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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 an enslaved person on English soil not to be forcibly removed from the country and sent to Jamaica for sale.
Knowles, ex parte Somersett (1772) 20 State Tr 1 the law remained unsettled, although the decision was a significant advance for, at the least, preventing the forceable removal of anyone from England, whether or not a slave, against his will. A man named James Somersett was enslaved by a Boston customs officer.
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. [4] [5]
The book is a narrative history of the late 18th- and early 19th-century anti-slavery movement in the British Empire. [4] The story centers around a group of British abolitionist campaigners and traces their campaign from its beginnings with Somerset v Stewart in 1772 until full emancipation for all British slaves was legally granted in 1838.
It was a clear victory for Somerset, Sharp and the lawyers who acted for Somerset. Mansfield acknowledged that English law did not allow slavery, and only a new Act of Parliament ("positive law") could bring it into legality. However, the verdict in the case is often misunderstood to mean the end of slavery in England.
The Slave Trade Act 1807 outlawed the slave trade in the British Empire and the Slavery Abolition Act 1833 outlawed slavery altogether. With slaves escaping to New York and New England, legislation for gradual emancipation was passed in Upper Canada (1793) and Lower Canada (1803).
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]
Download as PDF; Printable version ... Even though slavery is now outlawed in every country, the number of slaves today is estimated as between 12 million and 29.8 ...