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To: Sherman Logan

Did English common law even recognize slavery as a status in the 16th century? By then the English are involved in the slave trade, but perhaps not taking any of those captured to England. The Spanish and Portuguese had a tradition going back to Roman law about slavery, reaffirmed by the church in the 1400s...one of the legitimate categories justifying slavery was “taken prisoner in a just war”—so any slaves purchased from dealers at trading posts on the African coast could be classified as prisoners of war taken in a just war. Somehow all the wars that resulted in captives were just wars.


12 posted on 10/11/2011 7:46:18 AM PDT by Verginius Rufus
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To: Verginius Rufus

I am not a common lawyer.

But the institution was outlawed in England in 1772 by the Somersett case which was based on common law, not a statute.

However, it had been accepted for several centuries there previously.


13 posted on 10/11/2011 8:56:17 AM PDT by Sherman Logan
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