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Topic: Right of Magistrates

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Theodore Beza

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	Magistrate Information Pamplet
		If, after examination of these facts, magistrates are not reasonably sure that the accused will appear for trial, the magistrates, in their discretion, will require the execution of a bail bond with surety in a reasonable amount and may impose such other conditions deemed reasonably necessary to insure appearance at trial.
		Magistrates or judges may issue this order if they find reasonable grounds to believe that a person has committed an assault and battery or an act of family abuse against a family or household member and there is probable danger of further acts of family abuse.
		In this order, the magistrate may: prohibit the abuser from committing further acts of assault and battery; grant possession of the residence to the victim to the exclusion of the abuser; and prohibit all contact between the abuser and the victim.
	www.courts.state.va.us /mag/page1.htm (2007 words)

	Magistrates Georgetown County South Carolina (Site not responding. Last check: 2007-10-14)
		Magistrates, appointed by the Governor with the advice and consent of the Senate, serve four-year terms.
		Magistrate Courts have jurisdiction over all offenses where punishments do not exceed fines of $500 plus assessments and court costs or imprisonment of 30 days, or both.
		Magistrate Courts have jurisdiction of civil matters involving claims that are $7,500.00 or less.
	www.georgetowncountysc.org /magistrate (2863 words)

	Department for Constitutional Affairs - Speeches - Magistrates' Association Annual Conference
		Magistrates are a key and fundamental part of the judicial family.
		Magistrates, whether the leadership of this association or magistrates themselves working in their courts, on the crime frontline, are telling me what they need and what they want.
		It is vital that magistrates are seen to understand the concerns of the community in relation to crime and anti-social behaviour.
	www.dca.gov.uk /speeches/2004/lc261004.htm (3208 words)

	Magistrates' Courts - FAQs
		You should contact the Magistrates' Court nearest you for information regarding jurisdiction; the court staff will help you in determining which Magistrates' Court is the one in which you should file your case.
		Defendants in criminal proceedings have a right to a lawyer, and are entitled to have counsel appointed at government expense if they are financially unable to obtain adequate representation by private counsel.
		Personnel in the Magistrates' Courts are prohibited from referring you to an attorney.
	www3.charlestoncounty.org /docs/Magistrates/summfaq.htm (3062 words)

	Right to Rebel Against Governors; Boston, 1776
		As magistrates have no authority but what they derive from the people, whenever they act contrary to the public good, and pursue measures destructive of the peace and safety of the community, they forfeit their right to govern the people.
		I know it is said that the magistrates were, at the time when the apostle wrote, heathens, and that Nero, that monster of tyranny, was then Emperor of Rome; that therefore the apostle, by enjoining submission to the powers that then were, does require unlimited obedience to be yielded to the worst of tyrants.
		A people that have a right of choosing their magistrates are criminally guilty in the sight of Heaven when they are governed by caprice and humour, or are influenced by bribery to choose magistrates that are irreligious men, who are devoid of sentiment, and of bad morals and base lives.
	www.geocities.com /CapitolHill/7947/West.html (7618 words)

	Printer Friendly Format - News Shopper (Site not responding. Last check: 2007-10-14)
		This week, magistrates heard how police were tipped off to stop Huxley as he drove home from a social club near where he worked.
		Huxley, who appeared at Central Buckinghamshire Magistrates Court on Wednesday, admitted a charge of drink driving but had asked magistrates not to ban him, claiming that his drink had been spiked in a social club.
		Magistrates at Aylesbury were told he could now lose his business because of his driving ban.
	www.newsshopper.co.uk /misc/print.php?artid=553448 (552 words)

	Theodore Beza, The Right of Magistrates Over Their Subjects (1572)
		First the question is raised whether the magistrate is held to render account of all his laws to any man soever so as to offer proof that they be fair and in accordance with the precepts of religion.
		Even today various classes of magistrates of the kind are to be found in most Christian kingdoms, and among them should be counted those who are styled dukes, marquises, counts, viscounts, barons and squires as having formerly been chosen in due order and lawfully to certain public duties and tasks that they might perform them.
		Hence it follows that the authority of all magistrates, however supreme and powerful they are, is dependent upon the public authority of those who have raised them to this degree of dignity, and not contrariwise.
	www.constitution.org /cmt/beza/magistrates.htm (9136 words)

