Accessibility Tools

  • Content scaling 100%
  • Font size 100%
  • Line height 100%
  • Letter spacing 100%

The vigilance of persistent judges  

by
April 2011, no. 330

Habeas Corpus: From England to Empire by Paul D. Halliday

Harvard University Press, $54.95 hb, 511 pp

The vigilance of persistent judges  

by
April 2011, no. 330

In the days when every Australian law student studied legal history, one of the famous cases we were taught was about James Somerset. Taken from Africa, probably in his early teens, Somerset, in 1749, was by the laws of Virginia made a chattel of his master, Charles Steuart. Twenty years later, Steuart took Somerset to England, where he continued to serve as a slave for two years until, in October 1771, he fled his bondage. Steuart had Somerset seized and put on board a ship bound for Jamaica, there to be sold in the slave markets. Abolitionists rushed to the King’s Bench in London, where they obtained a writ of habeas corpus. This required the ship’s captain to bring Somerset to court with a justification for his detention. Fortunately, the presiding judge was Lord Mansfield, who declared that slavery did not exist in England. He uttered the famous order: ‘Let the black go free.’ The law of England was too pure and no slave could live in it. Habeas corpus was the remedy.

Michael Kirby reviews 'Habeas Corpus: From England to Empire' by Paul D. Halliday

Habeas Corpus: From England to Empire

by Paul D. Halliday

Harvard University Press, $54.95 hb, 511 pp

From the New Issue

You May Also Like

Leave a comment

If you are an ABR subscriber, you will need to sign in to post a comment.

If you have forgotten your sign in details, or if you receive an error message when trying to submit your comment, please email your comment (and the name of the article to which it relates) to ABR Comments. We will review your comment and, subject to approval, we will post it under your name.

Please note that all comments must be approved by ABR and comply with our Terms & Conditions.