Author Archives: vifgage

About vifgage

Professor Gwen Seabourne teaches and researches Legal History, with a particular focus on the medieval period. She is the author of two books and several articles, mainly on this period of Legal History. Current interests include women in legal history and legal humour. This site does not purport to reflect the views of her employer, nor to constitute legal advice.

New Year

Just a bit of New Year fluff …

Love this campaign from a maker of fine pharmaceuticals, from the early 20th C – just what everyone needs for New Year, and as ever, I am in awe of the slick advertising. Offer is from 1907,


And what about this handsome chap with a fine moustache – Mr J Belcher of London – a sufferer not from belching but from, er, more down-the-way issues,  used in the same Bile Beans campaign of 1907?

Anyway, a happy 2023 to anyone who stumbles upon this (in 2023 – otherwise rather redundant wishes …). May better things lie ahead for all of us, even if we are just a bit late for the Bile Beans offer …

GS

1/1/2023.

Love and peace from Sir F. Pollock

Came across this today, and it is rather nice – lawyers, historians – let’s be friendly and interdisciplinary!

(from F. Pollock, Oxford Lectures and Other Discourses (London, 1890), 45(

Now wouldn’t that be nice?

Legal History goals for 2023 …

[Editing out the latter parts of this chapter, celebrating Empire in a very hubristic way …]

GS

30/12/2022

The case of the Southwark sorcerer

Now here is an unusual case from the King’s Bench plea roll for Michaelmas term 1364. (I was looking for mayhem, but found … magic and madness).

And it goes a little something like this …

Surrey. Richard, son of Nicholas Cook of Southwark (by attorney) sued Nicholas le Clerke of Southwark, asking him to explain why he had taken and imprisoned Richard at Southwark, and kept him imprisoned until Richard lost his mind [sensum suum amisit], as a result of seeing evil spirits, diabolically summoned up by Nicholas, [per visum malignorum spirituum per coniuraciones diabolicas per prefatum Nicholaum factas suscitatorum] and other outrages, to his great damage, against the peace etc. Nicholas did not turn up, so the entry descends into procedural things, and I am yet to find any resolution.

Whatever happened, the point is that this case was brought, and entertained by the court. It is, I think,  quite interesting to see  the use of malign magic as part of a trespass case, and the idea that spirits could be raised and deployed in a way which could cause a man to lose his sanity. To be absolutely fair to Nicholas le Clerke, it is not quite clear that the allegation was that he was deliberately setting out to use the spirits to make Richard lose his mind. That might have been an unfortunate side-effect of his fiendish antics.

It all seems a bit matter-of-fact and low-key, doesn’t it – certainly when compared with early modern treatment of harm caused by the summoning of spirits?  A good one to use as an illustration in future legal history classes on witchcraft laws, I think.

GS

21/12/2022

Photo by Patrick Hendry on Unsplash

Festive mercy from Judge Owen

Here’s a seasonal snippet on somebody I have become interested in, as a biographical subject: a report in the Evening Express for 14th December 1906, telling readers that Judge Owen was giving ‘contemptuous debtors’ who were brought before him, in his court at Newport, an additional week to pay, so as to avoid locking them up over the Christmas period, giving them a marginally less bleak midwinter.

 

 

GS

21/12/2022

Ladies – know your place!

A couple of newspaper snippets caught my attention today, both on the topic of female incursion into the male domain of history. In one case, from 1895, this seems to have been treated with some scorn:


In the other case, from 1901, I suppose it is treated with some amazement:

I must say, a night out watching a child answering history questions sounds absolutely thrilling! Why doesn’t somebody bring that back?

GS

29/11/2022.

Not giving up the day job

Sometimes the spirit moves me to attempt a cartoon. Snag: absolutely no artistic talent whatsoever. Nevertheless, I am moved to share this fine work of comparative legal historical art created during a very good presentation on an aspect of contract law history, as a contribution to the gaiety of nations on a dark November day …

GS

14.11.2022

Geographical embraces

A snippet: bycatch in my mayhem searching, I have been rather taken by the physical geography metaphors around jurisdiction over offences committed off the shore:

some things going on ‘within the arms of the sea’, others ‘within the body of the county. All has a certain charm, doesn’t it. And maybe I can work it into my consideration of embracing metaphors in relation to coverture (see Looming deadline … | Bracton’s Sister (bristol.ac.uk) ).

(The report, above, is Case of the Admiralty (1609).13 Coke Reports 51; 77 E.R. 1461).

GS

7/11/2022

Photo by Greg Jurgajtis on Unsplash

 

Candles, ‘cocoanuts’ and cold courts: further thrilling adventures of Judge Owen

As I sit next to two non-functioning radiators in a rather chilly office, and as we all face the possibility of interruptions to power supplies, I am drawn to some accounts from the life of Judge Owen on closely connected matters. (For more on this ‘character’ of the Welsh bench, see this post.

First, I note that newspapers in 1908 felt that it was worth reporting – under the deathless headline ‘Judge Owen Complains of a Cold Court’ – that – well – just that: he said, in Monmouth, that the court in which he was sitting was ‘as cold as an ice-house’.

Moving from a lack of heat to a lack of light, we have the even more thrilling, earlier tale, ‘Judge Owen and the Electric Light: candles stuck in cocoanuts’ (1895).[i] Again, you can work out the general idea from the headline. This time, the uncomfortable court was in Newport: Judge Owen was presiding over the County Court, in the Town Hall, on a ‘dull morning’ in December. Things were dim at 10.30 in the court. Owen’s first task was to read a judgment, but when he tried to turn on the light …. It did not work! Owen ‘declared that he must have light of some kind.’ No light was to be found, however, despite the scurrying of various court officials. again, without result. He left the bench [flouncingly?] and then Collins, the town hall keeper produced a solution of a sort – putting four candles [Two Ronnies resonances anyone?] around the bench, and the judge came back. He was not going to accept it all as a bit of an accident, though – no, he complained of the ‘want of courtesy’ on the part of the Corporation officials, who ‘knew it was County Court day’ but ‘did not take any steps to provide light for the court’. They did get as far as providing some oil lamps as well as penny candles in ‘cocoanuts’. The problem stemmed from the change-over from gas-lighting to electric lighting: it was explained that connections to the electricity main had not yet been made, and the transition was incomplete.

So, a pretty banal little story, but interesting that the papers found so much that this judge did eminently worthy of note, even so, and perhaps also some sign of the quality of facilities available to courts sitting in Wales in this period.   I am getting the idea that the judge might have had a bit of a temper on him … sending everyone running around. Perhaps he was unconvinced that electric lighting was an improvement on gas. How quickly, or whether, Judge Owen simmered down is not made clear.

3/11/2022

[i] See also this report.

Photo by PhotographyCourse on Unsplash