Assize of darrein presentment
Encyclopedia
In English law
, the Assize of darrein presentment ("last presentation") was an action brought to enquire who was in fact the last patron to present a benefice
to a church then vacant, of which the plaintiff complained that he was deforced or unlawfully deprived by the defendant. The action was related to the aristocratic privilege
often associated with a fee
, of the right to appoint a parson to a particular parish. This privilege was known as an advowson
.
It was one of the so-called "petty assizes" established by the Assize of Clarendon
by Henry II
in 1166. Like the other two assizes, it was abolished in 1833.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, the Assize of darrein presentment ("last presentation") was an action brought to enquire who was in fact the last patron to present a benefice
Benefice
A benefice is a reward received in exchange for services rendered and as a retainer for future services. The term is now almost obsolete.-Church of England:...
to a church then vacant, of which the plaintiff complained that he was deforced or unlawfully deprived by the defendant. The action was related to the aristocratic privilege
Privilege
A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth...
often associated with a fee
Fiefdom
A fee was the central element of feudalism and consisted of heritable lands granted under one of several varieties of feudal tenure by an overlord to a vassal who held it in fealty in return for a form of feudal allegiance and service, usually given by the...
, of the right to appoint a parson to a particular parish. This privilege was known as an advowson
Advowson
Advowson is the right in English law of a patron to present or appoint a nominee to a vacant ecclesiastical benefice or church living, a process known as presentation. In effect this means the right to nominate a person to hold a church office in a parish...
.
It was one of the so-called "petty assizes" established by the Assize of Clarendon
Assize of Clarendon
The Assize of Clarendon was an 1166 act of Henry II of England that began the transformation of English law from such systems for deciding the prevailing party in a case as trial by ordeal or trial by battle to an evidentiary model, in which evidence and inspection was made by laymen...
by Henry II
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
in 1166. Like the other two assizes, it was abolished in 1833.
Further reading
- Sutherland, Donald W. The Assize of Novel Disseisin. Oxford University Press. 21 June 1973. ISBN 0198224109.
- Pollock, Sir Frederick and Frederic William Maitland. The History of English Law Before the Time of Edward I. The Lawbook Exchange Ltd. 2nd edition. 30 Sept 1996. ISBN 1886363226.