16-721: Charles Talbot may refer to: Charles Talbot, 1st Baron Talbot (1685–1737), British lawyer and politician Charles Talbot, 1st Duke of Shrewsbury (1660–1718), English statesman Charles Talbot Foxcroft (1868–1929), British Conservative Party politician Charles Talbot (Royal Navy officer) (1801–1876), British admiral Charles Talbot (priest) (1769–1823), English churchman Charles John Talbot (1873–1942), Liberal Party Member of Parliament in New Zealand Sir Charles Talbot, 2nd Baronet (1751–1812), British politician [REDACTED] Topics referred to by
32-453: A descendant of the 1st Earl of Shrewsbury , and Catherine King. 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
48-529: A judgment of a court. Despite this, the opinion was frequently cited by those who argued that Black slaves could be viewed as chattel under common law, despite its lack of support from precedent. Yorke and Talbot opined that under English law: They summarised the following: We are of opinion, that a slave coming from the West-Indies to Great-Britain or Ireland, with or without his master, doth not become free, and that his master's property or right in him
64-402: 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, whatever the position of slaves in
80-705: A slave in England in Somersett's case on application for habeas corpus made on behalf of the escaped slave, James Somersett . Yet mindful of Hardwicke's holding in Pearne v Lisle that English law would apply throughout the British Empire, and conscious of the economic ruin which the sudden abolition of slavery would cause in the colonies, Mansfield limited his ruling territorially. Ultimately slavery would be abolished by statute in both England and throughout
96-471: A slave to breathe in." Nor did it refer to the two decisions of Lord Holt ( Chamberlain v Harvey and Smith v Gould ) which led to so much of the controversy. Yorke subsequently endorsed the views expressed in the opinion (although not expressly referring to it) whilst sitting in his judicial capacity as Lord Chancellor in Pearne v Lisle (1749) Amb 75, 27 ER 47. However, in 1772, Lord Mansfield held that no person could be forcibly removed from England as
112-409: Is different from Wikidata All article disambiguation pages All disambiguation pages Charles Talbot, 1st Baron Talbot Charles Talbot, 1st Baron Talbot , PC (1685 – 14 February 1737) was a British lawyer and politician. He was Lord High Chancellor of Great Britain from 1733 to 1737. Talbot was the eldest son of Rt. Rev. William Talbot , Bishop of Durham ,
128-407: Is not thereby determined or varied; and that baptism doth not bestow freedom on him, or make any alteration in his temporal condition in these kingdoms. We are also of opinion, that his master may legally compel him to return again to the plantations. The opinion cited no authorities, and set out no legal rationale for the views expressed in it, but it was widely published and relied upon. The opinion
144-530: The King and Queen enquired after his health every day, Talbot died on 14 February 1737 at his home in Lincoln's Inn Fields . He was succeeded in the title by his second son, William (1710–1782). Yorke%E2%80%93Talbot 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 . The opinion
160-607: The colonies, a slave in England could not be restrained against his will. The opinion was written by Sir Philip Yorke (then the Attorney General ) and Charles Talbot (then the Solicitor General ), each of whom would later rise to the rank of Lord Chancellor as Lord Hardwicke and Lord Talbot respectively. They wrote the opinion in their capacity as law officers of the Crown, and so was only an opinion and not
176-407: The same term This disambiguation page lists articles about people with the same name. If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Charles_Talbot&oldid=833470997 " Category : Human name disambiguation pages Hidden categories: Short description
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#1732798486282192-563: Was Upton 's edition of Epictetus . The title he assumed derived from the Hensol estate in Pendoylan , Glamorgan , which came to him through his wife. Talbot is remembered as one of the authors of the Yorke–Talbot slavery opinion , as a crown law officer in 1729. The opinion was sought to determinate the legality of slavery: Talbot and Philip Yorke opined that it was legal. The opinion
208-502: Was largely accepted in England as a definitive statement of the law for nearly 40 years. Curiously, the opinion made no reference either to the abolition of trade in serfs of 1102 by the Council of Westminster , or to the decision in In the matter of Cartwright , 11 Elizabeth; 2 Rushworth's Coll 468 (1569), a case often cited as authority for the statement "that England has too pure an air for
224-647: 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 acted as tutor; Joseph Butler dedicated his famous Analogy to Talbot, as
240-528: Was relied upon widely before the decision of Lord Mansfield in Somersett's Case . Talbot married, in the summer of 1708, Cecil Mathew (d. 1720), daughter of Charles Mathew of Castell y Mynach, Glamorganshire , and granddaughter and heiress of David Jenkins of Hensol. There he built a mansion in the Tudor style, known as the Castle. They had five sons, of whom three survived him: After an illness during which
256-556: 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
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