OUR LEGAL HERITAGE The first thousand years: 600 - 1600 King AEthelbert - Queen ElizabethPart 7 out of 7
he himself would have, hold, and retain the land to himself, and the profits of during his life, and that after his decease the said son and daughter should have the land to them and to the heirs of their two bodies lawfully begotten, and that all persons then or afterwards seised of the land should stand and be seised immediately after the marriage solemnized to the use of the said A. for the term of his life, and after his death to the use of the said son and daughter in tail as above, and covenanted further to make an assurance of the land before a certain day accordingly &c. and then the marriage took effect; and afterwards A. bargained and sold the land for two hundred marks (of which not a penny is paid) to a stranger, who had notice of the first agreements, covenants, and use, and enfeoffed divers persons to this last use, against whom a common recovery was had to his last use; and also A. levied a fine to the recoverers before any execution had, and notwithstanding all these things A. continued possession in taking the profits during his life; and afterwards died; and the son and daughter entered, and made a feoffment to their first use. And all this matter was found in assize by Assaby and others against Lady Anne Manners and others. And judgment was given that the entry and feoffment were good and lawful, and the use changed by the first indenture and agreement. Yet error was alleged. The judgment in the assize is affirmed. The famous Shelley's Case stands for the principle that where in any instrument an estate for life is given to the ancestor, and afterwards by the same instrument, the inheritance is limited whether mediately, or immediately, to his heirs, or heirs of his body, as a class to take in succession as heirs to him, the word "heirs" is a word of limitation, and the ancestor takes the whole estate. For example, where property goes to A for life and the remainder goes to A's heirs, A's life estate and the remainder merge into a fee in A. Edward Shelley was a tenant in tail general. He had two sons. The older son predeceased his father, leaving a daughter and his wife pregnant with a son. Edward had a common recovery (the premises being in lease for years) to the use of himself for term of his life, after his decease to the use of the male heirs of his body, and of the male heirs of the body of such heirs, remainder over. After judgment and the awarding of the writ of seisin, but before its execution, Edward died. After his death, and before the birth of his older son's son, the writ of seisin was executed. The younger son entered the land and leased it to a third party. Afterwards, the son of the older son was born. He entered the land and ejected the third party. It was held that the younger son had taken quasi by descent until the birth of the older son's son. The entry by the older son's son was lawful. The third party was lawfully ejected. (Shelley's Case, King's Bench, 1581, English Reports - Full Reprint, Vol. 76, Page 206.) Chapter 14: Epilogue William Brewster and William Bradford and other puritans and pilgrims sailed on ships such as the Mayflower to found a colony in North America in 1607. England developed a commonwealth of countries around the world, including Canada, Australia, New Zealand, and India. In the time period after 1600, there developed free trade, democracy, political parties, secret ballots, policemen, Francis Bacon's advocating of induction in science, Periodic Chart of chemical elements, calculus and differential equations, college degrees in biology, chemistry, and physics, Isaac Newton's theory of gravity, Albert Einstein's theory of relativity, the experimental method, computers, decoding of the DNA sequence, Charles Darwin's evolution, Louis Pasteur's germ theory of disease, Galileo's telescope, Hubble telescope, Big Bang Theory, antibiotics to cure and surgery to replace body parts, quantum theory, cold water in pipes to homes, central heating, apartment high rises, business skyscrapers, electricity, electric lights, electric sewing machines, industrial revolution factories, labor strikes, cars, tractors, ice boxes and refrigerators, telephones, central heating with radiators, heated water in taps, hot water heaters by