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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 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 ...
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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 Common law can be amended or repealed by Parliament.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 la ...
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John De Brantingham
John de Brantingham (died before 1365) was an English Christian clergyman of the early 14th century and a member of the Brantingham family. He held a prebend of Derby Cathedral, value five marks a year, and the rectory of Askeby, worth 20 marks annually.Page (1907) In June 1318, Pope John XXII empowered de Brantingham to hold, in addition to his existing posts, the rectory of Huggate in the diocese of York, worth 40 pounds per annum. Later, de Brantingham also served as vicar of Otley in Yorkshire.Cleveland (1889) Clearly a prodigious clergyman, de Brantingham appeared at the Parliament of Carlisle in 1306/1307 as a proxy for the Archdeacon of Surrey and, later, as a substitute for Henry de Tychewell, who was a proxy for the archdeaconry of Surrey. Personal life In 1325, William Melton, Archbishop of York, granted to de Brantingham, then vicar of Otley, the wardship and marriage of Agnes, daughter and heir of John Malebrank of Farnley. De Brantingham is also recorded as a wi ...
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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 '' ...
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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 law ori ...
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Durham, England
Durham ( , locally ), is a cathedral city and civil parish on the River Wear, County Durham, England. It is an administrative centre of the County Durham District, which is a successor to the historic County Palatine of Durham (which is different to both the ceremonial county and district of County Durham). The settlement was founded over the final resting place of St Cuthbert. Durham Cathedral was a centre of pilgrimage in medieval England while the Durham Castle has been the home of Durham University since 1832. Both built in 11th-century, the buildings were designated as a World Heritage Site by UNESCO in 1986. HM Prison Durham is also located close to the city centre and was built in 1816. Name The name "Durham" comes from the Brythonic element , signifying a hill fort and related to -ton, and the Old Norse , which translates to island.Surtees, R. (1816) ''History and Antiquities of the County Palatine of Durham'' (Classical County Histories) The Lord Bishop of Durh ...
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Surtees Society
The Surtees Society is a text publication society and registered charity (No. 1003812) based in Durham in northern England. The society was established on 27 May 1834 by James Raine, following the death (on 11 February) of the renowned County Durham antiquarian Robert Surtees. Raine and other former friends of Surtees created the society to honour his memory and carry on his legacy, with the focus on publishing documents relating to the region between the River Humber and Firth of Forth in the east and the River Mersey and the River Clyde in the west, the region that had once constituted the kingdom of Northumbria.. Membership of the Society is by annual subscription (currently £25). Members receive the book published for the year of subscription. History The Surtees Society was constituted on 27 May 1834 at a meeting held at Durham, and Raine was appointed its first secretary. It was modelled in part on the Scottish Bannatyne Club (founded c. 1823) and Maitland Club (founded ...
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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 ...
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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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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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Maynooth
Maynooth (; ga, Maigh Nuad) is a university town in north County Kildare, Ireland. It is home to Maynooth University (part of the National University of Ireland and also known as the National University of Ireland, Maynooth) and St Patrick's College, a Pontifical University and Ireland's sole Roman Catholic seminary. Maynooth is also the seat of the Irish Catholic Bishops' Conference and holds the headquarters of Ireland's largest development charity, Trócaire. Maynooth is located 24 kilometres (15 miles) west of central Dublin. Location and access Maynooth is located on the R148 road between Leixlip and Kilcock, with the M4 motorway bypassing the town. Other roads connect the town to Celbridge, Clane, and Dunboyne. Maynooth is also on the Dublin-Sligo railway line and is served by the Commuter and InterCity train services. Etymology Maynooth comes or ''Maigh Nuadhad'', meaning "plain of Nuadha". ''Maigh Nuad'' is the modern spelling. Nuadha was one of the gods of th ...
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Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ...
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Lord Chancellor Of Ireland
The Lord High Chancellor of Ireland (commonly known as Lord Chancellor of Ireland) was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801, it was also the highest political office of the Irish Parliament: the Chancellor was Speaker of the Irish House of Lords. The Lord Chancellor was also Lord Keeper of the Great Seal of Ireland. In all three respects, the office mirrored the Lord High Chancellor of Great Britain. Origins There is a good deal of confusion as to precisely when the office originated. Until the reign of Henry III of England, it is doubtful if the offices of Irish and English Chancellor were distinct. Only in 1232 is there a clear reference to a separate Court of Chancery (Ireland). Early Irish Lord Chancellors, beginning with Stephen Ridell in 1186, were simply the English Chancellor acting through a Deputy. In about 1244 the decision was taken that there must be separate holders of the office in England ...
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