Chief Justice of Quebec
The title of Chief Justice of Quebec is assumed by the chief justice of the Court of Appeal of Quebec. From 1849 to 1974 it was assumed by the Chief Justice from the Court of Queen's Bench or Court of King's Bench. Court of Appeal of Quebec, "Former judges"
England is a country, part of the United Kingdom. It shares land borders with Wales to Scotland to the north-northwest; the Irish Sea lies west of England and the Celtic Sea lies to the southwest. England is separated from continental Europe by the North Sea to the east and the English Channel to the south; the country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Palaeolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century, since the Age of Discovery, which began during the 15th century, has had a significant cultural and legal impact on the wider world; the English language, the Anglican Church, English law – the basis for the common law legal systems of many other countries around the world – developed in England, the country's parliamentary system of government has been adopted by other nations.
The Industrial Revolution began in 18th-century England, transforming its society into the world's first industrialised nation. England's terrain is chiefly low hills and plains in central and southern England. However, there is upland and mountainous terrain in the west; the capital is London, which has the largest metropolitan area in both the United Kingdom and the European Union. England's population of over 55 million comprises 84% of the population of the United Kingdom concentrated around London, the South East, conurbations in the Midlands, the North West, the North East, Yorkshire, which each developed as major industrial regions during the 19th century; the Kingdom of England – which after 1535 included Wales – ceased being a separate sovereign state on 1 May 1707, when the Acts of Union put into effect the terms agreed in the Treaty of Union the previous year, resulting in a political union with the Kingdom of Scotland to create the Kingdom of Great Britain. In 1801, Great Britain was united with the Kingdom of Ireland to become the United Kingdom of Great Britain and Ireland.
In 1922 the Irish Free State seceded from the United Kingdom, leading to the latter being renamed the United Kingdom of Great Britain and Northern Ireland. The name "England" is derived from the Old English name Englaland, which means "land of the Angles"; the Angles were one of the Germanic tribes that settled in Great Britain during the Early Middle Ages. The Angles came from the Anglia peninsula in the Bay of Kiel area of the Baltic Sea; the earliest recorded use of the term, as "Engla londe", is in the late-ninth-century translation into Old English of Bede's Ecclesiastical History of the English People. The term was used in a different sense to the modern one, meaning "the land inhabited by the English", it included English people in what is now south-east Scotland but was part of the English kingdom of Northumbria; the Anglo-Saxon Chronicle recorded that the Domesday Book of 1086 covered the whole of England, meaning the English kingdom, but a few years the Chronicle stated that King Malcolm III went "out of Scotlande into Lothian in Englaland", thus using it in the more ancient sense.
According to the Oxford English Dictionary, its modern spelling was first used in 1538. The earliest attested reference to the Angles occurs in the 1st-century work by Tacitus, Germania, in which the Latin word Anglii is used; the etymology of the tribal name itself is disputed by scholars. How and why a term derived from the name of a tribe, less significant than others, such as the Saxons, came to be used for the entire country and its people is not known, but it seems this is related to the custom of calling the Germanic people in Britain Angli Saxones or English Saxons to distinguish them from continental Saxons of Old Saxony between the Weser and Eider rivers in Northern Germany. In Scottish Gaelic, another language which developed on the island of Great Britain, the Saxon tribe gave their name to the word for England. An alternative name for England is Albion; the name Albion referred to the entire island of Great Britain. The nominally earliest record of the name appears in the Aristotelian Corpus the 4th-century BC De Mundo: "Beyond the Pillars of Hercules is the ocean that flows round the earth.
