Difference between revisions of "MRP: Research questions"

Latest revision as of 23:14, December 28, 2011

Research questions

Editorial history

22/08/11, CSG: Created page

This page provides a list of priority research questions for discussion and potentially for new primary and secondary research work.

The list has been revised to reflect research priorities as of w/c September 19th, 2011 and is subject to revision as priorities change and questions are resolved or fall away.

The focus of the project is currently on finishing a draft book chapter by end September. A first draft of Chapter Five has now been completed ('Elizabeth and the law').

To complete the draft Chapter Five knowledge needs to be strengthened in terms of geographical, legal and social context, and in terms of legal and financial challenges faced by the Dallison family in the 1631-1642 period.

A push is required to understand the land holdings, lease structures, lease negotiations, and litigation over the Dallison land holdings in and around Halling, Kent (1550-1669)

Documents to image, Friday, 28th October 2011

Tobell Aylmer litigation related

PROB 11/244 Aylett 51-106 Will of Sir Francis Williamson of Isleworth, Middlesex 28 August 1655 (See C5/15/3 f. 1 )

PROB 11/45 Streat Will of Francis Clovile of West Hanningfield, Essex 19 June 1562 (See C6/130/5 f. 1)
PROB 11/75 Drury 1-47 Will of Eustace Clovill of West Hanningfield, Essex 12 February 1590 (See C6/130/5 f. 1)
PROB 11/193 Rivers 57-110 Will of Sir Henry Clovyle of West Hanningfield, Essex May 1645 (See C6/130/5 f. 1)

PROB 11/340 Eure 108-157 Will of Edward Shelton 16 November 1672 (See C6/130/5 f. 2)

PROB 11/173 Goare 1-58 Will of Timothy Hollingshead, Haberdasher of Clewer, Berkshire 13 January 1637 (See C10/12/128 f. 1)

Sir James Oxinden litigation related

PROB 11/187 Evelyn 105-155 Will of Maximillian Dancey, Gentleman and Water Bailiff of Dover, Kent 10 December 1641
PROB 11/210 Fairfax 154-193 Will of John Du Moulin 06 December 1649
PROB 11/208 Fairfax 58-116 Will of Horton Drayton, Auditor and Register of Christchruch Canterbury, Kent 19 July 1649
PROB 11/227 Brent 110-165 Will of Valentine Austin or Austine of Adisham, Kent 19 August 1653
PROB 11/227 Brent 110-165 Will of George Petman, Yeoman of Egerton, Kent 27 June 1653

Robert Raworth litigation related

PROB 11/307 Laud 1-52 Will of Edmond [alias Edmund]Winstanley, Gentleman of Saint Andrew Holborn, Middlesex 07 June 1662 (See C6/133/9 f. 3)

PROB 11/211 Pembroke 1-54 Will of Sir Thomas Fotherley of Rickmansworth, Hertfordshire 15 January 1650 (See C6/133/9 f. 3)
PROB 11/405 Vere 93-139 Will of Sir Thomas Fotherley of Rickmansworth, Hertfordshire 04 June 1691 (See C6/133/9 f. 3)
PROB 11/357 Reeve 56-105 Will of Sir Thomas Alston of Odell, Bedfordshire 19 July 1678 (See C6/133/9 f. 3)

Wrilliam Ryder litigation related

PROB 11/293 Pell 350-399 Will of Phillip Scarth, Merchant Tailor of London 03 June 1659

(All below C10/58/29 f. 1)
PROB 11/132 Meade 66-127 Will of Roger Gomeldon, Skinner of London 19 November 1618
PROB 11/202 Fines 202-260 Will of Cicely Gomeldon, Widow of Saint Mary Axe, City of London 18 October 1647
PROB 11/357 Reeve 56-105 Will of Richard Gomeldon, Gentleman of London 27 September 1678
PROB 11/358 Reeve 106-156 Sentence of Richard Gomeldon, Gentleman of Saint Peter le Poer, City of London 10 October 1678
PROB 11/403 Vere 1-47 Will of William Gomeldon, Skinner of London 16 January 1691
PROB 11/476 Ash 89-131 Will of Thomas Gomeldon of Selling, Kent 16 May 1704

