State Trials
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State Trials
In English law, the term ''state trials'' primarily denotes trials relating to offences against the state. In practice it is a term often used of cases illustrative of the law relating to state officers or of international or constitutional law. Bibliographical history The first collection of accounts of state trials was published in 1719 in four volumes. Although without an editor's name, it appears that Thomas Salmon (1679–1767), an historical and geographical writer, was responsible for the collection. A second edition, increased to six volumes, under the editorship of Sollom Emlyn (1697–1754), appeared in 1730. This edition contained a lengthy preface critically surveying the condition of English law at the time. A third edition appeared in 1742, in eight volumes, the seventh and eighth volumes having been added in 1835. Ninth and tenth volumes were added in 1766, and a fourth edition, comprising ten volumes, with the trials arranged chronologically, was published ...
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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 Common law can be amended or repealed by Parliament.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 ...
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State (polity)
A state is a centralized political organization that imposes and enforces rules over a population within a territory. There is no undisputed definition of a state. One widely used definition comes from the German sociologist Max Weber: a "state" is a polity that maintains a monopoly on the legitimate use of violence, although other definitions are not uncommon.Cudworth et al., 2007: p. 95Salmon, 2008p. 54 Absence of a state does not preclude the existence of a society, such as stateless societies like the Haudenosaunee Confederacy that "do not have either purely or even primarily political institutions or roles". The level of governance of a state, government being considered to form the fundamental apparatus of contemporary states, is used to determine whether it has failed. In a federal union, the term "state" is sometimes used to refer to the federated polities that make up the federation. (Other terms that are used in such federal systems may include “ provinceâ ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutu ...
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Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a '' jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles ac ...
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Thomas Salmon (historian)
Thomas Salmon (1679–1767) was an English historical and geographical writer. Life Born at Meppershall in Bedfordshire, and baptised there on 2 February 1679, was son of Thomas Salmon, by his wife Katherine, daughter of John Bradshaw; Nathanael Salmon was his elder brother. William Cole wrote that he wrote much of his work in Cambridge, where he ran a coffee house, and then moved to London. He told Cole that he had spent time at sea, and in both the East and West Indies for some time. He also travelled in Europe. In 1739–40 Salmon accompanied George Anson on his voyage round the world. He died on 20 January 1767. Works Salmon's works were: * ''A Review of the History of England, as far as it relates to the Titles and Pretensions of four several Kings, and their Respective Characters, from the Conquest to the Revolution'', London, 1722; 2nd ed. 2 vols. London, 1724. * ''An Impartial Examination of Bishop Burnet's History of his own Times'', 2 vols. London, 1724. * ''Bi ...
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Sollom Emlyn
Sollom Emlyn (27 December 1697 – 28 June 1754) was an Irish legal writer. Life Emlyn was the second son of Thomas Emlyn. He was born at Dublin, where his father was at the time settled, on 27 December 1697. He studied law, entered as a student at Leiden University 17 Sept. 1714, became a member of Lincoln's Inn, and rose to be of great reputation as a chamber counsel. Emlyn was anxious for reforms of the law, and very forcibly pointed out the defects in the system as then practised. He remarked in 1730 on the 'tediousness and delays' of civil suits, 'the exorbitant fees to counsel, whereto the costs recovered bear no proportion,’ the overgreat 'nicety of special pleadings,’ the scandal of the ecclesiastical courts. In criminal law he objected to the forced unanimity of the jury, the Latin record of the proceedings, the refusal of counsel to those charged with felony, the practice of pressing to death obstinately mute prisoners, capital punishment for trifling offences, 't ...
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William Cobbett
William Cobbett (9 March 1763 – 18 June 1835) was an English pamphleteer, journalist, politician, and farmer born in Farnham, Surrey. He was one of an agrarian faction seeking to reform Parliament, abolish "rotten boroughs", restrain foreign activity, and raise wages, with the goal of easing poverty among farm labourers and small land holders. Cobbett backed lower taxes, saving, reversing commons enclosures and resisting the 1821 gold standard. He opposed borough-mongers, sinecurists, bureaucratic "tax-eaters" and stockbrokers. His radicalism furthered the Reform Act 1832 and gained him one of two newly created seats in Parliament for the borough of Oldham. His polemics range from political reform to religion, including Catholic emancipation. His best known book is ''Rural Rides'' (1830, in print). He argued against Malthusianism, saying economic betterment could support global population growth. Early life (1763–1791) William Cobbett was born in Farnham, Surrey, on 9 Mar ...