In it are two large islands called Britannia. But modern scholarly consensus ascribes De Mundo not to Aristotle but to Pseudo-Aristotle, i.e. it was written in the Graeco-Roman period or afterwards. The word Albion or insula Albionum has two possible origins, it either derives from a cognate of the Latin albus meaning white, a reference to the white cliffs of Dover or from the phrase the "island of the Albiones" in the now lost Massaliote Periplus, attested through Avienus' Ora Maritima to which the former served as a source. Albion is now applied to England in a more poetic capacity. Another romantic name for England is Loegria, related to the Welsh word for England and made popular by its use in Arthurian legend; the earliest known evidence of human presence in the area now known as England was that of Homo antecessor, dating to approximate
John Elmsley was Chief Justice of Upper Canada and afterwards Lower Canada. In both the Canadas he served as President of the Executive Council and Speaker of the Legislative Council. During the Hunter administration, he was the most powerful man in Upper Canada. In Lower Canada, from 1802 until his death he was second only in rank to the Lieutenant Governor. In 1762, he was born in England at London, he was the first son of Anne Elmsley. He was educated at Oriel College, graduating BA in 1786, MA in 1789, entered the Inner Temple in 1790. At London in July, 1796, he married Mary Hallowell, daughter of Captain Benjamin Hallowell R. N. of Roxbury, Boston, by his wife Mary, daughter of Thomas Boylston. Together they had at least one son, John Jr, who followed him into the Executive Council of Upper Canada. Mrs Elmsley's Loyalist father was His Majesty's Commissioner of Customs for the Port of Boston at the time of the Boston Tea Party, which led the excited revolutionaries to persecute and expel the family from Boston, on pain of death.
Mrs Elmsley was a niece of Governor Moses Gill and her brothers included Admiral Sir Benjamin Hallowell-Carew, one of Nelson's Band of Brothers, Ward Hallowell, the great benefactor of Harvard University. Her mother was a first cousin of Susanna Boylston, the mother of the 2nd President of the United States, John Adams, grandmother of the 6th President, John Quincy Adams. In November 1796, Elmsley arrived at Niagara-on-the-Lake, soon after followed by his wife and father-in-law. Lieutenant-Governor John Graves Simcoe had left the province in July, choosing Peter Russell to act as administrator in his absence. Before he left Simcoe had ordered that the provincial capital was moved from Niagara to York, Russell was busy organising the unwelcome upheaval. For legal reasons, Elmsley objected to the move which brought him into conflict with Russell throughout 1797. In July, 1797, Parliament was held at York, but a compromise had been met with a bill passed to permit the courts to remain at Niagara-on-the-Lake for a further two years.
Elmsley moved to York in the spring of 1798, building a large house that became the Lieutenant-Governor's residence. The administrator and the chief justice continued to disagree about everything. Concerning land grants and tariffs with Lower Canada, Elmsley was influenced by his friend Richard Cartwright supporting the Loyalist and merchant points of view. In legal matters, he tried to adapt English law to Canadian circumstances but was opposed by Allcock, who believed that there should be no tampering with English law and precedents. Elmsley was one of the few university graduates in the province, was much given to elegant phrases and Latin quotations, a habit that may not have endeared him to all his colleagues; when the Duke of Portland had appointed Elmsley to the Chief Justiceship of Upper Canada, he had promised him promotion to the Chief Justiceship of Lower Canada as soon as the post became vacant. In 1800, fearing he would lose money with another move, Elmsley withdrew his claim. Despite his reluctance, he was appointed to the Lower Canadian post in 1802, following the resignation of William Osgoode.
The salary was increased from £1,000 to £1,500 a year, he was to be called to the Executive and Legislative Councils of Lower Canada with a'seat next in Rank to the Lieutenant Governor.' He traveled to Montreal in February 1805 with plans to go to the United States after he had become ill in November of the previous year. He died in Montreal on April 29, 1805; when the Fort York Government House was destroyed in the War of 1812 by an explosion from the British ammunition magazine, Chief Justice Elmsley's house was purchased on King Street and converted into the new Government House. Despite this it was still called Elmsley House for a long period. Elmsley's son Captain John Elmsley was a member of the Legislative Council of Upper Canada and Executive Council of Upper Canada. Elmsley converted as a Roman Catholic and is buried at St. Michael's Cathedral
The Province of Upper Canada was a part of British Canada established in 1791 by the Kingdom of Great Britain, to govern the central third of the lands in British North America part of the Province of Quebec since 1763. Upper Canada included all of modern-day Southern Ontario and all those areas of Northern Ontario in the Pays d'en Haut which had formed part of New France the watersheds of the Ottawa River or Lakes Huron and Superior, excluding any lands within the watershed of Hudson Bay; the "upper" prefix in the name reflects its geographic position along the Great Lakes above the headwaters of the Saint Lawrence River, contrasted with Lower Canada to the northeast. It was the primary destination of Loyalist refugees and settlers from the United States after the American Revolution, who were granted land to settle in Upper Canada; the province was characterized by its British way of life, including bicameral parliament and civil and criminal law not mixed like in Lower Canada or elsewhere in the British Empire.
