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Constitutions Of Clarendon
The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England in 1164. The Constitutions were composed of 16 articles and represent an attempt to restrict ecclesiastical privileges and curb the power of the Church courts and the extent of papal authority in England. In the anarchic conditions of Henry II's predecessor, Stephen (reigned 1135–1154), the church had extended its jurisdiction by taking advantage of the weakness of royal authority. The Constitutions were claimed to restore the law as it was observed during the reign of Henry I (1100–1135). The Constitutions take their name from Clarendon Palace, Wiltshire, the royal hunting lodge at which they were promulgated. Purposes The Constitutions' primary goal was to deal with the controversial issue of "criminous clerks", or clergy who had been accused of committing a serious secular crime but were tried in ecclesiastical courts by "benefit of clergy". Unlike royal courts, these eccle ...
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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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Defrocked
Defrocking, unfrocking, degradation, or laicization of clergy is the removal of their rights to exercise the functions of the ordained ministry. It may be grounded on criminal convictions, disciplinary problems, or disagreements over doctrine or dogma, but may also be done at their request for personal reasons, such as running for civil office, taking over a family business, declining health or old age, desire to marry against the rules for clergy in a particular church, or an unresolved dispute. The form of the procedure varies according to the Christian denomination concerned. The words "defrocking" or "unfrocking" refers to the ritual removal of the frock-like vestments of clergy and ministers. These rituals are generally no longer practiced and were sometimes separate from dismissals from ordained ministry, leading some to contend that modern use of "defrocking" is inaccurate. However, others maintain "defrocking" as a common synonym for laicization, one particularly popular i ...
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English Laws
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ...
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1164 In England
Events from the 1160s in England. Incumbents *Monarch – Henry II Events * 1160 ** 2 November – marriage of Henry the Young King and Marguerite, daughter of Louis VII of France; King Henry II takes control of Norman Vexin. ** The island of Lundy is granted to the Knights Templar by Henry II. ** Approximate date – Derby School is founded by Walkelin de Derby in Derby; it will survive until 1989. * 1161 ** 5 January – canonisation of Edward the Confessor. ** c. April – Bartholomew becomes Bishop of Exeter. * 1162 ** 3 June – Thomas Becket consecrated as Archbishop of Canterbury and resigns as Lord Chancellor. ** Becket decrees that Trinity Sunday should henceforth be celebrated in England. ** King Henry II raises the Danegeld (by now, merely a royal tax) for the last time. * 1163 ** January – Henry II suppresses a revolt in Wales, and captures Prince Rhys ap Gruffydd. ** 6 March – Gilbert Foliot is translated from Hereford to become Bishop of London, an office ...
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12th Century In Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by  2, although by other definitions 1 is the second natural number, following  0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the ...
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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 i ...
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Becket Controversy
The Becket controversy or Becket dispute was the quarrel between Archbishop of Canterbury Thomas Becket and King Henry II of England from 1163 to 1170.Bartlett ''England Under the Norman and Angevin Kings'' pp. 401–402 The controversy culminated with Becket's murder in 1170,Huscroft ''Ruling England'' pp. 140–141 and was followed by Becket's canonization in 1173 and Henry's public penance at Canterbury in July 1174.Barlow ''Thomas Becket'' pp. 269–270 The dispute concerned the respective rights of crown and church. The king attempted to reassert royal prerogatives and the archbishop resisted. A significant point of contention was jurisdiction over criminal cases regarding clerics, even if only in minor orders. The matter dragged on for a number of years as both sides appealed to the pope, who attempted to bring the parties to a negotiated settlement, but to no avail. Both sides resorted to actions that escalated the dispute with the king confiscating property and the archbisho ...
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Archbishop Of Canterbury
The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is Justin Welby, who was enthroned at Canterbury Cathedral on 21 March 2013. Welby is the 105th in a line which goes back more than 1400 years to Augustine of Canterbury, the "Apostle to the English", sent from Rome in the year 597. Welby succeeded Rowan Williams. From the time of Augustine until the 16th century, the archbishops of Canterbury were in full communion with the See of Rome and usually received the pallium from the pope. During the English Reformation, the Church of England broke away from the authority of the pope. Thomas Cranmer became the first holder of the office following the English Reformation in 1533, while Reginald Pole was the last Roman Catholic in the position, serving from 1556 to 1558 during the Counter-Reformatio ...
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Thomas Becket
Thomas Becket (), also known as Saint Thomas of Canterbury, Thomas of London and later Thomas à Becket (21 December 1119 or 1120 – 29 December 1170), was an English nobleman who served as Lord Chancellor from 1155 to 1162, and then notably as Archbishop of Canterbury from 1162 until his murder in 1170. He is venerated as a saint and martyr by the Catholic Church and the Anglican Communion. He engaged in conflict with Henry II, King of England, over the rights and privileges of the Church and was murdered by followers of the king in Canterbury Cathedral. Soon after his death, he was canonised by Pope Alexander III. Sources The main sources for the life of Becket are a number of biographies written by contemporaries. A few of these documents are by unknown writers, although traditional historiography has given them names. The known biographers are John of Salisbury, Edward Grim, Benedict of Peterborough, William of Canterbury, William fitzStephen, Guernes of P ...
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Frederic William Maitland
Frederic William Maitland (28 May 1850 – ) was an English historian and lawyer who is regarded as the modern father of English legal history. Early life and education, 1850–72 Frederic William Maitland was born at 53 Guilford Street, London, in 1850, the only son and second of three children of John Gorham Maitland and of Emma, daughter of John Frederic Daniell. His grandfather was Samuel Roffey Maitland. Maitland's father was a barrister but, having little practice, became a civil servant, serving as secretary to the Civil Service Commission. Maitland was educated at a preparatory school in Brighton before entering Eton College in 1863, where Edward Daniel Stone was his private tutor. At Eton, Maitland was not prominent either academically or athletically, although a close school friend thought he would become "a kind of philosophic Charles Lamb". He then matriculated at Trinity College, Cambridge, in 1869 as a commoner. A dislike of classics acquired at Eton initi ...
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Benefit Of Clergy
In English law, the benefit of clergy (Law Latin: ''privilegium clericale'') was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient in their prosecutions and punishments, and many efforts were made by defendants to claim clergy status; some were baldly fraudulent. Various reforms limited the scope of this legal arrangement to prevent its abuse, including branding of a thumb upon first use, to limit the number of invocations for some. Eventually, the benefit of clergy evolved into a legal fiction in which first-time offenders could receive lesser sentences for some crimes (the so-called "clergyable" ones). The legal mechanism was abolished in the United Kingdom in 1827 with the passage of the Criminal Law Act 1827. Origin When the Roman Empire converted to Christi ...
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Ecclesiastical Privileges
In the canon law of the Catholic Church, ecclesiastical privileges are the privileges enjoyed by the clergy. Their scope varied over time."Ecclesiastical Privileges"
in: ''''
The main privileges are: *''Privilegium canonis'', regarding personal against malicious injury *'''', regarding a special tribunal in civil and criminal causes before an