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CUSTOMS in CONFLICT Sir John Davies, the Common Law, and the Abrogation of Irish Gavelkind and Tank Try
CUSTOMS IN CONFLICT Sir John Davies, the Common Law, and the Abrogation of Irish Gavelkind and Tank try by Adam Donald Pole A thesis submitted to the Department of History in conformity with the requirements for the degree of Master of'Arrs Queen's University at Kingston Kingston, Ontario, Canada October, 1999 copyright @ Adam Donald Pole, 1999 National Library Bibliothaue nationale I*I of Canada du Canada Acquisitions and Acquisitions et Bibliographic Services services bibliographiques 395 Wellington Street 395, rue Wellington Ol!awa ON K1A ON4 OltawaON K1AW Canada Canada The author has granted a non- L'auteur a accorde une licence noo exclusive Licence allowing the exclusive pennettant a la National Library of Canada to Bibliotheque nationale du Canada de reproduce, loan, distribute or sell reproduire, pdter, distribuer ou copies of this thesis in microform, vendre des copies de cette these sous paper or electronic formats. la forme de microfiche/film, de reproduction sur papier ou sur format electronique. The author retains ownership of the L'auteur conserve la propriete du copyright in this thesis. Neither the droit d'auteur qui protege cette these. thesis nor substantial extracts from it Ni la these ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent &re imprimes reproduced without the author's ou autrement reproduits sans son permission. autorisation. I wish to Dr. Paul Chn'stirtmonfir all his direction and suggestions in supmising this thesis, as well az the assistance of Yvonne Pkzce and thp histoly dtpamnent at Wmon Hull Secondly, thanks to my brother Simon for his proofitding florts, and the moral support of my parents, Donald andjane Po&, and my aunt and unck, Sburon and UffeBhk-Andmen. -
Blackstone, the Ancient Constitution and the Feudal Law
Edinburgh Research Explorer Blackstone, the Ancient Constitution and the Feudal Law Citation for published version: Cairns, JW 1985, 'Blackstone, the Ancient Constitution and the Feudal Law', Historical Journal, vol. 28, pp. 711-717. https://doi.org/10.1017/S0018246X00003381 Digital Object Identifier (DOI): http://dx.doi.org/10.1017/S0018246X00003381 Link: Link to publication record in Edinburgh Research Explorer Document Version: Publisher's PDF, also known as Version of record Published In: Historical Journal Publisher Rights Statement: ©Cairns, J. (1985). Blackstone, the Ancient Constitution and the Feudal Law. Historical Journal, 28, 711-17doi: http://dx.doi.org/10.1017/S0018246X00003381 General rights Copyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorer content complies with UK legislation. If you believe that the public display of this file breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 27. Sep. 2021 The Historical Journal, 28, 3 (1985), pp. 711-717 Printed in Great Britain BLACKSTONE, THE ANCIENT CONSTITUTION AND THE FEUDAL LAW* JOHN CAIRNS University of Edinburgh -
Customary Law, the Crown and the Common Law: Ancient Legal Islands in the Post-Colontal Stream
CUSTOMARY LAW, THE CROWN AND THE COMMON LAW: ANCIENT LEGAL ISLANDS IN THE POST-COLONTAL STREAM by RICHARD DALE PESKLEVITS B.A., Simon Fraser University, 1994 LL.B., Queen's University, Kingston, 1997 A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS in THE FACULTY OF GRADUATE STUDIES (Faculty of Law) We accept this thesis as conforming to the required (staindard THE UNIVERSITY OF BRITISH COLUMBIA March 2002 © Richard Dale Pesklevits 2002 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. la. The University of British Columbia Vancouver, Canada DE-6 (2/88) Abstract This thesis is a cross-disciplinary study of legal history and customary law. Respect for, and accommodation of local customary law has been a constant and integral feature of law in Britain since Anglo-Saxon times. It guided the emergence of the common law, and continues as a rule of law to the present day. Such respect and accommodation was an essential principle that permitted the peaceful consolidation of the British realms from its constituent parts. Continuity of law is a legal presumption whether territories have been added by conquest, cession or annexation. -
Welsh Tribal Law and Custom in the Middle Ages
