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Somerset v Stewart (1772) 98 ER 499 (also known as Sommersett v Steuart, Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench in 1772, relating to the right of a slave on English soil not to be forcibly removed from the country and sent to Jamaica for sale.
[citation needed] In the case Somerset v Stewart (1772) 98 ER 499, Lord Mansfield ruled that, as slavery was not recognised by English law, James Somerset, a slave who had been brought to England and then escaped, could not be forcibly sent to Jamaica for sale, and was set free. In Scotland, colliery (coal mine) slaves were still in use until ...
Despite this, it was popularly taken to confirm that slavery was outlawed in England and Wales. [3] Somerset himself appears to have adopted this broader interpretation, and wrote to at least one enslaved person encouraging them to desert their master. [4] Nothing is known of Somerset after 1772. [2]
1772, Somerset v Stewart, a freedom suit ruled on by Lord Mansfield in England, who found that slavery had no basis in common law, and no "positive law" had been passed to establish it. His ruling was narrow, saying only that the master could not remove Somerset against his will from England, in order to send him to Jamaica for sale.
[8] It is reported that the court held that the man must be freed, and it is often said that the court held "that England was too pure an air for a slave to breathe in." [c] It is unclear if the effect of the case was to actually make slavery in England illegal, but rather generally to impose limits on the physical punishment on slaves.
Although outlawed in most countries, slavery is nonetheless practised secretly in many parts of the world. Enslavement still takes place in the United States, Europe, and Latin America, [117] as well as parts of Africa, the Middle East, and South Asia. [118] Modern slavery keeps around 50 million people from exercising their freedom. [119]
The Rugby Football Union has announced a review into the historical context of its anthem Swing Low, Sweet Chariot, due to its links to slavery and its regular presence at England internationals.
22 June – Somersett's Case: Lord Mansfield, the Lord Chief Justice delivers the decision that slavery is not supported by the common law of England. [ 4 ] 13 July – navigator James Cook sets out from Plymouth on HMS Resolution for a second Pacific voyage.