The division was created to ensure the exercise of the same rights and privileges enjoyed by loyal subjects elsewhere in the North American colonies. In 1812, war broke out between Great Britain and the United States, leading to several battles in Upper Canada; the US had hoped to capture Upper Canada. The government of the colony came to be dominated by a small group of persons, known as the "Family Compact", who held most of the top positions in the Legislative Council and appointed officials. In 1837, an unsuccessful rebellion attempted to overthrow the undemocratic system. Representative government would be established in the 1840s. Upper Canada existed from its establishment on 26 December 1791 to 10 February 1841 when it was united with adjacent Lower Canada to form the Province of Canada; as part of the 1763 Treaty of Paris which ended the Seven Years' War global conflict and the French and Indian War in North America, Great Britain retained control over the former New France, defeated in the French and Indian War.
The British had won control after Fort Niagara had surrendered in 1759 and Montreal capitulated in 1760, the British under Robert Rogers took formal control of the Great Lakes region in 1760. Fort Michilimackinac was occupied by Roger's forces in 1761; the territories of contemporary southern Ontario and southern Quebec were maintained as the single Province of Quebec, as it had been under the French. From 1763 to 1791, the Province of Quebec maintained its French language, cultural behavioural expectations and laws; the British passed the Quebec Act in 1774, which expanded the Quebec colony's authority to include part of the Indian Reserve to the west, other western territories south of the Great Lakes including much of what would become the United States' Northwest Territory, including the modern states of Illinois, Michigan, Ohio and parts of Minnesota. After the American War of Independence ended in 1783, Britain retained control of the area north of the Ohio River; the official boundaries remained undefined until the Jay Treaty.
The British authorities encouraged the movement of people to this area from the United States, offering free land to encourage population growth. For settlers, the head of the family received 100 acres and 50 acres per family member, soldiers received larger grants; these settlers are known as United Empire Loyalists and were English-speaking Protestants. The first townships along the St. Lawrence and eastern Lake Ontario were laid out in 1784, populated with decommissioned soldiers and their families."Upper Canada" became a political entity on 26 December 1791 with the Parliament of Great Britain's passage of the Constitutional Act of 1791. The act divided the Province of Quebec into Upper and Lower Canada, but did not yet specify official borders for Upper Canada; the division was effected so that Loyalist American settlers and British immigrants in Upper Canada could have English laws and institutions, the French-speaking population of Lower Canada could maintain French civil law and the Catholic religion.
The first lieutenant-governor was John Graves Simcoe. The 1795 Jay Treaty set the borders between British North America and the United States north to the Great Lakes and St. Lawrence River. On 1 February 1796, the capital of Upper Canada was moved from Newark to York, judged to be less vulnerable to attack by the Americans; the Act of Union 1840, passed 23 July 1840 by the British Parliament and proclaimed by the Crown on 10 February 1841, merged Upper Canada with Lower Canada to form the short-lived United Province of Canada. Upper Canada's constitution was said to be "the image and transcript" of the British constitution, based on the principle of "mixed monarchy" – a balance of monarchy and democracy; the Executive arm of government in the colony consisted of a lieutenant-governor, his executive council, the Officers of the Crown: the Adjutant General of the Militia, the Attorney General, the Auditor General of Land Patents for Upper Canada, the Auditor General, Crown Lands Office, Indian Office, Inspector General, Kings' Printer, Provincial Secretary & Registrar's Office, Receiver General of Upper Canada, Solicitor General, & Surveyor General.
