Yorke–Talbot Slavery Opinion
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Yorke–Talbot Slavery Opinion
The Yorke–Talbot slavery opinion was a legal opinion issued by two Crown law officers in 1729 relating to the legality of slavery under English law. Background The opinion was sought by slave merchants after certain judicial decisions by Lord Chief Justice Holt. Earlier judicial decisions had upheld the legality of slavery in relation to African slaves on the basis that they were infidels. However, in '' Chamberlain v Harvey'' (1697) 1 Ld Raym 146 and in ''Smith v Gould'' (1705–07) 2 Salk 666 Lord Holt rejected this approach, but suggested on a wider basis that slaves were not chattels capable of supporting a legal property claim. The clear concern of the slave traders was that, at best, Christian Africans could not be slaves, and that baptism would manumit a slave (and in fact a number of slaves were baptised and claimed on this basis to be free), and at worst, there might be no legally enforceable property rights in a slave. Views had also been expressed that, whateve ...
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Philip Yorke, 1st Earl Of Hardwicke (1690-1764) By William Hoare Of Bath
Philip Yorke, 1st Earl of Hardwicke, (1 December 16906 March 1764) was an England, English lawyer and politician who served as Lord Chancellor, Lord High Chancellor of Great Britain. He was a close confidant of the Duke of Newcastle, Prime Minister between 1754 and 1756 and 1757 until 1762. Background A son of Philip Yorke, an lawyer, attorney, he was born at Dover, England, Dover. Through his mother, Elizabeth, daughter and co-heiress of Richard Gibbon of Rolvenden, Kent, he was connected with the family of Edward Gibbon the historian. He was educated at a school in Bethnal Green run by Samuel Morland (dissenting tutor), Samuel Morland, a nonconformist. At age 16, Yorke entered the attorney's office of Charles Salkeld in Holborn, London. He was entered at the Middle Temple in November 1708, and perhaps recommended by his employer to Lord Chief Justice Parker as law tutor to his sons. In 1715, Yorke was called to the bar, where his progress was, says John Campbell, 1st Lord ...
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Charles Talbot, 1st Baron Talbot Of Hensol
Charles Talbot, 1st Baron Talbot, (168514 February 1737) was a British lawyer and politician. He was Lord High Chancellor of Great Britain from 1733 to 1737. Life Talbot was the eldest son of William Talbot, Bishop of Durham, a descendant of the 1st Earl of Shrewsbury. He was educated at Eton and Oriel College, Oxford, and became a fellow of All Souls College in 1704. He was called to the bar in 1711, and in 1717 was appointed solicitor general to the prince of Wales. Having been elected a member of the House of Commons in 1720, he became Solicitor General in 1726, and in 1733 he was made Lord Chancellor and raised to the peerage with the title of Lord Talbot, Baron of Hensol, in the County of Glamorgan. Talbot proved himself a capable equity judge during the three years of his occupancy of the Woolsack. Among his contemporaries he enjoyed the reputation of a wit; he was a patron of the poet James Thomson, who in '' The Seasons'' commemorated a son of his to whom he acte ...
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William Murray, 1st Earl Of Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to London at the age of 13 to take up a place at Westminster School. He was accepted into Christ Church, Oxford, in May 1723, and graduated four years later. Returning to London from Oxford, he was called to the Bar by Lincoln's Inn on 23 November 1730, and quickly gained a reputation as an excellent barrister. He became involved in politics in 1742, beginning with his election as a Member of Parliament for Boroughbridge, now in North Yorkshire, and appointment as Solicitor General. In the absence of a strong Attorney General, he became the main spokesman for the government in the House of Commons, and was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons. With the promotion o ...
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Antigua
Antigua ( ), also known as Waladli or Wadadli by the native population, is an island in the Lesser Antilles. It is one of the Leeward Islands in the Caribbean region and the main island of the country of Antigua and Barbuda. Antigua and Barbuda became an independent state within the Commonwealth of Nations on 1 November 1981. ''Antigua'' means "ancient" in Spanish after an icon in Seville Cathedral, "" — St. Mary of the Old Cathedral.Kessler, Herbert L. & Nirenberg, David. Judaism and Christian Art: Aesthetic Anxieties from the Catacombs to Colonialism'' Accessed 23 September 2011. The name ''Waladli'' comes from the indigenous inhabitants and means approximately "our own". The island's perimeter is roughly and its area . Its population was 83,191 (at the 2011 Census). The economy is mainly reliant on tourism, with the agricultural sector serving the domestic market. Over 22,000 people live in the capital city, St. John's. The capital is situated in the north-west ...
