header-logo header-logo

A footnote in history

21 October 2016 / LW Blake
Issue: 7719 / Categories: Features
printer mail-detail
nlj_7719_blake

After Lord Mansfield’s judgment: whatever happened to James Somerset, asks LW Blake​

James Somerset (or Somersett, or Sommersett,or Summersett) is the most famous freed slave in English legal history. He and his erstwhile slave-owner Charles Stewart were the two litigants who stood before Lord Mansfield CJ in July 1772, in the case of Somerset v Stewart (1772) Lofft 1, 20 State Tr 1. The mystery is: what happened to James Somerset after Lord Mansfield’s judgment in his favour? It is also a mystery about how an unhelpful footnote (which purports to explain the future fate of James Somerset) ever found its way into a standard textbook on constitutional law.

This is a mystery worthy of an MR James ghost story. A Warning to the Curious would have been a good title for this investigation, if he (James) had not already used that title and made it the underlying theme of all his short stories.

Oxford Dictionary of National Biography

According to Ruth Paley, in her valuable biographical entry for James Somerset in the Oxford Dictionary

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll