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Statute Of Marlborough
The Statute of Marlborough (52 Hen 3) is a set of laws passed by the Parliament of England during the reign of Henry III in 1267. The laws comprised 29 chapters, of which four are still in force. Those four chapters constitute the oldest piece of statute law in the United Kingdom still in force . Nomenclature and dating The Statute is so named as it was passed at Marlborough in Wiltshire, where a Parliament was being held. The preamble dates it as "the two and fiftieth year of the reign of King Henry, son of King John, in the utas of Saint Martin", which would give a date of 18 November 1267; "utas" is an archaic term to denote the eighth day (in inclusive counting) after an event, in this case the feast day of Saint Martin. The full title was ''Provisiones fact ap Marleberg m p aeent D mio Rege H nrico& R cardoRege Ale anoru, & D mio Edwardo fil oejuade H nricoR gePrimogen t, & D mio Octobono tunc legato in Angli ' in Latin, yielding an English ''Provisions made at Marlb ...
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England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, excep ...
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Historic Counties Of England
The historic counties of England are areas that were established for administration by the Normans, in many cases based on earlier kingdoms and shires created by the Angles, Saxons, Jutes, Celts and others. They are alternatively known as ancient counties, traditional counties, former counties or simply as counties. In the centuries that followed their establishment, as well as their administrative function, the counties also helped define local culture and identity. This role continued even after the counties ceased to be used for administration after the creation of administrative counties in 1889, which were themselves amended by further local government reforms in the years following. Unlike the partly self-governing boroughs that covered urban areas, the counties of medieval England existed primarily as a means of enforcing central government power, enabling monarchs to exercise control over local areas through their chosen representatives – originally sheriffs and l ...
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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 ...
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Statute Law Revision Act 1863
The Statute Law Revision Act 1863 is an Act of the Parliament of the United Kingdom. It was intended, in particular, to facilitate the preparation of a revised edition of the statutes. The enactments which were repealed (whether for the whole or any part of the United Kingdom) by this Act were repealed so far as they extended to the Isle of Man on 25 July 1991.The Interpretation Act 1978, section 4(b) See also * Statute Law Revision Act Further readingDigital reproduction of the Original Act on the Parliamentary Archives catalogue References *Halsbury's Statutes, *George Kettilby Rickards. The Statutes of the United Kingdom of Great Britain and Ireland, 26 & 27 Victoria, 1863. Queen's Printer. London. 1863. Pages 578 et seqDigitised copyfrom Google Books Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google Inc. that searches the full text of books and magazines that Google has scanned, converte ...
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Frederick Maitland
General Frederick Maitland (3 September 1763 – 27 January 1848) was a British Army officer who fought during the American War of Independence, the Peninsular War and later served as Lieutenant Governor of Dominica. Life The youngest son of the hon. Sir Alexander Maitland and Penelope, daughter of Colonel Martin Madan and Judith Madan the poet, he was also the grandson of Charles Maitland, 6th Earl of Lauderdale and a first cousin of Rear Admiral Frederick Lewis Maitland (1779–1837). In 1779, the age of sixteen, Maitland joined the 14th regiment, serving as a Marine on HMS ''Union'' at the Great Siege of Gibraltar in 1781. He subsequently served in the West Indies on the staff of the quarter master-general, General Cuyler. He was promoted from Ensign to Brevet Major and also served as aide-de-camp to Sir Charles Grey at the relief of Nieuport on the Dutch coast in 1793. Maitland was engaged in two naval actions during this period; the first in 1793 involving the ...
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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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Replevin
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin" is of Anglo-Norman origin and is the noun form of the verb "replevy". This comes from the Old French ''replevir'', derived from ''plevir'' ("to pledge"), which is derived from the Latin ''replegiare'' ("to redeem a thing taken by another"). Nature In ''The Law of Torts'', John Fleming has written: In common law, several types of action existed with respect to deprivation of possession (being subdivided into the wrongful taking of chattels and the unjust detention of them, even where the original taking was lawful): * In the case of wrongful taking: ** A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature ...
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Socage
Socage () was one of the feudal duties and land tenure forms in the English feudal system. It eventually evolved into the freehold tenure called "free and common socage", which did not involve feudal duties. Farmers held land in exchange for clearly defined, fixed payments made at specified intervals to feudal lords. The lord was therefore obligated to provide certain services, such as protection, to the farmer and other duties to the Crown. Payments usually took the form of cash, but occasionally could be made with goods. Socage contrasted with other forms of tenure, including serjeanty, frankalmoin and knight-service. The English statute ''Quia Emptores'' of Edward I (1290) established that socage tenure passed from one generation or nominee to the next would be subject to inquisitions post mortem, which would usually involve a feudal relief tax. This contrasts with the treatment of leases, which could be lifelong or readily subject to forfeiture and rent increase. As fe ...
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Essoin
In old English law 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, be ..., an essoin (, , Old French ''essoignier'', "to excuse") is an excuse for nonappearance in court. Essoining is the seeking of the same. The person sent to deliver the excuse to the court is an essoiner or essoineur. There were several kinds of essoins in common law in the Middle Ages: * An essoin de malo lecti, the "excuse of the bed of sickness", was an excuse that the person was too ill to get out of bed, and was generally only invoked in civil actions involving real property. This required that the invoker be observed in bed by a commission of four knights. * An essoin de ultra mare, the "excuse of being overseas" (literally "beyond the sea"), was an excuse that the person was abroad. The only resultant del ...
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Beaupleader
In English law, a beau pleader is a writ, whereby it is provided that no fine shall be taken of anyone in any court for fair pleading, i.e. for not pleading aptly, and to the purpose. See also *Statute of Marlborough The Statute of Marlborough (52 Hen 3) is a set of laws passed by the Parliament of England during the reign of Henry III in 1267. The laws comprised 29 chapters, of which four are still in force. Those four chapters constitute the oldest piece ... References English law Writs {{England-law-stub ...
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Tourn
The tourn (tour, turn) was the bi-annual inspection of the hundreds of his shire made by the sheriff in medieval England. During it he would preside over the especially full meetings of the hundred court (more normally three-weekly) which met during the tourn at Easter and Michaelmas. Origins The tourn is first recorded by that name in 1205, but Frederic William Maitland considered that it was already in action at the time of the 1166 Assize of Clarendon. Anglo-Saxon precedents for the tourn, in the form of exceptional shrieval holdings of the hundred court, are however already apparent by the early 11th century. Profits and abuses A central part of the tourn was known as 'views of frankpledge', when the sheriff looked into the frankpledge or frith-borh system, for which all freemen and suitors of the hundred, as well as the reeve and four representatives from each vill Vill is a term used in English history to describe the basic rural land unit, roughly comparable to tha ...
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