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Yorke–Talbot slavery opinion
The Yorke–Talbot slavery opinion was a legal opinion issued by two Crown law officers in 1729 relating to the legality of slavery under English law.
==Background==
The opinion was sought by slave merchants after certain judicial decisions by Lord Chief Justice Holt. Earlier judicial decisions had upheld the legality of slavery in relation to African slaves on the basis that they were infidels.〔''Butts v Penny'' (1677) 2 Lev 201, 3 Keb 785 and ''Gelly v Cleve'' (1694) 1 Ld Raym 147〕 However, in ''Chamberlain v Harvey'' (1697) 1 Ld Raym 146 and in ''Smith v Gould'' (1705–07) 2 Salk 666 Lord Holt rejected this approach, but suggested on a wider basis that slaves were not chattels capable of supporting a legal property claim.〔Lord Holt rejected an ''assumpsit'' claim on the sale of a negro in England: "as soon as a negro comes to England he is free; one may be a villein in England, but not a slave" in ''Smith v Brown''. However, it was accepted that this was more a technical argument about the status of a slave rather than a fundamental statement on the rights of man.〕 The clear concern of the slave traders was that, at best, Christian Africans could not be slaves, and that baptism would manumit a slave (and in fact a number of slaves were baptised and claimed on this basis to be free), and at worst, there might be no legally enforceable property rights in a slave. Views had also been expressed that, whatever the position of slaves in the colonies, a slave in England could not be restrained against his will.
The opinion was written by Sir Philip Yorke (then the Attorney General) and Charles Talbot (then the Solicitor General), each of whom would later rise to the rank of Lord Chancellor as Lord Hardwicke and Lord Talbot respectively. They wrote the opinion in their capacity as law officers of the Crown, and so was only an opinion and not a judgment of a court. Nevertheless, the opinion was taken by slaveowners as establishing the legitimacy of slavery in England, despite its lack of support from precedent.〔''While it can be stressed that this was only an 'Opinion', expressed not in a court of law, but after dinner at Lincoln's Inn Hall, there can be no doubt, however, that in reality and in practice it had all the gravity and solemnity of a ruling passed in Court.'' 〕
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