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Thomas Bayly Howell
Thomas Bayly Howell FRS (6 September 1767 – 13 April 1815) was an English lawyer and writer who edited and lent his name to ''Howell's State Trials''. Life Thomas Bayly Howell was born in Jamaica. His family returned to England in 1770 to settle at Prinknash Park near Gloucester. Howell studied at Christ Church, Oxford but did not graduate, instead moving on to Lincoln's Inn and being called to the bar in 1790.Goodwin (2004) In 1808, William Cobbett asked Howell to edit a new edition of the ''State Trials'', a work aspiring to aggregate all the important cases on public law in England. Former compilations of the subject were published by Thomas Salmon, Sollom Emlyn and Francis Hargrave over the previous century. Howell worked on the project from 1809 to 1814, his son, Thomas Jones Howell taking over from him. A modern edition of the ''State Trials'' was edited by Donald Thomas and published in two volumes in 1972. Honours *Fellow of the Royal Society The Royal ...
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Thomas Jones Howell
Thomas Jones Howell (died 1858), who edited the 'State Trials' (vols. xxii. 1815-xxxiii. 1826), was admitted of Lincoln's Inn on 9 November 1814 (Register). He sold Prinknash after 1842. He died at Eaton Place West, London, on 4 June 1858 (Gent. Mag. 1858, ii. 93). He married twice (in 1817 and 1851). He was the son of Thomas Bayly Howell. References * * *Frederic Boase Frederic Boase (7 October 1843 – 23 December 1916) was an English librarian and biographer. Family He was born at Lariggan, Penzance, Cornwall to John Josias Arthur Boase (1801–1896), banker, and his wife, Charlotte née Scholl (1802–1873) .... "Howell, Thomas Jones". Modern English Biography: A - H. Netherton and Worth. 1892. Page 1883. {{DEFAULTSORT:Howell, Thomas Jones 1793 births 1858 deaths Members of Lincoln's Inn ...
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Parliamentary Committee
A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more fully than would be possible if the assembly itself were considering them. Committees may have different functions and their types of work differ depending on the type of the organization and its needs. A member of a legislature may be delegated a committee assignment, which gives them the right to serve on a certain committee. Purpose A deliberative assembly may form a committee (or "commission") consisting of one or more persons to assist with the work of the assembly. For larger organizations, much work is done in committees. Committees can be a way to formally draw together people of relevant expertise from different parts of an organization who otherwise would not have a good way to share information and coordinate actions. They may ...
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John Macdonell (jurist)
Sir John Macdonell (1 August 1846 – 17 March 1921) was a British jurist. He was King's Remembrancer (1912–1920) and invested as a Knight Commander of the Order of the Bath The Most Honourable Order of the Bath is a British order of chivalry founded by George I of Great Britain, George I on 18 May 1725. The name derives from the elaborate medieval ceremony for appointing a knight, which involved Bathing#Medieval .... Shaw of Dunfermline gives a prefatory biography in ''Historical Trials''. John Macdonnell married writer and journalist Agnes Harrison in 1873. Selected publications * * * ''The Law of Master and Servant'', 1883 * 1914 edition, Boston: Little, Brown & Co.* ''Law and Eugenics'', 1916 * ''Historical Trials'' OUP, 1927; republished in 1931, 1933, 1936 as #23 in Thinker's Library References External links *Sir John Macdonell, National Portrait Gallery, London* 1846 births 1921 deaths Alumni of the University of Aberdeen Members of the ...
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John Edward Power Wallis
Sir John Edward Power Wallis (3 November 1861 – 8 June 1946) was a British lawyer who served as the Advocate-General of Madras from 1900 to 1906, and Chief Justice of the Madras High Court from 1914 to 1921. Early life and education Wallis was born in 1861, son of John Edward Wallis, of Alexandria, Egypt, formerly of London and the Inner Temple, Judge in the Mixed Tribunals (International Court of Justice), Cairo and sometime editor and proprietor of Catholic weekly ''The Tablet''. He was educated at Ushaw College, Durham, and the University of London (M.A.), and was called to the bar in 1886 from the Middle Temple. He served for some time as a reader in Madras before being appointed the Advocate-General of the Madras Presidency in January 1900, succeeding C. A. White. Legal career Wallis served as the Advocate-General of the Madras Presidency from 1900 to 1906. He was also nominated to the Madras Legislative Council and served as an ex-officio member from 1904 to 1 ...
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