Armstrong, pp. 8–12 The Executive Council of Upper Canada had a similar function to the Cabinet in England but was not responsible to the Legislative Assembly. They held a consultative position, ho
The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. Lincoln's Inn is recognised to be one of the world's most prestigious professional bodies of judges and lawyers. Lincoln's Inn is situated in Holborn, in the London Borough of Camden, just on the border with the City of London and the City of Westminster, across the road from London School of Economics and Political Science, Royal Courts of Justice and King's College London's Maughan Library; the nearest tube station is Chancery Lane. Lincoln's Inn is the largest Inn, it is believed to be named after 3rd Earl of Lincoln. During the 12th and early 13th centuries, the law was taught in the City of London by the clergy. Two events happened which ended this form of legal education: firstly, a papal bull in 1218 that prohibited the clergy from teaching the common law, rather than canon law; the secular lawyers migrated to the hamlet of Holborn, near to the law courts at Westminster Hall and outside the City.
As with the other Inns of Court, the precise date of founding of Lincoln's Inn is unknown. The Inn can claim the oldest records – its "black books" documenting the minutes of the governing Council go back to 1422, the earliest entries show that the Inn was at that point an organised and disciplined body; the third Earl of Lincoln had encouraged lawyers to move to Holborn, they moved to Thavie's Inn, one of the Inns of Chancery expanding into Furnival's Inn as well. It is felt that Lincoln's Inn became a formally organised Inn of Court soon after the Earl's death in 1310. At some point before 1422, the greater part of "Lincoln's Inn", as they had become known, after the Earl, moved to the estate of Ralph Neville, the Bishop of Chichester, near Chancery Lane, they retained Thavie's and Furnival's Inn, using them as "training houses" for young lawyers, purchased the properties in 1550 and 1547 respectively. In 1537, the land Lincoln's Inn sat on was sold by Bishop Richard Sampson to a Bencher named William Suliard, his son sold the land to Lincoln's Inn in 1580.
The Inn became formally organised as a place of legal education thanks to a decree in 1464, which required a Reader to give lectures to the law students there. During the 15th century, the Inn was not a prosperous one, the Benchers John Fortescue, are credited with fixing this situation. Lincoln's Inn had no constitution or fundamental form of governance, legislation was divided into two types. A third method used was to have individual Fellows promise to fulfill a certain duty; the increase of the size of the Inn led to a loss of its democratic nature, first in 1494 when it was decided that only Benchers and Governors should have a voice in calling people to the Bar and, by the end of the sixteenth century, Benchers were entirely in control. Admissions were recorded in the black books and divided into two categories: Clerks who were admitted to Clerks' Commons. All entrants swore the same oath regardless of category, some Fellows were permitted to dine in Clerks' Commons as it cost less, making it difficult for academics to sometimes distinguish between the two – Walker, the editor of the Black Books, maintains that the two categories were one and the same.
During the 15th century, the Fellows began to be called Masters, the gap between Masters and Clerks grew, with an order in 1505 that no Master was to be found in Clerks' Commons unless studying a point of law there. By 1466, the Fellows were divided into Benchers, those "at the Bar", those "not at the Bar". By 1502, the extra barram Fellows were being referred to as "inner barristers", in contrast to the "utter" or "outer" barristers. In Lord Mansfield's time, there was no formal legal education, the only requirement for a person to be called to the Bar was for him to have eaten five dinners a term at Lincoln's Inn, to have read the first sentence of a paper prepared for him by the steward. A Bencher, Benchsitter or Master of the Bench is a member of the Council, the governing body of the Honourable Society of Lincoln's Inn; the term referred to one who sat on the benches in the main hall of the Inn, which were used for dining and during moots, the term had no significance. In Lincoln's Inn, the idea of a Bencher was believed to have begun far earlier than elsewhere.
