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![handle is hein.slavery/ssactsengr0984 and id is 1 raw text is: for the laws of England do not extend to Virginia, being a conquered country their
law is what the King pleases; and we cannot take notice of it but as set forth ;
therefore he directed the plaintiff should amend, and the declaration should be made,
that the defendant was indebted to the plaintiff for a negro sold here at London, but
that the said negro at the time of sale was in Virginia, and that negroes, by the
laws and statutes of Virginia, are saleable as chattels. Then the Attorney-General
coming in, said, they were inheritances, and transferrable by deed, and not without
and nothing was done.
2. SMITH versits GOULD.
[Mich. 4 Ann. B. R. 2 Ld. Raym. 1274, S. C.]
[See Forbes v. Cochrane, 1824, 2 B. & C. 471.]
Vide 5 Mod. 186, 187. 2 Lev. 201. 3 Lev. 336. Trover lies not for a negro; but
in trespass quare captivum siumm cepit, plaintiff may give in evidence that he was his
negro. Differences between property in things having a natural existence and a
civil existence only. Vide ante, 556, 637.
Trover for several things, anl among the rest de uno -Ethiope vocal, a negro ; and,
on not guilty pleaded, verdict was for the plaintiff, and several damages; and as to
tile negro 301. And it was moved in arrest of judgment, that trover lay not for a
negro, for that the owner had not an absolute property in him ; he could not kill h'im
as he could all ox. Contra, it was said property implies the right of having and enjoy-
ing, and disposing ; but it does not always imply a power to destroy ; that this [667]
pOWLer' holds in beasts, fowl, and fish, which were made the property of maukind by
the act of God, and have a natural existence, hut not in things incorporeal, which
consist in jure tantim ; for this being a property ex instituto only, the owuer has only
a power according to the measure of this instituted right: and it was iustanced ill the
case of a common, a way, and a ward. On a ca. sa. the plaintiff has an interest in tile
body of the prisoner as a pledge not to sell, but to keep, and it goes to the executors.
lHob. 61. In a servant to work him ; in a captive to sell him. Reg. 102. F. N. Br'.
86 a. B. N. C. 295. Bro. Property 38. 1 ff. 6, c. 5 in Rast. 219. Cot. Abb. 460.
That the writ de nativo habendo must lay the explees of a villeiu in working and taxing
him at will. Co. Ent. 406. That by the law of Moses 3 man may be a slave, and a
slave was a chattel, his master's money, Exod. 20, 21. That by the same reason there
may be a servus predialis, i.e. a villein. One may be a servus personalis. an( that first a
captive and afterwards a villein. Hob. 97. Brownl. 78. A villein in gross is a
chattel, for he is of a perishable nature, and cannot endure for ever. So is Fitz.
Discontinuance 16. Br. Villein 60. As villeins are regardant to land it is a different
thing, and in that respect they are inheritances, and so are the charters. Every
villein is intended in law regardant ; the writ in the register therefore supposes him
to be nativum snium, but before he was a villein he was a captive, and then a chattel.
Lastly, it was insisted, that the Court ought to take notice that they were merchandize,
and cited 2 Cro. 262. The case of monkeys, 2 Lev. 201. 3 Keb. 785. 1 Inst. 112.
If I imprison my negro, a habeas corpus wiii not lie to deliver him, for by Mayna Charta
he must be libe hoino. 2 Inst. 45. Sed Vaia contra, Men may be tile owners, and
therefore cannot be tile subject of property. Villemage arose from captivity, and a
man may have trespass piare cat)liont suitm cepit, but cannot have trover de gallico suo.
Anl the Court seemed to think that in trespass quare captivam sawn cepit, the
plailtiff might give in evidence that the party was his negro, and he bought him.
[668] VISNE.
1. SEAMAN cersus LING.
[Mich. (; Will. 3, B. I.]
If tli, defendant he a harrister or attorney, he may change the venue to Middlesex,
See I Mol. (4. 2 Show. 242, 176. 1 Vent. 1, 11, 16, 29, 298.
If the defendant be a barlistel, ho may have the risuff changed to Middlesex. In
Triln. 2 Ann., \\ilcek-, al atLorly, vai illt:', by bill of privilege, and tle action was
567
2 SALKELD, 667.
VISN E](ViewImageLocal?handle=hein.slavery/ssactsengr0984&div=1&collection=&method=preview&ext=.png&size=3)