Slavery in Britain and Ireland
Encyclopedia
Slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...

 in Britain and Ireland
dated from before Roman occupation. Chattel slavery virtually disappeared after the Norman Conquest. It was finally abolished by the Slavery Abolition Act 1833 (which made some exceptions for other parts of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

). The prohibition on slavery and servitude is now codified under Article 4 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

, incorporated into UK law by the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...

.

Before 1066

From before Roman
Roman Britain
Roman Britain was the part of the island of Great Britain controlled by the Roman Empire from AD 43 until ca. AD 410.The Romans referred to the imperial province as Britannia, which eventually comprised all of the island of Great Britain south of the fluid frontier with Caledonia...

 times, the practice of slavery was normal in Britannia
Britannia
Britannia is an ancient term for Great Britain, and also a female personification of the island. The name is Latin, and derives from the Greek form Prettanike or Brettaniai, which originally designated a collection of islands with individual names, including Albion or Great Britain. However, by the...

. Slaves were routinely exported. Slavery continued as an accepted part of society under the Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....

 and after; Anglo-Saxons
Anglo-Saxons
Anglo-Saxon is a term used by historians to designate the Germanic tribes who invaded and settled the south and east of Great Britain beginning in the early 5th century AD, and the period from their creation of the English nation to the Norman conquest. The Anglo-Saxon Era denotes the period of...

 continued the slave system, sometimes in league with Norse
Norsemen
Norsemen is used to refer to the group of people as a whole who spoke what is now called the Old Norse language belonging to the North Germanic branch of Indo-European languages, especially Norwegian, Icelandic, Faroese, Swedish and Danish in their earlier forms.The meaning of Norseman was "people...

 traders often selling slaves to the Irish
Irish people
The Irish people are an ethnic group who originate in Ireland, an island in northwestern Europe. Ireland has been populated for around 9,000 years , with the Irish people's earliest ancestors recorded having legends of being descended from groups such as the Nemedians, Fomorians, Fir Bolg, Tuatha...

. In the early fifth century the Romano-Briton Saint Patrick
Saint Patrick
Saint Patrick was a Romano-Briton and Christian missionary, who is the most generally recognized patron saint of Ireland or the Apostle of Ireland, although Brigid of Kildare and Colmcille are also formally patron saints....

 was captured by Irish raiders and taken as a slave to Ireland. St. Brigit, a patron saint of Ireland, was herself the daughter of Brocca, a Christian Pict
Picts
The Picts were a group of Late Iron Age and Early Mediaeval people living in what is now eastern and northern Scotland. There is an association with the distribution of brochs, place names beginning 'Pit-', for instance Pitlochry, and Pictish stones. They are recorded from before the Roman conquest...

 and slave in Ireland who had been baptised by Saint Patrick. Early Irish law makes numerous reference to slaves and semi-free sencléithe. A female slave (cumal) was often used as a currency unit, e.g. in expressing the honour price of people of certain classes. From the ninth to the twelfth century Dublin in particular became a major slave trading center which lead to an increase in slavery. In 870A.D. Vikings besieged and captured the stronghold of Alt Clut
Kingdom of Strathclyde
Strathclyde , originally Brythonic Ystrad Clud, was one of the early medieval kingdoms of the celtic people called the Britons in the Hen Ogledd, the Brythonic-speaking parts of what is now southern Scotland and northern England. The kingdom developed during the post-Roman period...

 (the capital of the Kingdom of Strathclyde) and took most of the sites inhabitants; most likely by Olarf the White, and Invarr the Boneless to the Dublin slave markets in 871A.D. While the Welsh queen Maredudd of North wales paid a ransom for 2,000 Welsh slaves which demonstrate the large-scale slave raiding upon the British Isles. Vikings however would trade with the Gaelic
Gaels
The Gaels or Goidels are speakers of one of the Goidelic Celtic languages: Irish, Scottish Gaelic, and Manx. Goidelic speech originated in Ireland and subsequently spread to western and northern Scotland and the Isle of Man....

, Pictish, Brythonic
Britons (historical)
The Britons were the Celtic people culturally dominating Great Britain from the Iron Age through the Early Middle Ages. They spoke the Insular Celtic language known as British or Brythonic...

 and Saxon kingdoms while continuing to raid the British Isles
British Isles
The British Isles are a group of islands off the northwest coast of continental Europe that include the islands of Great Britain and Ireland and over six thousand smaller isles. There are two sovereign states located on the islands: the United Kingdom of Great Britain and Northern Ireland and...

 for slaves.

