Slavery and the Law in 18th-Century Scotland Presented by: Mr. Watson Date: 5 March 2023 Edinburgh Evening Courant, 28 April 1720 - Taken up a strolling Negro, who ever owns him, and gives sufficient Marks of his being theirs, before end of two weeks after the date hereof, to Mr. Andrew Ramsay, Merchant in Glasgow, may have him again upon the Payment of Expenses laid out on him, otherwise the present Possessor will dispose of him at his Pleasure. Stair, Institutions (1693), l.ii.11 - Bondage, though contrary to the nature of liberty, yet it is lawful, liberty being a right alienable, and in our disposal, so that the natural law constitutes us free, but puts no necessity on us to continue. And therefore servitude is approved both in the Old Testament and in the New … - … though slavery be against the natural law of liberty, yet it is received for conveniency by the nations, being more willing to lose liberty than life. Bankton, Institutes (1754), l.ii.77 - Slavery was introduced by the law and customs of nations. It is indeed contrary to the state of nature, by which all men were equal and free; but is not repugnant to the law of nature, which does not command men to remain in their native freedom, nor forbid the preserving persons, at the expense of their liberty, whom it was lawful to kill. - The parents being slaves, the children behooved to be of the same condition. Yorke-Talbot Opinion, 1729 - A slave, by coming from the West Indies, either with or without his master, to Great Britain or Ireland, doth not become free; and that his master's property or right in him is not thereby determined or varied; and baptism doth not bestow freedom on him, nor make any alteration in his temporal condition in these kingdoms. We are also of opinion, that the master may legally compel him to return to the plantations. Random Selection of Threats - "if he be found in any Person's Custody after this public notification, and not delivered up, they will be prosecute according to Law" - "As every person knows the penalty of harboring a slave, any person that does will be prosecute in terms of the act of parliament." - "It is hoped no person will harbor or employ him, and no shipmaster will carry him off the country, as his master is resolved to prosecute in terms of law." Act of 1621, "anent servandis going lowse and leving thair maisteris service" - If the servant ran away: • It salbe lauchfull for his maister to tak and apprehend him wheresoeuir he findeth him and present him unto the constable or justice of peace upoun quhair he salbe fund, who sall have power to compell the servand to returne unto his former maister. Jacky's Manumission - Machermore 14th June 1771. Know all men by these presents that I Charles Warner Dunbar of Machermore in the Stewartry of Kikrcudbright in County of Galloway North Britain have hereby voluntarily discharged the Black man, Jacky, from the Bonds of Slavery, in consideration of his services during Twenty years, and I do hereby renounce all Claim, right, Title and property in & to the said Man named Jacky, as fully and specially as if he had purchased his liberty. And I do by these presents Declare that the forementioned person Jacky has full right power and authority in himself to enter into the Service of and gentleman in Great Britain or elsewhere, as his Inclination or Interest may direct him, he having by these presents full and ample power to do so. In Witness Whereof I have hereunto sett [sic] my hand and Seall [sic] this fourteenth day of June Seventeen hundred and Seventy one before theses witnesses Patrick M'Dowall and John Adams my Servants. Signed, Sealed and Witnessed at Machermore. (Signed) Charles Warner Dunbar Patrick Dunbar Witness John Adams Witness. Extracted by (Signed) Robt. Fergusson, Clk.