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Somerset v Stewart

Constitutional Rights and Civil Liberties

Somerset v Stewart was an English Court of King's Bench decision of 1772, given by Lord Mansfield, holding that a slave owner could not forcibly remove an enslaved man, James Somerset, from England to be sold into slavery in Jamaica, because chattel slavery was not supported by the positive law of England and could be established only by legislation, which had never been enacted for England itself. It was widely, and at the time somewhat too broadly, understood as holding that slavery could not exist on English soil, and it became a foundational precedent invoked by abolitionist movements on both sides of the Atlantic in the decades that followed.

Facts
Decision Year
1772 2
Decision Date
1772-06-22 2
Holding
Lord Mansfield found that to the extent English law had ever permitted slavery, those laws were superseded by later law or otherwise defunct, so there was no positive law under which the court could remand Somerset as a slave, and he was discharged. 2
Disputed
Current Status
The case was closely followed throughout the British Empire and widely understood as ending the lawful holding of slaves on English soil, but scholars have disagreed over precisely what legal precedent it set. 2
Historic and closely followed at the time; its precise doctrinal reach is contested among legal historians.
Case Status
Case Status (category)
Controlling Precedent 1
Connections

Authored By

The 1772 ruling delivered by Lord Mansfield, Chief Justice of the Court of King's Bench.

In Legal System

Matches the existing Entick v Carrington precedent for 18th century English rulings on this atlas.

In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Sources
1. Wikidata: Somerset v Stewart
Source: foundational English common law ruling on personal liberty, still citedView the Source
2. Somerset v Stewart (Wikipedia)
Wikipedia
  • Lead section, opening sentence
    Somerset v Stewart (1772) 98 ER 499
  • Lead section, fourth paragraph
    Lord Mansfield found that to the extent that the laws of England and Wales had ever permitted slavery, those laws were superseded by later law or were otherwise defunct.
  • Lead section, closing sentence
    Scholars have disagreed over precisely what legal precedent the Somerset case set.
  • Infobox, date decided field
    22 June 1772
  • In Group: Liberty, Emergency Powers and Social Rights Cases, Introduction, sentence 1
    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, relating to the right of a slave on English soil not to be forcibly removed from the country and sent to Jamaica for sale.
View the Source
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