Some of the earliest accounts of the Anglo-Saxon English comes from the account of the fair-haired boys from York
York
York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...

 seen in Rome by Pope Gregory the Great. In the seventh century the English slave Balthild
Balthild
Saint Balthild of Ascania , also called Bathilda, Baudour, or Bauthieult, was the wife and queen of Clovis II, king of Burgundy and Neustria . Two traditions, independent and conflicting, trace what Wilhelm Levison accounted "truly an extraordinary career for an English slave sold to the Continent"...

 rose to be queen of the Frankish king Clovis II
Clovis II
Clovis II succeeded his father Dagobert I in 639 as King of Neustria and Burgundy. His brother Sigebert III had been King of Austrasia since 634. He was initially under the regency of his mother Nanthild until her death in her early thirties in 642...

. Anglo-Saxon opinion turned against the sale of English abroad: a law of Ine of Wessex stated that anyone selling his own countryman, whether bond or free, across the sea, was to pay his own wergild in penalty, even when the man so sold was guilty of crime. Nevertheless, legal penalties and economic pressures that led to default in payments maintained the supply of slaves, and in the 11th century there was still a slave trade operating out of Bristol
Bristol
Bristol is a city, unitary authority area and ceremonial county in South West England, with an estimated population of 433,100 for the unitary authority in 2009, and a surrounding Larger Urban Zone with an estimated 1,070,000 residents in 2007...

, as a passage in the Vita Wulfstani
Wulfstan
Wulfstan may refer to:*Wulfstan, ealdorman of Wiltshire , died 802*Wulfstan of Hedeby, 9th century merchantman and traveller*Wulfstan , Archbishop of York...

makes clear. Under ecclesiastical pressure, however, as the feudal order congealed in England during the 12th century, villeinage took the place of outright slavery.

Norman England

According to the Domesday Book
Domesday Book
Domesday Book , now held at The National Archives, Kew, Richmond upon Thames in South West London, is the record of the great survey of much of England and parts of Wales completed in 1086...

 census in 1086, over 10% of England's population were slaves. In 1102 the Council of London (1102)
Council of London (1102)
The Council of London in 1102 was a Roman Catholic church council of the church in England convened by Anselm, Archbishop of Canterbury, to debate and pass decrees to reform the clergy. The council made several decisions, including confirming homosexuality as a sin in the English and wider church,...

 convened by Anselm
Anselm of Canterbury
Anselm of Canterbury , also called of Aosta for his birthplace, and of Bec for his home monastery, was a Benedictine monk, a philosopher, and a prelate of the church who held the office of Archbishop of Canterbury from 1093 to 1109...

 issued a decree: "Let no one hereafter presume to engage in that nefarious trade in which hitherto in England men were usually sold like brute animals." However, the Council had no legislative powers, and no act of law was valid unless signed by the monarch. As the feudal order congealed during the 12th century, the reduced status of the villein rendered outright slavery largely obsolete; the last form of this enforced servitude had disappeared in Britain by the beginning of the 17th century, though the laws on villeinage remained on the books for centuries.

Transportation

Transportation to the colonies as an indentured servant
Indentured servant
Indentured servitude refers to the historical practice of contracting to work for a fixed period of time, typically three to seven years, in exchange for transportation, food, clothing, lodging and other necessities during the term of indenture. Usually the father made the arrangements and signed...

 served as punishment for both major and petty crimes in England and Ireland from the 17th century until well into the 19th century. A sentence could be for life or a specific period. The penal system required the convicts to work, on government projects such as road construction, building works and mining, or be assigned to free individuals as unpaid labour. Women were expected to work as domestic servants and farm labourers. Similar to slaves, indentured servants could be bought and sold, could not marry without the permission of their owner, were subject to physical punishment, and saw their obligation to labor enforced by the courts.

A convict who had served part of his time might apply for a "ticket of leave" permitting some prescribed freedoms. This enabled some convicts to resume a more normal life, to marry and raise a family, and a few to develop the colonies while removing them from the society. Exile was an essential component and thought to be a major deterrent to crime. Transportation was also seen as a humane and productive alternative to execution, which would most likely have been the sentence for many if transportation had not been introduced.

The transportation of British citizens overseas can be traced back to the English Vagabonds act of 1597. During the reign of Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...

