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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 's ...
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English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, 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 United Kingdom l ...
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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 of the Julian calendar. Events By place Byzantine Empire * Byzantine 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. * July 5 – The town of Bad Kleinkirchheim (in modern Austria) is first mentioned, in an ecclesiastical document, in which Archbishop Conrad II of Salzburg confirms the donation of a chapel, nearby Millstatt Abbe ...
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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. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements 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 ...
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Durham, England
Durham ( , locally ) is a cathedral city and civil parish in the county of County Durham, Durham, England. It is the county town and contains the headquarters of Durham County Council, the unitary authority which governs the district of County Durham (district), County Durham. The built-up area had a population of 50,510 at the 2021 Census. The city was built on a meander of the River Wear, which surrounds the centre on three sides and creates a narrow neck on the fourth. The surrounding land is hilly, except along the Wear's floodplain to the north and southeast. Durham was founded in 995 by Anglo-Saxon monks seeking a place safe from Viking Age, Viking raids to house the relics of St Cuthbert. The church the monks built lasted only a century, as it was replaced by the present Durham Cathedral after the Norman Conquest; together with Durham Castle it is a UNESCO World Heritage Site. From the 1070s until 1836 the city was part of the County Palatine of Durham, a semi-independ ...
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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 Humber estuary 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 £50). 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 ) 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 delay, 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 at least t ...
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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 Third Lateran Council of 1179 required that the local bishop appoint to chur ...
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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 (; ) 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, Maynooth, 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 Roads in Ireland, R148 road between Leixlip and Kilcock, with the M4 motorway (Republic of Ireland), 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 (Iarnród Éireann), Commuter and InterCity (Iarnród Éireann), InterCity train services. Etymology Maynooth com ...
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Lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a 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 with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgmen ...
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Lord Chancellor Of Ireland
The Lord High Chancellor of Ireland, commonly known as the Lord Chancellor of Ireland, was the highest ranking judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 until the end of 1800, 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 ho ...
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