gas, gas ovens, humidifiers, upholstered couches and chairs, canned food, zippers, velcro, trains, ships by steam and then motors, wall-to-wall carpeting, microscope, microwave ovens, umbrellas, contraceptive pill, popular elections, airplanes, photography, record players, potatoes, corn, chocolate, frozen food, radio, television, plastics, ready to wear clothes, political parties, submarines, statistics, economics, multinational corporations, weather forecasting, braille, airplanes, space ship to moon, banks, annuities, factory assembly lines, washing machines, dishwashers, sewing machine, microwave ovens, copier machines, DNA evidence, daily newspapers, nuclear bomb and nuclear energy, guided missiles, stock market, quartz watches, museums, bicycles, popular election, frozen sperm for artificial insemination, investment advice, retirement planning, pensions, amusement parks, catelogue buying, labor contracts, dictionaries, childrens' summer camps, stocks and bonds, teenage culture, concrete, synthetic materials, typewriters, cardboard boxes, advertising, invitro fertilization, factory assembly line, gene-mapping, animal cloning, internet, hiking and camping trips, world travel vacations, telegraph, word processing, gas, oil, couches, research, television, radio, credit cards, toothbrushes, dental floss, buses, subways, chinaware, telephones, camcorders, mass production, nursing homes, cameras, copy machines, wheelchairs, hospital operations, artificial limbs, organ transplants, pharmacies, public libraries, children's playgrounds, cosmetic surgery, wrist watches, physical exercising equipment, vitamin pills, sports clubs, condominiums, anesthetics, physical exams, microscopes, observatories, radar, sonar, opera, nutrition, psychiatry, supermarkets, disability and life insurance, magazines, daily newspapers, liability insurance, chemical fertilizers, DDT, trash pick-up, electronic mail, record players, video tape recorders, retirement homes, movies;, planned obsolence, boxspring mattresses, brain scans, xrays, innoculations, vaccines, penicillin, organized professional sports, dry cleaners, railroads, foreign embassies, veterinarians, drug abuse, wage garnishment, fire engines, tractors, lawnmowers, breeding zoos, museums, world wars, nuclear deterrence, fingerprinting, forensic evidence, toxic waste, acid rain, archeology, zippers, In this time period the development of law includes abolition of feudal wardships, married women's property act, mandamus, statute of frauds, rule against perpetuities, mandatory secondary education, the tort of negligence, the concept of duty of due care, kidnapping, false impersonation, liens, obscenity, partnership, pensions, trademarks and unfair competition, privacy, freedom of thought, freedom of speech, freedom of the press, copyrights and patents, bankruptcy, civil rights, union organizing laws, laws on discrimination due to race, sex, ethnic or national origin, disability, age, and sexual preference, sexual harassment and staulking laws, product liability, international law, no-fault divorce, best interest of child in custody disputes, child labor laws, environmental laws protecting air and water quality, workers compensation, unemployment compensation, controlled substances, intellectual property law, Coke's treatise on law, and Blackstone's treatise on law. Judicial procedure includes grand juries, which hear evidence, court transcript by court stenographers, discovery, and depositions. Appendix Sovereigns of England - Name - - Accession - Egbert 802 AEthelwulf 839 AEthelbald 858 AEthelbert 860 AEthelred 865 Alfred the Great 871 Edward the Elder 899 AEthelstan 924 Edmund 939 Eadred 946 Eadwig 955 Edgar 959 Edward the Martyr 975 AEthelred the Unready 978 Edmund Ironside 1016 Canute 1016 Harold I Harefoot 1035 Hardicanute 1040 Edward the Confessor 1042 Harold II 1066 William I of Normandy 1066 William II 1087 Henry I (and Matilda) 1100 Stephen 1135 Henry II (and Eleanor) 1154 Richard I 1189 John 1199 Henry III 1216 Edward I (and Eleanor) 1272 Edward II 1307 Edward III 1327 Richard II 1377 Henry IV 1399 Henry V 1413 Henry VI 1422 Edward IV 1461 Edward V 1483 Richard III 1483 Henry VII (and Elizabeth) 1485 Henry VIII 1509 Mary 1553 Elizabeth I 1558 James I 1603 Bibliography 1. Ancient Laws and Institutes of England, Printed by command of his late majesty King William IV under the direction of the Commissioners of the Public Records of the Kingdom, Vol 1; 1840. 