, it has been estimated that approximately 72,000 people were put to death for a variety of crimes. An alternate practice, borrowed from the Spanish, was to commute the death sentence and allow the use of convicts as a labour force for the colonies. One of the first references to a person being transported comes in 1607 when ‘'an apprentice dyer was sent to Virginia' from Bridewell for running away with his master's goods.’’. The act was little used despite attempts by James I
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...

 who, with limited success, tried to encourage its adoption by passing a series of Privy Council Orders in 1615, 1619 and 1620.

Transportation was seldom used as a criminal sentence until the Piracy Act 1717
Piracy Act 1717
The Piracy Act 1717 was an Act of the Parliament of Great Britain long title An Act for the further preventing Robbery, Burglary, and other Felonies, and for the more effectual Transportation of Felons, and unlawful Exporters of Wool; and for declaring the Law upon some Points relating to...

, (An Act for the further preventing Robbery, Burglary, and other Felonies, and for the more effectual Transportation of Felons, and unlawful Exporters of Wool; and for declaring the Law upon some Points relating to Pirates.) established a seven-year penal transportation
Penal transportation
Transportation or penal transportation is the deporting of convicted criminals to a penal colony. Examples include transportation by France to Devil's Island and by the UK to its colonies in the Americas, from the 1610s through the American Revolution in the 1770s, and then to Australia between...

 as a possible punishment for those convicted of lesser felonies, or as a possible sentence that capital punishment might be commuted to by royal pardon. Transportation of criminals to North America was undertaken from 1718-1776. When the American revolution made it unfeasible to carry out transportation to the thirteen colonies, those sentenced to it were typically punished with imprisonment or hard labour instead. From 1787-1868, criminals convicted and sentenced under the act were transported to the colonies in Australia.

Following the Irish uprising in 1641 and subsequent Cromwellian invasion, the English Parliament passed the Act for the Settlement of Ireland in 1652 which classified the Irish population into one of several categories according to their degree of involvement in the uprising and subsequent war. Those who had participated in the uprising or assisted the rebels in any way were sentenced to be hanged and to have their property confiscated. Other categories of the Irish population were sentenced to banishment with whole or partial confiscation of their estates. Whilst the majority of the resettlement took place within Ireland to the province of Connaught
Connacht
Connacht , formerly anglicised as Connaught, is one of the Provinces of Ireland situated in the west of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for...

, Dr William Petty, Physician-General to Cromwell's Army, estimated that as many as 100,000 Irish men, women and children were transported to the colonies in the West Indies and in North America as indentured servants.
During the early colonial period, The Scots and the English, along with other western European nations, dealt with their "Gypsy problem" by transporting them as slaves in large numbers to North America and the Caribbean. Cromwell shipped Romanichal Gypsies as slaves to the southern plantations and there is documentation of Gypsies being owned by former black slaves in Jamaica.

Long before the Highland Clearances
Highland Clearances
The Highland Clearances were forced displacements of the population of the Scottish Highlands during the 18th and 19th centuries. They led to mass emigration to the sea coast, the Scottish Lowlands, and the North American colonies...

, some chiefs, such as Ewan Cameron of Lochiel, sold some of his clan into indenture in North America. His goal was to alleviate over-population and lack of food resources in his glens.

Numerous Highland Jacobite
Jacobitism
Jacobitism was the political movement in Britain dedicated to the restoration of the Stuart kings to the thrones of England, Scotland, later the Kingdom of Great Britain, and the Kingdom of Ireland...

 supporters, captured in the aftermath of Culloden
Battle of Culloden
The Battle of Culloden was the final confrontation of the 1745 Jacobite Rising. Taking place on 16 April 1746, the battle pitted the Jacobite forces of Charles Edward Stuart against an army commanded by William Augustus, Duke of Cumberland, loyal to the British government...

 and rigorous Government sweeps of the Highlands, were imprisoned on ships on the Thames River. Some were sentenced to transportation to the Carolinas as indentured servants.

Workhouse slavery

From the 17th century to the 19th century, workhouse
Workhouse
In England and Wales a workhouse, colloquially known as a spike, was a place where those unable to support themselves were offered accommodation and employment...

s took in people whose poverty left them no other alternative. They were employed under forced labor conditions. Workhouses took in abandoned babies
Child abandonment
Child abandonment is the practice of relinquishing interests and claims over one's offspring with the intent of never again resuming or reasserting them. Causes include many social and cultural factors as well as mental illness. An abandoned child is called a foundling .-Causes:Poverty is often a...

