve in any other place even in his own dominion for this my Lord coke say  will be to make away with native land Inst Bl Com hawk p c c b and therefore  the lord can not send a villain modern in gross out of the kingdom because the  king have a right in he thus it be also in the case of apprentice who though  they voluntary submit themselves to serve their master for a certain number of  year yet they can be send out of the kingdom though it be to their master  house and in his service unless it be the agreement or the nature of the  apprenticeship be suchCoventry v Woodall hob Brownl pl a captive take in war  be under the most slavish degree of servitude and those to who they be subject  have thereby the high right in they because it be lawful not only to dispose  of they at their pleasure but even to destroy they but it be observe among the  turk that they do not make slave of those of their own religion though take in  war and if a Christian be so take yet if he renounce Christianity and turn  mohometan he thereby obtain his freedom Molloy de jure maritimo b and if this  be a custom allow among infidel then baptism in a Christian nation as this be  shall be a immediate enfranchisement to they and they shall thereby acquire  the privilege and immunity enjoy by those of the same religion and be entitle  to the law of England three this action will not lie for take a man price  centum a balance first because it be not find that either the widow or the  heir be in possession of this plantation and negro slave at the time of the  action bring for if this negro be part of the real estate then sir John Witham  be a seize by bring he into England and a disseizee can have a action of  trespass before a reentry because the freehold be in the seize roll Abr c  second the vagrancy of a villain or a neife be the fault of the lord and  therefore in the seven year of Richard the second it be hold that if a strong  marry such neife not know to what lord she belong he be not a trespasser  Fitzherbert Abr bar pl d which be this very case in point Adjournatur  afterward in Hilary term judgement be give for the defendant that the bill  shall abate for the court be of opinion that no action of trespass will lie  for the take away a man general but that there may be a special action of  trespass for take his servant per quod slavery to send away modern er p