(All below C10/58/29 f. 2)
PROB 11/212 Pembroke 55-109 Will of Thomas Marsham or Marscham of London 03 April 1650

• This is probably the correct will for Thomas Marsham, deceased, mentioned in the above Chancery suit

PROB 11/227 Brent 110-165 Will of Thomas Marsham, Haberdasher of London 26 August 1653
PROB 11/368 North 142-189 Will of Ferdinand Marsham, Gentleman of London 17 November 1681

• This is probably one of the two executors of Thomas Marsham mentioned in the above Chancery suit

PROB 11/380 Cann 52-107 Will of Sir John Marsham of Cuxton, Kent 30 May 1685

Other EEIC litigation related

PROB 11/344 Bunce 1-53 Will of Jarvis Cartwright, Merchant of London 13 January 1674 (See C10/99/64_f._1)
PROB 11/323 Carr 1-58 Will of William Porter, Mariner of All Hallows Barking, City of London 13 March 1667 (See C10/99/64_f._1)

Land and lease questions

(1) What land holdings were leased by the Dallison family and how did these change over time?
- Location; field names; acreage; rental values?

(2) Did the Dallison family farm any land directly, or were they simply a land lord with sub-tenants?

(3) What mix of crops and livestock were farmed in lower Medway parishes (Snodland, Halling, Wouldham, and Cuxton) in the late C16th and early C17th? What were the economics of these riverine parishes?
- Did these riverine parishes include chalk downland within their bounds, and did the field ownership of the Dallison, Leveson, and other big estates combine very varied soil and field types (e.g. combining down upland sheep summer grazing with salt and freshwater marshes for winter grazing and fattening?)
- What can be gleaned from the Whorne estate map, 1670, and the Halling, Cuxton and Snodland tithe maps of. c.1843?

(4) How did the Dallison management of their estate compare with the Oxendens and with other Kent families in the 1620-1670 period?

(5) What was the law relating to land leases, reversions, buying out reversions?

Overarching legal and financial questions

The overarching legal and financial questions are:

(1) How bad a financial hand were William & Elizabeth dealt at their marriage (which had been immediately preceeded by the death of William's father, Sir Maximilian Dallison, and which was followed within days by the death of William's mother). Sir Maximilian Dallison appears to have had significant problems with his estate. What were they?

• • See C 142/483/82 Dallyson, Maximilian, knight: Kent 8 Charles I
  • Look at C 142/483/82 and subsequent suits in 1640s over William's estates in context of a Halling estate plan, drawn in 1632 (copy being obtained by CSG from Snodland museum library)

(2) What were William Dallison's financial troubles between 1631 and 1642? What can we learn from litigation following his death and from the post mortem inquisition?

• • See C 3/429/50 Stone v. Dalison, 1640-1642
  • See C 142/623/52 Dallyson, William, Kent 20 Charles I
  • See C 6/2/39 Dallyson v Maplesden, 1641
  • See WARD 7/99/92 Dallyson, William: Kent 20 Chas I

(3) What legal actions were underway involving William and/or Elizabeth Dallison and their estates during the period 1631 and 1642? Who brought the actions and why? What can we learn of process, lawyers and other actors, and costs?

Geographical questions

The focus for the end of the w/c 23/08/11 is a field trip to the Kent North Weald and to the Medway valley. The objective of this trip, and preparatory secondary research work, is to develop an understanding of the current (and former) physical (and social) geography of this area. This is the geographical area in which Elizabeth Dallison, her son Maximilian, her son's father-in-law (Thomas Stanley), his business partner (Barnabas Walsall), Elizabeth's sister Jane and her brother-in-law, Sir Thomas Piers, lived at various times in the 1630-1669 time period.

