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Five Knights Case
The ''Five Knights' case'' (1627) 3 How St Tr 1 (also Darnel's or Darnell's case) (K.B. 1627), is a case in English law, and now United Kingdom constitutional law, fought by five knights (among them Thomas Darnell) in 1627 against forced loans placed on them by King Charles I in a common law court. Background In 1626, Charles I had recalled Parliament to approve taxes for the Anglo-Spanish War (1625–1630). While supportive of the conflict, Parliament first demanded an investigation into the conduct of the army commander, the Duke of Buckingham, notorious for inefficiency and extravagance. Charles refused to allow this and instead adopted a policy of "forced loans"; those who refused to pay would be imprisoned without trial, and if they continued to resist, sent before the Privy Council. The Chief Justice Sir Randolph Crewe ruled this policy was illegal and the judiciary complied only after he was dismissed. Over 70 individuals were jailed for refusing to contribute, inclu ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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Court Of King's Bench (England) Cases
The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of common law in the English legal system until 1875 * Court of King's Bench (Ireland), a historic senior court of common law in Ireland * King's Bench Division, a division of the High Court of England and Wales that assumed many of the responsibilities of the historic King's Bench in 1875 * Court of King's Bench of Alberta, the superior trial court of the Canadian province of Alberta * Court of King's Bench of Manitoba, the superior trial court of the Canadian province of Manitoba * Court of King's Bench of New Brunswick, the superior trial court of the Canadian province of New Brunswick * Court of King's Bench for Saskatchewan, the superior trial court of the Canadian province of Saskatchewan * Court of King's Bench of Quebec, a historical trial c ...
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Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts and ...
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The Historical Journal
''The Historical Journal'', formerly known as ''The Cambridge Historical Journal'', is a peer-reviewed academic journal published by Cambridge University Press. It publishes approximately thirty-five articles per year on all aspects of British, European, and world history since the fifteenth century. In addition, each issue contains numerous review articles covering a wide range of historical literature. Contributing authors include historians of established academic reputation as well as younger scholars making their debut in the historical profession. History The journal was founded in 1923 as ''The Cambridge Historical Journal'' by Harold Temperley. It obtained its present title in 1958 when the journal editors decided to adopt a more global perspective. Despite choosing to omit the Cambridge label from the latter date, it remained under the editorial leadership of the History Faculty at the University of Cambridge, as it does to this day. Its current editors are Prof. Sujit S ...
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Habeas Corpus Act 1640
The Habeas Corpus Act 1640 (16 Car 1 c 10) was an Act of the Parliament of England. The Act was passed by the Long Parliament shortly after the impeachment and execution of Thomas Wentworth, 1st Earl of Strafford in 1641 and before the English Civil War. It abolished the Star Chamber. It also declared that anyone imprisoned by order of the king, privy council, or any councillor could apply for a writ of habeas corpus, required that all returns to the writ "certify the true cause" of imprisonment, and clarified that the Court of Common Pleas also had jurisdiction to issue the writ in such cases (prior to which it was argued that only the King's Bench could issue the writ). The writ was amended by the Habeas Corpus Act 1679. The words of commencement were repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948. The whole Act, so far as not otherwise repealed, was repealed in England by section 8(2) of, and Part I of Schedule 5 to, the Justices of the ...
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Petition Of Right 1628
The Petition of Right, passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689. It was part of a wider conflict between Parliament and the Stuart monarchy that led to the 1638 to 1651 Wars of the Three Kingdoms, ultimately resolved in the 1688 Glorious Revolution. Following a series of disputes with Parliament over granting taxes, in 1627 Charles I imposed "forced loans", and imprisoned those who refused to pay, without trial. This was followed in 1628 by the use of martial law, forcing private citizens to feed, clothe and accommodate soldiers and sailors, which implied the king could deprive any individual of property, or freedom, without justification. It united opposition at all levels of society, particularly those elements the monarchy depended on for financial support, collecting taxes, administering justice etc, since wealth simply ...
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Mark Kishlansky
Mark Kishlansky (October 11, 1948 – May 19, 2015) was an American historian of seventeenth-century British politics. He was the Frank Baird, Jr. Professor of History at Harvard University. Education and academic career Kishlansky was born in Brooklyn. He completed his undergraduate degree at the State University of New York at Stony Brook in 1970. He proceeded to graduate study under David Underdown at Brown University, receiving his M.A. in 1972 and his PhD in 1977. His PhD thesis was titled "The Emergence of Radical Politics in the English Revolution". From 1975 to 1991 he taught at the University of Chicago, successively as instructor and professor. From 1990 to 1991 he was a member of the Committee on Social Thought. He was a visiting professor at Northwestern University in 1983 and was the Mellon Visiting Professor in the Humanities and Social Sciences at the California Institute of Technology in 1990–91. In 1991 he became a professor at Harvard University and fro ...
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3rd Parliament Of King Charles I
{{unsourced, date=April 2022 The 3rd Parliament of King Charles I was summoned by King Charles I of England on 31 January 1628 and first assembled on 17 March 1628. The elected Speaker of the English House of Commons, Speaker of the House of Commons was John Finch, 1st Baron Finch, Sir John Finch, the Member of Parliament for Canterbury (UK Parliament constituency), Canterbury. Following the debacle of the previous Parliament, when Parliament had refused the grant the King funds until their concerns about his favourite, George Villiers, 1st Duke of Buckingham, George Villiers, Duke of Buckingham, had been addressed, it had proved difficult to prosecute the war with Spain. When Charles's uncle, Christian IV of Denmark, was soundly defeated by Imperial forces at Battle of Lutter, Lutter in August 1626 Charles needed funds urgently to go to Christian's aid. He therefore decided to bypass Parliament by levying a Forced Loan, which actually raised more money, some £243,000, than Parli ...
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Bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded. In other countries, such as the United Kingdom, bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. For minor crimes, a defendant may be summoned to court witho ...
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John Selden
John Selden (16 December 1584 – 30 November 1654) was an English jurist, a scholar of England's ancient laws and constitution and scholar of Jewish law. He was known as a polymath; John Milton hailed Selden in 1644 as "the chief of learned men reputed in this land." Early life He was born at Salvington, in the parish of West Tarring, West Sussex (now part of the town of Worthing), and was baptised at St Andrew's, the parish church. The cottage in which he was born survived until 1959 when it was destroyed by a fire caused by an electrical fault. His father, also named John Selden, had a small farm. It is said that his skill as a violin-player was what attracted his wife, Margaret, who was from a better family, being the only child of Thomas Baker of Rustington and descended from a knightly family of Kent. Selden was educated at the free grammar school at Chichester, The Prebendal School, and in 1600 he went on to Hart Hall, Oxford. In 1603, he was admitted to Cliffor ...
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Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most constitutional monarchies, prerogatives can be abolished by Parliament as the courts apply the constitutional near-absolute of the supremacy of Parliament. In the Commonwealth realms this draws on the constitutional statutes at the time of the Glorious Revolution when William III and Mary II were invited to take the throne. In the United Kingdom the remaining powers of the royal prerogative are devolved to the head of the government which for more than two centuries has been the Prime Minister; the benefits, equally, such as m ...
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