In Sharp's tract, on "the injustice and dangerous tendency of
tolerating slavery," published in London, by Benjamin White, Fleet-
street, 1769, after quoting York and Talbot's opinion of Jan. 14,
1729, he states, that thirty years prior to this opinion, in the case of Gall-
way versus Caddee, before Baron Thompson, at Guildhall, the slave was
judged to be free, "from his first setting foot on English ground."
He records a similar judgment in 1732, in the case of De Penna, &c.
versus Henriquez ; and Lord Chief Justice Holt's prior decision, "that
as soon as a negro comes into England, he becomes free"—"one may
be a villain in England, but not a slave."
He cites the following glorious principles of law.
"The law favors liberty." Wood's Inst. B. 1, c. 1, p. 25. Coke's
1st Inst. B. 124, and 2d Inst. 42, 115.
" The law favoreth a man's person before his possessions." Pfoyes'
Maxims, p. 6 and 7.
"Q.uoties dubia interpretatio libertatis est, secundum libertatem re¬
spondendum." Digest. Lib. 50, Tit. 17, Leg. 20. Whenever the ques¬
tion of liberty seems doubtful, the decision must be in favor of liberty.
"The inferior law must give place to the superior—man's laws to
God's laws." Noye's Maxims. If, therefore, any statute be enacted
contrary to these, it ought to be considered of no authority in the laws
of England. Etiam-si aliquod statutum esse editum contra eas (that is
against the laws of God) nullius vigoris, in legibus Anglia;, censeri debet.
(Pages 55, W, of another tract, entitled "Just limitation of slavery.")
"Usage'and custom, generally received, have the force of law." Hale's
History of Common Law, p. 65.
S" Q,uia consuetudo, ex certa causa rationabile usitata, privat commu-
nem legem ;" because custom, derived from a certain reasonable cause,
takes the place of law. Littleton, Lib. 2, c. 10, sec. 149.