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Pro Bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for people who are unable to afford them. is also used in the United Kingdom to describe the central motivation of large organizations, such as the National Health Service and various NGOs which exist "for the public good" rather than for shareholder profit, but it equally or even more applies to the private sector where professionals like lawyers and bankers offer their specialist skills for the benefit of the community or NGOs. Legal counsel Pro bono legal counsel may assist an individual or group on a legal case by filing government applications or petitions. A judge may occasionally determine that the loser should compensate a winning pro bono counsel. Philippines In late 1974, former Philippine Senator Jose W. Diokno was released from ...
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Francis Hargrave
Francis Hargrave (c.1741–1821) was an English lawyer and antiquary. He was the most prominent of the five advocates who appeared on behalf of James Somersett in the case which determined, in 1772, the legal status of slaves in England. Although the case was Hargrave's first, his efforts on the occasion secured his reputation. Life Hargrave was born in London, the son of Christopher Hargrave of Chancery Lane. He entered as a student at Lincoln's Inn in 1760. He came to prominence because of his performance in 1772, in Somersett's case, and shortly afterwards was made King's Counsel. Thereafter, he specialised in legal history and commentary and did not take further part in the abolitionist campaign. In 1797 he was made Recorder of Liverpool, and for many years was treasurer of Lincoln's Inn and a leading parliamentary lawyer. He continued the celebrated compendium of State Trials begun by Thomas Salmon and Sollom Emlyn, which was later expanded by Thomas Bayly Howell. He fell i ...
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Robert Henley, 1st Earl Of Northington
Robert Henley, 1st Earl of Northington, PC (c. 1708 – 14 January 1772), was the Lord High Chancellor of Great Britain. He was a member of the Whig Party in the parliament and was known for his wit and writing. Family Born the second son of Anthony Henley, Robert Henley was from a wealthy family in Hampshire. His grandfather, Sir Robert Henley, had been Master of the Court of the King's Bench, essentially a defence counsel. Henley's father Anthony Henley was educated at Oxford and interested in literature. When he moved to London, he became the friend of the Earls of Dorset and Sunderland, as well as a friend of Swift, Pope, and Burnet. After becoming a married man, Anthony Henley had been the Member of Parliament for Andover in 1698. He died in August, 1711 and was succeeded in turn by his eldest son, Anthony and his second son, Robert. Early life Henley was educated at Westminster School and attended St. John's College in Oxford. He gained a fellowship at the All Souls ...
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Somersett's Case
''Somerset v Stewart'' (177298 ER 499(also known as ''Somersett's case'', ''v. XX Sommersett v Steuart and the Mansfield Judgment)'' is a judgment of the English Court of King's Bench in 1772, relating to the right of an enslaved person on English soil not to be forcibly removed from the country and sent to Jamaica for sale. Lord Mansfield decided that: Slavery had never been authorized by statute within England and Wales, and Lord Mansfield found it also to be unsupported within England by the common law, although he made no comment on the position in the overseas territories of the British Empire. The case was closely followed throughout the Empire, particularly in the Thirteen American Colonies. Scholars have disagreed over precisely what legal precedent the case set. Facts James Somerset, an enslaved African, was purchased by Charles Stewart (or Steuart), a customs officer when he was in Boston, Province of Massachusetts Bay, a British crown colony in North America. ...
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Council Of Westminster
Synods of Westminster were certain of the more important ecclesiastical councils held within the present bounds of London. Though the precise locality is occasionally uncertain, the majority of the medieval synods assembled in the chapter-house of old St Paul's Cathedral, St Paul's, or the former chapel of St Catherine within the precincts of Westminster Abbey or at Lambeth Palace, Lambeth. The councils were of various types, each with a constitutional history of its own. Before the reign of Edward I of England, Edward I, when convocation assumed substantially its present form, there were convened in London various diocesan, provincial, national and legatine synods; during the past six centuries, however, the chief ecclesiastical assemblies held there have been convocations of the province of Canterbury. Eleventh century The first really notable council at St Paul's was Council of London in 1075, that of 1075 under the presidency of Lanfranc; it renewed ancient regulations, forba ...
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Manumission
Manumission, or enfranchisement, is the act of freeing enslaved people by their enslavers. Different approaches to manumission were developed, each specific to the time and place of a particular society. Historian Verene Shepherd states that the most widely used term is gratuitous manumission, "the conferment of freedom on the enslaved by enslavers before the end of the slave system". The motivations for manumission were complex and varied. Firstly, it may present itself as a sentimental and benevolent gesture. One typical scenario was the freeing in the master's will of a devoted servant after long years of service. A trusted bailiff might be manumitted as a gesture of gratitude. For those working as agricultural laborers or in workshops, there was little likelihood of being so noticed. In general, it was more common for older slaves to be given freedom. Legislation under the early Roman Empire put limits on the number of slaves that could be freed in wills (''lex Fufia Can ...
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Commentaries On The Laws Of England
The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and because they met a need. The ''Commentaries'' are often quoted as the definitive ...
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William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barris ...
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