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The ability to bake cakes and other obstacles to freedom. The case of the enslaved María Arce and the Royal Certificate that forced her mistress to free her

Abstract:

In this article we address the right to rescue of enslaved people. Among the discussions about the rights and access to justice of slaves we find the question of whether or not the right to purchase oneself existed. In a universe in which the law was closely linked to conflict resolution practices, much more than to positive formulations, each decision generated an antecedent for a new case. In 1785, a slave, Juan Betbeze, married to Maria Arce, demanded his wife’s purchase from his mistress and this demand reached the Royal Audience. After three years of litigation in the courts, the slave Juan obtained a Royal Certificate issued by Carlos III by which María’s mistress was forced to sell, accepting the value offered by her husband, ordered by the King. The case thus constitutes the clear antecedent of the recognition of the right to freedom and a fair price for the Rio da Prata region.

Keywords:
Manumission; Right to freedom; Royal Certificate of August 9, 1788

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