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![handle is hein.slavery/ssactsengr0991 and id is 1 raw text is: EASTER TERM, 5 ANNIE REGINIE
were committed; the statement being merely that he claimed and exercised the office
at that time.
(a)2 Vide Dougl. 112, 335, 636, 638. 2 T. R. 471, 472. 3 T. R. 496.
(a)8 R. ace. ante, 1189. Burr. 1729. D. ace. Str. 233.
(b) Vide the preceding page, and the books.cited in the margin.
SMITH vers. GOULD.
S. C. Salk. 666, pl. 2.
Trover does not lie for a negroe. Where several damages are given for several
injuries, the judgment may be arrested as to some of them only.
In an action of trover for a negro, and several goods, the defendant let judgment
go by default and the writ of inquiry of damages was executed before the Lord Chief
Justice Holt at Guildhall in London. Upon which the jury gave several damages,
as to the goods, and the negro; and a motion as to the negro was made in arrest of
judgment, that trover could not lie for it, because one could not have such a property in
another as to maintain this action. Mr. Salkeld for the plaintiff argued, that a negro
was a chattel by the law of the plantations, and therefore trover would lie for him ;
that by the Levitical law the master had power to kill his slave, and in Exodus xx.
ver. 21, it is said, he is but the master's money; that if a lord confines his villain,
this Court cannot set him at liberty: Fitz. Villain 5, and he relied on the case of
Butts and Penny, 2 Lev. 201. 3 Keb. 785, as in point, where it was held, trover would
lie for negroes. Sed non allocatur. For per totam Curiam this action does not lie
for a negro, no more than for any other man ; for the common law takes no notice of
negroes being different from other men. By the common law no man can have
a property [1275] in another, but in special cases, as in a villain, but even in him not
to kill him: so in captives took in war, but the taker cannot kill them, but may sell
them to ransom them: there is no such thing as a slave by the law of England. And
if a man's servant is took from him, the master cannot maintain an action for taking
him, unless it is laid per quod servitium amisit. If A. takes B. a Frenchman captive
in war, A. (a) cannot maintain an action, quare cepit B. captivum suum Gallicum.
And the Court denied the opinion in the case of Butts and Penny, and therefore judg-
ment was given for the plaintiff, for all but the negro, and as to the damages for him,
quod querens nil capiat per billam.
(a) Vide Reg. Br. 102 b. F. N. B. 88 A.
REGINA vers. TRUEBODY.
'Tis a sufficient ground to disfranchise a capital burgess that he has altogether
left the borough. S. C. 11 Mod. 75. Holt 449.
To a mandamus directed to the Mayor, &c. of the Borough of Lestwithiel in
Cornwall, to restore Truebody to the office of a capital burgess of that borough, they
returned the constitution of the borough, and the election of Truebody, &c. but they
shew further, that Truebody left the borough, and lived out of it for several years,
and neglected attendance at the publick assemblies, &c. and therefore they removed
him from his place of capital burgess. Sir John Hawles for Truebody took an excep-
tion to the return, that (a) it did not appear that Truebody had any notice or summons
to attend, and shew cause, why he should not be removed; which was contrary to
natural justice, that a man should be disfranchised, without ever being heard what he
had to say for himself. Sed non allocatur ; for per Curiam, if a capital burgess quite
leaves the borough, and goes and resides altogether in another place, there is no need
of summoning him before he is removed ; because he has abdicated the borough, and
it is a sufficient ground for turning him out; otherwise if he only left the borough
a while for his health's sake, &c. And the return was adjudged a good return.
(a) According to the report in 11 Mod. 75. Holt 449, Truebody had been
2 LD. RAYM. 1275.](ViewImageLocal?handle=hein.slavery/ssactsengr0991&div=1&collection=&method=preview&ext=.png&size=3)