A History of Nova Scotia Page


Footnotes To
Book #3, The Road To Being Canada" (1815-1867)
Chapter 29, Riots, Oppressive Laws & Royal Scandal
TOC

FN1 Ch29 The habeas corpus is an order (to have the body) of a court of justice directed to the jailer or the Sheriff to bring a particular prisoner, being held without a previous court order, before a judge of the court so that inquiries might be made into the lawfulness of the restraint that deprives that person of his liberty. It is one of the long standing pillars of English law. Blackstone described it as "The great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ..." By the habeas corpus, the liberty of every Englishman was made as certain as law could make it.

FN2 Ch29 George Macaulay Trevelyan, Shortened History of England (Penguin, 1960), p. 189. See Shelly's poem, "The Mask of Anarchy"; and see Donald Read's work, Peterloo (Manchester University Press, 1958).

FN3 Ch29 The Birth of the Modern (New York: HarperCollins, 1991), p. 441.

FN4 Ch29 British History in the Nineteenth Century (London: Longmans, Green; 1924), pp. 190-1.

FN5 Ch29 See Trevelyan, British History in the Nineteenth Century, pp. 190-1. Thistlewood was one of a number, "who favored nationalization of land, a single tax, self-supporting communities run on socialist principles, and ideas beloved of radical dreamers, then and for long after." [Paul Johnson, The Birth of the Modern (New York: HarperCollins, 1991), p. 366.]

FN6 Ch29 Not only did Royal divorces require Parliamentary attention, but up to 1857 the only way to get a legally valid divorce, for anyone, was by a bill that had to pass through Parliament. In 1857 the courts were empowered to hear divorce petitions.

FN7 Ch29 Paul Johnson, The Birth of the Modern, pp. 526-540.

FN8 Ch29 British History in the Nineteenth Century, p. 192.

FN9 Ch29 Trevelyan, British History in the Nineteenth Century, p. 193.

FN10 Ch29 See Spater's short accounting of "queen's affair", William Cobbett (Cambridge University Press, 2 vols, 1982), vol. 2, p.398-408; also see G. M. Trevelyan, Lord Grey of the Reform Bill, at pp. 192-5.

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