THOMAS PETER ELLIS WELSH TRIBAL LAW AND CUSTOM IN THE MIDDLE AGES IN 2 VOLUMES VOLUME I DEDICATED TO THE MEMORY OF HYWEL DDA WHO RULED IN WALES A THOUSAND YEARS AGO AND WHO TO THIS DAY PERSONIFIES TO HIS PEOPLE LAW AND JUSTICE PREFACE ' THE history of Great Britain rises on a rock-bed of fi I. THE pages that follow contain an attempt at explain- Celtic institutions and customs. They (i. e, surveys, &c. ing the social and legal system under which the Welsh relating to Wales) elucidate the working of the tribal people lived in the last three or four centuries of indigenous system more completely than any other documents of European history.' (Sir Paul Vinogradoff, F.B.A., D.C.L., rule. Corpus Professor of Jurisprudence in the University of Such studies of that system as have hitherto been pub- Oxford : preface to the Survey of the Honour of Denbigh, lished have been confined, very largely, to explanations of 1334.) the tribal organization and of the tenure of the land, with ' Au point de vue intellectuel, les Lois sont le plus grand incidental references only to other important branches of titre de gloire des Gallois. L'Bminent jurisconsulte alle- the law. Many of these studies appear to have been coloured mand, Ferd. Walter, constate qu'8 ce point de vue les Gallois ont Jaiss6 bien loin derriere eux les autres peuples by the use of the so-called Triads of Dyfnwal Moelmud, du moyen %ge (Das aIte Wales, p. 354). Elles prouvent admittedly a compilation of the sixteenth or seventeenth chez eux une singuliere prkcision, une grande subtilit6 century, which have been regarded as embodying survivals d'esprit, et une singuliere aptitude B la spkculation philo- of the most ancient tradition. -
1 People, Space, and Law in Late Medieval and Early Modern Britain and Ireland
1 People, space, and law in late medieval and early modern Britain and Ireland* ‘In England, to all appearance, law very rapidly became territorial, and he was a West-Saxon who lived in Wessex.’1 Law is one instrument of government: a discourse of authority central to claiming, peopling, exploiting, and keeping spaces.2 It is ‘an arm of politics and politics was one of its arms’.3 Historians have charted how law could be used to integrate a polity (Wales with England) or to change its social characteristics (the project to ‘civilize’ Ireland) or to mark out its separateness (the guarantee of Scots private law at the Union of 1707).4 Since the era of the great Whig historians of the nineteenth century, law and history have diverged and British social historians have paid scant attention to law as an institutional basis for difference and something which shapes (and is shaped by) local ‘manners’, customs, and habits.5 Yet law itself is of historical significance, not just a filter through which we perceive the people of the past, not an epiphenomenon of something else, and not a marginal curiosity: ‘law matters’.6 By recognizing that they have taken over much of the agenda of the old legal tradition, historians can add a ‘legal turn’ to the spatial one which they have begun to incorporate into their work.7 A comparative approach that makes law part of both geography and society can shed fresh light on convergences and divergences in the historic experience of different parts of Britain and Ireland. -
Monastic Developmentand Dissolution in Wales
MONASTIC DEVELOPMENT AND DISSOLUTION IN WALES: CONTINUITY OR CHANGE FOR UCHELWYR? A CASE STUDY OF STRATA FLORIDA’S BLAENAERON GRANGE Heather Para Submitted to the University of Wales Trinity Saint David in fulfilment of the requirements for the degree of PhD University of Wales Trinity Saint David 2020 Declarations This work has not previously been accepted in substance for any degree and is not being concurrently submitted in candidature for any degree. Signed … ....................................................... (candidate) Date .......28 March, 2020................................................................. STATEMENT 1 This thesis is the result of my own investigations, except where otherwise stated. Where correction services have been used the extent and nature of the correction is clearly marked in a footnote(s). Other sources are acknowledged by footnotes giving explicit references. A bibliography is appended. Signed … .................................................... (candidate) Date .......28 March, 2020................................................................. STATEMENT 2 I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter-library loan, and for the title and summary to be made available to outside organisations. Signed… .............................................. (candidate) Date .......28 March, 2020................................................................. STATEMENT 3 I hereby give consent for my thesis, if accepted, to be available for deposit in the -
The Development of the Welsh Country House
