Revision as of 13:40, August 23, 2011

Research questions

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

The focus of the project is currently on finishing a draft book chapter by end September and it is important to keep research focussed on supporting this specific chapter, which centres on the early married life of Elizabeth Dallison, from her marriage in 1631 through to her husband's very early death in 1642.

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

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

(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 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.

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 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. 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).
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