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  4. Court of Session plaque commemorates anti-slavery case

Court of Session plaque commemorates anti-slavery case

8th December 2022

A plaque has been unveiled at the Court of Session in Edinburgh to commemorate an 18th century case which found that slavery was “not recognised” in Scots law.

Knight v Wedderburn in 1778 saw Joseph Knight, a slave bought in Jamaica and brought to Scotland, win his freedom from "perpetual servitude" to Sir John Wedderburn.

His case was originally heard at Perth Sheriff Court, where the sheriff ruled that “the state of slavery is not recognised by the laws of this kingdom, and is inconsistent with the principles thereof”. Wedderburn appealed to the Court of Session, but judges upheld the sheriff’s decision by a 10-4 majority.

The commemorative plaque was unveiled by Sir Geoff Palmer, leader of Edinburgh’s Slavery and Colonialism Legacy Review Group, before the Lord President, Lord Carloway, and invited guests including senior members of the judiciary.

Sir Geoff said it was a “great honour” to take part. “This historical plaque is an important part of our history,” he stated. “Because it states publicly that Joseph Knight, the black servant of Sir John Wedderburn of Ballindean, the 6th Baronet of Blackness, no longer had to work for Sir John Wedderburn’s household in Perth, Scotland, as a perpetual servant.

“Therefore, the Court of Session in 1778 gave Knight his freedom in Scotland.”

Sir Geoff added: “This plaque tells the world of a decision that is in keeping with the comment of one of the judges, ‘we sit here to enforce right not to enforce wrong’. Indeed, that ‘right’ was the human right to be free.”

The Lord President said: “Commemorative events such as this one today are important in improving public awareness and wearing away the myth that slavery was never practised or condoned in Scotland. They provide an opportunity for learning through the sharing of experiences and research, as well as being a space for remembrance and reflection.

“The public expects the courts to ensure that, fundamentally, justice is done. Whatever else may be said about it, Knight v Wedderburn is a good example of when fair thinking won the day and the right result was reached.”

Sir Geoff Palmer's speech can be downloaded here.

The Lord President's speech can be downloaded here.

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