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Smith V Gould
Slavery at common law in the British Empire developed slowly over centuries, and was characterised by inconsistent decisions and varying rationales for the treatment of slavery, the slave trade, and the rights of slaves and slave owners. Unlike in its colonies, within the home islands of Britain, until 1807, except for statutes facilitating and taxing the international slave trade, there was virtually no legislative intervention in relation to slaves as property, and accordingly the common law had something of a "free hand" to develop, untrammeled by the "paralysing hand of the Parliamentary draftsmen". Two attempts to pass a slave code via parliament itself both failed, one in the 1660s and the other in 1674. Some scholars assert slavery was not recognised as lawful, often on the basis of pronouncements such as those attributed to Lord Mansfield, that "the air of England is too pure for any slave to breathe". However the true legal position has been both complex and contested. ...
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British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts established by England between the late 16th and early 18th centuries. At its height it was the largest empire in history and, for over a century, was the foremost global power. By 1913, the British Empire held sway over 412 million people, of the world population at the time, and by 1920, it covered , of the Earth's total land area. As a result, its constitutional, legal, linguistic, and cultural legacy is widespread. At the peak of its power, it was described as "the empire on which the sun never sets", as the Sun was always shining on at least one of its territories. During the Age of Discovery in the 15th and 16th centuries, Portugal and Spain pioneered European exploration of the globe, and in the process established large overse ...
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Sugar
Sugar is the generic name for sweet-tasting, soluble carbohydrates, many of which are used in food. Simple sugars, also called monosaccharides, include glucose, fructose, and galactose. Compound sugars, also called disaccharides or double sugars, are molecules made of two bonded monosaccharides; common examples are sucrose (glucose + fructose), lactose (glucose + galactose), and maltose (two molecules of glucose). White sugar is a refined form of sucrose. In the body, compound sugars are hydrolysed into simple sugars. Longer chains of monosaccharides (>2) are not regarded as sugars, and are called oligosaccharides or polysaccharides. Starch is a glucose polymer found in plants, the most abundant source of energy in human food. Some other chemical substances, such as glycerol and sugar alcohols, may have a sweet taste, but are not classified as sugar. Sugars are found in the tissues of most plants. Honey and fruits are abundant natural sources of simple sugars. Suc ...
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Colony Of Virginia
The Colony of Virginia, chartered in 1606 and settled in 1607, was the first enduring English colonial empire, English colony in North America, following failed attempts at settlement on Newfoundland (island), Newfoundland by Sir Humphrey GilbertGilbert (Saunders Family), Sir Humphrey" (history), ''Dictionary of Canadian Biography'' Online, University of Toronto, May 2, 2005 in 1583 and the colony of Roanoke (further south, in modern eastern North Carolina) by Sir Walter Raleigh in the late 1580s. The founder of the new colony was the Virginia Company, with the first two settlements in Jamestown, Virginia, Jamestown on the north bank of the James River and Popham Colony on the Kennebec River in modern-day Maine, both in 1607. The Popham colony quickly failed due to Starving Time, a famine, disease, and conflicts with local Native American tribes in the first two years. Jamestown occupied land belonging to the Powhatan Confederacy, and was also at the brink of failure before the arr ...
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Villein
A villein, otherwise known as ''cottar'' or ''crofter'', is a serf tied to the land in the feudal system. Villeins had more rights and social status than those in slavery, but were under a number of legal restrictions which differentiated them from the freeman. Etymology Villein was a term used in the feudal system to denote a peasant (tenant farmer) who was legally tied to a lord of the manor – a villein in gross – or in the case of a villein regardant to a manor. Villeins occupied the social space between a free peasant (or "freeman") and a slave. The majority of medieval European peasants were villeins. An alternative term is serf, despite this originating from the Latin , meaning "slave". A villein was thus a bonded tenant, so he could not leave the land without the landowner's consent. Villein is derived from Late Latin ''villanus'', meaning a man employed at a Roman villa rustica, or large agricultural estate. The system of tied serfdom originates fro ...
