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Semayne's Case
''Semayne's Case'' (January 1, 1604) 5 Coke Rep. 91, is an English common law case reported by Sir Edward Coke, who was then the Attorney General of England. In the United States, it is recognized as establishing the "knock-and-announce" rule. Facts Richard Gresham and George Berisford were joint tenants of a house in Blackfriars, London. Berisford died while in debt to Peter Semayne. Semayne then secured a civil writ of attachment on Berisford's goods, which were located inside the house. After the Sheriff of London was denied entry by Gresham, the sheriff offered to break and enter into the house. Instead, Semayne sued, bringing an action on the case against Gresham for his losses. Initially, the court could not reach a decision, with Lord Chief Justice John Popham and Lord Justice Francis Gawdy believing the sheriff could break and enter, while Lord Justices Edward Fenner and Christopher Yelverton insisting he could not. After the English coronation of King James VI and I ...
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Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To recov ...
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James VI And I
James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until his death in 1625. The kingdoms of Scotland and England were individual sovereign states, with their own parliaments, judiciaries, and laws, though both were ruled by James in personal union. James was the son of Mary, Queen of Scots, and a great-great-grandson of Henry VII, King of England and Lord of Ireland, and thus a potential successor to all three thrones. He succeeded to the Scottish throne at the age of thirteen months, after his mother was compelled to abdicate in his favour. Four different regents governed during his minority, which ended officially in 1578, though he did not gain full control of his government until 1583. In 1603, he succeeded Elizabeth I, the last Tudor monarch of England and Ireland, who died childless. He ...
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Commentaries On The Laws Of England
The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and because they met a need. The ''Commentaries'' are often quoted as the definitive ...
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Michael Foster (English Judge)
Sir Michael Foster (1689–1763) was an English judge. Life Foster was the son of Michael Foster, an attorney, and was born at Marlborough, Wiltshire, on 16 December 1689. After attending the free school of his native town, he matriculated at Exeter College, Oxford, 7 May 1705. He does not appear to have taken any degree. He was admitted a student of the Middle Temple on 23 May 1707, and was called to the bar in May 1713. Meeting with little success in London, he retired to Marlborough, whence he afterwards removed to Bristol, where as a local counsel he gained a great reputation. In August 1735 he was chosen recorder of Bristol, and in Easter term 1736 became a Serjeant-at-law. He held the post of recorder for many years, and upon his resignation in 1764 was succeeded by Daines Barrington. During Foster's tenure of office several important cases came before him. In the case of Captain Samuel Goodere who was tried for the murder of his brother, Sir John Dineley Goodere, 2nd Barone ...
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William Hawkins (serjeant-at-law)
William Hawkins (1682–1750) was a barrister and serjeant-at-law, best known for his work on the English criminal law, ''Hawkins' Treatise of Pleas of the Crown, Treatise of Pleas of the Crown''. He graduated with a Bachelor of Arts from Oriel College, Oxford in 1699 and was elected as a fellow of the same college in 1700. He is often confused with a contemporary William Hawkins of St John's College Cambridge, who became a prebend at St Paul's. He was admitted a member of the Inner Temple on 10 February 1701. He became a serjeant-at-law on 1 February 1724. Among his clients was Thomas Bambridge, the notoriously cruel warden of Fleet Prison. In addition to his ''Treatise of Pleas of the Crown'', he also published an abridgment of the first part of Edward Coke's ''Institutes of the Lawes of England'' in 1711. This work ran through many editions, and was praised by William Blackstone, Blackstone in the ''Commentaries on the Laws of England''. The poet William Hawkins (clergyman ...
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Glorious Revolution
The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and VII of England and Scotland in November 1688, and his replacement by his daughter Mary II and her husband and James's nephew William III of Orange, de facto ruler of the Dutch Republic. A term first used by John Hampden (1653–1696), John Hampden in late 1689, it has been notable in the years since for having been described as the last successful invasion of England as well as an internal coup, with differing interpretations from the Dutch and English perspectives respectively. Despite his personal Catholicism, a religion opposed by the Protestant majority in England and Scotland, James became king in February 1685 with widespread support in both countries, since many feared that his exclusion would lead to a repetition of the 16391651 Wa ...
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Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that ...
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Historia Placitorum Coronæ
''Historia Placitorum Coronæ'' or ''The History of the Pleas of the Crown'' is an influential treatise on the criminal law of England, written by Sir Matthew Hale and published posthumously with notes by Sollom Emlyn by E. and R. Nutt, and R. Gosling (the assigns of Edward Sayer), for F. Gyles, T. Woodward, and C. Davis in 1736. The book was published despite an instruction in Hale's will that none of his manuscripts was to be printed after his death unless he had ordered the publication during his lifetime.. This was defended by Emlyn on the basis that it was a work of enormous importance; that he appeared to have revoked this instruction in a codicil; and that, in any event, it was obvious that he had intended to publish it. He further observed that the order was the result of fear that the text would be altered or abridged. The book is divided into two parts. The first part deals with substantive law and the second part deals with procedure. Bibliography *. *. *. *. See als ...
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Matthew Hale (jurist)
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and con ...
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Interregnum (England)
The Interregnum was the period between the execution of Charles I on 30 January 1649 and the arrival of his son Charles II in London on 29 May 1660 which marked the start of the Restoration. During the Interregnum, England was under various forms of republican government (see Commonwealth of England; this article describes other facets of the Interregnum). Politics The politics of the period were dominated by the wishes of the ''Grandees'' (Senior Officers) of the New Model Army and their civilian supporters. They encouraged (or at least tolerated) several republican regimes. From 1649 until 1653 executive powers lay with the Council of State, while legislative functions were carried out by the Rump Parliament. In 1653 the Grandees, with Oliver Cromwell in the lead, dismissed the Rump, and replaced it with a Nominated Assembly (nicknamed the Parliament of Saints or Barebone's Parliament) made up of 140 nominees, 129 from England and Wales, five from Scotland and six from Irelan ...
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Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the pe ...
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Institutes Of The Lawes Of England
The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cited in over 70 cases decided by the Supreme Court of the United States, including several landmark cases. For example, in ''Roe v. Wade'' (1973), Coke's ''Institutes'' are cited as evidence that under old English common law, an abortion performed before quickening was not an indictable offence. In the much earlier case of '' United States v. E. C. Knight Co.'' (1895), Coke's ''Institutes'' are quoted at some length for their definition of monopolies. The ''Institutes's'' various reprinted editions well into the 19th century is a clear indication of the long lasting value placed on this work throughout especially the 18th century in Britain and Europe. It has also been associated through the years with high literary connections. For exampl ...
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