Assize Of Northampton
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Assize Of Northampton
The Assize of Northampton, largely based on the Assize of Clarendon of 1166, is among a series of measures taken by King Henry II of England that solidified the rights of the knightly tenants and made all possession of land subject to and guaranteed by royal law. The assize is believed to have been passed at a council held in Northampton in January 1176. Clarendon extended The assize confirmed the offences to be brought forward by the jury of presentment according to Clarendon, and added arson and forgery to the list. It also set down new and severe punishments that could be handed down, including the removal of an offender's right hand. Aftermath of revolt Following as it did the Revolt of 1173–74, the Assizes included a wide-ranging oath of fealty (Item 6), as well as items concerning castles (8 and 11), insisting especially that "the justices see to it that the castles which have been destroyed are utterly demolished." Administrative reforms The assize is connected wit ...
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Assize Of Clarendon
The Assize of Clarendon was an act of Henry II of England in 1166 that began a transformation of English law and led to trial by jury in common law countries worldwide, and that established assize courts. Prior systems for deciding the winning party in a case, especially felonies, included trial by ordeal, trial by battle, or trial by compurgation (trial by oath), in which evidence, inspection, and inquiry was made under oath by laymen, knights or ordinary freemen. After the Assize of Clarendon trial by jury developed, though some historians say beginnings of the jury system predate this act. The Assize of Clarendon did not lead to this change immediately; recourse to trial by combat was not officially rescinded until 1819, though by then it had fallen out of use. The assize takes its name from Clarendon Palace, Wiltshire, the royal hunting lodge at which it was promulgated. Problems addressed by the assize In 1154, Henry II inherited the throne of a troubled England. In f ...
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Henry II Of England
Henry II (5 March 1133 – 6 July 1189), also known as Henry Curtmantle (french: link=no, Court-manteau), Henry FitzEmpress, or Henry Plantagenet, was King of England from 1154 until his death in 1189, and as such, was the first Angevin king of England. King Louis VII of France made him Duke of Normandy in 1150. Henry became Count of Anjou and Maine upon the death of his father, Count Geoffrey V, in 1151. His marriage in 1152 to Eleanor of Aquitaine, former spouse of Louis VII, made him Duke of Aquitaine. He became Count of Nantes by treaty in 1158. Before he was 40, he controlled England; large parts of Wales; the eastern half of Ireland; and the western half of France, an area that was later called the Angevin Empire. At various times, Henry also partially controlled Scotland and the Duchy of Brittany. Henry became politically involved by the age of 14 in the efforts of his mother Matilda, daughter of Henry I of England, to claim the English throne, then occupied b ...
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Northampton
Northampton () is a market town and civil parish in the East Midlands of England, on the River Nene, north-west of London and south-east of Birmingham. The county town of Northamptonshire, Northampton is one of the largest towns in England; it had a population of 212,100 in its previous local authority in the United Kingdom Census 2011, 2011 census (225,100 as of 2018 estimates). In its urban area, which includes Boughton, Northamptonshire, Boughton and Moulton, Northamptonshire, Moulton, it had a population of 215,963 as of 2011. Archaeological evidence of settlement in the area dates to the Bronze Age Britain, Bronze Age, Roman conquest of Britain, Romans and Anglo-Saxons, Anglo-Saxons. In the Middle Ages, the town rose to national significance with the establishment of Northampton Castle, an occasional royal residence which regularly hosted the Parliament of England. Medieval Northampton had many churches, monasteries and the University of Northampton (thirteenth century), ...
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Jury Of Presentment
A presentment is the act of presenting to an authority a formal statement of a matter to be dealt with. It can be a formal presentation of a matter such as a complaint, indictment or bill of exchange. In early-medieval England, juries of presentment would hear inquests in order to establish whether someone should be presented for a crime. In the Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ... Churchwardens' Presentments are reports to the Bishop relating to parishioners' misdemeanors and other things amiss in the parish. References Legal terminology {{law-stub ...
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Revolt Of 1173–74
Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority. A rebellion originates from a sentiment of indignation and disapproval of a situation and then manifests itself by the refusal to submit or to obey the authority responsible for this situation. Rebellion can be individual or collective, peaceful (civil disobedience, civil resistance, and nonviolent resistance) or violent (terrorism, sabotage and guerrilla warfare). In political terms, rebellion and revolt are often distinguished by their different aims. While rebellion generally seeks to evade and/or gain concessions from an oppressive power, a revolt seeks to overthrow and destroy that power, as well as its accompanying laws. The goal of rebellion is resistance while a revolt seeks a revolution. As power shifts relative to the external adversary, or power shifts within a mixed coalition, or positions harden or soften on eithe ...
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Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as ''sherif''. Description Historically, a sheriff was a legal official with responsibility for a shire, the term being a contraction of " shire reeve" (Old English ). In British English, the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty in England and Wales, and a sheriffdom in Scotland. In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country. * In England, Northern Ireland, or Wales, a sheriff (or high sheriff) is a ceremonial county or city official. * In Scotland, sheriffs are judges. * In the Republic of Ireland, in some counties and in the cities of Dubli ...
