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Joseph Knight

Joseph Knight was a slave born in Africa and sold in Jamaica to a Scottish owner. He was taken to Scotland in 1769. Three years later a ruling in England (see the article Slavery) decided that slavery was neither 'allowed or approved by the law of England'. Assuming this applied to the rest of Britain he demanded wages from his owner and run away when this was refused. His owner then had his arrested.

The case was heard in the Sheriff court of Perth which rules that there was no slavery in Scotland and the laws of Jamaica could not apply to Scotland. Knight was freed.

Knights owner appealed the case and was heard by the Court of Session in Edinburgh in 1777. The case was important enough that it was given a full panel of judges including Lord Kames the important legal and social historian.

The case for Knight was helped in preparation by James Boswell and Samuel Johnson. Their argument was that 'no may is by nature the property of another'. Since there was no proof that Knight had given up his natural freedom had should be set free.

Lord Kames said 'we sit here to enforce right not to enforce wrong'. The court pronounced slavery to be against the law in Scotland.

This decision was more important than the one 5 years earlier in England because it was based on a broader principle or freedom and natural rights.

There is a fictional novel based on Joseph Knight http://www.amazon.co.uk/exec/obidos/ASIN/0007150253/ .

Last updated: 02-07-2005 10:10:23
Last updated: 02-26-2005 05:11:48