• How homogenous an area is encompassed by Seal, Plaxtol, West Peckham, and Mereworth? How does Wrotham link to these places? How do these places link to the North Downs, to the Weald, and to the Medway (and Darenth) river valleys? How do they link to the larger Kent towns now, and in the early C17th? Ditto for London? Were there any cross-Thames links into Essex?

• How does Halling link to the above places named and to Rochester, Chatham and Gillingham, now and in the early C17th?

- It seems likely that there were strong links along the north shore of the river Medway between Snodland to the south of Halling and Cuxton to the north
- Try looking at estate maps for Halling/Cuxton/Snodland. See 'A description of the manor of Halling in Kent', copy (1634) in Snodland Museum library. See 'Map of lands in Halling and Snodland, Kent, belonging to the Bishop of Rochester granted on lease to Thomas Dalison Esq' , copy. (1832, includes many details from 1634 map) in Snodland Museum library. See. 'Hand-drawn map of Whorne’s Place Estate, Cuxton and Halling, 400 acres, owned by Sir John Marsham', original, 34 ½” x 18” (875mm x 460mm), 1674 (RCA, 06a_DE_SERIES_1001_1200/DE1016)

• How did Maidstone link economically to its hinterland, to the Medway valley, to the Thames estuary and to other parts of Kent. Ditto for Rochester?

Supplementary questions

• Agricultural & commercial & maritime activities in Hoo peninsular and Isle of Grain? Were these areas primarily salt marsh in C17th? Were docks already on Isle of Grain in 1H C17th?

- Look at Kent Hearth tax data for 1660s
- Look at - Mary J. Dobson, Contours of Death and Disease in Early Modern England (Cambridge, 1997), which concentrates on south-east England, and includes maps and analysis of marsh and malarial areas in C17th. See especially Part 1: 'Landscapes of the past: Ch 1: Airs, waters and places Ch. 2 Regional and local settings', pp.9-80; Part 3: 'Environments and movements of disease: Ch. 6 Marshlands, mosquitoes and malaria', pp.287-367; andPart 4: 'Contours of death; contours of health: Ch. 8: The epidemiological landscapes of the past', pp.493-539. See especially Plates 1.2 'An olfactory map of south-east England', p.14; 2.3 'The geographical distribution of population in south-east England, c. 1670s and c. 1801', p.52; Plate 2,4 'Lambarde's three steps or degrees of Kent', p. 54; Plate 2.5 'The geographical units of Essex, Kent and Sussex', p.55; Plate 2.6 'Distribution of 'poverty' in Essex, c. 1670s', p.58; Plate 3.14 'A map of 'unhealthy' and 'healthy' parishes in Essex, Kent and Sussex, according to topographers' comments', p.124; Plate3.18 'A north-south transect across Kent from the Isle of Sheppey to Romney marsh illustrating the contours of death and the contours of health in the seventeenth century', p.148; Plate 4.7 'Annual burials and eleven-year moving averages for six Kent North Shore parishes, 1601-1800', p.200; Plate 5.1 'Worlds apart': the demographica and topographic contours of Kent', p.224; Plate 6.1 'Burial:baptism ratios (burials per 100 baptisms) along the estuary and River Medway, Kent, in the seventeenth century', p. 294; Plate 6.2 'Vicars' perceptions of Essex parishes in the eighteenth century', p. 296
- Look at Hasted's descriptions of Hoo hundred and Isle of Graine

For a map, together with links to biographical profiles and building descriptions go to - MAP_North_Weald_Kent_C17th_Houses

TO DO PRIOR TO FIELD TRIP

• Print out relevant sections of Hasted
• Print out relevant sections of Lambarde
• Continue background reading on Medway and North Weald

Legal questions

The focus for the start of the w/c 29/08/11 is on deepening our understanding of the Dallison family estates, of the estates' lease structures and legal issues, and of the timeline of events in the lives of (1) William Dallison (Elizabeth's husband) (2) Elizabeth Dallison (3) Maximilian Dallison (Elizabeth's son). The starting point should be to image, to analyse and possibly to transcribe the three pre-1645 Chancery documents listed above, together with the related document from the Court of Wards and Orphans, also listed above. All four documents are held at TNA in Kew, which is open from Tuesday - Saturday. See - National Archives: visit us.

