Tag: Magna Carta
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Primer Seisin
History of Primer Seisin Primer Seisin, which is usually regarded as a separate incident, and figures as such in Blackstone’s list, is perhaps better understood, not as an incident at all, but as a special procedure—effective and summary—whereby the Crown could enforce the four incidents […]
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Escheat
History of Escheat Escheat, it has been said, “signifies the return of an estate to a lord, either on failure of issue from the tenant or upon account of such tenant’s felony.” (R. Thomson, Magna Charta, p. 236). This lucid description conveys a good general conception of escheat; but it […]
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Escheat
History of Escheat Escheat, it has been said, “signifies the return of an estate to a lord, either on failure of issue from the tenant or upon account of such tenant’s felony.” (R. Thomson, Magna Charta, p. 236). This lucid description conveys a good general conception of escheat; but it […]
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Wardship
History of Wardship Wardships are described in the Dialogus de Scaccario as “escheats along with the heir” (escaeta cum herede).(Hughes’ edition, p. 133). This expression does not occur elsewhere, but it would be impossible to find any description of wardship which throws more light on […]
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Scutage
Scutage before the Carta Magna Introduction The Crown did not always insist on personal service, but was frequently willing to accept a commutation in the form of a money payment. The subject of scutage is one of the most vexed of questions, all received opinions of yesterday having to–day […]
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Magna Carta
The Magna Carta was granted by King John, and afterwards re-enacted and confirmed by Parliament more than 30 times. The charter now in force is the statute 9 Hen 3. with which our statute book commences. It contains provisions to protect the subjects from abuse of the Royal Prerogative in […]
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Royal Courts
History of Royal Courts Origins and Henry II Originally, the King’s Court had been merely one among many feudal courts—differing in degree rather than in kind from those of the great earls or barons. The King, as feudal lord, dispensed justice among his tenants, just as any baron or […]
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History of Magna Carta
The imminent danger of finding himself at war with his own rebellious barons persuaded -in accordance to Bamber Gascoigne´ Encyclopedia of Britain about “Magna Carta”- King John to fix his royal seal (on 15 June 1215 ‘in the meadow called Runnymede between Windsor and Staines’) to this […]
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History of Magna Carta
The imminent danger of finding himself at war with his own rebellious barons persuaded -in accordance to Bamber Gascoigne´ Encyclopedia of Britain about “Magna Carta”- King John to fix his royal seal (on 15 June 1215 ‘in the meadow called Runnymede between Windsor and Staines’) to this […]
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Law and Administration under Henry II
In our last lecture we discussed Henry II in his role as a French prince trying to build and maintain a great empire out of the various territories that his parents and his wife had given him. This is probably how contemporaries, and likely Henry himself, viewed his efforts and career. […]
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Suit and Service
This phrase expresses the essential obligations inherent in the very nature of the feudal tie. It may be expanded (as regards tenure in chivalry) into the duty of attendance at the lord’s court, whether met for administrative or judicial purposes, or for reasons of mere display, and the […]
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Criminal Justice under Henry II
Assizes of Clarendon and Northampton By his Assizes of Clarendon and Northampton, Henry II reserved important crimes for the exclusive consideration of his own judges either on circuit or at his court; and he demanded entry for these judges into all franchises for that purpose. In […]
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Feudal Courts
History of Feudal Courts Feudal Courts Centuries before the Norman Conquest, the system of popular or district justice found itself confronted with a rival scheme of jurisdictions—the innumerable private courts belonging to the feudal lords. These private tribunals, known as feudal, […]
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District Courts
District Courts in England History of Local or District Courts Local or District Courts Justice was originally a local product, administered in rude tribunals which partook more or less of a popular character. Each shire had its assembly for hearing pleas, known as a “shire–moot” in […]
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Rival Courts
History of Rival Courts In the thirteenth century, there existed not one source of justice, but many. Rival courts, eagerly competing to extend their own sphere of usefulness and to increase their own fees, existed in a bewildering multitude. See more about Rival Courts below, including […]