Case Of The Swans
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Case Of The Swans
The Case of Swans (1592) Trinity Term, 34 Elizabeth I, is a landmark decision in English property law. Facts Dame Joan Young (née Joan Wadham, sister and a co-heiress of her brother Nicholas Wadham) and Thomas Saunger received a writ from the Exchequer, directing the Sheriff of Dorset to round up 400 loose swans from the rivers of the county. Swans were Royal fowl, however, and a wild swan was considered the property of the monarch. The right to these swans in Dorset had since time immemorial been held by the local abbot, who lost the right along with the abbey to Henry VIII at the dissolution of the Monasteries. Henry then granted the estate to Giles Strangways, Dame Joan's deceased first husband, whose heir gave them a right to the swans for one year. The new queen, Elizabeth I, now sought possession of the swans. Judgment The question was whether the swans were Strangways's to grant or remained the queen's. Sir Edward Coke, as solicitor general, represented the queen ...
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Time Immemorial
Time immemorial ( la, Ab immemorabili) is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record". The phrase is used in legally significant contexts as well as in common parlance. In law In law, time immemorial denotes "a period of time beyond which legal memory cannot go," and "time out of mind." Most frequently, the phrase "time immemorial" appears as a legal term of art in judicial discussion of common law development and, in the United States, the property rights of Native Americans. English and American Common Law "Time immemorial" is frequently used to describe the time required for a custom to mature into common law.Kunal M. Parker"Law "In" and "As" History: The Common Law in the American Polity, 1790-1900" 1 UC Irvine L. Rev. 587, 594-600 (2011). Common law is a body of law identified by judges in judicial proceedings, rather than created by the legislature.James Apple,A Primer o ...
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1592 In England
Events from the 1590s in England. Incumbents * Monarch – Elizabeth I * Parliament – 8th of Queen Elizabeth I (starting 18 February, until 10 April 1593), 9th of Queen Elizabeth I (starting 24 October 1597, until 9 February 1598) Events *1590 ** Publication of Edmund Spenser's poetry ''The Faerie Queene'' and his satire ''Mother Hubbard's Tale''. ** Publication of Thomas Lodge's prose tale ''Rosalynde: Euphues Golden Legacie''. * 1591 ** 10 April – merchant James Lancaster sets off on a voyage to the East Indies. ** 22 July – the Durtnell (Dartnell) family of Brasted, Kent, begin to work as building contractors. The business continues under thirteen generations of the family until ceasing to trade in 2019. ** 30 August–1 September – Anglo-Spanish War (1585–1604): Battle of Flores off Flores Island (Azores) – the fleet of Spain is victorious over the English; English ship ''Revenge'' is captured on 1 September (and Richard Grenville fatally wounded) but soo ...
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1592 In Law
Year 159 (CLIX) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time in Roman territories, it was known as the Year of the Consulship of Quintillus and Priscus (or, less frequently, year 912 '' Ab urbe condita''). The denomination 159 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place India * In India, the reign of Shivashri Satakarni, as King Satavahana of Andhra, begins. Births * December 30 – Lady Bian, wife of Cao Cao (d. 230) * Annia Aurelia Fadilla, daughter of Marcus Aurelius * Gordian I, Roman emperor (d. 238) * Lu Zhi, Chinese general (d. 192) Deaths * Liang Ji, Chinese general and regent A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or ...
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English Property Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community ...
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Ferae Naturae
Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. ' (Latin for "ownerless goods") is a legal concept associated with the unowned property, which exists in various jurisdictions, with a consequently varying application, but with origins mostly in English law. Nearly every piece of land on the Earth is a property and has a maintainer (owner). The class of objects, "unowned things", are objects which are not yet property; either because it has been agreed by sovereign nations that no-one can own them, or because no person, or other entity, has made a claim of ownership. The most common unowned things are asteroids. The UN's Outer Space Treaty does not address the issue of private ownership of natural objects in space. All asteroids remain unowned things until some person or entity makes a claim of property right to one of them. In an experimental legal case of first impression, a laws ...