SPECIFIC LAW SUITS AND RELATED DOCUMENTS: 1630S AND 1640S

Image, examine, and possibly transcribe:

• C 3/429/50 Short title: Stone v Dalison. Plaintiffs: Thomas Stone. Defendants: William Dalison. Subject: property in Guilford, Sussex; and Chatham, Luddesdown, Heavibatch Snodland and Halling, Kent etc. Document type: answer only. 1640-1642

- This case presumably involves William Dallison, Elizabeth Dallison's husband, who was in financial trouble, and who had in 1639 assigned the lease for the Bishops place, lands and premises for the residue and remainder of the term of 99 years to Sir James Oxinden in return for money to renew lease and for other purposes (see Sir Henry Oxinden's reply to Maximilian Dalyson's bill of complaint, C 9/49/48 Dalison v. Oxenden 1667). William Dallison died in 1642

• C 142/623/52 Dallyson, William: Kent 20 Charles I. (Inquisitions Post Mortem, Series II, and other Inquisitions, Henry VII to Charles I)

- This is probably a post mortem inquisition after the death of William Dallison, Elizabeth's husband, in 1642. The 20th year of the reign of Charles I was the year 1644. It is the same year as a Court of Wards and Liveries record for 'William Dalyson.' (see WARD 7/99/92] Dallyson, William: Kent 20 Chas I.), Presumably the inquisition will detail William's financial situation, which was not good at his death.

• WARD 7/99/92 Dallyson, William: Kent 20 Chas I.

- Presumably this document from the Court of Wards and Liveries, which is an Inquisitions Post Mortem, relates to the death of Elizabeth Dallison's husband, William. The 20th year of the reign of Charles I was the year 1644

• C 6/2/39 Short title: Dallyson v Maplesden. Plaintiffs: Maximilian Dallyson and another. Defendants: Gervase Maplesden. Subject: property in Chatham, and Gillingham, Kent. Document type: answer only. 1641

- Presumably this the plaintiff is Elizabeth Dallison's son, Maximilian, and possibly Elizabeth herself. However, Maximilian would only have been aged nine years old in 1641, and Elizabeth was his legal guardian until his marriage in 1649, and received the rents and profits of his estate during that period. The Chatham and Gillingham property mentioned in the short title is presumably the property whose lease Maximilian allegedly subsequently made over in 1654 to Sir George Oxenden. There was a Gervaise Maplesden, born in Maidstone in 1602, who appears in Boyd's 'Citizens of London.' He may also the same man whose will was proved in 1648 (See - PROB 11/203 11 January 1648 Will of Gervase Maplesden of Maidstone, Kent). A note to the - Latham & Mathews' edition of the Pepys' diary, vol. 4 (London, repr. 2000), p. 361 against Pepys' daily entry for November 2nd 1663 states that a Gervaise Maplesden was a "landowner and timber merchant of Shorne, Kent. Gervaise Maplesden and others with his family name appear in the Medway CityArk e-catalogue, with Gervaise described as "of Shorne, gent." In 1659 a 'Gervaise Maplesden' is appointed a militia commissioner by the House of Commons and is described as Mayor of Maidstone. - (See House of Commons Journal, vol. 7: August 12 1659). There is also a will for a Thomas Maplesden, gent., of Shorne, proved in 1689 (See - PROB 11/397 Ent 139 - 189 18 November 1689 Will of Thomas Maplesden, Gentleman of Shorne, Kent))
- Note, but no obvious point looking at, several other suits definitely or probably involving a Gervaise Maplesden:
-- C 25/107/8 John Osborne v Gervase Maplesden. Interrogatories 1667
-- C 2/ChasI/B21/37 Short title: Barham v Maplesden. Plaintiff: Barham esq. Defendant: Maplesden and others. Document type: [Bill and answer or answers]. Between 1625 and 1660
-- C 2/ChasI/C7/57 Short title: Colepeper v Maplesden. Plaintiff: Colepeper bart. Defendant: Maplesden. Document type: Answer. Between 1625 and 1660 (Note that Colpepper/Culpper is a local north Kent gentry name)

