A barrister is a type of lawyer in common law jurisdictions. Barristers specialise in courtroom advocacy and litigation, their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy and history of law, giving expert legal opinions. Barristers are recognised as legal scholars. Barristers are distinguished from solicitors, who have more direct access to clients, may do transactional-type legal work, it is barristers who are appointed as judges, they are hired by clients directly. In some legal systems, including those of Scotland, South Africa, Pakistan, India and the British Crown dependencies of Jersey and the Isle of Man, the word barrister is regarded as an honorific title. In a few jurisdictions, barristers are forbidden from "conducting" litigation, can only act on the instructions of a solicitor, who performs tasks such as corresponding with parties and the court, drafting court documents. In England and Wales, barristers may seek authorisation from the Bar Standards Board to conduct litigation.
This allows a barrister to practise in a'dual capacity', fulfilling the role of both barrister and solicitor. In some countries with common law legal systems, such as New Zealand and some regions of Australia, lawyers are entitled to practise both as barristers and solicitors, but it remains a separate system of qualification to practise as a barrister. A barrister, who can be considered as a jurist, is a lawyer who represents a litigant as advocate before a court of appropriate jurisdiction. A barrister presents the case before a judge or jury. In some jurisdictions, a barrister receives additional training in evidence law and court practice and procedure. In contrast, a solicitor meets with clients, does preparatory and administrative work and provides legal advice. In this role, he or she may draft and review legal documents, interact with the client as necessary, prepare evidence, manage the day-to-day administration of a lawsuit. A solicitor can provide a crucial support role to a barrister when in court, such as managing large volumes of documents in the case or negotiating a settlement outside the courtroom while the trial continues inside.
There are other essential differences. A barrister will have rights of audience in the higher courts, whereas other legal professionals will have more limited access, or will need to acquire additional qualifications to have such access; as in common law countries in which there is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts. Barristers have particular knowledge of case law and the skills to "build" a case; when a solicitor in general practice is confronted with an unusual point of law, they may seek the "opinion of counsel" on the issue. In most countries, barristers operate as sole practitioners, are prohibited from forming partnerships or from working as a barrister as part of a corporation. However, barristers band together into "chambers" to share clerks and operating expenses; some chambers grow to be large and sophisticated, have a distinctly corporate feel. In some jurisdictions, they may be employed by firms of solicitors, banks, or corporations as in-house legal advisers.
In contrast and attorneys work directly with the clients and are responsible for engaging a barrister with the appropriate expertise for the case. Barristers have little or no direct contact with their'lay clients' without the presence or involvement of the solicitor. All correspondence, invoices, so on, will be addressed to the solicitor, responsible for the barrister's fees. In court, barristers are visibly distinguished from solicitors by their apparel. For example, in Ireland and Wales, a barrister wears a horsehair wig, stiff collar, a gown. Since January 2008, solicitor advocates have been entitled to wear wigs, but wear different gowns. In many countries the traditional divisions between barristers and solicitors are breaking down. Barristers once enjoyed a monopoly on appearances before the higher courts, but in Great Britain this has now been abolished, solicitor advocates can appear for clients at trial. Firms of solicitors are keeping the most advanced advisory and litigation work in-house for economic and client relationship reasons.
The prohibition on barristers taking instructions directly from the public has been abolished. But, in practice, direct instruction is still a rarity in most jurisdictions because barristers with narrow specializations, or who are only trained for advocacy, are not prepared to provide general advice to members of the public. Barristers have had a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, still the case. In other areas, it is common for the barrister to receive the brief from the instructing solicitor to represent a client at trial only a day or two before the proceeding. Part of the reason for this is cost. A barrister is entitled to a'brief fee' when a brief is delivered, this represents the bulk of her/his fee in relation to any trial, they are usually entitled to a'refresher' for each day of the trial after the first. But if a case is settled before the trial, the barrister is not needed and the brief fee would be wast
Edward Littleton, 1st Baron Lyttelton
Edward Littleton, 1st Baron Lyttleton, from Munslow in Shropshire, was a Chief Justice of North Wales. He was descended from Thomas de Littleton, his father Edward, had been Chief Justice of North Wales before him. He was educated at Oxford before becoming a lawyer. In 1614 he became an MP for Shropshire in the Addled Parliament. In 1625 he was again returned to Parliament for Caernarfon borough. In 1628 he was chairman of the Committee of Grievances upon whose report the Petition of Right was based; as a member of the party opposed to the arbitrary measures of Charles I, Littleton had shown more moderation than some of his colleagues, in 1634, three years after he had been chosen Recorder of London, the king attached him to his own side by appointing him Solicitor General. In the famous case about ship money, Sir Edward argued against John Hampden. In 1640, he was made Chief Justice of the Common Pleas. In 1641, when the previous keeper, John Finch, fled into exile, Littleton was appointed Lord Keeper of the Great Seal.
