Henry - Law Dictionary Search Results
Home Dictionary Name: henryHenry 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...
Clarendon, constitutions of, assize of
Clarendon, constitutions of, assize of. At a great council held at Clarendon, in Wiltshire, A.D. 1164, in the tenth year of the reign of Henry II., a code of laws was brought forward by the king, under the title of the ancient customs of the realm and known as the 'Constitutions of Clarendon'; and as Becket had solemnly promised he would observe what were really such, the king procured the principal propositions in dispute to be enacted, and declared by the council under that denomination. The main provisions of them were that clergy charged with crimes were to be tried in the civil courts, and that a justice of the king should be present in the king's courts; that no prelate was to quit the realm without the king's permission; that prelates were to be subject to feudal burdens; that the king was to hold all vacant benefices and receive their revenues till the vacancies were filled; and that goods forfeited to the Crown were not to be protected by sanctuary.As in the Constitutions of C...
Earl
Earl [fr. eorl, Sax.; eoryl, Erse; comes, Lat.], a title of nobility, formerly the highest in England, now the third, ranking between a marquis and a viscount, and corresponding with the French Comte and the German Graf. The title originated with the Saxons, and is the most ancient of the English peerage. William the Conqueror first made it hereditary. An earl has an hereditary seat in the House of Lords. In official instruments he is called by the sovereign 'trusty and well-beloved cousin,' an appellation as ancient as the reign of Henry IV., who was, as a fact, related to the greater part of the nobles (see Shakespeare's Henry IV., Second Part, Act 2, sc. 2), and took this public notice of it as a means of popularity.A title of nobility, formerly the highest in England but now the third highest ranking between marquis and a viscount, Black's Law Dictionary, 7th Edn., p. 525.Earl, is the third degree of peerage in order of precedence, but the first in antiquity. (Cruise on Dignities (...
Herald
Herald [fr. here, Sax., an army, and heald, a champion; herault, heraut, Fr.; herald, Ger.; araldo, Ital.; because it was part of his office to charge or challenge unto battle or combat], an officer who registers genealogies, adjusts ensigns armorial, regulates funerals, and carries messages between princes, and proclaims war and peace. Heralds were anciently called Dukes at Arms, probably from the Latin ducere ad arma; because the conducting of affairs concerning peace and war devolved upon them, their office being to carry messages to the enemy, and to proclaim war and peace. Hence the persons of heralds were deemed sacred by the law of nations, and were received and protected by belligerent powers, as flags of truce are in the present day. The three chief heralds are called Kings of Arms; of whom (1) Garter is the principal, instituted by Henry V. His office is to attend the Knights of the Garter at their solemnities, and to marshal the funerals of the nobility. (2) Clarencieux King...
Idem sonans
Idem sonans (sounding alike). A wrong or unsuit-able name. The courts will not set aside proceed-ings on account of the mispronunciation or mistake of names sounding alike, unless substantial in-justice has been done. See Reg. v. Mellor, (1858) 27 LJQB 121, where on a trial for murder it was discovered after conviction that Joseph Henry Thorne and William Thorniley, having both been on the panel, William Thorniley had by mistake answered to the name of Joseph Henry Thorne, and been sworn. Seven judges to six held that the conviction ought not to be set aside, two of them only on the ground of want of jurisdiction in the Court for Crown Cases Reserved (see CROWN CASES RESERVED); and see also Wells v. Cooper, (1874) 30 LT 721, where in an action of trespass Thomas Cox, a special juror, served by mistake for Thomas Fox on a common jury. And see MISNOMER....
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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