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Mort D'ancestor
In English law, the assize of mort d'ancestor ("death of ancestor") was an action brought where a plaintiff claimed the defendant had entered upon a freehold belonging to the plaintiff following the death of one of his relatives. The questions submitted to the jury were, "was A seised in his demesne as of fee on the day whereon he died?" and "Is the plaintiff his next heir?" This assize enabled the heir to obtain possession, even though some other person might have a better right to the land than the deceased. Origins, development and end Mort d'ancestor was one of the so-called "petty assizes" established by Henry II in the wake of the Assize of Clarendon (1166) and the Assize of Northampton (1176). According to the Assize of Northampton, the lord must not prevent the heir having seisin forthwith on the ancestor's death, making this almost the final step in the development of common law heritability: "4. Item, if any freeholder had died, let his heirs remain possessed of such 'se ...
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Novel Disseisin
In English law, the assize of novel disseisin ("recent dispossession"; ) was an action to recover lands of which the plaintiff had been disseised, or dispossessed. It was one of the so-called "petty (possessory) assizes" established by Henry II in the wake of the Assize of Clarendon of 1166; and like the other two was only abolished in 1833. Origin Facing the disorder of self-help over the possession of land in the wake of the reign of King Stephen, Henry II in his nationwide assizes of Clarendon and Northampton had his justices "cause an inquisition to be made concerning dispossessions carried out contrary to the assize". Drawing on the sophisticated models offered by canon law, the king subsequently created the private (and purchasable) writ of novel disseisin, which enabled individuals to take disputed possession cases to the royal courts. The action became extremely popular due to its speed (avoiding the delays or essoins of feudal justice), accessibility, and expediency. Ra ...
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Peace (law)
The legal term peace, sometimes king's peace (Latin ''pax regis'')''Black's Law Dictionary'' (10th ed.: ed. Bryan A. Garner: Thomson Reuters, 2014), p. 1306. or queen's peace, is the common-law concept of the maintenance of public order.Markus Dirk Dubber, ''The Police Power: Patriarchy and the Foundations of American Government'' (Columbia University Press, 2005), pp. 15–16. The concept of the king's peace originated in Anglo-Saxon law, where it initially applied the special protections accorded to the households of the English kings and their retainers. A breach of the king's peace, which could be either a crime or a tort, was a serious matter. The concept of the king's peace expanded in the 10th and 11th centuries to accord the king's protection to particular times (such as holidays), places (such as highways and churches), and individuals (such as legates). By the time of the Norman Conquest, the notion of the king's peace became more general, referring to the safeguarding ...
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Assize Of Darrein Presentment
In English law, the assize of darrein presentment ("last presentation") was an action brought to determine who was the last patron to appoint to a vacant church benefice - and thus who could next appoint - when the plaintiff complained that he was deforced or unlawfully deprived of the right to appoint by the defendant. Origins In the Constitutions of Clarendon of 1164, Henry II of England laid down the principle that “If a dispute shall arise...concerning advowson and presentation to churches, let it be treated and concluded in the court of the king”. While a controversial element in his (generally controversial) demarcation of church and state, in practice advowsons remained lay property in England; and some time after the 1166 Assize of Clarendon - probably around 1179 - Henry introduced the writ of Darrein Presentment, to provide a speedy judgement in cases of advowson dispute. The 3rd Lateran Council of 1179 required that the local bishop appoint to church vacancies tha ...
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Inquest Of Sheriffs
The Inquest of Sheriffs was a commission held by King Henry II of England in 1170 into the conditions of local government in England. Background In early Angevin England, sheriffs played an important part in local government, representing the Crown, keeping the peace, running the operations of the county and royal hundred courts and managing summons and similar legal orders. They usually managed the royal manors in their shire, collecting the rents and spending money locally on the Crown's behalf. They were typically members of the local baronage, but were appointed by the king, and they expected to make a profit from their office. Inquest In 1170, King Henry II, who ruled over a network of lands across Europe, returned to England after several years of absence. He promptly established a commission to examine any malpractices in local government, which became known as the Inquest of the Sheriffs. The inquiry was widespread, extending not just to the King's sheriffs but to other r ...
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Feudalism In England
Feudalism as practiced in the Kingdoms of England during the medieval period was a state of human society that organized political and military leadership and force around a stratified formal structure based on land tenure. As a military defense and socio-economic paradigm designed to direct the wealth of the land to the king while it levied military troops to his causes, feudal society was ordered around relationships derived from the holding of land. Such landholdings are termed fiefdoms, traders, fiefs, or fees. Origins of feudalism The word, "feudalism", was not a medieval term, but an invention of sixteenth century French and English lawyers to describe certain traditional obligations between members of the warrior aristocracy. Not until 1748 did it become a popular and widely used word, thanks to Montesquieu's ''De L'Esprit des Lois'' (The Spirit of the Laws). The coined word ''feudal'' derives from an ancient Gothic source ''faihu'' signifying simply "property" which in it ...
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