	CAAB in Court
		Harrogate Magistrates found that the alleged breach of bail conditions was 'not proved' (not proved because she was in MDPA custody at the time and had been dragged into the area within the bail conditions by PC Gary Hall - MDPA).
		The Magistrates made no comment as to the fact that Lindis had once again been spuriously arrested by the MDPA and that she had again had her liberty taken away and had spent the weekend in a police cell.
		She took the Magistrates through the long history of struggle concerning the challenges to the validity of the byelaws (second challenge by two women (Anne Lee and Helen John of the Womens campaign at MHS in 1997) and to bring the Ministry of Defence Police to account (refer to Byelaws history and update).
	cndyorks.gn.apc.org /caab/spress/courtnews.htm (10860 words)

	CATHOLIC ENCYCLOPEDIA: Right of Voluntary Association
		The principal instances of a necessary association are a conscript military body and civil society, or the State, the concept of voluntary association covers organizations as diverse as a manufacturing corporation and a religious sodality.
		The legal right of voluntary association--the attitude of civil authority toward bodies of this nature--has varied in different ages and still varies in different countries.
		The law of Austria empowers magistrates to forbid the formation of any association that either in aim or personnel seems contrary to law, and to dissolve any society that is no longer conducted in accordance with the legal conditions to which it is subject.
	www.newadvent.org /cathen/02001c.htm (2426 words)

	Magistrates Courts: 20 May 2003: House of Commons debates (TheyWorkForYou.com)
		Magistrates courts closures are a matter for local magistrates courts committees.
		It is right that magistrates courts committees should take decisions on the basis of a wide range of issues, including not only geographical access, but disability access, the availability of appropriate facilities for victims, and the state of the courtrooms.
		He is right that we have tabled an amendment to the Courts Bill to require consultation with magistrates.
	www.theyworkforyou.com /debates?id=2003-05-20.836.0 (894 words)

	Hoser was right! - Magistrates are corrupt : Melbourne Indymedia
		CHIEF Magistrate Di Fingleton believed a magistrate who was involved in the incidents that sparked criminal charges against her had been after her job, a court was told yesterday.
		In the tapes, recorded last November, Fingleton said she was upset at Gribbin mainly over his role in the Queensland Magistrates Association, which in October 2001 wrote to the Attorney-General asking that the Chief Magistrate's right to reprimand magistrates be rescinded.
		CHIEF Magistrate Di Fingleton deferred a meeting to discuss the role of a magistrates association a month before she had a heated row with its vice-president, a court was told yesterday.
	melbourne.indymedia.org /mail.php?id=48450 (3129 words)

	World Law: United Kingdom
		At present a defendant has the right to decide where he or she wishes to be tried for an either-way offence: the matter can only be tried in the Magistrates' Court if he or she consents to this.
		That said, senior judges have commented that the right is perceived by the public as fundamental and this should be enough to ensure its preservation.
		However, even at this, the right is not necessarily being taken away, it is just removing the right of a defendant to demand such a trial.
	jurist.law.pitt.edu /world/ukcor1.htm (1336 words)

	The Duchy of Lancaster - Palatinate Magistracy
		Responsiblity for the appointment of magistrates throughout England and Wales is now the responsibility of the Department for Constitutional Affairs, under the Lord Chancellor.
		The role of a magistrate (also known as Justice of the Peace or JP) is voluntary and unpaid, although some expenses may be refunded.
		Magistrates are required to sit for a minimum of 26 half-day sittings per year, and must be under the age of 65 to be considered for appointment.
	www.duchyoflancaster.org.uk /output/page43.asp (228 words)

	right of rebellion under the lesser magistrates - TheologyWeb Campus
		Government is limited, not only by the rights of the lonely individual, but by public and private associations with their own responsibilities and spheres of authority.
		While the individual himself has the right to self-defense, he never had the right to take the law into his own hands and punish evil with the sword.
		In Switzerland, the lesser magistrate was often the city fathers.
	www.theologyweb.com /forum/showthread.php?t=25104 (1496 words)