, usually presumed to be illegitimate. When they grew old enough, they were used as child labour. Charles Dickens
Charles Dickens
Charles John Huffam Dickens was an English novelist, generally considered the greatest of the Victorian period. Dickens enjoyed a wider popularity and fame than had any previous author during his lifetime, and he remains popular, having been responsible for some of English literature's most iconic...

's represented such issues in his fiction. A life example was Henry Morton Stanley
Henry Morton Stanley
Sir Henry Morton Stanley, GCB, born John Rowlands , was a Welsh journalist and explorer famous for his exploration of Africa and his search for David Livingstone. Upon finding Livingstone, Stanley allegedly uttered the now-famous greeting, "Dr...

. This was a time when many children worked; if families were poor, everyone worked. Only in 1833 and 1844 were the first general protective laws against child labour, the Factory Acts
Factory Acts
The Factory Acts were a series of Acts passed by the Parliament of the United Kingdom to limit the number of hours worked by women and children first in the textile industry, then later in all industries....

, passed in Britain.

Barbary pirates

On 20 June 1631, in an event known as the Sack of Baltimore
Sack of Baltimore
The Sack of Baltimore took place on June 20, 1631, when the village of Baltimore, West Cork, Ireland, was attacked by North African pirates from the North African Barbary Coast. The attack was the biggest single attack by the Barbary pirates on Ireland or Britain. The attack was led by a Dutch...

, the village of Baltimore in County Cork
County Cork
County Cork is a county in Ireland. It is located in the South-West Region and is also part of the province of Munster. It is named after the city of Cork . Cork County Council is the local authority for the county...

, Ireland was attacked by Algerian pirates from the North African Barbary Coast. The pirates killed two villagers and captured almost the whole population of over 100 people, who were put in irons and taken to a life of slavery in North Africa.

Villagers along the south coast of England petitioned the king to protect them from abduction by Barbary pirates. Item 20 of The Grand Remonstrance, a list of grievances against Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...

 and presented to him in 1641, contains the following complaint about Barbary pirates of the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...

 abducting English people into slavery:
"20. And although all this was taken upon pretense of guarding the seas, yet a new unheard-of tax of ship-money was devised, and upon the same pretense, by both which there was charged upon the subject near £700,000 some years, and yet the merchants have been left so naked to the violence of the Turkish pirates, that many great ships of value and thousands of His Majesty's subjects have been taken by them, and do still remain in miserable slavery."

African slaves

The first Englishman recorded to have taken slaves from Africa was John Lok, a London trader who, in 1555, brought to England five slaves from Guinea. A second London trader taking slaves at that time was William Towerson.

Admiral Sir John Hawkins
John Hawkins
Admiral Sir John Hawkins was an English shipbuilder, naval administrator and commander, merchant, navigator, and slave trader. As treasurer and controller of the Royal Navy, he rebuilt older ships and helped design the faster ships that withstood the Spanish Armada in 1588...

 of Plymouth, a notable Elizabethan seafarer, is widely acknowledged to be "the Pioneer of the English Slave Trade". In 1554–1555, Hawkins formed a slave trading syndicate of wealthy merchants. He sailed with three ships for the Caribbean via Sierra Leone, hijacked a Portuguese slave ship and sold the 300 slaves from it in Santo Domingo
Santo Domingo
Santo Domingo, known officially as Santo Domingo de Guzmán, is the capital and largest city in the Dominican Republic. Its metropolitan population was 2,084,852 in 2003, and estimated at 3,294,385 in 2010. The city is located on the Caribbean Sea, at the mouth of the Ozama River...

. During a second voyage in 1564, his crew captured 400 Africans and sold them at Rio de la Hacha
Riohacha
Riohacha, Rio Hacha or Rio de la Hacha , is a city in the Riohacha Municipality in the northern Caribbean Region of Colombia by the mouth of the Ranchería River and the Caribbean sea, capital city of the La Guajira Department. Founded by conquistador Nikolaus Federmann in 1535, Riohacha was named...

 in present-day Colombia, making a 60% profit for his financiers. A third voyage involved both buying slaves directly in Africa and capturing a Portuguese ship with its cargo; upon reaching the Caribbean, Hawkins sold all the slaves. On his return, he published a book entitled An Alliance to Raid for Slaves. Though Britain was a leader in the Atlantic slave trade
Atlantic slave trade
The Atlantic slave trade, also known as the trans-atlantic slave trade, refers to the trade in slaves that took place across the Atlantic ocean from the sixteenth through to the nineteenth centuries...

