Book/Printed Material An argument in the case of James Sommersett, a Negro, lately determined by the Court of King's Bench : wherein it is attempted to demonstrate the present unlawfulness of domestic slavery in England : to which is prefixed a state of the case
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Image 1 of An argument in the case of James Sommersett, a Negro, lately determined by … AN ARGUMENT IN THE CASE OF JAMES SOMMERSETT A NEGRO, LATELY DETERMINED BY THE COURT OF KING's BENCH: Wherein it is attempted to demonstrate THE PRESENT UNLAWFULNESS OF DOMESTIC SLAVERY IN ENGLAND.…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 2 of An argument in the case of James Sommersett, a Negro, lately determined by …- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 3 of An argument in the case of James Sommersett, a Negro, lately determined by … THE CASE OF JAMES SOMMERSETT, A NEGRO, ON the 3d of December 1771, affidavits were made by Thomas Walklin, Elizabeth Cade, and John Marlow, that James Sommersett a negro was confined in…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 4 of An argument in the case of James Sommersett, a Negro, lately determined by … 4 for cause of detainer, that Sommersett was the negro slave of Charles Steuart Esquire, who had delivered Sommersett into Mr. Knowles's custody, in order to carry him to Jamaica, and there…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 5 of An argument in the case of James Sommersett, a Negro, lately determined by … 5 “and that during all the time aforesaid there hath “been, and still is a trade, carried on by his Majesty's “subjects, from Africa to his Majesty's colonies or “plantations of Virginia…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 6 of An argument in the case of James Sommersett, a Negro, lately determined by … 6 “the said James Sommersett, being and continuing “such negro slave, was sold in Virginia aforesaid “to one Charles Steuart Esquire, who then was an inhabitant “of Virginia aforesaid; and that the…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 7 of An argument in the case of James Sommersett, a Negro, lately determined by … 7 “stay and abiding in this kingdom, on the occasion “aforesaid, and with an intent to carry the said James “Sommersett, back again into America, with him the “said Charles Steuart, when…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 8 of An argument in the case of James Sommersett, a Negro, lately determined by … 8 “in the year of our Lord 1771, on board the “said vessel called the Ann and Mary, then and still “lying in the river Thames, to wit at London aforesaid, “in…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 9 of An argument in the case of James Sommersett, a Negro, lately determined by … 9 postponed till Easter term, when Mr. Mansfield, Mr. Alleyne, and Mr. Hargrave, were also heard on the same side. Afterwards Mr. Wallace and Mr. Dunning argued in support of the return,…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 10 of An argument in the case of James Sommersett, a Negro, lately determined by … 10 ARGUMENT FOR THE NEGRO. THOUGH the learning and abilities of the gentlemen with whom I am joined on this occasion, have greatly anticipated the arguments prepared by me; yet I trust,…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 11 of An argument in the case of James Sommersett, a Negro, lately determined by … 11 obedience to the writ he is produced before this court, and here sues for the restitution of his liberty. Importance of the case. The questions, arising on this case, do not…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 12 of An argument in the case of James Sommersett, a Negro, lately determined by … 12 right, which Mr. Steuart claims in the person of the negro. Secondly I shall examine Mr. Steuart's authority to enforce that right, if he has any, by imprisonment of the negro…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 13 of An argument in the case of James Sommersett, a Negro, lately determined by … 13 first appearance, and might have afforded a better chance of evading the true question between the parties. But this artifice, however convenient Mr. Steuart's counsel may find it in argument, has…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 14 of An argument in the case of James Sommersett, a Negro, lately determined by … 14 to give a general description of it. The Roman lawyer(a) calls slavery a constitution of the law of nations by which one is made subject to another contrary to nature. But…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 15 of An argument in the case of James Sommersett, a Negro, lately determined by … 15 There are however certain properties, which have accompanied slavery in most places; and by attending to these, we may always distinguish it, from the mild species of domestic service so common…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 16 of An argument in the case of James Sommersett, a Negro, lately determined by … 16 comparison, there will be found nothing exaggerated in this representation of slavery. The description agrees with almost every kind of slavery, formerly or now existing; except only that remnant of the…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 17 of An argument in the case of James Sommersett, a Negro, lately determined by … 17 so, to the unhappy person who suffers under it; finally so, to the master who triumphs in it, and to the state which allows it. Opinion of some modern writers in…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 18 of An argument in the case of James Sommersett, a Negro, lately determined by … 18 a mild slavery, he cautiously distinguishes it, from that cruel species, the subject of commerce between Africa and America. His words are, loquor de servitute, qualis apud civiliores populos in usu…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 19 of An argument in the case of James Sommersett, a Negro, lately determined by … 19 Puffendorf(i) , Bynkershoek(j) , and many others. But in the Spirit of Laws(k) the right of killing is denied, except in case of absolute necessity and for self-preservation. However, where a…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 20 of An argument in the case of James Sommersett, a Negro, lately determined by … 20 stance of it is, that a right of preserving life is unalienable; that freedom from arbitrary power is essential to the exercise of that right; and therefore, that no man can…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 21 of An argument in the case of James Sommersett, a Negro, lately determined by … 21 on the whole of this controversy concerning slavery, I think myself warranted in saying, that the justice and lawfulness of every species of it, as it is generally constituted , except…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 22 of An argument in the case of James Sommersett, a Negro, lately determined by … 22 Decline of slavery in Europe. countenancing the system of domestic slavery were the Jews, the Greeks, the Romans, and the antient Germans(r) ; amongst