	The Reformation Roots of Social Contract (Site not responding. Last check: 2007-10-14)
		Calvinism "placed a solid barrier in the path of the spread of absolutism." Even though Holl admits that some precursors of human rights were found in the Middle Ages, the normalization of universal human rights did not arrive except as a consequence of the Reformation impetus.
		Beza’s The Right of Magistrates (1574) justified armed resistance led by intermediating magistrates against a king.
		One of the earliest systematic treatises of matters of state was George Buchanan’s The Rights of the Crown of Scotland.
	www.acton.org /publicat/randl/print_article.php?id=238 (1684 words)

	LibertyGuide.com - The Literature of Nonviolent Resistance and Civilian-Based Defense (Site not responding. Last check: 2007-10-14)
		While Martin Luther and John Calvin denied the right of resistance in any form, their intellectual heirs -- especially Calvin's -- questioned the doctrine that all "powers that be are ordained of God" (Romans 13:1) and considered justifications for rebellion against political and religious persecution.
		Theodore Beza's "Right of Magistrates" (1574; "Constitutionalism and Resistance," 97-135) gave this historical critique a firmer theoretical background.
		The humanist thinker George Buchanan defended the right to resist tyranny not on partisan religious grounds but on the basis of social contract theory and Aristotle's politics.
	www.theihs.org /libertyguide/hsr/hsr.php/25.html (7640 words)

	FREEDOM IN JEOPARDY \| THE CASE AGAINST THE EU AND SUPRANATIONALISM
		The right to be left alone, emanating from if not synonymous with the right to liberty, is one of the most crucial freedoms in a free society.
		The final right of people to remove their government by force of arms is hardly possible when they have had their right to keep and bear arms removed from them.
		Those rights include the right to due process of law, the right to trial by jury, and the right to be presumed innocent until proven guilty.
	www.freedom-central.net /euandbritain.html (13953 words)

	Judges, magistrates, and other judicial workers
		Judges, magistrates, and magistrate judges held 27,000jobs in 2002, primarily in State and local government.
		Federal magistrate judges are appointed by district judges—the life-tenured Federal judges of a district court—to serve in a United States district court for a period of 8 years.
		Employment of judges and magistrates is expected to grow more slowly than the average through 2012.
	www.bls.gov /oco/ocos272.htm (2284 words)

	Report on Delivery to Women
		The right of cultural, religious and linguistic communities to enjoy their culture, use their language and practise their religion, and to form, join and maintain associations, as long as they are consistent with the Bill of Rights
		These Magistrates and Judges are, with the help of academics and other civil society experts, engaged in decentralized training on the Act in their provinces.
		It calls for the restoration of democracy and a government of national unity, where the rights of all citizens and the human rights of women are ensured.
	www.anc.org.za /ancdocs/reports/2004/delivery_to_women/chapter1.html (1751 words)

	afrol News - Most Burkinabe still lack right to strike
		The right to form trade unions is however recognised in law, with the exception of those in essential services.
		The rights given by the Burkinabe labour laws however looked very differently when applied in practice, the survey found.
		In Africa, in general, the lack of state control mechanisms and democracy had become more acute and was "further undermining the fundamental rights of the continent's citizens," according to a press release by spokesman Louis Belanger.
	www.afrol.com /articles/12868 (555 words)

	reformat.htm (Site not responding. Last check: 2007-10-14)
		When magistrates cease to do their duty, the people are as it were without magistrates.
		The acceptance of universal human rights into the constitution was, however, not just the modification of a single point; it included in itself the transformation of the whole concept of the state." John Calvin (1509-1564) is frequently credited with massive impact on political and economical matters in modern Europe.
		Reflecting a true grass-roots approach, the magistrate is reminded that the people are "prior in time and more worthy by nature than its magistrate, and has constituted him." Accordingly, "the people can exist without a magistrate, but a magistrate cannot exist without people.
	www.townhall.com /phillysoc/reformat.htm (5992 words)

