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Bracton
Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus Angliæ'' ("On the Laws and Customs of England") and his ideas on ''mens rea'' (criminal intent). According to Bracton, it was only through the examination of a combination of action and intention that the commission of a criminal act could be established. He also wrote on kingship, arguing that a ruler should be called king only if he obtained and exercised power in a lawful manner. In his writings, Bracton manages to set out coherently the law of the royal courts through his use of categories drawn from Roman law, thus incorporating into English law several developments of medieval Roman law. Life Plucknett describes Bracton in this way: "Two generations after Ranulf de Glanvill we come to the flower and crown of English jurisprudenc ...
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William Raleigh
William de Raley (died 1250) was a medieval judge, administrator and bishop. Most historians now believe that he was the author of the great law book ''Bracton''. Life In 1212 Raley was presented by the King to the church living at Bratton Fleming, in the archdeaconry of Barnstaple, wherein his occupation was described as "clerk", when he studied law.Pegues "''Clericus'' in Legal Administration" ''English Historical Review'' p. 543 He is known to have served as a clerk of the bench in 1214, and again from 1219 to 1229. From 1225 to 1229 he was the personal clerk of Martin of Pattishall, with whom he travelled the Eyre in Cumberland and Northumberland between 1226 and 1227, where he acted as a commissioner for the assessment of Tallage. He became justice of the bench in 1229 following Pattishall's retirement, with Roger of Thirkleby being appointed as his clerk in 1231.Pegues "''Clericus'' in Legal Administration" ''English Historical Review'' p. 544 Raley took part in an Eyre in ...
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William De Raley
William de Raley (died 1250) was a medieval judge, administrator and bishop. Most historians now believe that he was the author of the great law book ''Bracton''. Life In 1212 Raley was presented by the King to the church living at Bratton Fleming, in the archdeaconry of Barnstaple, wherein his occupation was described as "clerk", when he studied law.Pegues "''Clericus'' in Legal Administration" ''English Historical Review'' p. 543 He is known to have served as a clerk of the bench in 1214, and again from 1219 to 1229. From 1225 to 1229 he was the personal clerk of Martin of Pattishall, with whom he travelled the Eyre in Cumberland and Northumberland between 1226 and 1227, where he acted as a commissioner for the assessment of Tallage. He became justice of the bench in 1229 following Pattishall's retirement, with Roger of Thirkleby being appointed as his clerk in 1231.Pegues "''Clericus'' in Legal Administration" ''English Historical Review'' p. 544 Raley took part in an Eyre i ...
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Medieval Roman Law
Medieval Roman law is the continuation and development of ancient Roman law that developed in the European Late Middle Ages. Based on the ancient text of Roman law, ''Corpus iuris civilis'', it added many new concepts, and formed the basis of the later civil law systems that prevail in the vast majority of countries. Rediscovery of ancient Roman law Although some legal systems in southern Europe in the Early Middle Ages, such as the Visigothic Code, retained some features of ancient Roman law, the main texts of Roman law were little known until the rediscovery of the ''Digest'' in Italy in the late 11th century. It was soon apparent that the ''Digest'' was a massive intellectual achievement and that the assimilation of its contents would require much time and study. The first European university, the University of Bologna, was set up in large part with the aim of studying it. The era of the glossators The ancient Roman law texts were not very explicit about matters of principle, a ...
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Combe-in-Teignhead
Combeinteignhead or Combe-in-Teignhead is a village in Teignbridge, South Devon, England. It lies within the civil parish of Haccombe with Combe, between Newton Abbot and Shaldon, about half a mile (1 km) inland from the estuary of the River Teign. Despite this closeness to the River Teign, the name ''Combeinteignhead'' is not derived from it: in the Domesday Book the district contained thirteen manors which totalled an area of ten hides and the whole area was known as the "Ten Hide". This was later corrupted to ''Teignhead'' through the influence of the river name. It is one of the longest place names in England, with 16 letters. The name of the nearby village of Stokeinteignhead has a similar derivation. The village has two historic pubs: the Wild Goose Inn, originally called the Country House Inn, a 17th-century tavern in the centre of the village, and the Coombe Cellars Inn, right on the estuary of the River Teign. Coombe Cellars was an early base for the local fishi ...
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Bratton Fleming
Bratton Fleming is a large village, civil parish and former manor near Barnstaple, in Devon, England. It lies a few miles west of Exmoor. The parish is surrounded, clockwise from the north, by the parishes of Challacombe, Brayford, Stoke Rivers, Goodleigh, Shirwell, Loxhore, Arlington and Kentisbury. The population of the parish in 2001 was 942, falling to 928 in 2011. There is an electoral ward with the same name which at the 2011 census had a population of 2,117. History The former Manor of Bratton Fleming was owned by a succession of families from the Norman Conquest to the 19th century. The Flemings had their seat at Chimwell which Tristram Risdon described as "one of the largest demesnes of this shire". According to W. G. Hoskins, Chimwell is now a farmhouse called Chumhill. Other Domesday manors in the parish were Benton and Haxton. The great jurist Henry de Bracton (c. 1210 – c. 1268) was either born here or at Bratton Clovelly. The village was once served by a rai ...