William Holdsworth and the editor of the Black Books both concluded that Benchers were, from the earliest times, the governors of the Inn, unlike other Inns who started with Readers. A. W. B. Simpson, writing at a date, decided based on the Black Books that the Benchers were not the original governing body, that the Inn was instead ruled by Governors, sometimes called Rulers, who led the Inn; the Governors were elected to serve a year-long term, with between four and six sitting at any one time. The first record of Benchers comes from 1478, when John Glynne was expelled from the Society for using "presumptious and unsuitable words" in front
The Province of Lower Canada was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence. It covered the southern portion of the current-day Province of Quebec and the Labrador region of the modern-day Province of Newfoundland and Labrador. Lower Canada consisted of part of the former colony of Canada of New France, conquered by Great Britain in the Seven Years' War ending in 1763 Other parts of New France conquered by Britain became the Colonies of Nova Scotia, New Brunswick, Prince Edward Island; the Province of Lower Canada was created by the "Constitutional Act of 1791" from the partition of the British colony of the Province of Quebec into the Province of Lower Canada and the Province of Upper Canada. The prefix "lower" in its name refers to its geographic position farther downriver from the headwaters of the St. Lawrence River than its contemporary Upper Canada, present-day southern Ontario; the colony/province was abolished in 1841 when it and adjacent Upper Canada were united into the Province of Canada.
Like Upper Canada, there was significant political unrest. Twenty-two years after the invasion by the Americans in the War of 1812, a rebellion now challenged the British rule of the predominantly French population. After the Patriote Rebellion in the Rebellions of 1837–38 were crushed by the British Army and Loyal volunteers, the "1791 Constitution" was suspended on 27 March 1838 and a special council was appointed to administer the colony. An abortive attempt by revolutionary Robert Nelson to declare a Republic of Lower Canada was thwarted; the provinces of Lower Canada and Upper Canada were combined as the United Province of Canada in 1841, when The Union Act of 1840 came into force. Their separate legislatures were combined into a single parliament with equal representation for both constituent parts though Lower Canada had a greater population; the Province of Lower Canada inherited the mixed set of French and English institutions that existed in the Province of Quebec during the 1763–91 period and which continued to exist in Canada-East and in the current Province of Quebec.
Lower Canada was populated by Canadiens, an ethnic group who trace their ancestry to French colonists who settled in Canada from the 17th century onward. Traveling around Lower Canada was made by water along the St. Lawrence River. On land the only main route was the Chemin du Roy or King's Highway, built in the 1730s by New France; the King's Highway remained as an alternate means of travel until the challenge of steamboats and trains on land began to challenge the royal road. Challenged by boats and trains, the royal road's importance waned after the 1850s and would not re-emerge as a key means of transportation until the modern highway system of Quebec was created in the 20th century; the Canadas Upper Canada French colonial empire French and Indian War Province of Quebec Former colonies and territories in Canada Canada East, period after the Act of Union List of lieutenant governors of Quebec Ottawa River timber trade Timeline of Quebec history National Patriots' Day Republic of Lower Canada Robert Christie.
A History of the Late Province of Lower Canada, Quebec City: T. Cary/R. Montreal: Worthington, 1848–1855 François-Xavier Garneau. History of Canada: from the time of its discovery till the union year, Montreal: J. Lovell, 1860 Media related to Lower Canada at Wikimedia Commons The dictionary definition of Lower Canada at Wiktionary Lower Canada from The Canadian Encyclopedia Lower Canada - Encyclopædia Britannica Gouvernors of Lower Canada - Histoire du Québec Lower Canada - Library and Archives Canada Lower Canada - Quebec Parliament library
A duel is an arranged engagement in combat between two people, with matched weapons, in accordance with agreed-upon rules. Duels in this form were chiefly practiced in early modern Europe with precedents in the medieval code of chivalry, continued into the modern period among military officers. During the 17th and 18th centuries, duels were fought with swords, but beginning in the late 18th century in England, duels were more fought using pistols. Fencing and pistol duels continued to co-exist throughout the 19th century; the duel was based on a code of honor. Duels were fought not so much to kill the opponent as to gain "satisfaction", that is, to restore one's honor by demonstrating a willingness to risk one's life for it, as such the tradition of dueling was reserved for the male members of nobility. On occasion, duels with pistols or swords were fought between women. Legislation against dueling goes back to the medieval period; the Fourth Council of the Lateran outlawed duels, civil legislation in the Holy Roman Empire against dueling was passed in the wake of the Thirty Years' War.