He was raised to the Peerage as Baron Lyttelton. As the Lord Keeper Littleton had begun to display a certain amount of indifference to the royal cause. In January 1642, he refused to put the Great Seal to the proclamation for the arrest of five members and he incurred the displeasure of Charles by voting for the Militia ordinance. However, he assured his friend Edward Hyde, afterwards Earl of Clarendon, that he had only taken this step to allay the suspicions of the parliamentary party who contemplated depriving him of the seal, he undertook to send this to the King, he fulfilled his promise, in May 1642, he himself joined Charles at York, but it was some time before he regained the favour of the king and the custody of the seal. Littleton died at Oxford on 27 August 1645, his only daughter, married her cousin, Sir Thomas Littleton, 2nd Baronet. Their son, Sir Thomas Littleton, was Speaker of the House of Commons from 1698 to 1700, Treasurer of the Navy from 1700 to 1710. Christopher W. Brooks, ‘Littleton, Baron Littleton ’, Oxford Dictionary of National Biography, Oxford University Press, Sept 2004.
"Littleton, Baron". Encyclopædia Britannica. 17. Cambridge University Press. P. 793. "Littleton, Edward". Dictionary of National Biography. 33. 1893. P. 36. John Campbell Campbell, Lives of the Lord Chancellors and Keepers of the Great Seal of England: From the Earliest Times Till the Reign of King George IV, John Murray, 1857 pp. 273–300
Cabinet of the United Kingdom
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government of the United Kingdom, composed of the Prime Minister and 21 cabinet ministers, the most senior of the government ministers. Ministers of the Crown, Cabinet ministers, are selected from the elected members of House of Commons, from the House of Lords, by the Prime Minister. Cabinet ministers are heads of government departments with the office of "Secretary of State for "; however some cabinet ministers can be ministers without portfolio, either directly as such or by holding sinecure posts such as Lord Privy Seal, or otherwise empty titles such as First Secretary of State. Certain other cabinet ministers are in a somewhat hybrid position, where they have a portfolio, but do not head a government department. Whilst the most powerful and/or prestigious members of the Cabinet head critical ministries such as the Foreign Office, ministers without portfolio can be important components, for example Michael Heseltine as Deputy Prime Minister in the Second Major ministry.
By far the most powerful Cabinet Minister, the Prime Minister, heads no department, though the Prime Minister's Office co-ordinates their oversight of the whole government. The collective co-ordinating function of the Cabinet is reinforced by the statutory position that all the Secretaries of State jointly hold the same office, can exercise the same powers; this does not, apply to the non-secretaries of state in the Cabinet such as the Leader of the House of Commons. Technically, the Cabinet is composed of many more people than legal offices, since the Secretary of Stateship is in commission, as is the position of Lord High Treasurer, with the Prime Minister and Chancellor being the First and Second Lords of the Treasury respectively; the Cabinet is the ultimate decision-making body of the executive within the Westminster system of government in traditional constitutional theory. This interpretation was put across in the work of nineteenth century constitutionalists such as Walter Bagehot, who described the Cabinet as the "efficient secret" of the British political system in his book The English Constitution.
The political and decision-making authority of the cabinet has been reduced over the last several decades, with some claiming its role has been usurped by a "prime ministerial" government. In the modern political era, the Prime Minister releases information concerning Cabinet rank; the Cabinet is the executive committee of Her Majesty's Privy Council, a body which has legislative and executive functions, whose large membership includes members of the Opposition. Its decisions are implemented either under the existing powers of individual government departments, or by Orders in Council; until at least the 16th century, individual Officers of State had separate property and responsibilities granted with their separate offices by Royal Command, the Crown and the Privy Council constituted the only co-ordinating authorities. In England, phrases such as "cabinet counsel", meaning advice given in private, in a cabinet in the sense of a small room, to the monarch, occur from the late 16th century, given the non-standardised spelling of the day, it is hard to distinguish whether "council" or "counsel" is meant.