2. The Laws of the Kings of England from Edmund to Henry I, A.J. Robertson, 1925. 3. The Statutes of the Realm 4. Statutes at Large 5. A Treatise of the Lawes of the Forest, John Manwood, 1615 6. History of English Law; William Holdsworth 7. History of English Law, Pollack and Maitland 8. Anglo-Saxon Charters, A. J. Robertson, 1939 9. Franchises of the City of London, George Norton, 1829 10. Borough Customs Vol. 1, Selden Society 11. Royal Writs in England from the Conquest to Glanvill, Selden Society 12. Lawsuits in time of Wm I, Selden Society 13. Treatise on the laws and customs of the realm of England, Ranulph D. Glanvill, 1189 14. Calendar of Wills, Court of Husting, London; Ed. Reginald R. Sharpe 15. Calendar of Early Mayor's Court Rolls of the City of London, AD 1298-1307, Ed. A. H. Thomas 16. Legislation of Edward I, T.F.T. Plunkett, 1949 17. English Historical Documents, Ed. David Douglas 18. Bracton on the Laws and Customs of England, Henry of Bratton, 1257 19. Chaucer's World, Edith Richert, 1948 20. John, King of England, John T. Appleby, 1958 21. A Collection of Eighteen Rare and Curious Historical Tracts and Pamphletts, Edinburgh, Priv. Print. 22. Doctor and Student, Christopher St. Germain, 1518 23. Readings in Western Civilization, George Kuoles, 1954 24. Social England, Ed.: H.D. Traill, St. John's College, Oxford; Vol. 1 and 2, 1894. 25. Augustine of Canterbury, Margaret Deanesly 26. The Venerable Bede, Ecclesiastical History of the English Nation (Bede was a monk who lived from 673-735) 27. Political History of England; T. Hodgkin 28. Alfred the Great, Helm 29. Domesday, A Search for the Roots of England, M. Wood 30. The English Church 1000-1066; F. Barlow 31. Life on the English Manor; H.S. Bennet; 1967 32. The English Medieval Town; Colin Platt; 1976 33. Pelican History of England 34. The Gild Merchant, Gross 35. Life and times of Roger Bacon 36. Oxford Book of Oxford, Morris 37. A History of Oxford Univeristy, Green 38. Lives of the Lord Chancellors, Campbell, 1880 39. Tudor England, John Guy, 1988 40. A History of Technology, Charles Singer 41. Edward I, Michael Prestwich, 1988 42. Franchises of the City of London, George Norton, 1829 43. The Works of Alfred 44. Salisbury Plain, R. Whitlock, 1955 45. William the Conqueror, F.M. Stenton 46. Life of William the Conqueror, T. Roscoe, 1846 47. Elizabeth I, Anne Somerset, 1992 48. Queen Elizabeth, Katherine Anthony, 1929 49. Industry in England, H.deB. Gibbons, 1897 50. Henry II, W. L. Warren, 1973 51. Edward I, L.F. Salzman, 1968 52. The Yorkist Age, Paul Kendall, 1962 53. Edward the Confessor, Frank Barlow 54. The Livery Companies of the City of London, W. Carew Hazlitt, 1892 55. The Parliamentary Representation of the City of Coventry, Thomas Walker Whitley, 1894 56. The Government of England under Henry I, Judith Green, 1986 57. Lives of the Queens of England, Agnes Strickland, 1878 58. The Oldest Version of the Customs of Newcastle, C. Johnson, 1925 59. Charter of Henry II to the Burgesses of Newcastle, A. M. Oliver, 1175 60. The Charters and Letters Patent Granted by the Kings and Queens of England to Bristol, Samuel Seyer, 1812 61. London Weavers' Company, Francis Consitt, 1933 62. Chronicles and Memorials of Great Britain and Ireland During the Middle Ages: Letters and Papers of Richard III and Henry VII 63. Gilds and Companies of London, George Unwin, 1966 64. The Scholastic Curriculum of Early Seventeenth-Century Cambridge, William Costello, 1958. 65. Open Fields, Charles Orwin, 1938 66. Reign of Henry VII, R. Storey, 1968 67. Sons of the Conqueror, G. Slocombe, 1960 68. The Anglo-Norman Nobility in the Reign of Henry I: The Second Generation, Charlotte Newman, 1988 69. The Birth of Britain Vol. 1, Winston S. Churchill, 1956 70. From Alfred to Henry III, 871-1272, Christopher Brooks, 1961 71. History of the English People, John R. Green, 1916. 72. A Social and Industrial History of England, F.W. Tickner, 1929 73. The English, Norman F. Cantor, 1967 74. Elizabethan Life in Town and Country, M. St. Claire Byrne, 1925 75. The Elizabethan World, Edited by Norman Kotner, 1967 76. The Spirit of the Classical Canon Law, Richard Helmholz, 1996
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