924 APPENDIX TO Vol. 111. 



fuffer fuch concubinage, fhnll be condemned each in a finh of two 

 thoufand pounds weight of fugar. I-And, if any mafler fliall have 

 children by his own (lave, we will, that, over and above the hke 

 fine,, he fhall be deprived of fuch flave and children ; and that both 

 (he and they fhall be forfeited to the ufe and, benefit of the hofpita], 

 with difability of their becoming enfranchifed.\ We mean not, 

 however, that the prefent article take effect, in cafe the father, 

 not being a married man at the time of fuch his concubinage with 

 his flave, fhall afterwards intermarry with his faid flave (according 

 to the forms obferved by the church); in confequence whereof, fhe 

 fhall become enfranchifed, and the children free and legitimate [<^j. 



X. The folernnities regarding marriage, prelcribed by the or- 

 dinance of Blois (art 40, 41, 42), and by the declaration of the 

 month of November, 1639, ihaU be obferved, as well with 

 refpecl to flaves as free perlons ; provided, however, that it fhall 

 not be neceflary to obtain the confent of the father or mother, but 

 only that of the mafler. 



XI. We forbid clergymen to folemnize the marriage of flaves, 

 unlefs they can produce the confent of their mafter. And we 

 likewife forbid mafters to ufe any conflraint towards their flaves, to 

 make them marry involuntarily. 



XII. The children, produced from the marriage of one flave with 

 another, Ihall be flaves, and belong to the mafler of the wife, and 

 not of the hufband, if the hufl)and and wife have different maflers. 



XIII. We will, that, if a male flave fhall intermarry with a free 

 woman, theiffueof fuch marriage, as well male as female, fliall 

 follow the condition of the mother, and be free like her [t'], not- 



withftanding 



[</] The policy of this law is veiy obvious. The co-habitation of a mailer with his flave 

 brings them into a connexion inconfiftent with their refpedive conditions: they become parents 

 of the fame offspring, which, by the laws of nature, muft be deemed to o^^'e them a reciprocal 

 d.ity and obedience. It the children are left in a flavifli condition, this degrades their natural 

 claim of inheritance; ftr, in right of parentage on the father's fide, they ought to enjov free- 

 dom ; if they are railed honi the indignity of a fpuiious biith by their father's iV.bfequent in- 

 termarriage, they do not break-in upon the fences which the law has fet up, in favour of the le- 

 Sjiti^mately-begotien heirs, by receiving a patrimony, or ellate, from their father for their main- 

 tenance. The inrtitution of marriage is wifely promoted ; and the challity of female flaves, in 

 fome meafure, guarded againft that violence and conftraiiit which may be fuppofed to follow the 

 abfolute povver and authority of their mailers. 



[i'] This is contrary to ihc antient feudal cullom ; according to which, if a free woman was 

 married to wuilUin iy birth, (be loft her freedom diiriugthe life of her liufbaiid; and their children 



were 



