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Slavery At Common Law
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, untrammelled 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 conteste ...
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British Empire
The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It began with the English overseas possessions, overseas possessions and trading posts established by Kingdom of England, England in the late 16th and early 17th centuries, and colonisation attempts by Kingdom of Scotland, Scotland during the 17th century. At its height in the 19th and early 20th centuries, it became the List of largest empires, largest empire in history and, for 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, Westminster system, its constitutional, Common law, legal, English language, linguistic, and Culture of the United Kingdom, cultural legacy is widespread. ...
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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 Glucose is a sugar with the Chemical formula#Molecular formula, molecular formula , which is often abbreviated as Glc. It is overall the most abundant monosaccharide, a subcategory of carbohydrates. It is mainly made by plants and most algae d ..., 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 almost pure 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 foo ...
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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 yie ...
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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 and Wales, Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the Witch trials in England, prosecution of witches in English law. Biography Holt was born in Abingdon, Oxfordshire, Abingdon in Berkshire (now Oxfordshire), the son of Sir Thomas Holt (Serjeant-at-Law), 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 (England), Free School in Abingdon (now Abingdon School) from 1652 to 1658, Gray's Inn and Oriel College, Oxford. He purchased Redgrave, Suffolk, Redgrave Manor in Suffolk, which had been the seat of the Bacon baronets, Bacon family in 1702, when debts forced the fifth baronet, Sir Robert Bacon, 5th Baronet, Sir Robert Bacon, to sell the estate. A letter in the Bodleian Lib ...
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Trover
Trover () is a form of lawsuit in common law jurisdictions 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 is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavement is the placement of a person into slavery, and the person is called a slave or an enslaved person (see ). Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, suffering a military defeat, or exploitation for cheaper labor; other forms of slavery were instituted along demographic lines such as race or sex. Slaves would 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 existed in most socie ...
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Law Merchant
(from Latin language, 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 Middle Ages, 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 technicality, legal technicalities and deciding cases ''ex aequo et bono''. With professional merchant ...
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History Of Slavery
The history of slavery spans many cultures, nationalities, and Slavery and religion, religions from ancient times to the present day. Likewise, its victims have come from many different ethnicities and religious groups. The social, economic, and legal positions of slaves have differed vastly in different systems of slavery in different times and places. Slavery has been found in some hunter-gatherer populations, particularly as hereditary slavery, but the conditions of agriculture with increasing social and economic complexity offer greater opportunity for mass chattel slavery. Slavery was institutionalized by the time the first civilizations emerged (such as Sumer in Mesopotamia, which dates back as far as 3500 BC). Slavery features in the Mesopotamian ''Code of Hammurabi'' (c. 1750 BC), which refers to it as an established institution. Slavery was widespread in the ancient world in Europe, Asia, the Middle East, and Africa. and the Americas. Slavery became less common thro ...
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James II Of England
James II and VII (14 October 1633 – 16 September 1701) was King of England and Monarchy of Ireland, Ireland as James II and King of Scotland as James VII from the death of his elder brother, Charles II of England, Charles II, on 6 February 1685, until he was deposed in the 1688 Glorious Revolution. The last Catholic monarch of Kingdom of England, England, Kingdom of Scotland, Scotland, and Kingdom of Ireland, Ireland, his reign is now remembered primarily for conflicts over religion. However, it also involved struggles over the principles of Absolute monarchy, absolutism and divine right of kings, with his deposition ending a century of political and civil strife by confirming the primacy of the English Parliament over the Crown. James was the second surviving son of Charles I of England and Henrietta Maria of France, and was created Duke of York at birth. He succeeded to the throne aged 51 with widespread support. The general public were reluctant to undermine the principle ...
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Charles II Of England
Charles II (29 May 1630 – 6 February 1685) was King of Scotland from 1649 until 1651 and King of England, Scotland, and King of Ireland, Ireland from the 1660 Restoration of the monarchy until his death in 1685. Charles II was the eldest surviving child of Charles I of England, Scotland and Ireland and Henrietta Maria of France. After Charles I's execution at Palace of Whitehall, Whitehall on 30 January 1649, at the climax of the English Civil War, the Parliament of Scotland proclaimed Charles II king on 5 February 1649. However, England entered the period known as the English Interregnum or the English Commonwealth with a republican government eventually led by Oliver Cromwell. Cromwell defeated Charles II at the Battle of Worcester on 3 September 1651, and Charles Escape of Charles II, fled to mainland Europe. Cromwell became Lord Protector of England, Scotland and Ireland. Charles spent the next nine years in exile in France, the Dutch Republic and the Spanish Netherlands. ...
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Royal African Company
The Royal African Company (RAC) was an English trading company established in 1660 by the House of Stuart and City of London merchants to trade along the West African coast. It was overseen by the Duke of York, the brother of Charles II of England; the RAC was founded after Charles II ascended to the English throne in the 1660 Stuart Restoration, and he granted it a monopoly on all English trade with Africa. While the company's original purpose was to trade for gold in the Gambia River, as Prince Rupert of the Rhine had identified gold deposits in the region during the Interregnum, the RAC quickly began trading in slaves, who became its largest commodity. Historians have estimated that the RAC shipped more African slaves to the Americas during the Atlantic slave trade than any other company. The RAC also dealt in other commodities such as ivory, which were primarily sourced from the Gold Coast region. After William III of England rescinded the company's monopoly in 1697 un ...
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Jamaica
Jamaica is an island country in the Caribbean Sea and the West Indies. At , it is the third-largest island—after Cuba and Hispaniola—of the Greater Antilles and the Caribbean. Jamaica lies about south of Cuba, west of Hispaniola (the island containing Haiti and the Dominican Republic), and southeast of the Cayman Islands (a British Overseas Territories, British Overseas Territory). With million people, Jamaica is the third most populous English-speaking world, Anglophone country in the Americas and the fourth most populous country in the Caribbean. Kingston, Jamaica, Kingston is the country's capital and largest city. The indigenous Taíno peoples of the island gradually came under Spanish Empire, Spanish rule after 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 Africans to Jamaica as slaves. The island remained a possession of Spain, under the name Colo ...
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