The OED credits Francis Bacon in his Essays with the first use of "Cabinet council", where it is described as a foreign habit, of which he disapproves: "For which inconveniences, the doctrine of Italy, practice of France, in some kings’ times, hath introduced cabinet counsels. Charles I began a formal "Cabinet Council" from his accession in 1625, as his Privy Council, or "private council", the first recorded use of "cabinet" by itself for such a body comes from 1644, is again hostile and associates the term with dubious foreign practices. There were ministries in England led by the chief minister, a personage leading the English government for the Monarch. Despite primary accountability to the Monarch, these ministries, having a group of ministers running the country, served as a predecessor of the modern perspective of cabinet. After the ministry of James Stanhope, 1st Earl Stanhope and Charles Spencer, 3rd Earl of Sunderland collapsed Sir Robert Walpole rose to power as First Lord of the Treasury.
Since the reign of King George I the Cabinet has been the principal executive group of British government. Both he and George II made use of the system, as both were not native English speakers, unfamiliar with British politics, thus relied on selected groups of advisers; the term "minister" came into being since the royal officers "ministered" to the sovereign. The name and institution have been adopted by most English-speaking countries, the Council of Ministers or similar bodies of other countries are informally referred to as cabinets; the modern Cabinet system was set up by Prime Minister David Lloyd George during his premiership, 1916–1922, with a Cabinet Office and Secretariat, committee structures, unpublished minutes, a clearer relationship with departmental Cabinet ministers. The formal procedures and proceedings of the Cabinet remain unpublished; this development grew out of the exigencies of the First World War, where faster and better co-ordinated decisions across Government were seen as a crucial part of the war effort
Monarchy of the United Kingdom
The monarchy of the United Kingdom referred to as the British monarchy, is the constitutional monarchy of the United Kingdom, its dependencies and its overseas territories. The current monarch and head of state is Queen Elizabeth II, who ascended the throne in 1952; the monarch and their immediate family undertake various official, ceremonial and representational duties. As the monarchy is constitutional, the monarch is limited to non-partisan functions such as bestowing honours and appointing the Prime Minister; the monarch is commander-in-chief of the British Armed Forces. Though the ultimate executive authority over the government is still formally by and through the monarch's royal prerogative, these powers may only be used according to laws enacted in Parliament and, in practice, within the constraints of convention and precedent; the British monarchy traces its origins from the petty kingdoms of early medieval Scotland and Anglo-Saxon England, which consolidated into the kingdoms of England and Scotland by the 10th century.
England was conquered by the Normans in 1066, after which Wales too came under control of Anglo-Normans. The process was completed in the 13th century when the Principality of Wales became a client state of the English kingdom. Meanwhile, Magna Carta began a process of reducing the English monarch's political powers. From 1603, the English and Scottish kingdoms were ruled by a single sovereign. From 1649 to 1660, the tradition of monarchy was broken by the republican Commonwealth of England, which followed the Wars of the Three Kingdoms; the Act of Settlement 1701 excluded Roman Catholics, or those who married them, from succession to the English throne. In 1707, the kingdoms of England and Scotland were merged to create the Kingdom of Great Britain, in 1801, the Kingdom of Ireland joined to create the United Kingdom of Great Britain and Ireland; the British monarch was the nominal head of the vast British Empire, which covered a quarter of the world's surface at its greatest extent in 1921. In the early 1920s the Balfour Declaration recognised the evolution of the Dominions of the Empire into separate, self-governing countries within a Commonwealth of Nations.
After the Second World War, the vast majority of British colonies and territories became independent bringing the Empire to an end. George VI and his successor, Elizabeth II, adopted the title Head of the Commonwealth as a symbol of the free association of its independent member states; the United Kingdom and fifteen other independent sovereign states that share the same person as their monarch are called Commonwealth realms. Although the monarch is shared, each country is sovereign and independent of the others, the monarch has a different and official national title and style for each realm. In the uncodified Constitution of the United Kingdom, the monarch is the head of state; the Queen's image is used to signify British sovereignty and government authority—her profile, for instance, appearing on currency, her portrait in government buildings. The sovereign is further both mentioned in and the subject of songs, loyal toasts, salutes. "God Save the Queen" is the British national anthem. Oaths of allegiance are made to her lawful successors.
The monarch takes little direct part in government. The decisions to exercise sovereign powers are delegated from the monarch, either by statute or by convention, to ministers or officers of the Crown, or other public bodies, exclusive of the monarch personally, thus the acts of state done in the name of the Crown, such as Crown Appointments if performed by the monarch, such as the Queen's Speech and the State Opening of Parliament, depend upon decisions made elsewhere: Legislative power is exercised by the Queen-in-Parliament, by and with the advice and consent of Parliament, the House of Lords and the House of Commons. Executive power is exercised by Her Majesty's Government, which comprises ministers the prime minister and the Cabinet, technically a committee of the Privy Council, they have the direction of the Armed Forces of the Crown, the Civil Service and other Crown Servants such as the Diplomatic and Secret Services. Judicial power is vested in the various judiciaries of the United Kingdom, who by constitution and statute have judicial independence of the Government.
