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Manorial Court
The manorial courts were the lowest courts of law in England during the feudal period. They had a civil jurisdiction limited both in subject matter and geography. They dealt with matters over which the lord of the manor had jurisdiction, primarily torts, local contracts and land tenure, and their powers only extended to those who lived within the lands of the manor: the demesne and such lands as the lord had enfeoffed to others, and to those who held land therein. Historians have divided manorial courts into those that were primarily seignorial – based on feudal responsibilities – and those based on separate delegation of authority from the monarch. There were three types of manorial court: the court of the honour; the court baron; and the court customary, also known as the halmote court. Each manor had its own laws promulgated in a document called the custumal, and anyone in breach of those laws could be tried in a manorial court. The earlier Anglo-Saxon method of ...
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Feudalism
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structuring society around relationships that were derived from the holding of land in exchange for service or labour. Although it is derived from the Latin word ''feodum'' or ''feudum'' (fief), which was used during the Medieval period, the term ''feudalism'' and the system which it describes were not conceived of as a formal political system by the people who lived during the Middle Ages. The classic definition, by François Louis Ganshof (1944), François Louis Ganshof (1944). ''Qu'est-ce que la féodalité''. Translated into English by Philip Grierson as ''Feudalism'', with a foreword by F. M. Stenton, 1st ed.: New York and London, 1952; 2nd ed: 1961; 3rd ed.: 1976. describes a set of reciprocal legal and military obligations which existed am ...
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Copyhold
Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant; not the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the ''copyholder'', according to the titles and customs written down in the manorial roll. In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent. Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. Although feudalism in England had ende ...
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British Records Association
The British Records Association (widely known as the BRA, pronounced as three letters) is a British learned society founded in 1932 to promote the preservation, understanding, accessibility and study of historic records and archives. It is a registered charity (no. 227464). It issues a journal, ''Archives'', and other publications; hosts conferences and seminars; and undertakes other activities to promote the care and preservation of archives and the interests of archive users at a national level. Membership is open to all, and the association (in contrast to exclusively scholarly bodies, and exclusively professional bodies) therefore plays a particular role as a forum which brings together owners of archives, academic and amateur documentary researchers, archivists and librarians, and institutions and societies concerned with archives. History The association was formally founded in 1932, but it took over the Records Preservation Section established three years earlier in 1929 b ...
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Manor House
A manor house was historically the main residence of the lord of the manor. The house formed the administrative centre of a manor in the European feudal system; within its great hall were held the lord's manorial courts, communal meals with manorial tenants and great banquets. The term is today loosely applied to various country houses, frequently dating from the Late Middle Ages, which formerly housed the landed gentry. Manor houses were sometimes fortified, albeit not as fortified as castles, and were intended more for show than for defencibility. They existed in most European countries where feudalism was present. Function The lord of the manor may have held several properties within a county or, for example in the case of a feudal baron, spread across a kingdom, which he occupied only on occasional visits. Even so, the business of the manor was directed and controlled by regular manorial courts, which appointed manorial officials such as the bailiff, granted ...
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Frankpledge
Frankpledge was a system of joint suretyship common in England throughout the Early Middle Ages and High Middle Ages. The essential characteristic was the compulsory sharing of responsibility among persons connected in tithings. This unit, under a leader known as the chief-pledge or tithing-man, was then responsible for producing any man of that tithing suspected of a crime. If the man did not appear, the entire group could be fined. While women, clergy and the richer freemen were exempt, otherwise all men over 12 years of age were organised in the system for mutual surety. Origins The first mention of frankpledge comes in 1114–1118, with the ''Leges Henrici Primi''; but 12th-century figures like William of Malmesbury William of Malmesbury ( la, Willelmus Malmesbiriensis; ) was the foremost English historian of the 12th century. He has been ranked among the most talented English historians since Bede. Modern historian C. Warren Hollister described him as "a ... were kee ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of execut ...
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Government-granted Monopoly
economics, a government-granted monopoly (also called a "de jure monopoly" or "regulated monopoly") is a form of coercive monopoly by which a government grants exclusive privilege to a private individual or firm to be the sole provider of a good or service; potential competitors are excluded from the market by law, regulation, or other mechanisms of government enforcement. As a form of coercive monopoly, government-granted monopoly is contrasted with an '' unregulated monopoly'', wherein there is no competition but it is not forcibly excluded. Amongst forms of coercive monopoly it is distinguished from government monopoly or state monopoly (in which ''government agencies'' hold the legally enforced monopoly rather than private individuals or firms) and from government-sponsored cartels (in which the government forces ''several independent'' producers to partially coordinate their decisions through a centralized organization). Advocates for government-granted monopolies often claim ...
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Court Leet
The court leet was a historical court baron (a type of manorial court) of England and Wales and Ireland that exercised the "view of frankpledge" and its attendant police jurisdiction, which was normally restricted to the hundred courts. Etymology of leet The word "leet", as used in reference to special court proceedings, dates from the late 13th century, from Anglo-French ''lete'' and Anglo-Latin ''leta'' of unknown origin, with a possible connection to the verb "let". Early history At a very early time in medieval England, the Lord of the Manor exercised or claimed certain feudal rights over his serfs and feudal tenants. The exercise of those rights was combined with manorial administrative concerns, in his court baron. However this court had no power to deal with criminal acts. Criminal jurisdiction was held by the hundred courts; the country was divided into hundreds, and there was a hundred court for each of them. Each hundred comprised 100 hides, with each hide be ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Villein (feudal)
A villein, otherwise known as ''cottar'' or ''crofter'', is a serf tied to the land in the feudal system. Villeins had more rights and social status than those in slavery, but were under a number of legal restrictions which differentiated them from the freeman. Etymology Villein was a term used in the feudal system to denote a peasant (tenant farmer) who was legally tied to a lord of the manor – a villein in gross – or in the case of a villein regardant to a manor. Villeins occupied the social space between a free peasant (or "freeman") and a slave. The majority of medieval European peasants were villeins. An alternative term is serf, despite this originating from the Latin , meaning "slave". A villein was thus a bonded tenant, so he could not leave the land without the landowner's consent. Villein is derived from Late Latin ''villanus'', meaning a man employed at a Roman villa rustica, or large agricultural estate. The system of tied serfdom originates from ...
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Amercement
An amercement is a financial penalty in English law, common during the Middle Ages, imposed either by the court or by peers. The noun "amercement" lately derives from the verb to amerce, thus: the king amerces his subject, who offended some law. The term is of Anglo-Norman origin (Law French, from French, from Latin), and literally means "being at the mercy of": ''a-merce-ment'' (English ''mercy'' is cognate). While it is often synonymous with a fine, it differs in that a fine is a fixed sum prescribed by statute and was often voluntary, while an amercement is arbitrary. Amercements were commonly used as a punishment for minor offences (such as trespassing in the king's forest), as an alternative to imprisonment. History Early Norman rule This system of amercements is found in working order as early as the Norman Conquest of 1066, but was still regarded as an innovation at the accession in 1100 of Henry I. As the number of entities having legal jurisdiction over a given location ...
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Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ...
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