, almost all of the slaves concerned were transported from Africa to the Americas and never saw the British Isles. Of those who did arrive in Britain, most worked as household servants.

Triangular trade


By the 18th century, the slave trade became a major economic mainstay for such cities as Bristol
Bristol
Bristol is a city, unitary authority area and ceremonial county in South West England, with an estimated population of 433,100 for the unitary authority in 2009, and a surrounding Larger Urban Zone with an estimated 1,070,000 residents in 2007...

 and Liverpool
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...

, engaged in the so-called "Triangular trade
Triangular trade
Triangular trade, or triangle trade, is a historical term indicating among three ports or regions. Triangular trade usually evolves when a region has export commodities that are not required in the region from which its major imports come...

". The ships set out from England, loaded with trade goods which were exchanged on the West African shores for slaves captured by local rulers from deeper inland; the slaves were transported through the infamous "middle passage
Middle Passage
The Middle Passage was the stage of the triangular trade in which millions of people from Africa were shipped to the New World, as part of the Atlantic slave trade...

" across the Atlantic, and were sold at considerable profit for labour in plantations. The ships were loaded with export crops and commodities, the products of slave labour, such as sugar
Sugar
Sugar is a class of edible crystalline carbohydrates, mainly sucrose, lactose, and fructose, characterized by a sweet flavor.Sucrose in its refined form primarily comes from sugar cane and sugar beet...

 and rum
Rum
Rum is a distilled alcoholic beverage made from sugarcane by-products such as molasses, or directly from sugarcane juice, by a process of fermentation and distillation. The distillate, a clear liquid, is then usually aged in oak barrels...

, and returned to England to sell the items.

Judicial decisions

John Locke
John Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...

, the philosophical champion of the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...

 argued against slavery (Ch.IV) and asserted that "every man has property in his own person" (§27, Ch.V). By the 18th century African slaves began to be brought into London and Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...

 as personal servants
Domestic worker
A domestic worker is a man, woman or child who works within the employer's household. Domestic workers perform a variety of household services for an individual or a family, from providing care for children and elderly dependents to cleaning and household maintenance, known as housekeeping...

. In a number of judicial decisions between slave merchants, it was tacitly accepted that slavery of Africans was legal. In Butts v. Peny (1677) 2 Lev 201, 3 Keb 785, an action was brought to recover possession of 100 slaves. The court held that slavery was legal in England in relation to infidels and that an action for trover
Trover
Trover is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the...

 would lie.

An English court case of 1569 involving Cartwright who had bought a slave from Russia ruled that English law could not recognise slavery. This ruling was overshadowed by later developments particularly in the navigation acts, but was upheld by the Lord Chief Justice in 1701 when he ruled that a slave became free as soon as he arrived in England.
But agitation saw a series of judgments repulse the tide of slavery. In Smith v. Gould (1705–07) 2 Salk 666, Holt CJ stated that by

"the common law no man can have a property in another."


But in 1729 the then-Attorney General and Solicitor General of England signed the Yorke–Talbot slavery opinion expressing their view (and, by implication, that of the Government) that slavery of Africans was lawful in England. At this time slaves were openly bought and sold on commodities markets at London and Liverpool. Slavery was also accepted in England's many colonies.

Lord Henley LC said in Shanley v. Harvey (1763) 2 Eden 126, 127 that as

"soon as a man sets foot on English ground he is free."


But it was not until R v. Knowles, ex parte Somersett (1772) 20 State Tr 1 the law was settled. A man called James Somersett was the slave of a Boston customs officer. They came to England, and Somersett escaped. Captain Knowles captured him and took him on his boat, Jamaica bound. Three abolitionists, saying they were his "godparents", applied for a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

. One of Somerset's lawyers, Francis Hargrave
Francis Hargrave
Francis Hargrave was an English lawyer and antiquary. He was the most prominent of the five advocates who appeared on behalf of James Somersett in the case which determined, in 1772, the legal status of slaves in England...

, stated "In 1569, during the reign of Queen Elizabeth I, a lawsuit was brought against a man for beating another man he had bought as a slave overseas. The record states, 'That in the 11th [year] of Elizabeth [1569], one Cartwright brought a slave from Russia and would scourge him; for which he was questioned; and it was resolved, that England was too pure an air for a slave to breathe in'." He argued that the court had ruled in Cartwright's case that English Common Law made no provision for slavery, and without a basis for its legality, slavery would otherwise be unlawful as false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...

 and/or assault
Assault (tort)
In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence...

