Revision as of 11:36, August 22, 2011

Research questions

This page provides a list of priority research questions for discussion and potentially for secondary and primary research work. The list reflects research priorities as of the week commencing August 22nd 2011, and is subject to revision as priorities change and questions are resolved or fall away.

Legal questions

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 [http://en.wikipedia.org/wiki/Lex_mercatoria - 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).
-

SPECIFIC LAW SUITS AND RELATED DOCUMENTS

Image, examine, and possibly transcribe:

• C 22/58/39 Dalyson v. Oxinder. 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

• 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 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