Last updated

A regality was a territorial jurisdiction in old Scots law which might be created by the King or Queen only, by granting lands to a subject in liberam regalitatem, and the tract of land over which such a right extended.

A lord of regality had a civil jurisdiction equal to that of the monarch's sheriff, and more extensive criminal jurisdiction, equivalent to that of the High Court of Justiciary (except for treason). A regality was a superior jurisdiction to a barony and might be exercised over baronies within the regality. The jurisdiction was exercised by the regality court, usually presided over by the bailie or his deputy, and composed of the suitors of court, who held lands by suit of court.

Initially regalities were a part of the system of government, delegated jurisdiction, but from the 14th century, the lords of regality frequently sought to usurp royal authority and establish semi-independent domains. In the 15th century, regalities again became a means of governing by delegated authority. Regalities and regality jurisdictions were abolished by the Heritable Jurisdictions (Scotland) Act 1746.

See also


Related Research Articles

Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called "courts of equity" or "courts of chancery".

<span class="mw-page-title-main">Baron</span> Title of nobility in Europe

Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knight, but lower than a viscount or count. Often, barons hold their fief – their lands and income – directly from the monarch. Barons are less often the vassals of other nobles. In many kingdoms, they were entitled to wear a smaller form of a crown called a coronet.

Martin v. Hunter's Lessee, 14 U.S. 304 (1816), was a landmark United States Supreme Court case decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in civil matters of federal law.

<span class="mw-page-title-main">Marcher Lord</span> English noble appointed to protect the border with Wales

A Marcher lord was a noble appointed by the king of England to guard the border between England and Wales.

In English history, praemunire or praemunire facias refers to a 14th-century law that prohibited the assertion or maintenance of papal jurisdiction, or any other foreign jurisdiction or claim of supremacy in England, against the supremacy of the monarch. This law was enforced by the writ of praemunire facias, a writ of summons from which the law takes its name.

Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord.

<span class="mw-page-title-main">Bailiff</span> Manager, overseer or custodian

A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly.

The Commerce Clause describes an enumerated power listed in the United States Constitution. The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause.

<span class="mw-page-title-main">Tribal sovereignty in the United States</span> Type of political status of Native Americans

Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via treaties. As the U.S. accelerated its westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew nevertheless. The Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tribal nations as "domestic dependent nations" and uses its own legal system to define the relationship between the federal, state, and tribal governments.

<span class="mw-page-title-main">County palatine</span> Area with special autonomy from the rest of a kingdom or empire

In England, Wales and Ireland a county palatine or palatinate was an area ruled by a hereditary nobleman enjoying special authority and autonomy from the rest of a kingdom. The name derives from the Latin adjective palātīnus, "relating to the palace", from the noun palātium, "palace". It thus implies the exercise of a quasi-royal prerogative within a county, that is to say a jurisdiction ruled by an earl, the English equivalent of a count. A duchy palatine is similar but is ruled over by a duke, a nobleman of higher precedence than an earl or count.

<i>Constitution Act, 1867</i> Primary constitutional document of Canada

The Constitution Act, 1867, originally enacted as the British North America Act, 1867, and referred to as the BNA Act or the Act, is a major part of the Constitution of Canada. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. The British North America Acts, including this Act, were renamed in 1982 with the patriation of the Constitution ; however, it is still known by its original name in United Kingdom records. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.

The court leet was a historical court baron of England and Wales and Ireland that exercised the "view of frankpledge" and its attendant police jurisdiction, which was normally restricted to the hundred courts.

A prerogative court is a court through which the discretionary powers, privileges, and legal immunities reserved to the sovereign were exercised. In England in the 17th century a clash developed between these courts, representing the crown's authority, and common law courts. Prerogative courts included the Court of the Exchequer, the Court of Chancery, and the Court of the Star Chamber. Their procedures were flexible and not limited by common law procedures. The Star Chamber became a tool of Charles I employed against his enemies, and was abolished by parliament. A parallel system of common law courts was grounded in Magna Carta and property rights; the main common law courts were the Court of the King's Bench and the Court of Common Pleas.

<i>Advocatus</i> Medieval office-holder

During the Middle Ages, an advocatus was an office-holder who was legally delegated to perform some of the secular responsibilities of a major feudal lord, or for an institution such as an abbey. Many such positions developed, especially in the Holy Roman Empire. Typically, these evolved to include responsibility for aspects of the daily management of agricultural lands, villages and cities. In some regions, advocates were governors of large provinces, sometimes distinguished by terms such as Landvogt.

Ecclesiastical jurisdiction signifies jurisdiction by church leaders over other church leaders and over the laity.

<span class="mw-page-title-main">Law of heraldic arms</span>

The law of heraldic arms governs the "bearing of arms", that is, the possession, use or display of arms, also called coats of arms, coat armour or armorial bearings. Although it is believed that the original function of coats of arms was to enable knights to identify each other on the battlefield, they soon acquired wider, more decorative uses. They are still widely used today by countries, public and private institutions and by individuals. The earliest writer on the law of arms was Bartolus de Saxoferrato. The officials who administer these matters are called pursuivants, heralds, or kings of arms. The law of arms is part of the law in countries which regulate heraldry, although not part of common law in England and in countries whose laws derive from English law.

A moot hill or mons placiti is a hill or mound historically used as an assembly or meeting place, as a moot hall is a meeting or assembly building, also traditionally to decide local issues. In early medieval Britain, such hills were used for "moots", meetings of local people to settle local business. Among other things, proclamations might be read; decisions might be taken; court cases might be settled at a moot. Although some moot hills were naturally occurring features or had been created long before as burial mounds, others were purpose-built.

<span class="mw-page-title-main">Heerlijkheid</span> Lowest administrative and judicial unit in Low Countries before 1800

A heerlijkheid was a landed estate that served as the lowest administrative and judicial unit in rural areas in the Dutch-speaking Low Countries before 1800. It originated as a unit of lordship under the feudal system during the Middle Ages. The English equivalents are manor, seigniory and lordship. The German equivalent is Herrschaft. The heerlijkheid system was the Dutch version of manorialism that prevailed in the Low Countries and was the precursor to the modern municipality system in the Netherlands and Flemish Belgium.

In the Middle Ages, the ban or banality was originally the power to command men in war and evolved into the general authority to order and to punish. As such, it was the basis for the raising of armies and the exercise of justice. The word is of Germanic origin and first appears in fifth-century law codes. Under the Franks it was a royal prerogative, but could be delegated and, from the tenth century, was frequently usurped by lesser nobles.

<span class="mw-page-title-main">Barony of Ballyane</span>

The Barony of Ballyane is a Barony in County Wexford Republic of Ireland. It was "surrendered and regranted" by the Clan Kavanagh in 1543. Diarmait Mac Murchada, King of Uí Cheinnsealaig and king of Leinster held the lands of the Barony of Ballyane in 1167. His clan of MacMurrough-Kavanagh began to regain some of their former territories in the 14th century, especially in the north of the county, principally under Art MacMurrough Kavanagh. He extended their territories and exercised control over County Wexford and over County Carlow which is located in the province of Leinster. In pre-Norman times Leinster was part of the Kingdom of Uí Cheinnsealaig, whose capital was at Ferns.