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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.
His godparents, abolitionists, filed a Habeas corpus case with the courts and enlisted Granville Sharp to aid Somerset. [3] The case, Somerset v Stewart, saw powerful interests arguing on both sides, as it challenged the legal basis of slavery in England and Wales. On 22 June 1772, the judge, Lord Mansfield, found in favour of Somerset. [3]
Somerset's cause was taken up by Granville Sharp, a leading abolitionist. [ 3 ] Mansfield tried to persuade Stewart to free Somerset, as had happened in several similar recent incidents, thereby avoiding a potentially controversial legal case that might challenge the entire legality of slavery.
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.
Mansfield's deliberate procrastination stretched Somerset's Case over six hearings from January to May, and he finally delivered his judgment on 22 June 1772. 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 ...
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Case opinions: opinions: A very brief summary of the major findings or holdings in the case. Many case reports will have headnotes or summaries of the holdings that can be modified and entered into this field. String: optional: Judge(s) judge judges Membership: Judge(s) sitting on the case, in order of precedence. Wikilink names where articles ...
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