The Development of the Welsh Country House: ‘dy lŷs enaid y wlad /your court, the soul of the land ’ Aberbechan, near Newtown, Powys by John Ingleby, 1796. A house celebrated in bardic poetry for architectural achievements. NLW/PD9162 PhD Archaeology 2015 Mark Baker Summary This thesis focuses on two main themes in the architectural history of the country house in Wales, investigating firstly its development, and secondly some of the distinctively Welsh features of these houses. It argues that both themes have been marginal in recent historiography of Welsh architecture, culture and society. In this work, houses owned by families of Welsh descent are discussed to ascertain whether ethnicity and nationhood are actually identifiable in the architecture. Critical analysis of built fabric is supplemented and supported by primary sources such as the poetry of the bards, building accounts and records, architectural drawings, travel journals, photographs, works of art and a variety of secondary sources. In this thesis, it becomes apparent that one of the most distinctive features of country houses in Wales is the unit-system. Thi s form of dual planning is a peculiarly Welsh feature, enabling two ‘households’ to co -exist simultaneously, adjacent to each other but not necessarily physically connected. Such forms of building are absent from most regions of England, and its presence here is due to differences in the development of the Welsh family. The existence of a different legal system and associated customs in Wales, such as the prominence of gavelkind and female inheritance, are thus expressed in physical form. This practice has set a precedent for design and planning which has influenced a distinctly Welsh country house plan, based not only upon the need to accommodate several family members but also on a desire to preserve the domestic property of their ancestors as a physical manifestation of precedency, pedigree and memory. -
The Selected Writings of Sir Edward Coke Edward Coke the Selected Writings and Speeches of Sir Edward Coke
the selected writings of sir edward coke edward coke the selected writings and speeches of Sir Edward Coke Volume Two edited by steve sheppard liberty fund indianapolis, indiana This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a society of free and responsible individuals. The cuneiform inscription that serves as our logo and as the design motif for our endpapers is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 b.c. in the Sumerian city-state of Lagash. ᭧ 2003 Liberty Fund, Inc. Frontispiece and cover art: volume I: Reproduced courtesy of the Right Honourable the Earl of Leicester and the Holkham Estate. volume II: Collection of the Editor. volume III: Corbis-Bettmann. 08 07 06 05 04 03 p 54321 Library of Congress Cataloging-in-Publication Data Coke, Edward, Sir, 1552–1634. [Selections. 2003] The selected writings and speeches of Sir Edward Coke edited by Steve Sheppard. p. cm. Includes bibliographical references and index. isbn 0-86597-313-x (pbk.: alk. paper) 1. Law—England. I. Sheppard, Steve, 1963– II. Title. kd358.c65 2003 349.42Ј092—dc22 2003061935 ISBNs: 0-86597-313-x volume I 0-86597-314-8 volume II 0-86597-441-1 volume III 0-86597-316-4 set Liberty Fund, Inc. 8335 Allison Pointe Trail, Suite 300 Indianapolis, Indiana 46250-1684 Contents to Volume II II. Coke’s Speech and Charge at the Norwich Assizes Preface 523 Coke’s Preface 525 Coke’s Charge 528 III. -
Land Tenure and Conveyances in Missouri
University of Missouri Bulletin Law Series Volume 8 June 1915 Article 3 1915 Land Tenure and Conveyances in Missouri Manley O. Hudson Follow this and additional works at: https://scholarship.law.missouri.edu/ls Part of the Property Law and Real Estate Commons Recommended Citation Manley O. Hudson, Land Tenure and Conveyances in Missouri, 8 Bulletin Law Series. (1915) Available at: https://scholarship.law.missouri.edu/ls/vol8/iss1/3 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in University of Missouri Bulletin Law Series by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Land Tenure and Conveyances in Missouri I INTRODUCTION It is impossible to apply the artificial rules of the modern law of real property without a clear understanding of the feudal system of land tenure in which they originated. The disappearance of the essentials of feudal society-the personal relation between lord and tenant and the duties owed by the tenant to the lord-has not taken away the feudal basis of the law of real property; nor has it made the common law rules, apart from statute, less applicable. 1 But there is such a close connection between land ownership and other social institutions' that, however fixed the legal theory, the former is bound to undergo many changes as the latter are developed. To know what these changes have been and are to be, it is imperative that the fundamental conceptions of land ownership be understood. -
Journal of Irish and Scottish Studies Unions: Past – Present – Future
