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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 The Assize of Clarendon did not lead to this change immediately; recourse to trial by combat was not officially rescinded until 1819, though by then it had fallen out of use.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 f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assize Of Northampton
The Assize of Northampton, largely based on the Assize of Clarendon of 1166, is among a series of measures taken by King Henry II of England that solidified the rights of the knightly tenants and made all possession of land subject to and guaranteed by royal law. The assize is believed to have been passed at a council held in Northampton in January 1176. Clarendon extended The assize confirmed the offences to be brought forward by the jury of presentment according to Clarendon, and added arson and forgery to the list. It also set down new and severe punishments that could be handed down, including the removal of an offender's right hand. Aftermath of revolt Following as it did the Revolt of 1173–74, the Assizes included a wide-ranging oath of fealty (Item 6), as well as items concerning castles (8 and 11), insisting especially that "the justices see to it that the castles which have been destroyed are utterly demolished." Administrative reforms The assize is connected wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 freehold belonging to the plaintiff following the death of one of his relatives. The questions submitted to the jury were, "was A 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 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 his heirs remain possessed of such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Assize
The Grand Assize (or Assize of Windsor) was a legal instrument set up in 1179 by King Henry II of England, to allow tenants to transfer disputes over land from feudal courts to the royal court. Origins Given the capacity of feudal justice for delays (essoin)s, and the arbitrariness of its methods of judgement (duel, ordeal), 12th C England had ample room for an alternative method of settling property disputes; and Henry II – acclaimed by Walter Map as one "clever in devising new and undiscovered legal procedure" – saw in the Grand Assize a means of preserving social order, avoiding the violence of self-help in the countryside, and at the same time of increasing royal revenue at the same time through the judicial system. ' Glanville' in his legal treatise termed the Grand Assize a "royal benefit...by this means men may escape the severe punishment of an unexpected and premature death.... For whilst the duel proceeds on the evidence of one juror, this assize requires the oaths of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 law ori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1166
Year 1166 ( MCLXVI) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Manuel I (Komnenos) asks Venice to help pay the costs of defending Sicily, whose Norman rulers have had good relations with Venice. Doge Vitale II Michiel refuses to pay the requested subsidy. Manuel begins to cultivate relationships with the main commercial rivals of Venice: Genoa and Pisa. He grants them their own trade quarters in Constantinople, very near the Venetian settlements. Europe * May 7 – King William I (the Wicked) of Sicily dies at Palermo after a 12-year reign. He is succeeded by his 12-year-old son William II (the Good), whose mother, Margaret of Navarre, will be regent until he comes of age. * Battle of Pantina: The Byzantines intervene on behalf of Grand Prince Tihomir of Serbia against his rebellious brother, Prince Stefan Nemanja, who defeats the Byzantine forces and becomes '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bastard Feudalism
"Bastard feudalism" is a somewhat controversial term invented by 19th century historians to characterise the form feudalism took in the Late Middle Ages, primarily in England in the Late Middle Ages. Its distinctive feature is that middle-ranking figures rendered military, political, legal, or domestic service in return for money, office, or influence. As a result, the gentry began to think of themselves as the men of their lord rather than of the king. Individually, they are known as retainers, and collectively as the "affinity" of the lord, among other terms. History and historiography The historian Charles Plummer coined the term "bastard feudalism" in 1885. Plummer blamed bastard feudalism for the disorder and instability of the Wars of the Roses in the fifteenth century. However, "bastard feudalism" as a concept is primarily associated with Plummer's contemporary William Stubbs (1825–1901). According to Stubbs, a shift in English history took place under Edward I ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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