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Henry VIII Clause

Henry VIII Clause, is a provision occasionally found in legislation conferring delegated legislative power, giving the delegate the power to amend the delegating Act in order to bring that Act into full operation or otherwise by Order to remove any difficulty, and at times giving power to modify the provisions of other Acts also, Central Inland Water Transport Corporation Ltd. v. Brojo Nath, AIR 1986 SC 1571 (1614): (1986) 3 SCC 156....


Rastell

Rastell, John, and William, his son, lawyers and printers of the time of Henry VIII. John Rastell translated from the French the 'Abridgment of the Statutes prior to the time of Henry VII.' He also abridged those of Henry VII., and down tc the 23 & 24 of Henry VIII., which were printed together by the son William in 1533. This was the first abridgment in the English language.The performances which most distinguish William Rastell belong to a later period than the reign of Henry VIII. these are his collection of English Statutes printed in 1559, and his 'Entries,' printed long after his death in 1596, 4 Reeves, 418....


Provincial Constitutions

Provincial Constitutions, the decrees of provincial synods held under divers archbishops of Canterbury, from Stephen Langton, in the reign of Henry III., to Henry Chichele, in the reign of Henry V., and adopted also by the province of York in the reign of Henry VI, Lynd. Provinciale....


Curtesy of England

Curtesy of England [jus curialitatis Angli', Lat.], an estate which by favour of the law of England arises by act of law, and is that interest which a husband has for his life in his wife's fee-simple or fee-tail estates, generalor special, aftr her death.Tenancy by the curtesy has been abolished by the (English) A.E. Act, 1925, s. 45, with regard to the inheritance of every person dying after 1925, but undr s. 130, (English) L.P. Act, 1925, curtesy will arise as an equitable interest in any property realor personal as an incident to an equitable intrest in-tail and in default of a disentailing assurance or the exercise of the testamentary power conferred by that Act, see sub-s. 4 ibid., and see the 12th Schedule to the (English) L.P. Act, 1922, in regrd to enfranchised copyholds.There are six circumstances necessary to the existence of this estate (which appears to be unaffected by the (English) Married Women's Property Act, 1882):--(1) A canonicalor legal marriage.(2) Seisin of the w...


Defender of the Faith

Defender of the Faith [ fidei defensor, Lat.], a title of the Sovereign of England, as Catholic is of the King of Spain, and Most Christian was of the King of France. It is still stamped (F.D. or Fid. Def.) on British coins. These titles were originally given by the Pope; and that of Defensor Fidei was first conferred in 1521 by Leo. X. on henry VIII. (but personally only), as a reward for writing against Martin Luther. In 1538 Pope Paul III., on King Henry's suppressing the monasteries, in the Bulla citatoria regis Angli' 'delivered over Henry's soul to the devil, and his dominions to the first invader,' without, however, expressly withdrawing the title; but by 35 Hen. 8, c. 3, the title was expressly given by Parliament, and has continued to be used by all succeeding Sovereigns of this country to this day, notwithstanding the repeal of 35 Hen. 8, c. 3, by 1 & 2 Ph. & M. c. 8, s. 4 (or 20), and the continuation of that repeal by 1 Eliz. c. 1, s. 4 (or 13). See Introduction to the 1901...


Poursuivant

Poursuivant, a king's messenger; those employed in martial causes were called Poursuivants-at-Arms.There are, at present, in the Heralds' Office four poursuivants, distinguished by the names following:-(1) Rouge Croix.--Instituted at an uncertain period, but generally considered to be the most ancient. The title was doubtless derived from the cross of St. George.(2) Blue Mantle..--An office instituted by Edward III. or Henry V., and named either in allusion to the colour of the arms of France or to that of the robes of the Order of the Garter.(3) Rouge Dragon.--This poursuivancy was founded by Henry VII. on the day before his coronation, the name being derived from the ensign of his ancestor, Cadwaladyr. He also assumed a red dragon as the dexter supporter of his arms.(4) Portcullis.--This office was instituted by the same monarch, from one of whose badges the title was derived. See HERALD. As to the office of Paurguivant of the Great seal, ss. 37 & 38, Vict. C. 81....


Suffragan

Suffragan. Bishops are styled suffragan, a word signifying deputy, in respect of their relation to the archbishop of their province. But formerly each archbishop and bishop had also his suffragan to assist him in conferring orders, and in other spiritual parts of his office within his diocese. These are called suffragan bishops, and resemble the chorepiscopi, or bishops of the country, in the early times of the Christian Church. How this inferior order of bishops may be appointed and consecrated for twenty-five towns therein specified (including Thetford, Grantham, and Gloucester) is regulated by 26 Hen. 8, c. 14, which enacts that every archbishop and bishop disposed to have a suffragan should name to the king 'two honest and discreet spiritual persons, being learned and of good conversation,' and that each of them should request the king to appoint one of them. Notwithstanding this statute, it was not until very recent years, when the suffragans were appointed for a few of the specif...


Register of writs

Register of writs, an old book in which new forms of original writs were entered. The Register of Writs is said to be the oldest book in the law-a character which may, in a great measure, be true, but should not be allowed without some consideration. It is not more certain than extraordinary that the forms of writs were settled in their substance and language very nearly in the manner in which they were drawn ever after. However, this uniformity was not so exact as that the writs published and used in the reign of Henry VIII. were all of them identically the same with those used at the first origin of this invention, in the reign of Henry II. It is not to be wondered at that there should be a difference in these forms at their infancy, and at this advanced state of our law; but it is remarkable that the difference should be no small, Reeves, 426; Co. Litt. 16 b, 37 b, 159 a....


Magna Carta

Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...


King

King, the head and governor of a country. The King, under his present style or title, George VI., by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India, derives his title from the Act of Settlement of 1700 (12 & 13 Wm. 3, c. 2), by which the Crown 'of England, France and Ireland' was settled, after the death of William III. and Princess Anne without issue on the Electress Sophia of Hanover 'and the heirs of her body being Protestants'; the Union with Scotland Act, 1706 (6 Anne, c. 11), which constituted one kingdom of Great Britain; and the Union with Ireland Act, 1800 (39 & 40 Geo. 3, c. 67), as varied by the Government of Ireland Act,1920 (10 & 11 Geo. 5, c. 67), and the Royal and Parliamentary Titles Act, 1927 (17 Geo. 5, c. 4), whereby 'United Kingdom' shall, on and after the 12th April, 1927, mean Great Britain and Northern Ireland, Southern Ireland having ceased to b...


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