Somerset's Case and Its Antecedents in Imperial Perspective

@article{Cleve2006SomersetsCA,
  title={Somerset's Case and Its Antecedents in Imperial Perspective},
  author={George William Van Cleve},
  journal={Law and History Review},
  year={2006},
  volume={24},
  pages={601 - 646}
}
  • G. V. Cleve
  • Published 1 September 2006
  • History, Economics
  • Law and History Review
James Somerset was taken from Africa as a slave to the Americas in 1749. He was sold in Virginia to Charles Steuart, a Scottish merchant and slave trader in Norfolk who served after 1765 as a high-ranking British customs official. In 1769, Steuart took Somerset with him to England. After two years in England, Somerset escaped from Steuart, but was recaptured. Steuart decided to sell Somerset back into slavery in Jamaica, and, in late November 1771, Somerset was bound in chains on a ship on the… 
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52 Citations
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References

SHOWING 1-10 OF 42 REFERENCES
Somerset: Lord Mansfield and the Legitimacy of Slavery in the Anglo-American World *
At Westminster on June 22, 1772, Lord Mansfield, Chief Justice of King's Bench, the highest common law court in England, delivered a brief oral opinion in the case of Somerset v. Stewart.' James…
The Somerset Case and the Abolition of Slavery in England
omerset v. Stewart, decided by Lord Chief Justice Mansfield four years before the American Declaration of Independence, was long S interpreted as outlawing slavery in England.’ Not only did Somerset…
New Light on Mansfield and Slavery
Popular history often credits Lord Mansfield with freeing the slaves in England by his decision in the Somerset case. That he did not do so is by now agreed and is a point featured in modern…
Britain's Slave Empire
This book describes the history of how the 'Africa Trade' formed the backbone of the British Empire. The British Empire carried more Africans into bondage across the Americas than any other nation.…
Capitalism and antislavery : British mobilization in comparative perspective
The age of British abolitionism came into consolidated strength in 1787-88 with the first mass campaign against the slave trade and ended just half a century later in 1838 with a mass petition…
The Somersett Case and Slavery: Myth, Reality, and Repercussions
On 22 June 1772 Lord Mansfield, Chief Justice of the Court of King's Bench, handed down his long-awaited decision in the case of the runaway Negro slave, James Somersett. The Somersett decision…
Zones of Law, Zones of Violence: The Legal Geography of the British Atlantic, circa 1772
N June 22, 1772, before a packed courtroom in London's Westminster Hall, Lord Chief Justice Mansfield delivered his now-famous opinion that James Somerset, an enslaved man who had escaped after…
Englishmen Transplanted: The English Colonization of Barbados 1627-1660
Larry Gragg challenges the prevailing view of the seventeenth-century English planters of Barbados as architects of a social disaster. Most historians have described them as profligate and immoral,…
An Empire Divided: The American Revolution and the British Caribbean
There were twenty-six, not thirteen British colonies in America in 1776. Of these, the eleven colonies in the Caribbean -- Jamaica, Antigua, Barbados, Dominica, Grenada, Montserrat, Nevis, St. Kitts,…
The Ancient Constitution and the Expanding Empire: Sir Edward Coke’s British Jurisprudence
One of the great ironies in Anglo-American constitutional history is that Sir Edward Coke, the seventeenth-century mythologist of the ‘ancient constitution’1 and the English jurist most celebrated in…
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