The Church of England, of which the monarch is the head, has its own legislative and executive structures. Powers independent of government are granted to other public bodies by statute or Statutory Instrument such as an Order in Council, Royal Commission or otherwise; the sovereign's role as a constitutional monarch is limited to non-partisan functions, such as granting honours. This role has been recognised since the 19th century; the constitutional writer Walter Bagehot identified the monarchy in 1867 as the "dignified part" rather than the "efficient part" of government. Whenever necessary, the monarch is responsible for appointing a new prime minister. In accordance with unwritten constitutional conventions, the sovereign must appoint an individual who commands the support of the House of Commons the leader of the party or coalition that has a majority in that House; the prime minister takes office by attending the monarch in private audience, after "kissing hands" that appointment is effective without any other f
Edward Turnour (speaker)
Sir Edward Turnor or Turnour was a Speaker of the House of Commons of England. Edward Turnor was son of Arthur Turnor of Essex. Passing from John Roysse's Free School in Abingdon in 1632 to Queen's College, Oxford, he became a barrister, called at Middle Temple, member of parliament in turn for Essex and Hertford. It was, he was knighted in. According to Geoffrey Robertson, a "Sir Edward Turner" was a "Counsel for the Victim" in the 1660 regicide trials. Evidence supporting the argument that Robertson misspelt "Turnour" as "Turner" includes the entry for Sir Edward Turnour provided in "The judges of England, from the time of the Conquest" by Edward Foss. Turnor was one of the judges appointed under the Fire of London Disputes Act 1666 to deal with property disputes arising as a result of the Great Fire of London, he was buried at Little Parndon. His son Edward was MP for Suffolk. List of Old Abingdonians
Francis Winnington (Solicitor-General)
Sir Francis Winnington was an English lawyer and politician who sat in the House of Commons at various times between 1677 and 1698. He became Solicitor-General to King Charles II. Winnington entered the Middle Temple in 1656 and was called to the bar in 1660 and rose serving as counsel in various Parliamentary impeachments. In January 1672, he became attorney-general to the king's brother, the Duke of York and was knighted on 16 December 1672, he was appointed as Solicitor General in 1675 and chosen as MP for Windsor at a by-election to the Cavalier Parliament in 1677 on the King's recommendation. During the hysteria of the Popish Plot, Winnington's allegiances changed, he participated in impeaching the Lord Danby; this led to his dismissal as Solicitor General. However he was elected as MP for Worcester in 1679 and again in 1681. While Parliament was not sitting, he defended political allies in the court and the city he represented when its corporation was attacked by Quo warranto proceedings, as well as Oxford.
His legal services remained in demand in the reign of James II of England. He was elected as MP for Tewkesbury in 1689, 1692 and 1695, though he had not sought the seat. Winnington married first Elizabeth Herbert of Powick, he had a daughter Elizabeth who married in 1676 Richard Dowdeswell of Bushbury MP, his colleague in the representation of Tewkesbury. Winnington second and last marriage was to Elizabeth, daughter of Edward Salwey and third and youngest sister and coheir of Edward Salwey, who brought him Stanford Court at Stanford-on-Teme, Worcestershire to add to property he had bought there with his considerable earnings, they had four sons and three daughters, including Salwey Winnington, Francis Winnington and Edward Winnington Jeffreys. Halliday, Paul D.. "Winnington, Sir Francis". Oxford Dictionary of National Biography. Oxford University Press. Doi:10.1093/ref:odnb/29747. Naylor, Leonard. "Winnington, Sir Francis, of the Middle Temple and Stanford Court, Stanford-on-Teme, Worcs.". In Henning, B.
