The NRS, which holds records of Scottish courts and churches, and some estate papers relating to slave-owning plantations. To find out more about the records held by the NRS on slavery and guidance on researching the topic, see our Slave and the Slave Trad [1]e [1] guide page on this website.

Court of Session Cases

Between 1756 and 1778 three cases reached the Court of Session in Edinburgh whereby runaway slaves attempted to obtain their freedom. A central argument in each case was that the slave, having been bought in the colonies, had been subsequently baptised by sympathetic church ministers in Scotland. The three cases were Montgomery v Sheddan (1756), Spens v Dalrymple (1769) and Knight v Wedderburn (1774-77). The last case was the only one decided by the Court. James Montgomery (formerly 'Shanker', the property of Robert Sheddan of Morrishill in Ayrshire) died in the Edinburgh Tolbooth before the case could be decided. David Spens (previously 'Black Tom', belonging to Dr David Dalrymple in Methill in Fife) sued Dalrymple for wrongful arrest but Dalrymple died during the suit. Joseph Knight sought the freedom to leave the employment of John Wedderburn of Bandean, who argued that 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. 

Each of these cases are explored in detail in the following pages, featuring transciptions from the original court papers, historical context and the fate of the former slaves.