all of whom it prevailed, but in…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 23 of An argument in the case of James Sommersett, a Negro, lately determined by … 23 Spain according to Bodin about the end of the 8th century, and was become general before the middle of the 14th century. Bartolus, the most famed commentator on the Civil law…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 24 of An argument in the case of James Sommersett, a Negro, lately determined by … 24 commerce in the human species is said to have begun in the year 1508, when the first importation of negro slaves was made into Hispaniola from the Portuguese settlements on the…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 25 of An argument in the case of James Sommersett, a Negro, lately determined by … 25 Arguments to prove, that the law of England will not admit a new slavery. nations into their American colonies. I shall now examine the attempt to obtrude this new slavery into…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 26 of An argument in the case of James Sommersett, a Negro, lately determined by … 26 tenant by villein services , and who might be free in his person , but the villein in blood and tenure: and as the English law has no provisions to regulate…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 27 of An argument in the case of James Sommersett, a Negro, lately determined by … 27 as such saleable and transmissible. If he was a villein regardant, he passed with the manor or land to which he was annexed, but might be severed at the pleasure of…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 28 of An argument in the case of James Sommersett, a Negro, lately determined by … 28 The origin of villeins. The origin of villenage is principally (h) to be derived from the wars between our British Saxon Danish and Norman ancestors, whilst they were contending for the…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 29 of An argument in the case of James Sommersett, a Negro, lately determined by … 29 of enslaving captives in war being abolished, from that time the accession of a new race of villeins was prevented, and the humanity policy and necessity of the times were continually…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 30 of An argument in the case of James Sommersett, a Negro, lately determined by … 30 of the lord after appearance in a nativo habendo , which was the writ for asserting the title of slavery, was a bar- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 31 of An argument in the case of James Sommersett, a Negro, lately determined by … 31 to another nativo habendo , and a perpetual enfranchisement; but nonsuit of the villein after appearance in a libertate probanda , which was one of the writs for asserting the claim…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 32 of An argument in the case of James Sommersett, a Negro, lately determined by … 23 villeins in one nativo habendo ; but any number of villeins of the same blood might join in one libertate probanda (o) . Manumissions were inferred from the slightest circumstances of…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 33 of An argument in the case of James Sommersett, a Negro, lately determined by … 33 the former, should lead to the prevention of the latter. When villenage expired. I shall not attempt to follow villenage in the several stages of it's decline; it being sufficient here…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 34 of An argument in the case of James Sommersett, a Negro, lately determined by … 34 cases in print. One was in Hillary 18th of Elizabeth(w) ; another was a judgment in Easter 1st of James(x) ; the third, which was never determined, happened in Trinity 8th…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 35 of An argument in the case of James Sommersett, a Negro, lately determined by … 35 their faithful repositories for a more noble purpose; to inform and guide the sober judgment of this court, and as I trust to preserve this country from the miseries of domestic…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 36 of An argument in the case of James Sommersett, a Negro, lately determined by … 36 1. The villein in all such suits(e) between him and his lord was stiled nativus as well as villanus ; our antient(f) writers describe a female slave by no other name…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 37 of An argument in the case of James Sommersett, a Negro, lately determined by … 37 had been seized of the plaintiff and all his ancestors as of villeins belonging to it(g) . In the nativo habendo the form of making title to a villein regardant was…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 38 of An argument in the case of James Sommersett, a Negro, lately determined by … 38 beyond memory (n) are added. But if precedents had been wanting, the authority of Littleton, according to whom the title to villenage of each kind, unless it has been confessed, must…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 39 of An argument in the case of James Sommersett, a Negro, lately determined by … 39 male stock, and would acknowledge themselves villeins to the lord(p) , or those from whom he derived his title; and at least two witnesses(q) of this description were requisite for the…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
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Image 40 of An argument in the case of James Sommersett, a Negro, lately determined by … 40 failed in adducing such previous evidence, the judgment of the court was, that the defendant should be free for ever , and the plaintiff was amerced for his false claim(s) .…- Contributor: Sommersett, James - Miscellaneous Pamphlet Collection (Library of Congress) - Great Britain. Court of King's Bench - Hargrave, Francis
- Date: 1772
About this Item
Title
- An argument in the case of James Sommersett, a Negro, lately determined by the Court of King's Bench : wherein it is attempted to demonstrate the present unlawfulness of domestic slavery in England : to which is prefixed a state of the case
Names
- Hargrave, Francis, 1741?-1821
- Sommersett, James
- Great Britain. Court of King's Bench
- Miscellaneous Pamphlet Collection (Library of Congress)
Created / Published
- London : Printed for the author : And sold by W. Otridge ..., 1772.
Headings
- - Sommersett, James--Trials, litigation, etc
- - Habeas corpus--England--London
- - Enslaved persons--Legal status, laws, etc.--England
- - Slavery--Law and legislation--England--Early works to 1800
Notes
- - Signatures: [A]1 B-L⁴.
- - Errata on p. 82.
- - ESTC T22378
- - Sabin 30374
Medium
- 82 p. ; 21 cm. (8vo)
Call Number/Physical Location
- KD372.S66 H37 1772
- AC901 .M5 vol. 198, no. 7
- AC901 .M5 vol. 385, no. 3
- AC901 .M5 vol. 744, no. 1
Digital Id
Library of Congress Control Number
- 94839969
Online Format
- online text
- image
LCCN Permalink
Additional Metadata Formats
Part of
Format
Contributor
- Great Britain. Court of King's Bench
- Hargrave, Francis
- Miscellaneous Pamphlet Collection (Library of Congress)
- Sommersett, James