The Assize of Arms of 1252, also called the Ordinance of 1252, was a proclamation of King Henry III of England concerning the enforcement of the Assize of Arms of 1181, and the appointment of constables to summon men to arms, quell breaches of the peace, and to deliver offenders to the sheriff. [1] [2] [3] British historian, F.M. Powicke identified that it was actually issued on 12 May 1242, but was subsequently transcribed incorrectly. [4]
Along with the Ordinance of 1233 that required the appointment of watchmen, the appointment of constables has been cited as one of the earliest creation of the English police, as has the Statute of Westminster 1285. [2] [5] [6]
Stubbs saw the significance of the writ of ordinance as the bringing together of two separate but long-standing modes of ensuring peace and defence, [7] expanding the 1181 Assize of Arms by adding the system of watch and ward, and pointing the way forward to subsequent legislation along similar lines by Edward I and Henry IV. [8]
Frederic William Maitland was an English historian and jurist who is regarded as the modern father of English legal history. From 1884 until his death in 1906, he was reader in English law, then Downing Professor of the Laws of England at the University of Cambridge.
The Statutes of Mortmain were two enactments, in 1279 and 1290, passed in the reign of Edward I of England, aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation, such as the Church, was known as mortmain, which literally meant "dead hand". In medieval England, feudal estates generated taxes for the King, principally on the grant or inheritance of the estate. If an estate became owned by a religious corporation which could never die, could never attain majority, and could never be attainted for treason, these taxes never became payable. It was akin to the estates being owned by the dead, hence the term.
The Charter of Liberties, also called the Coronation Charter, or Statutes of the Realm, was a written proclamation by Henry I of England, issued upon his accession to the throne in 1100. It sought to bind the King to certain laws regarding the treatment of nobles, church officials, and individuals. The nineteenth-century historians Frederick Maitland and Frederick Pollock considered it a landmark document in English legal history and a forerunner of Magna Carta.
The legal term peace, sometimes king's peace or queen's peace, is the common-law concept of the maintenance of public order.
The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery which would set in motion a series of events eventually leading to a trial in one of the medieval common law courts. Each writ entailed a different set of procedures and remedies which together amounted to the "form of action".
Henry of Bracton, also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English cleric and jurist.
The Assize of Arms of 1181 was a proclamation of King Henry II of England concerning the obligation of all freemen of England to possess and bear arms in the service of king and realm and to swear allegiance to the king, on pain of "vengeance, not merely on their lands or chattels, but on their limbs". The assize stipulated precisely the military equipment that each man should have according to his rank and wealth. The assize effectively revived the old Anglo‐Saxon fyrd duty. The Assize established restrictions on weapon possession by Jews, terms of inheritance, and prohibition of exports of arms, ships and timber.
Every knight was forced to arm himself with a coat of mail, and shield and lance; every freeholder with lance and hauberk, every burgess and poorer freeman with lance and an iron helmet. This universal levy of the armed nation was wholly at the disposal of the king for defense. ... By his Assize of Arms Henry restored the Ancient Anglo-Saxon Militia System, and supplied the requisite counterbalance to the military power of the great feudatories, which, notwithstanding the temptation to avoid service by payment of scutage, they were still able and too willing to maintain.
In all these measures we may trace one main object, the strengthening of the Royal power, and one main means, or directing principle—the doing so by increasing the safety and security of the people. Whatever was done to help the people, served to reduce the power of the great feudal baronage, to disarm their forces, to abolish their jurisdictions, to diminish their chances of tyranny.
Watchmen were organised groups of men, usually authorised by a state, government, city, or society, to deter criminal activity and provide law enforcement as well as traditionally perform the services of public safety, fire watch, crime prevention, crime detection, and recovery of stolen goods. Watchmen have existed since earliest recorded times in various guises throughout the world and were generally succeeded by the emergence of formally organised professional policing.
In English law, the assize of novel disseisin 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.
Events from the 1250s in England.
In English law, the assize of darrein presentment 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.
In English law, the assize of mort d'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.
The history of law enforcement in the United Kingdom charts the development of law enforcement in the United Kingdom and its predecessor states. It spans the period from the Middle Ages, through to the development of the first modern police force in the world in the nineteenth century, and the subsequent modernisation of policing in the twentieth and twenty-first centuries.
The Tractatus de legibus et consuetudinibus regni Angliae, often called Glanvill treatise, is the earliest treatise on English law. Attributed to Ranulf de Glanvill and dated 1187–1189, it was revolutionary in its systematic codification that defined legal process and introduced writs, innovations that have survived to the present day. It is considered a book of authority in English common law.
The Statute of Winchester of 1285, also known as the Statute of Winton, was a statute enacted by King Edward I of England that reformed the system of Watch and Ward (watchmen) of the Assize of Arms of 1252, and revived the jurisdiction of the local courts. It received royal assent on 8 October 1285.
Assize of Arms may refer to:
Walter de Huntercombe, 1st Baron Huntercombe (1247–1313) was an English military commander during the Wars of Scottish Independence and a Governor of Edinburgh Castle.
In the United States, there is no consistent use of the office of constable throughout the states; use may vary within a state. A constable may be an official responsible for service of process: such as summonses and subpoenas for people to appear in court in criminal and/or civil matters. They can also be fully empowered law enforcement officers. Constables may have additional specialized duties unique to the office. In some states the constable is an elected or appointed position at the state or local level of local government. Their jurisdiction can vary from statewide to county/parish and local township boundaries based on the state's laws.
The origin of the exception goes back in English history to the Ordinance of 1233 which instituted night-watchmen, and directed them 'to arrest those who enter vills at night and go about armed.' Later the Ordinance of 1252 mentions 'disturbers of our peace.'