From the early 17th century, duels became illegal in the countries. Dueling fell out of favor in England by the mid-19th century and in Continental Europe by the turn of the 20th century. Dueling declined in the Eastern United States in the 19th century and by the time the American Civil War broke out, dueling had begun to wane in the South. Public opinion, not legislation, caused the change. In Western society, the formal concept of a duel developed out of the medieval judicial duel and older pre-Christian practices such as the Viking Age holmgang. In Medieval society, judicial duels were fought by squires to end various disputes. Countries like Germany, United Kingdom, Ireland practiced this tradition. Judicial combat took two forms in the feat of arms and chivalric combat; the feat of arms was supervised by a judge. The battle was fought as a result of a slight or challenge to one party's honor which could not be resolved by a court. Weapons were standardized and typical of a knight's armoury, for example longswords, polearms etc. however, weapon quality and augmentations were at the discretion of the knight, for example, a spiked hand guard or an extra grip for half-swording.
The parties involved would wear their own armour. The duel lasted. In early cases, the defeated party was executed; this type of duel soon evolved into the more chivalric pas d'armes, or "passage of arms", a chivalric hastilude that evolved in the late 14th century and remained popular through the 15th century. A knight or group of knights would stake out a travelled spot, such as a bridge or city gate, let it be known that any other knight who wished to pass must first fight, or be disgraced. If a traveling venans did not have weapons or horse to meet the challenge, one might be provided, if the venans chose not to fight, he would leave his spurs behind as a sign of humiliation. If a lady passed unescorted, she would leave behind a glove or scarf, to be rescued and returned to her by a future knight who passed that way; the Roman Catholic Church was critical of dueling throughout medieval history, frowning both on the traditions of judicial combat and on the duel on points of honor among the nobility.
Judicial duels were deprecated by the Lateran Council of 1215, but the judicial duel persisted in the Holy Roman Empire into the 15th century. The word duel comes from the Latin'duellum', cognate with'bellum', meaning'war'. During the early Renaissance, dueling established the status of a respectable gentleman and was an accepted manner to resolve disputes; the first published code duello, or "code of dueling", appeared in Renaissance Italy. The first formalized national code was France's, during the Renaissance. In 1777, a code of practice was drawn up for the regulation of duels, at the Summer assizes in the town of Clonmel, County Tipperary, Ireland. A copy of the code, known as'The twenty-six commandments', was to be kept in a gentleman's pistol case for reference should a dispute arise regarding procedure. However, the tradition had become rooted in European culture as a prerogative of the aristocracy, these attempts failed. For example, King Louis XIII of France outlawed dueling in 1626, a law which remained in force for afterwards, his successor Louis XIV intensified efforts to wipe out the duel.
Despite these efforts, dueling continued unabated, it is estimated that between 1685 and 1716, French officers fought 10,000 duels, leading to over 400 deaths. By the late 18th century, Enlightenment era values began to influence society with new self-conscious ideas about politeness, civil behaviour and new attitudes towards violence; the cultivated art of politeness demanded that there should be no outward displays of anger or violence, the concept of honor became more personalized. By the 1770s the practice of dueling was coming under attack from many sections of enlightened society, as a violent relic of Europe's medieval past unsuited for modern life; as England began to industrialize and benefit from urban planning and more effective police forces, the culture of street violence in general began to wane. The growing middle class maintained their reputation with recourse to either bringing charges of libel, or to the fast-growing print media of t