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June 22, 1772Primary source · 2 sourcesWell documented

Lord Mansfield Rules Slavery Has No Basis in English Law

James Somerset's escape and Granville Sharp's test case produce a ruling popularly read as ending slavery on English soil

On the timeline · around June 22, 1772 · The Trade at Its Height (1700-1791)The Trade at Its Height (1700-1791)Revolution and Abolition (1772-1839)Lord Mansfield Rules Slavery Has No Basis in English Law17451750175517601765177017751780

Quick facts

Date decided
June 22, 1772
Judge
Lord Mansfield, Court of King's Bench
Enslaved man
James Somerset
Backer
Granville Sharp

What happened

James Somerset, an enslaved man purchased in Virginia by the merchant Charles Steuart, was brought by Steuart to England in 1769. In 1771 Somerset left Steuart's service; when he was recaptured and held aboard a ship bound for sale in Jamaica, the abolitionist Granville Sharp, who had spent years searching for a case to challenge slavery's legal standing in England, took up Somerset's cause and secured a writ of habeas corpus. Lord Chief Justice Mansfield of the Court of King's Bench heard arguments over several months before ruling, on June 22, 1772, that Charles Steuart had no lawful right to seize Somerset and forcibly remove him from England to be sold abroad. Mansfield deliberately kept his ruling narrow, resting it on the specific act of forcible removal rather than declaring slavery itself illegal in England, but his opinion held that slavery could only exist by positive law, not by custom, and no English statute had ever established it.

Why it matters

Although Mansfield avoided ruling on slavery's legal status outright, the decision was widely understood by the public, including London's Black community, as effectively ending chattel slavery on English soil, and it became a foundational precedent cited by British and American abolitionists for the following century. Contemporary estimates suggested the ruling could affect as many as 14,000 to 15,000 enslaved people then living in England.

How we know

The case record and Mansfield's ruling are preserved in English court reports of the period; the University of Miami's Slavery, Law and Power project and English Heritage, which maintains Mansfield's former home at Kenwood House, both document the case using the original legal proceedings.

Sources

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Part of a timelineThe Atlantic Slave Trade29 events · Four centuries in which European traders forced an estimated 12.5 million Africans onto ships bound for the Americas, and the enslaved people, revolts, and abolitionists who fought it from the first crossing to the lastView all →