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Ranulf De Glanvill
Ranulf de Glanvill (''alias'' Glanvil, Glanville, Granville, etc., died 1190) was Chief Justiciar of England during the reign of King Henry II (1154–89) and was the probable author of ''Tractatus de legibus et consuetudinibus regni Anglie'' (''The Treatise on the Laws and Customs of the Kingdom of England''), the earliest treatise on the laws of England. Political and legal career We have no primary sources citing when or where he was born. He is first heard of as Sheriff of Yorkshire, Warwickshire and Leicestershire from 1163 to 1170 when, along with the majority of High Sheriffs, he was removed from office for corruption. However, in 1173 he was appointed Sheriff of Lancashire and custodian of the honour of Richmond. In 1174, when he was Sheriff of Westmorland, he was one of the English leaders at the Battle of Alnwick, and it was to him that the king of Scotland, William the Lion, surrendered. In 1175 he was reappointed Sheriff of Yorkshire, in 1176 he became justice ...
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Exeter Cathedral
Exeter Cathedral, properly known as the Cathedral Church of Saint Peter in Exeter, is an Anglican cathedral, and the seat of the Bishop of Exeter, in the city of Exeter, Devon, in South West England. The present building was complete by about 1400, and has several notable features, including an early set of misericords, an astronomical clock and the longest uninterrupted medieval stone vaulted ceiling in the world. History The founding of the cathedral at Exeter, dedicated to Saint Peter, dates from 1050, when the seat of the bishop of Devon and Cornwall was transferred from Crediton because of a fear of sea-raids. A Saxon minster already existing within the town (and dedicated to Saint Mary and Saint Peter) was used by Leofric as his seat, but services were often held out of doors, close to the site of the present cathedral building. In 1107 William Warelwast was appointed to the see, and this was the catalyst for the building of a new cathedral in the Norman style ...
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Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victim to an unintended victim, the ca ...
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Barnstaple
Barnstaple ( or ) is a river-port town in North Devon, England, at the River Taw's lowest crossing point before the Bristol Channel. From the 14th century, it was licensed to export wool and won great wealth. Later it imported Irish wool, but its harbour silted up and other trades developed such as shipbuilding, foundries and sawmills. A Victorian market building survives, with a high glass and timber roof on iron columns. The parish population was 24,033 at the 2011 census, and that of the built-up area 32,411 in 2018. The town area with nearby settlements such as Bishop's Tawton, Fremington and Landkey, had a 2020 population of 46,619. Toponymy The spelling Barnstable is obsolete, but retained by an American county and city. It appears in the 10th century and is thought to derive from the Early English ''bearde'', meaning "battle-axe", and ''stapol'', meaning "pillar", i. e. a post or pillar to mark a religious or administrative meeting place. The derivation from ''staple' ...
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Bideford
Bideford ( ) is a historic port town on the estuary of the River Torridge in north Devon, south-west England. It is the main town of the Torridge local government district. Toponymy In ancient records Bideford is recorded as ''Bedeford'', ''Byddyfrod'', ''Bedyford'', ''Bydeford'', ''Bytheford'' and ''Biddeford''. The etymology of the name means "by the ford", and records show that before there was a bridge there was a ford at Bideford where River Torridge is estuarine, and at low tide, it is possible, but not advisable, to cross the river by wading on foot. The Welsh means "this is the way" or "this is the road" owing to the Celtic legacy of the Dumnonians and their common ancestry with the Welsh. History Early history Hubba the Dane was said to have attacked Devon in the area around Bideford near Northam or near Kenwith Castle, and was repelled by either Alfred the Great (849–899) or by the Saxon Earl of Devon. The manor of Bideford was recorded in the Domesday Boo ...
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Second Barons' War
The Second Barons' War (1264–1267) was a civil war in England between the forces of a number of barons led by Simon de Montfort against the royalist forces of King Henry III, led initially by the king himself and later by his son, the future King Edward I. The barons sought to force the king to rule with a council of barons, rather than through his favourites. The war also involved a series of massacres of Jews by de Montfort's supporters, including his sons Henry and Simon, in attacks aimed at seizing and destroying evidence of baronial debts. To bolster the initial success of his baronial regime, de Montfort sought to broaden the social foundations of parliament by extending the franchise to the commons for the first time. However, after a rule of just over a year, de Montfort was killed by forces loyal to the king at the Battle of Evesham. Causes The reign of Henry III is most remembered for the constitutional crisis in this period of civil strife, which was provoked o ...
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Mad Parliament
The Oxford Parliament (1258), also known as the Mad Parliament and the First English Parliament, assembled during the reign of Henry III of England. It is best known for the Provisions of Oxford, a set of constitutional reforms that forced the king to govern according to the advice of a council of barons. Name The parliament came to be known as "Mad" as a result of an entry in the Latin chronicle ''Liber de Antiquis Legibus'' which read "". However, historians A.G. Little and R.L. Poole have shown that the word was overwritten in the original text, and may have originally read instead. Therefore, it would have originally read "" ("that distinguished parliament"). Background By the 1250s, there was widespread resentment among the barons against Henry III. The causes included the favoritism he showed to his Lusignan half-brothers, William and Aymer de Valence. There was also opposition to Henry's unrealistic plans to conquer the Kingdom of Sicily for his second son, Edmund ...
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