D. The History of Parliament: the House of Commons 1660-1690. Boydell and Brewer. Attribution This article incorporates text from a publication now in the public domain: Courtney, William Prideaux. "Winnington, Francis". In Lee, Sidney. Dictionary of National Biography. 62. London: Smith, Elder & Co. pp. 197–198
Richard Rich, 1st Baron Rich
Richard Rich, 1st Baron Rich, was Lord Chancellor during the reign of King Edward VI of England from 1547 until January 1552. He was the founder of Felsted School with its associated alms houses in Essex in 1564, he was a beneficiary of suppression of the monasteries, a persecutor and torturer of those opposed to the established Church of England. According to some sources, Rich was born in the London parish of St Lawrence Jewry, the second son of Richard Rich by Joan Dingley, but according to Carter, he was born at Basingstoke, the son of John Rich, of Penton Mewsey, a wife named Agnes whose surname is unknown. Early in 1551 he was described in an official document as'fifty-four years of age and more', was therefore born about 1496 or earlier. According to Sergeaunt: "The origin of the family of Lord Rich has been matter of some discussion... The first of the family of whom there is definite information was Richard Rich, a wealthy mercer of London and Sheriff of the City in 1441; the date of his death is given by Burke as 1469, but it would seem that he has been confounded with his son John, buried in the Mercer’s chapel in that year.
The family remained in the city, the son of John Rich was also a mercer. To him was born sometime between 1480 and 1490 a son whom he named Richard", he had a brother, granted a messuage in Bucklersbury by Henry VIII on 24 February 1539, who died in 1557. Little is known of his early life, he may have studied at Cambridge before 1516. In 1516 he entered the Middle Temple as a lawyer and at some point between 1520 and 1525 he was a reader at the New Inn. By 1528 we wrote to Cardinal Wolsey; as Audley's career advanced in the early 1530s so did Rich's through a variety of legal posts, before he became prominent in the mid-1530s. Other preferments followed, in 1533 he was knighted and became Solicitor General, in which capacity he was to act under Thomas Cromwell as a "lesser hammer" for the demolition of the monasteries, to secure the operation of Henry VIII's Act of Supremacy, he had a share in the trials of Bishop John Fisher. In both cases his evidence against the prisoner included admissions made in friendly conversation, in More's case the words were given a misconstruction that could hardly be other than wilful.
While on trial, More said that Rich was "always reputed light of his tongue, a great dicer and gamester, not of any commendable fame." Rich would play a major part in the fall of Cromwell. As King's Solicitor, Rich travelled to Kimbolton Castle in January 1536 to take the inventory of the goods of Catherine of Aragon, wrote to Henry advising how he might properly obtain her possessions. On 19 April 1536, Rich became the chancellor of the Court of Augmentations, established for the disposal of the monastic revenues, his own share of the spoil, acquired either by grant or purchase, included Leez Priory and about a hundred manors in Essex. Rich acquired—and destroyed—the real estate and holdings of the Priory of St Bartholomew-the-Great in Smithfield, he built the Tudor-style gatehouse still surviving in London as the upper portion of the Smithfield Gate. He was Speaker of the House of Commons in the same year, advocated the king's policy. In spite of the share he had taken in the suppression of the monasteries, the prosecution of Thomas More and Bishop Fisher and of the part he was to play under Edward VI and Elizabeth, his religious beliefs remained nominally Roman Catholic.
Rich was a participant in the torture of Anne Askew, the only woman to be tortured at the Tower of London. Both he and Chancellor Wriothesley turned the wheels of the rack to torture her with their own hands. Rich was an assistant executor of the will of King Henry VIII, received a grant of lands, he became Baron Rich of Leez on 26 February 1547. In the next month he succeeded Wriothesley as chancellor, he supported Protector Somerset in his reforms in church matters, in the prosecution of his brother Thomas Seymour, in the rest of his policy until the crisis of October 1549, when he deserted to Warwick. He resigned his office in January 1552. Rich took part in the prosecution of bishops Stephen Gardiner and Edmund Bonner, had a role in the harsh treatment accorded to the future Mary I of England. However, Mary on her accession showed no ill-will to Rich. Lord Rich took an active part in the restoration of the old religion in Essex under the new reign, was one of the most active of persecutors.
His reappearances in the privy council were rare during Mary's reign. He died at Rochford in Essex, on 12 June 1567, was buried in Felsted church. In Mary's reign he had founded a chaplaincy with provision for the singing of masses and dirges, the ringing of bells in Felsted church. To this was added a Lenten allowance of herrings to the inhabitants of three parishes; these donations were transferred in 1564 to the foundation of Felsted School for instruction for children born on the founder's manors, in Latin and divinity. The patronage of the school remained in the family of the founder until 1851. Rich's descendants were to form the powerful Rich family, lasting for three centuries, acquiring several titles in the Peerage of England and intermarrying with numerous other noble families. By his wife Elizabeth Jenks he had fifteen children; the eldest son Robert, second Baron Rich, supported the Reformation. One grandson, Ri