to our neighbors, who in return land theirs upon us, and that it thus becomes a sort of nursery for robbers, or, at any rate, for vagabonds and beggars, who are the pest of every country, I am often led to think that the establishment of slavery under certain limitations would prove a profitable plan."

'Commentaries on the Laws of Moses, Art. cxxii; see also Silliman's Second Visit, vol. i, p. 233; vol. ii, p. 7, 9, 11; Prime's Travels in Europe and the East, i, 361, 394; ii, 8, 47.

CHAPTER VIII.

SLAVERY IN GREAT BRITAIN.

A GLANCE at the history of slavery in Great Britain must suffice us.

The ocean-bound isle has not been exempt from the common fate of the nations of the world.

Of the ancient Britons and their social system but little is known. They were a simple, rude, and warlike people; "satisfied with a frugal sustenance and avoiding the luxuries of wealth." They were governed by a large number of petty chiefs or lords, by whom the people were not oppressed; "for," says an old writer, “it is a certain maxim, that though great nations may be upholden by power, small territories must be maintained by justice." In fact, they seemed unusually free, for Dion, in the Life of the Emperor Severus, says, "that, in Britain, the people held the helm of government in their own power." Their wealth consisted of cattle, and they might almost be termed a nomadic race, their towns consisting of mere huts, temporary in their structure and occupation. Among such a people it is more than probable slavery, if it existed at all, was mild, and similar to that of the Jewish patriarchs.

The Romans, with their invasion, introduced their system of slavery. Many of the conquered Britons were

1 Diodorus, Lib. V, p. 301.

2 Discourse on Government, by Nath'l Bacon, p. 2.

Cited by Bacon, as above.

4 Turner's Anglo-Saxons, Bk. I, ch. v, pp. 63, 64.

exposed in the slave-market of Rome. The rule of the Saxons did not change the social system of Britain in this respect. Among no people were the orders or classes more distinctly divided. The edhiling, or nobility; the frilingi, or freed slaves; and the lazzi, or slaves, were among their earliest distinctions. The slaves are mentioned by other names, in the ancient laws, such as theow, thræl, men, and esne.3 There were great numbers of these slaves, being a large majority of the population. Single individuals owned large numbers. Alcuin, an Anglo-Saxon abbot, had ten thousand.

The usual sources of slavery were recognized among the Saxon laws. Birth, sale, captivity in war, the penalty for crime, are all mentioned as legitimate sources of slavery. From the laws of Henry I, it would appear that a great variety of causes of slavery were recognized at that time: "Servi alii naturâ, alii facto, et alii empcione, et alii redempcione, alii, suâ vel alterius dacione servi, et si qui sunt aliæ species hujusmodi." He reduced them all to two, "servi, alii casu, alii geniturâ."

The condition of the Saxon slave was that of pure slavery. His very existence was merged in the master, so that the maxim of their law was, "omne damnum quod servus fecerit, dominus emendet." The master could inflict corporal punishment ad libitum; and while their laws prescribed the "wegreaf," or "weregild," of a theow, when slain by a stranger, no punishment was affixed for his homicide by his master. He was the

1 They were considered, in Rome, as stupid. Thus Cicero, speaking of the captive Britons, "Ex quibus nullos puto te literis aut musicis eruditos expectare." Ad Art. Lib. IV, 16.

2 Turner's Anglo-Saxons, Bk. VII, ch. ix; Nithard's Hist. Lib. IV. From lazzi, comes the English word lazy, so often applied to servants. See Rees's Cyclopædia, "Lazzi."

3

Turner, as above; Ancient Laws and Institutes of England, passim. Leg. Hen. I, 76.

5 Laws of Kings Hlothheare and Eadric, 1, and note thereto. Wihtr. ch. xxiii. The slayer of a slave, by the law of Aethelbert, paid three

subject of sale and of gift. Some of the later kings forbade the sale of a Christian slave to be sent beyond the realm.' He could not appear in court except through his lord; nor was he allowed his oath, that privilege being one of the characteristics of a freeman. The slaves were conveyed both by deed and by will, and in juxtaposition with cattle and other personalty. Branding was a common punishment with them; and it would seem, from one expression, that they were sometimes yoked: "Let every man know his teams of men, of horses, and oxen."

It is very certain that the slaves wore around their necks brazen collars, having their own and their masters' names inscribed thereon."

The freedmen were allowed, by the laws of Alfred, as holidays, "xii days at Yule (Christmas), and the day on which Christ overcame the Devil, and the commemoration day of St. Gregory, vii days before and vii days after; one day at St. Peter's tide and St. Paul's; and in harvest, the whole week before St. Mary mass; and one day at the celebration of All-Hallows, and the iv Wednesdays in the iv Ember weeks. To all theow men be given to those to whom it may be most desirable to give,

shillings. By the law of Ethelred, the slayer paid one pound. By the same law, the slayer of a freeman paid thirty pounds. Laws of Ethelred, ii, 5. See also Bacon's Discourse, 35. Alfred procured the passage of the Jewish law, as to the homicide of a slave, or the maiming by loss of eyes or teeth, by the master. Laws, 17.

'Laws of King Cnut (secular), 3. Laws of Etheldred, viii, 5, which adds, "Si quis hoc presumat, sit præter benedictionem Dei, et omnium sanctorum, et præter omnem Christianitatem, nisi poeniteat et emendet, sicut episcopus suus edocebit." Laws of William the Conqueror, & 41. 2 Laws of King Withraed, ?? 22, 23.

3 Some curious instances are collected in Turner's Anglo-Sax., Bk. VII, ch. ix. 4 Wilk. Leg. Sax. p. 47.

In Ivanhoe, ch. i, Sir Walter Scott introduces a slaye, with his collar on his neck, with the inscription-"Gurth, the son of Beowulph, is the born thrall of Cedric, of Rotherwood."

whatever any man shall give them in God's name, or they, at any of their moments, may deserve."

The working of slaves on the Sabbath, however, was expressly forbidden, and the penalty therefor was the freedom of the slave. If a freedman worked on that day, without his lord's command, he forfeited his freedom. If a slave worked on that day, without his lord's command, "let him suffer on his hide."2

The harborer of a fugitive slave was required to pay the owner the value of the slave. The slaves themselves were not allowed admittance into sacred orders, "ante legitimam libertatem."4

The written contracts of that day, which have been preserved, enable us to give accurately the prices of slaves. A half pound was the average price." They were purchased for exportation, until that was forbidden; and Henry states, that at Bristol a brisk slave-trade was carried on, in purchasing Englishmen and exporting them to Ireland for sale." And William of Malmsbury states, that it seems to be a natural custom with the people of Northumberland, to sell their nearest relations."

It would seem, from the fact that slaves purchased their freedom sometimes, that the indulgence of masters allowed them something similar to the Roman peculium. Theft appears to have been a common offence with them, and the master was made responsible therefor, unless he showed, by his oath and compurgators, that it was done without his command. In the event of their committing homicide, they were required to be delivered to the avengers of blood; and for other offences, branding was

'Laws of King Alfred, ch. xliii. Laws of King Ina, ? 30.

2 Dooms of King Ina, ? 3. Laws of Henry I, ch. lxviii.

5 Turner has collected several; Bk. VII, ch. ix.

Hist. vol. iv, p. 238; Barrington on Statutes, 274; Bancroft's United States, i, 162.

7 Lib. I, ch. iii; consult also Strabo, Lib. IV, p. 199 (ed. Paris, 1620).