Somerset v. Stewart Case Brief Summary | Law Case Explained

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Somerset v. Stewart | 98 Eng. Rep. 499 (1772)

During the eighteenth century, slavery allowed many citizens of England and the American colonies to amass significant wealth. However, English common law never formally legalized the practice of slavery. In Somerset versus Stewart, this distinction decided the fate of a slave who escaped and was recaptured by his master during a trip to England.

James Somerset was a slave bought by Charles Stewart in Virginia. Stewart brought Somerset to England, where Somerset escaped but was ultimately recaptured. Stewart had Somerset imprisoned on a ship bound for Jamaica, where he planned to sell Somerset to work on a plantation. Before the ship left England, a group of antislavery advocates petitioned the King’s Bench for a writ of habeas corpus to determine whether Somerset’s imprisonment was legal.

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