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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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BL MS Royal 14 C VII F
BL (or similar) may refer to: Arts and entertainment * BL Publishing, a division of the wargames manufacturing company, Games Workshop * ''Boston Legal'', a US legal comedy drama * Boys' love, Japanese term for female-oriented fiction featuring idealized romantic relationships between two males Businesses and organizations * Bell Labs, an audio-technology research and design enterprise * Boys' Latin School of Maryland, a US private school * Brisbane Lions, an Australian rules football team in the Australian Football League * British Library, the UK's national library * British Leyland, a former UK vehicle manufacturing company * Pacific Airlines (IATA code BL), a low-cost airline * Lytvyn Bloc, a Ukrainian political party Food and drink * Bitter lemon, a carbonated soft drink * Bud Light, an American lager beer In law * Bachelor of Laws (B.L.), an undergraduate degree in law * Barrister-at-Law, a degree and professional qualification in Ireland, Northern Ireland and Nigeria. ...
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Quare Impedit
In English law, ''quare impedit'' was a writ commencing a common law action for deciding a disputed right of presentation to a benefice, a right known as an advowson. It was typically brought by a patron against a bishop who refuses to appoint the patron's nominee as a priest. It obtained its name from the words of the ancient writ that started the proceeding until the 19th century. This writ was directed to the sheriff, instructing him to command the defendant to permit the plaintiff to present an appropriate candidate, or else to show "why he hinders" ( la, quare impedit) the plaintiff in the exercise of his rights. The writ of ''quare impedit'' was one of the few real actions preserved by the Real Property Limitation Act 1833, and survived up to 1860. It was abolished by the Common Law Procedure Act 1860, and proceedings in ''quare impedit'' were changed to make them as similar as possible to those in other real actions. The defendant bishop would need to fully state upon ...
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1179
Year 1179 ( MCLXXIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Levant * April 10 – A Crusader army led by King Baldwin IV (the Leper) is ambushed by Muslim forces in a narrow valley in the forest of Banyas. Baldwin is only able to extricate his forces owing to the heroism of Humphrey II, lord of Toron, who holds up the Muslims with his bodyguard till Baldwin and his army escape. Humphrey suffers mortal wounds and dies on April 22. He is succeeded by his 13-year-old grandson Humphrey IV. * June 10 – Battle of Marj Ayyun: A Crusader army (some 10,000 men) led by Baldwin IV is defeated by Muslim forces under Saladin near the Litani River (modern Lebanon). The Knights Templar join the battle, but they are driven back in confusion. Baldwin narrowly escapes being captured in the route. Amongst Saladin's prisoners are Odo de St. Amand, Grand Master of the Templars, and Lord Baldwin of I ...
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1179 In England
Events from the 1170s in England. Incumbents *Monarch – Henry II Events 1170 * April – Inquest of Sheriffs: Henry II looks into the financial dealings of local officials. * 14 June – Henry II has his 15-year-old son Henry the Young King crowned by Roger, Archbishop of York, as junior king and heir to the English throne. The coronation drives the Pope to allow the exiled Thomas Becket (whose privilege as Archbishop of Canterbury to crown monarchs has been infringed) to lay an interdict on England as punishment, and this threat forces Henry to negotiate with Becket. Sir William Marshal is appointed tutor-in-arms to Henry the Young King. * 22 July – Becket controversy: Reconciliation between Henry II and Becket at Fréteval in Western France. * 21 September – Anglo-Norman invasion of Ireland: Following a siege, combined Anglo-Norman and Irish forces led by Richard de Clare, 2nd Earl of Pembroke, seize the city of Dublin, forcing Ascall mac Ragnaill, last King of Dublin, ...
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Mortmain
Mortmain () is the perpetual, inalienable ownership of real estate by a corporation or legal institution; the term is usually used in the context of its prohibition. Historically, the land owner usually would be the religious office of a church; today, insofar as mortmain prohibitions against perpetual ownership still exist, it refers most often to modern companies and charitable trusts. The term ''mortmain'' is derived from Mediaeval Latin ''mortua manus'', literally "dead hand", through Old French ''morte main'' (in modern French, ''mainmorte''). History During the Middle Ages in Western European countries such as England, the Roman Catholic Church acquired a substantial amount of real estate. As the Church and religious orders were each recognised as a legal person separate from the office holder who administered the Church land (such as the abbot or the bishop), the land would not escheat on the death of the holder, or pass by inheritance, as the Church and the religiou ...
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Assize Of Utrum
The Statutes of Mortmain were two enactments, in 1279 and 1290, passed in the reign of Edward I of England, aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation, such as the Church, was known as mortmain, which literally meant "dead hand". In medieval England, feudal estates generated taxes for the King (known as feudal ''incidents''), principally on the grant or inheritance of the estate. If an estate became owned by a religious corporation which could never die, could never attain majority, and could never be attainted for treason, these taxes never became payable. It was akin to the estates being owned by the dead, hence the term. The Statutes of Mortmain were meant to re-establish the prohibition against donating land to the Church for the purpose of avoiding feudal services, a prohibition which had originated in Magna Carta in 1215 and was specifically defined in its 1217 issue. ...
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Assize Of 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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Assize Of 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 Fee simple, freehold belonging to the plaintiff following the death of one of his relatives. The questions submitted to the jury were, "was A seisin, 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 of England, 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 ...
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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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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, 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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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 ...
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Investiture Controversy
The Investiture Controversy, also called Investiture Contest ( German: ''Investiturstreit''; ), was a conflict between the Church and the state in medieval Europe over the ability to choose and install bishops ( investiture) and abbots of monasteries and the pope himself. A series of popes in the 11th and 12th centuries undercut the power of the Holy Roman Emperor and other European monarchies, and the controversy led to nearly 50 years of conflict. It began as a power struggle between Pope Gregory VII and Henry IV (then King, later Holy Roman Emperor) in 1076. The conflict ended in 1122, when Pope Callixtus II and Emperor Henry V agreed on the Concordat of Worms. The agreement required bishops to swear an oath of fealty to the secular monarch, who held authority "by the lance" but left selection to the church. It affirmed the right of the church to invest bishops with sacred authority, symbolized by a ring and staff. In Germany (but not Italy and Burgundy), the Emper ...
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