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Assumpsit
Assumpsit ("he has undertaken", from Latin, ''assumere''), or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, unjust enrichment. The origins of the action can be traced to the 14th century, when litigants seeking justice in the royal courts turned from the writs of covenant and debt to the trespass on the case. History Fragmentation of actions for breach of agreement In the early days of the English common law, agreements were enforced in local courts. Where one wished to enforce an agreement in the royal courts, it was necessary to fit one's claim within a form of action. In the 13th and 14th centuries the forms of action for the enforcement of agreements were covenant, debt, detinue, and account. These were all writs in the ''praecipe'' form, meaning that they commanded the defendant to perform an act: for example, to keep a promise; to yiel ...
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John Holt (judge)
Sir John Holt (23 December 1642 – 5 March 1710) was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in English law. Biography Holt was born in Abingdon in Berkshire (now Oxfordshire), the son of Sir Thomas Holt, MP for that town, and his wife, Susan, the daughter of John Peacock of Chieveley, also in Berkshire. He was educated at John Roysse's Free School in Abingdon (now Abingdon School) from 1652 to 1658, Gray's Inn and Oriel College, Oxford. He purchased Redgrave Manor in Suffolk, which had been the seat of the Bacon family in 1702, when debts forced the fifth baronet, Sir Robert Bacon, to sell the estate. A letter in the Bodleian Library reads: "The celebrated Dr Radcliffe, the physician ... took special pains to preserve the life of LCJ Holt's wife, whom he attended out of spite to her husband, who wished her dead." Sir John Holt's ...
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Trover
Trover () is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin). Overview Although actions in trover can be traced to the time of Bracton, and later Edward I of England, it became more clearly defined later during the reign of Henry VI of England, 1422–1461 and 1470–1471. Action in trover became a mature legal doctrine during the reign of Elizabeth I of England, 1558–1603. Early trover cases involved the keeping or taking of a bailment by the bailee (the person charged to hold the property with "ordinary care"). Others concerned the use of lost chattels found by another and determining who was the real owner. Early on, there was difficulty in dealing with situations where chattels held by a bailee were used by a ...
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Chattel Slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as Racism, race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be Manumission, granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntary slavery, voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is no ...
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Law Merchant
''Lex mercatoria'' (from the Latin for "merchant law"), often referred to as "the Law Merchant" in English, is the body of commercial law used by merchants throughout Europe during the medieval period. It evolved similar to English common law as a system of custom and best practice, which was enforced through a system of merchant courts along the main trade routes. It developed into an integrated body of law that was voluntarily produced, adjudicated and enforced on a voluntary basis, alleviating the friction stemming from the diverse backgrounds and local traditions of the participants. Due to the international background local state law was not always applicable and the merchant law provided a leveled framework to conduct transactions reducing the preliminary of a trusted second party. It emphasized contractual freedom and inalienability of property, while shunning legal technicalities and deciding cases ''ex aequo et bono''. With ''lex mercatoria'' professional merchants revita ...
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Slave Trade
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is now outlawed in most countries of the w ...
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Jamaica
Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of Hispaniola (the island containing the countries of Haiti and the Dominican Republic); the British Overseas Territory of the Cayman Islands lies some to the north-west. Originally inhabited by the indigenous Taíno peoples, the island came under Spanish rule following the arrival of Christopher Columbus in 1494. Many of the indigenous people either were killed or died of diseases, after which the Spanish brought large numbers of African slaves to Jamaica as labourers. The island remained a possession of Spain until 1655, when England (later Great Britain) conquered it, renaming it ''Jamaica''. Under British colonial rule Jamaica became a leading sugar exporter, with a plantation economy dependent on the African slaves and later their des ...
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Barbados
Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estimate). Its capital and largest city is Bridgetown. Inhabited by Island Caribs, Kalinago people since the 13th century, and prior to that by other Indigenous peoples of the Americas, Amerindians, Spanish navigators took possession of Barbados in the late 15th century, claiming it for the Crown of Castile. It first appeared on a Spanish map in 1511. The Portuguese Empire claimed the island between 1532 and 1536, but abandoned it in 1620 with their only remnants being an introduction of wild boars for a good supply of meat whenever the island was visited. An Kingdom of England, English ship, the ''Olive Blossom'', arrived in Barbados on 14 May 1625; its men took possession of the island in the name of James VI and I, King James I. In 1627, the first ...
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