Journal of Irish and Scottish Studies Volume 1: Issue 2 Unions: Past – Present – Future AHRC Centre for Irish and Scottish Studies, University of Aberdeen JOURNAL OF IRISH AND SCOTTISH STUDIES Volume 1, Issue 2 Unions: Past – Present – Future Published by the AHRC Centre for Irish and Scottish Studies at the University of Aberdeen in association with The universities of the The Irish-Scottish Academic Initiative and The Stout Research Centre Irish-Scottish Studies Programme Victoria University of Wellington ISSN 1753-2396 Journal of Irish and Scottish Studies Issue Editors: Cairns Craig and Michael Brown Associate Editors: Stephen Dornan, Rosalyn Trigger, Paul Shanks Editorial Advisory Board: Fran Brearton, Queen’s University, Belfast Eleanor Bell, University of Strathclyde Ewen Cameron, University of Edinburgh Sean Connolly, Queen’s University, Belfast Patrick Crotty, University of Aberdeen David Dickson, Trinity College, Dublin T. M. Devine, University of Edinburgh David Dumville, University of Aberdeen Aaron Kelly, University of Edinburgh Edna Longley, Queen’s University, Belfast Peter Mackay, Queen’s University, Belfast Shane Alcobia-Murphy, University of Aberdeen Ian Campbell Ross, Trinity College, Dublin Graham Walker, Queen’s University, Belfast International Advisory Board: Don Akenson, Queen’s University, Kingston Tom Brooking, University of Otago Keith Dixon, Université Lumière Lyon 2 Luke Gibbons, Notre Dame Marjorie Howes, Boston College H. Gustav Klaus, University of Rostock Peter Kuch, University of Otago Graeme Morton, University of Guelph Brad Patterson, Victoria University, Wellington Matthew Wickman, Brigham Young David Wilson, University of Toronto The Journal of Irish and Scottish Studies is a peer reviewed journal, published twice yearly in September and March, by the AHRC Centre for Irish and Scottish Studies at the University of Aberdeen. -
1377-1399 Qualification: Phd
Access to Electronic Thesis Author: Keith Fildes Thesis title: The Baronage in the reign of Richard II, 1377-1399 Qualification: PhD This electronic thesis is protected by the Copyright, Designs and Patents Act 1988. No reproduction is permitted without consent of the author. It is also protected by the Creative Commons Licence allowing Attributions-Non-commercial-No derivatives. If this electronic thesis has been edited by the author it will be indicated as such on the title page and in the text. THE BARONAGE IN THE REIGN OF RICHARD II, 1377–1399 by Keith E. Fildes Dissertation submitted in part-fulfilment of the requirements for the Degree of Doctor of Philosophy, Department of History, University of Sheffield March 2009 ABSTRACT This thesis is a prosopographical study of the English baronage during the reign of Richard II. It considers the role of barons within the political community and attempts to characterise them, both in terms of their engagement with institutions and by exploring private power relations. In the tradition of the political culture framework within which the study is situated, it seeks ultimately to determine the group’s motives. The first section explores structures, defining the baronage and tracing the historical development of the class. The stresses and concepts that moulded and distinguished the political culture are also set out. Three broad themes – politics, land and lordship - are then discussed in the second section. These endeavour to quantify and qualify the power and authority that were exercised by the 66 baronial families from the reign. In the political arena barons’ engagement with the apparatus of royal government, administration and justice are investigated, along with political favour and its rewards. -
Oxford Scholarship Online
Tenure University Press Scholarship Online Oxford Scholarship Online A History of the Land Law A. W. B. Simpson Print publication date: 1986 Print ISBN-13: 9780198255376 Published to Oxford Scholarship Online: March 2012 DOI: 10.1093/acprof:oso/9780198255376.001.0001 Tenure A. W. B. Simpson DOI:10.1093/acprof:oso/9780198255376.003.0001 Abstract and Keywords This chapter focuses on the doctrines of tenure. The two most striking doctrines of the land law, at least on first acquaintance, are the doctrines of tenure and of estates. Although the importance of tenures is now minimal, the basic doctrine of tenure still exists. The doctrine of tenure has its origin in the state of social organization known as ‘feudalism’. This chapter discusses in detail the diversity and the classification of tenures. The main purpose of classifying tenures is the help in determining the incidents which the tenant must pay. Keywords: tenure, land law, estates, feudalism, social organization, tenants EVEN today the two most striking doctrines of the land law, at least on first acquaintance, are the doctrines of tenure and of estates. Modern writers are at pains to warn the student of the comparative unimportance of tenure in the modern law, and point to a Page 1 of 19 PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2014. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).