As the Modern Slavery Bill passes through Parliament, Geoffrey Bindman QC recalls early abolition struggles
The Modern Slavery Bill, now slowly progressing through Parliament, aims to strengthen the sanctions against a worldwide scourge. It prompts reflection on the deep roots of slavery in our legal history. As the 800th anniversary of Magna Carta draws near we need to be reminded of one feature of this cornerstone of our liberties which is often overlooked. It protected only “free men”.
Stratified society
Thirteenth century England was a highly stratified society. Magna Carta was negotiated between the small landowning elite—the Barons—and the King. For the time its scope was relatively enlightened. “Free men” included some of the lower orders—knights and other gentry. But “villeins”—little better than slaves—were excluded. Villeins were bound to work for their Lord and could not move away from his land without his consent. By the 17th century villeinage had virtually disappeared. Yet the lawfulness of slavery and the lucrative slave trade remained in dispute for much longer.
We are all familiar with the struggles to abolish the trade which occupied
