one in any incorporated city, town or company. For instance: A man was said to be a “free British subject”—meaning thereby that he was a naturalized or native born citizen of the British government, as distinguished from an alien, or person neither naturalized nor native born.
Again. A man was said to be “free of a particular trade in the city of London”—meaning thereby, that by the bye-laws of the city of London, he was permitted to follow that trade—a privilege which others could not have without having served an apprenticeship in the city, or having purchased the privilege of the city government.
The terms “free” and “freemen” were used with reference to a great variety of privileges, which, in England, were granted to one man, and not to another. Thus members of incorporated companies were called “freemen of the company,” or “free members of the company;” and were said to be “free of the said company.” The citizens of an incorporated city were called “the freemen of the city,” as “freemen of the city of London.”
In Jacobs’ Law Dictionary the following definitions, among others, are given of the word “freeman.”
“Freeman—liber homo.” * * “In the distinction of a freeman from a vassal under the feudal policy, liber homo was commonly opposed to vassus, or vassalus; the former denoting an allodial proprietor; the latter one who held of a superior.”
“The title of a freeman is also given to any one admitted to the freedom of a corporate town, or of any other corporate body, consisting, among other members, of those called freemen.”
“There are three ways to be a freeman of London; by servitude of an apprenticeship; by birthright, as being the son of a freeman; and by redemption, i. e. by purchase, under an order of the court of aldermen.”
“The customs of the city of London shall be tried by the certificate of the Mayor and Aldermen, * * * as the custom of distributing the effects of freemen deceased: of enrolling apprentices, or that he who is free of one trade may use another.”
“Elections of aldermen and common-councilmen are to be by freemen householders.”
“An agreement on marriage, that the husband shall take up the freedom of London, binds the distribution of the effects.”
The foregoing and other illustrations of the use of the words “free” and “freemen,” may be found in Jacob’s Law Dictionary, under the head of Freeman, London, &c.
And this use of these words has been common in the English laws for centuries. The term “freeman” is used in Magna Charta, (1215). The English statutes abound with the terms, in reference to almost every franchise or peculiar privilege, from the highest to the lowest, known to the English laws. It would be perfectly proper, and in consonance with the legal meaning and common understanding of the term, to say of Victoria, that “she is free of the throne of England,” and of a cobbler, that he “is free of his trade in the city of London.”
But the more common and important signification of the words is to designate the citizens, native or naturalized, and those specially entitled, as a matter of political and acknowledged right, to participate in, or be protected by the government, as distinguished from aliens, or persons attainted, or deprived of their political privileges as members of the state. Thus they use the term “free British subject”—“freeman of the realm,” &c. In short, the terms, when used in political papers, have a meaning very nearly, if not entirely synonymous, with that which we, in this country, now give to the word citizen.
But throughout the English law, and among all the variety of ways, in which the words “free” and “freemen” are used, as legal terms, they are never used as the correlatives, or opposites of slaves or slavery—and for the reason that they have in England no such persons or institutions, known to their laws, as slaves or slavery. The use of the words “free” and “freemen,” therefore, do not in England at all imply the existence of slaves or slavery.
This use of the words “free” and “freemen,” which is common to the English law, was introduced into this country at its first settlement, in all, or very nearly all the colonial charters, patents, &c., and continued in use, in this sense, until the time of the revolution; and, of course, until the adoption of the first state constitutions.17
The persons and companies, to whom the colonial charters were granted, and those who were afterwards to be admitted as their associates, were described as “freemen of said colony,” “freemen of said province,” “freemen of said company,” “freemen of the said company and body politick,” &c. (See charter of Rhode Island.)
Many, if not all the charters had a provision similar in substance to the following in the charter to Rhode Island, viz.:
“That all and every the subjects of us, our heirs and successors,” (i. e. of the king of England granting the charter,) “which are already planted and settled within our said colony of Providence Plantations, or which shall hereafter go to inhabit within the said colony, and all and every of their children which have been born there, or which shall happen hereafter to be born there, or on the sea going thither, or returning from thence, shall have and enjoy all liberties and immunities of free and natural subjects, within any of the dominions of us, our heirs and successors, to all intents, constructions and purposes whatsoever, as if they and every of them were born within the realm of England.”
The following enactment of William Penn, as proprietary and Governor of the Province of Pennsylvania and its territories, illustrates one of the common uses of the word “freeman,” as known to the English law, and as used in this country prior to the revolution—that is, as distinguishing a native born citizen, and one capable of holding real estate, &c., from a foreigner, not naturalized, and on that account subject to certain disabilities, such as being incompetent to hold real estate.
“And forasmuch as it is apparent that the just encouragement of the inhabitants of the province, and territories thereunto belonging, is likely to be an effectual way for the improvement thereof; and since some of the people that live therein and are likely to come thereunto, are foreigners, and so not freemen, according to the acceptation of the laws of England, the consequences of which may prove very detrimental to them in their estates and traffic, and so injurious to the prosperity of this province and territories thereof. Be it enacted, by the proprietary and governor of the province and counties aforesaid, by and with the advice and consent of the deputies of the freemen thereof, in assembly met, That all persons who are strangers and foreigners, that do now inhabit this province and counties aforesaid, that hold land in fee in the same, according to the law of a freeman, and who shall solemnly promise, within three months after the publication thereof, in their respective county courts where they live, upon record, faith and allegiance to the king of England and his heirs and successors, and fidelity and lawful obedience to the said William Penn, proprietary and governor of the said province and territories, and his heirs and assigns, according to the king’s letters patents and deed aforesaid, shall be held and reputed freemen of the province and counties aforesaid, in as ample and full a manner as any person residing therein. And it is hereby further enacted, by the authority aforesaid, That when at any time any person, that is a foreigner, shall make his request to the proprietary and governor of this province and territories thereof, for the aforesaid freedom, the said person shall be admitted on the conditions herein expressed, paying at his admission twenty shillings sterling, and no more, anything in this law, or any other law, act, or thing in this province, to the contrary in any wise notwithstanding.”
“Given at Chester,” &c., “under the hand and broad seal of William Penn, proprietary and governor of this province and territories thereunto belonging, in the second year of his government, by the king’s authority.
W.