	Algernon Sidney: Discourses Concerning Government — 2:6 (Site not responding. Last check: 2007-10-14)
		And those who are under such governments do no more assent to them, tho they may be silent, than a man approves of being robbed, when, without saying a word, he delivers his purse to a thief that he knows to be too strong for him.
		Nay, I may say, that the law given by God to his peculiar people, and the commands delivered by his servants in order to it, or the prosecution of it, had been contrary to his own eternal and universal law; which is impossible.
		And no nation being justly subject to any, but such as they set up, nor in any other manner than according to such laws as they ordain, the right of chusing and making those that are to govern them, must wholly depend upon their will.
	www.constitution.org /as/dcg_206.htm (851 words)

	The Independent (London, England): Call to strip magistrates of right to jail offenders.(News)@ HighBeam Research (Site not responding. Last check: 2007-10-14)
		PRISON GOVERNORS called for magistrates to be stripped of their powers to jail offenders yesterday as the prison population of England and Wales passed 70,000 for the first time in penal history.
		Mike Newell, president of the Prison Governors' Association accused magistrates of ignoring the many alternatives to sending offenders to prison and thereby contributing to the crisis in the jail system.
		He said: "Magistrates now have a wide range of community penalties available to them but they insist on imposing inappropriate prison sentences.
	www.highbeam.com /library/doc0.asp?docid=1G1:83415432&refid=ink_tptd_np (186 words)

	David Hume - Essays [Internet Encyclopedia of Philosophy] (Site not responding. Last check: 2007-10-14)
		Third, as a rule, laws enacted by a magistrate are friendlier to liberty than laws enacted through violence.
		These representatives then elect magistrates and senators from their county to be the whole executive power of the commonwealth in the capital.
		The senators elect magistrates to cover specific tasks, such as councils of religion and learning, of trade, and of laws.
	www.iep.utm.edu /h/humeessa.htm (6456 words)

	Right of Magistrates - Wikipedia, the free encyclopedia
		Wikimedia needs your help in its 21-day fund drive.
		Written by Theodore Beza in 1574 under the title "De jure magistratuum" (Right of Magistrates), it emphatically protested against British tyranny in religious matters, and affirmed that it is legitimate for a people to oppose an unworthy magistracy in a practical manner and if necessary to use weapons and depose them.
		This article about a non-fiction book is a stub.
	en.wikipedia.org /wiki/Right_of_Magistrates (115 words)

	Amazon.co.uk: Books: Blackstone's Handbook for Magistrates (Site not responding. Last check: 2007-10-14)
		This book provides the answers to queries about the nature of a magistrates courts; the kind of cases heard there; and the methods use to assess evidence, make decisions, grant or refuse bail and decide sentence.
		It also explains how the lay person is given the authority and competence to "do justice according to the law" in courts throughout the country.
		This book offers everything to the novice magistrate, as well as being a comprehensive account of the court system.
	www.amazon.co.uk /exec/obidos/ASIN/1854314564 (468 words)

	The Athenaeum - Viewing Jupiter, a mythical figure (Site not responding. Last check: 2007-10-14)
		The lesser deities, Dius Fidius and Fides, were probably originally identical with him, and only gained a separate existence in course of time by a process familiar to students of ancient religion.
		This connexion'with the conscience, with the sense of obligation and right dealing, was never quite lost throughout Roman history.
		Henceforward it was the centre of the religious life of the state, and symbolized its unity and strength.
	www.the-athenaeum.org /myth/display_f.php?id=4 (1055 words)

	Republics, Kings and People HR1147a
		As a preamble to engaging with the innovations of different theories of the state and political liberty, this session will explore some of the assumptions we all make about the language and vocabulary of human rights and liberty.
		At the end of last term we engaged with the cultural impact of Humanism on the nature of political theory.
		F.Hotman Francogallia 844 HOT, T.Beza The Right of Magistrates, Anon Vindica Contra Tyrannos in J.H. Franklin (ed) Constitutionalism and Resistance (1969) 321.8 CON.
	www.rhul.ac.uk /scolar/hs1147a/lectures-2.html (365 words)

	The Law West of Ealing Broadway: Apocrypha (1)
		The Magistrate's Blog - Musings and Snippets from an English Magistrate (Justice of the Peace).
		Enough facts are changed to preserve the truth of the tale but to disguise its exact source.
		This is a paragraph of text that could go in the sidebar.
	thelawwestofealingbroadway.blogspot.com /2005/01/apocrypha-1.html (178 words)

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