• C 142/483/82 Dallyson, Maximilian, knight: Kent 8 Charles I. (Inquisitions Post Mortem, Series II, and other Inquisitions, Henry VII to Charles I)

- This document is dated Kent 8 Charles I, i.e. 1632

- It is probably the post mortem inquisition after the death of William's father, prior to his marriage to Elizabeth. This document may well describe financial and legal problems in William's inherited estates. The document may well state issues which were subsequently pursued in litigation prior to William's own death (see C 3/429/50 Short title: Stone v Dalison. 1640-42)

SPECIFIC LAW SUITS AND RELATED DOCUMENTS: 1660S

This document is not the focus for the w/c 29/08/11

• C 22/58/39 Dalyson v. Oxinder (sic). Between 1558 and 1714

- This document is a high priority to look at. My guess is that it could be interrogatories and depositions in the 1667 & 1668 Dallison v. Oxenden chancery suit and counter suit regarding Elizabeth Dalyson's estate and will. The C 22 record series contains depositions in cases of equity taken by commissioners at the locality where a dispute arose and may include interrogatories and copies of commissions. Depositions usually list each deponent's name, address, age, and occupation

- It will be interesting to see the dates of the depositions and who is deposed, including whether Sir George Oxenden is deposed

Lower priority contextual legal questions

While examining the primary legal documents listed above it may be helpful to think about some of the issues and questions raised below.

However, secondary research on these topics can wait. Better to ask what can we learn about these topics from the Court of Chancery and Court of Wards and Orphans primary documents examined and how does this learning expand on what has already been learned through study of other primary legal documents earlier in this project?

COURTS

• Institutional structure of Court of Chancery in 1650-1669 period?
• Differences in 1650s vs. post restoration Chancery?
• Reputation of Court of Chancery amongst contemporaries in 1650s and 1660s vs. Court of Common Pleas (and Court of King's Bench)?
• Any specific initiatives taken by senior judicial staff in Court of Chancery in 1650s and 1660s in terms of legal process and/or legal doctrine?

LEGAL PROCESS

• Describe standard Chancery legal process in 1650-1669 period for standard actions, especially for actions relating to (1) power and title over estates (2) duties of agents and general matters of trust in commercial matters

BODY OF LAW

• Look at status of partnership and joint stock law in the mid-C17th

- See Davies, K.G., ‘Joint-stock investment in the later seventeenth century’, Economic History Review, 2nd ser., vol. IV, no. 3, pp. 283-301 ?DATE CHECK

• What were the key cases regarding the above referred to in early- and mid-C17th legal texts and in legal discussion?
• What other legal forms of commercial organisation were recognised in the mid-C17th?
• What were some of the key legal concepts relating to the operation of partnership and joint stock organisations in mid-C17th?

- See de Malynes, Gerard, Consuedo, vel, Lex Mercatoria: or, The Law Merchant: Divided into three parts, according to the Essential Parts of Traffick Necessary for All Statesmen, Judges, Magistrates, Temporal and Civil Lawyers, Mint-Men, Merchants, Mariners and Others Negotiating in all Places of the World (London, 1622)
- Malynes' Lex Mercatoria is considered a "Book of Authority," describing the law as it was in the field of merchant law at the time of publication
- See wikipedia entry on - Gerard de Malynes
- See wikipedia entry on - Lex Mercatoria
- See online edition of - de Malynes' Lex Mercaroria (1622)

• Secondary books of possible interest:

- Baker, JH , 'The Law Merchant and the Common Law' (1979) 38 Cambridge Law Journal 295
- Mitchell, W., The Early History of the Law Merchant (Cambridge, 1904)
- Gross, C., and H. Hall (eds), Selden Society, Select Cases on the Law Merchant (1908–32)
- Smith, J.W., Mercantile Law (ed. Hart and Simey, 1905).
-