Slavery at Common Law - Joseph Knight's Case

Joseph Knight's Case

Two years after the Mansfield decision in England, a servant in Scotland, Joseph Knight, sought the freedom to leave the employment of John Wedderburn of Ballendean, and claimed in his pleadings that the very act of landing in Scotland freed him from perpetual servitude, as slavery was not recognised in Scotland (records do not now record whether this was on the basis of the Mansfield decision). Many years earlier Knight had been purchased by Wedderburn in Jamaica from a slave trader, although his status at the time of the trial was the subject of disagreement (Knight averred that Wedderburn wished to take him back to Jamaica to sell him on as a slave in the colonies, which Wedderburn denied).

The case caused disagreement in the courts as Wedderburn, referred to through the document as "The Complainer", insisted that slavery and perpetual servitude were different states. He argued that in Scots law Knight, even though he was not recognised as a slave, was still bound to provide perpetual service in the same manner as an indentured servant or an apprenticed artisan. The Justices of the Peace in Perth, at first instance, found in favour of Wedderburn. However, when Knight then appealed to the Sheriff Deputy the first instance decision was then overturned. Wedderburn then made a further appeal to the Lords of Council and Session. The Court of Session emphatically rejected Wedderburn's appeal, ruling that "the dominion assumed over this Negro, under the law of Jamaica, being unjust, could not be supported in this country to any extent: That, therefore, the defender had no right to the Negro’s service for any space of time, nor to send him out of the country against his consent: That the Negro was likewise protected under the act 1701, c.6. from being sent out of the country against his consent."

Evidence presented by both sides in the case survives in the National Archives of Scotland (reference CS235/K/2/2).