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18 - The Purity of England's Air

from PART III - THE TRANSFORMATION OF THE LAW

Published online by Cambridge University Press:  05 May 2015

Harry Potter
Affiliation:
Former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence
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Summary

Legum denique… omnes servi sumus ut liberi esse possimus

(‘In the end we are all slaves to the law that we may be free’)

Cicero Pro Cluentio LIII.146

The constitution is pervaded by the rule of law on the ground that the general principles of the constitution (as for example the right to personal liberty, or the right of public meeting) are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts.

A. V. Dicey, Lectures introductory to the Study of the Law

On Thursday 28 November 1771, a ship called the Ann and Mary was moored in the Thames ready to leave for the West Indies with its cargo. That cargo had a name that would reverberate in English legal history for the case that bore it and for the ruling that concluded that case, known simply to posterity as the Mansfield Judgment.

The cargo had been a domestic slave and had been given the name James Somerset by his white owner, a Virginia trader aptly called Charles Stuart. Stuart came over to England and of course, along with a lot of other items of domestic property, brought his slave with him. He was a valuable piece of property worth some £50. Somerset managed to escape and lose himself among the several thousand blacks who already lived in London. Slave catchers, however, were put on his track and he was captured, shackled and put on board the Ann and Mary to be taken to Jamaica and sold into plantation work. This was not done in secret, the law was not being evaded. An owner had lost his property, given a reward for it being found, and now wanted to dispose of it at his will, as he would have done of a lost ring or a pig that had escaped its enclosure.

Type
Chapter
Information
Law, Liberty and the Constitution
A Brief History of the Common Law
, pp. 173 - 184
Publisher: Boydell & Brewer
Print publication year: 2015

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  • The Purity of England's Air
  • Harry Potter, Former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence
  • Book: Law, Liberty and the Constitution
  • Online publication: 05 May 2015
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  • The Purity of England's Air
  • Harry Potter, Former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence
  • Book: Law, Liberty and the Constitution
  • Online publication: 05 May 2015
Available formats
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  • The Purity of England's Air
  • Harry Potter, Former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence
  • Book: Law, Liberty and the Constitution
  • Online publication: 05 May 2015
Available formats
×