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Solicitor General For England And Wales
His Majesty's Solicitor General for England and Wales, known informally as the Solicitor General, is one of the law officers of the Crown in the government of the United Kingdom. They are the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law. They can exercise the powers of the Attorney General in the Attorney General's absence. Despite the title, the position is usually held by a barrister as opposed to a solicitor. There is also a Solicitor General for Scotland, who is the deputy of the Lord Advocate. As well as the Sovereign's Solicitor General, the Prince of Wales and a Queen consort (when the Sovereign is male) are also entitled to have an Attorney and Solicitor General, though the present Prince of Wales has only an Attorney General and no Solicitor General. The Solicitor General is addressed in court as "Mr Solicitor" or "Ms Solicitor". The Solicitor General is shadowed by the Shadow Solicitor General who sits on the Official ...
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Giles Strangways (died 1546)
Sir Giles Strangways (1486 – 11 December 1546), of Melbury House, Melbury Sampford, and of Abbotsbury, both in Dorset, was an English politician. Origins He was the eldest son of Sir Henry Strangways (c.1465–1504) of Melbury Sampford, Dorset by his first wife Dorothy Arundell, a daughter of Sir John Arundell (born 1418) of Lanherne in Cornwall, Sheriff of Cornwall in 1443, Vice-Admiral of Cornwall, by his second wife Catherine Chiddocke, a daughter and co-heiress of Sir John Chiddocke of Dorset and widow of William Stafford of Frome. Sir Henry Strangways survived his first wife and remarried to the widow of William Browning (or Brouning), lord of the manor of Melbury Sampford, which manor thereby became a possession and the principal seat of his descendants from his first marriage.Miller Early origins Sir Giles Strangway's grandfather was the first to settle in Dorset, having left Yorkshire on the suggestion of Thomas Grey, 1st Marquess of Dorset. His ancestors were sea ...
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Henry VIII
Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disagreement with Pope Clement VII about such an annulment led Henry to initiate the English Reformation, separating the Church of England from papal authority. He appointed himself Supreme Head of the Church of England and dissolved convents and monasteries, for which he was excommunicated by the pope. Henry is also known as "the father of the Royal Navy" as he invested heavily in the navy and increased its size from a few to more than 50 ships, and established the Navy Board. Domestically, Henry is known for his radical changes to the English Constitution, ushering in the theory of the divine right of kings in opposition to papal supremacy. He also greatly expanded royal power during his reign. He frequently used charges of treason a ...
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Abbotsbury Abbey
Abbotsbury Abbey, dedicated to Saint Peter, was a Benedictine monastery in the village of Abbotsbury in Dorset, England. The abbey was founded in the 11th century by King Cnut's thegn Orc and his wife Tola, who handsomely endowed the monastery with lands in the area. The abbey prospered and became a local centre of power, controlling eight manor houses and villages. During the later Middle Ages, the abbey suffered much misfortune. In the time of the dissolution of the monasteries, the last abbot surrendered the abbey and the site became the property of Sir Giles Strangways. Today, a small part of the former Abbey estate, including the abbey's remains, and those of the nearby St Catherine's Chapel, are in the guardianship of English Heritage. Foundation The first reference to the site of Abbotsbury may be in a charter of King Edmund (r. 939–946) recording a grant of five hides of land at ''Abbedesburi'' to the thegn Sigewulf.Keynes, "The lost cartulary of Abbotsbury", p. 207 ...
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Dorset
Dorset ( ; archaically: Dorsetshire , ) is a county in South West England on the English Channel coast. The ceremonial county comprises the unitary authority areas of Bournemouth, Christchurch and Poole and Dorset. Covering an area of , Dorset borders Devon to the west, Somerset to the north-west, Wiltshire to the north-east, and Hampshire to the east. The county town is Dorchester, in the south. After the reorganisation of local government in 1974, the county border was extended eastward to incorporate the Hampshire towns of Bournemouth and Christchurch. Around half of the population lives in the South East Dorset conurbation, while the rest of the county is largely rural with a low population density. The county has a long history of human settlement stretching back to the Neolithic era. The Romans conquered Dorset's indigenous Celtic tribe, and during the Early Middle Ages, the Saxons settled the area and made Dorset a shire in the 7th century. The first recor ...
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