. In his judgment of 22 June 1772, Lord Chief Justice
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...

 William Murray, Lord Mansfield
William Murray, 1st Earl of Mansfield
William Murray, 1st Earl of Mansfield, SL, PC was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland before moving to London at the age of 13 to take up a place at Westminster School...

, of the Court of King's Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...

, started by talking about the capture and forcible detention of Somersett. He finished with:

"So high an act of dominion must be recognized by the law of the country where it is used. The power of a master over his slave has been exceedingly different, in different countries.

The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory.

It is so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from the decision, I cannot say this case is allowed or approved by the law of England; and therefore the black must be discharged."


Several different reports of Mansfield's decision appeared. Most disagree as to what was said. The decision was only given orally; no formal written record of it was issued by the court. Abolitionists widely circulated the view that it was declared that the condition of slavery did not exist under English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...

, although Mansfield later said that all that he decided was that a slave could not be forcibly removed from England against his will.

Abolition

The Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...

 was implicated in slavery. Slaves were owned by the Anglican Church's Society for the Propagation of the Gospel in Foreign Parts (SPGFP), which had sugar plantations in the West Indies. When slaves were emancipated
Abolitionism
Abolitionism is a movement to end slavery.In western Europe and the Americas abolitionism was a movement to end the slave trade and set slaves free. At the behest of Dominican priest Bartolomé de las Casas who was shocked at the treatment of natives in the New World, Spain enacted the first...

 by Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the British Parliament in 1834, the British government paid compensation to slave owners. Among those they paid were the Bishop of Exeter
Bishop of Exeter
The Bishop of Exeter is the Ordinary of the Church of England Diocese of Exeter in the Province of Canterbury. The incumbent usually signs his name as Exon or incorporates this in his signature....

 and three business colleagues, who received compensation for 665 slaves.

William Wilberforce
William Wilberforce
William Wilberforce was a British politician, a philanthropist and a leader of the movement to abolish the slave trade. A native of Kingston upon Hull, Yorkshire, he began his political career in 1780, eventually becoming the independent Member of Parliament for Yorkshire...

’s Slave Trade Act 1807 abolished the slave trade in the British Empire. It was not until the Slavery Abolition Act 1833 that the institution finally was abolished.

Modern evaluation

Historians and economists have debated the economic effects of slavery for Great Britain and the North American colonies. Many analysts suggest that it allowed the formation of capital that financed the Industrial Revolution
Industrial Revolution
The Industrial Revolution was a period from the 18th to the 19th century where major changes in agriculture, manufacturing, mining, transportation, and technology had a profound effect on the social, economic and cultural conditions of the times...

, although the evidence is inconclusive. Slave labour was integral to early settlement of the colonies, which had too few people. Also, slave labour produced the major consumer goods that were the basis of world trade during the eighteenth and early nineteenth centuries: coffee
Coffee
Coffee is a brewed beverage with a dark,init brooo acidic flavor prepared from the roasted seeds of the coffee plant, colloquially called coffee beans. The beans are found in coffee cherries, which grow on trees cultivated in over 70 countries, primarily in equatorial Latin America, Southeast Asia,...

, cotton
Cotton
Cotton is a soft, fluffy staple fiber that grows in a boll, or protective capsule, around the seeds of cotton plants of the genus Gossypium. The fiber is almost pure cellulose. The botanical purpose of cotton fiber is to aid in seed dispersal....

, rum
Rum
Rum is a distilled alcoholic beverage made from sugarcane by-products such as molasses, or directly from sugarcane juice, by a process of fermentation and distillation. The distillate, a clear liquid, is then usually aged in oak barrels...

, sugar
Sugar
Sugar is a class of edible crystalline carbohydrates, mainly sucrose, lactose, and fructose, characterized by a sweet flavor.Sucrose in its refined form primarily comes from sugar cane and sugar beet...

, and tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...

. Slavery was far more important to the profitability of plantations and the economy in the American South; and the slave trade and associated businesses were important to New York and New England both.

In 2006, the then British Prime Minister, Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...

, expressed his deep sorrow over the slave trade, which he described as "profoundly shameful". Some campaigners still demand reparations from the former slave trading nations.
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