Measly Members? Horrible Medieval History in the Houses of Parliament

Our elected representatives (and unelected hangovers in the House of Lords) swan around on a site with huge medieval resonance. From time to time, MPs like to refer to the medieval buildings and heritage of their constituencies, or try and use medieval precedent to do something positive to improve parliamentary procedure.[1] Sometimes, they make a good medieval reference – my heart was warmed to see mention of what medieval churches were actually like,[2] of petty treason,[3] and even weights and measures regulation.[4] More often, they simplify and sanitise medieval events and institutions in a banal and feeble way – I am looking at you Rishi Sunak, with your blether about how great medieval apprenticeships were,[5] and many others fan-boying Magna Carta.[6] More than one, of course, trots out the old ‘how many angels can dance on the head of a pin’ debate, both to show off a dangerously little amount of knowledge, and also to belittle the amazing medieval scholars who would actually WIPE THE FLOOR with many of our governing classes.[7] There are worse things though, and this post will muse upon a few of the many references to the ‘medieval’ which are highly negative and also highly questionable, based on Hansard between 2015 and 2020 (all available online, and as this is a blog post, not a formal article, I am just going to copy the links rather than going for full dress footnotes). This is only partly the grumbling of a medievalist who feels that people should make more of an effort to get things right: I also think that there is a real danger in the tendency to reach for the adjective ‘medieval’ to describe all that is bad and brutal, clumsy and just … other.

At the irritating end of the spectrum, we see these types of dimwittery:

Mis-periodisation

Made that word up. What I mean here is the mistaken labelling as ‘medieval’ of things which occurred at a definite later date. Obviously, there is room for disagreement about the years which should be called ‘medieval’, but conventionally, in England and Wales, they end with the fifteenth century. Henry VII probably sneaks in as the last medieval-ish monarch, but with Henry VIII very few people would deny that we have crossed the boundary into ‘early modern’. So calling the Council of Trent (1545-63) ‘medieval’ would seem to be wrong, as would calling the events of ‘a couple hundred years ago’ ‘medieval’.[8] See also pirates going after Spanish galleons – characteristically early modern.[9] We don’t hear about ‘early modern brutality’ though, do we – even if we should. Torturing Guy Fawkes, anyone? Beheading queens? Capital punishment for hundreds of different offences? Not medieval.

Scape-period-goating

A real word, honestly. This one is the sin of taking something which was arguably a feature of the medieval period, though it could equally be attributed to other periods, and labelling it ‘medieval’, as if that was the only time it happened. A testimony to the snowballing effect of regular precipitation of negative ideas on the idea of the medieval. (Pretentious and wrenching metaphors in the same sentence – good effort). See, for example, ‘medieval’ references with regard to poor treatment of women and sexual minorities.[10] There is a good case for saying that some things at least got worse for these groups after the medieval period. Rape law was not favourable to women in the medieval period, but nor was it greatly altered for centuries thereafter.[11] Likewise, there is a tendency to pick out medieval medicine and science as proverbially backward, though it is not clear that there was a huge improvement in many areas in the early modern period, or thereafter. The description of cholera as ‘medieval’ rather ignores the huge outbreaks in the UK in the nineteenth centuries, and many avoidable outbreaks thereafter.[12] Were squalor, hunger, inequality or cruelty to animals over by 1500? That would seem to be the implication of the references to ‘medieval conditions’, ‘medieval famine’ and the medieval nature of badger-culling, cruelty to dogs and cock-fighting.[13] The idea that the medieval period was less democratic than the sixteenth century is also not obviously correct – both had such a small ‘community of the realm’ that they were outstandingly undemocratic, if democracy is understood in any modern sense, and, as far as women are concerned, no change until 1918.[14] Women’s different experience, of course, is never central to these sloppy grabs at history.

General confusion and random ‘medieval’ references

There is some odd talk about the Declaration of Arbroath – it is the ‘oldest medieval text’ (it’s certainly very important, but, unless there has been a secret re-designation of ‘the medieval period’ as beginning the day before its sealing in 1320, not remotely the oldest medieval text).[15] The idea of the immigration detention system as medieval seems odd: it is far more modern, and much was founded in living memory – we can’t ‘historically distance’ ourselves from that one.[16] The idea of a limit on family size is equally peculiarly designated medieval.[17]

There are also some episodes of random period-dropping – such as that of Robert Jenrick, who can remember three periods, medieval, Georgian and Victorian (are these, perchance, the periods of the various residences he just had to visit during the lockdown period?)[18]*, and by God he is going to throw them in, despite the fact that they are, erm, sufficiently separated in time to make no sense as a group.[19] Another pick and mix-up comes from Pete Wishart, talking about the medieval graves of Stuarts, Plantagenets and … Roundheads.[20] See also the pseudo-historical meets literary mash-up of a portrayal of Parliamentary procedure as somewhat Dickensian and reminiscent of Alice in Wonderland, as well as possibly medieval.[21]

 

Then there are the more serious misuses

‘Medieval’ politics

There is a tendency to describe government action which seems to be unaccountable, or over-reaching powers, as being like that of a medieval monarch.[22] Essentially, what is going on here is a misattribution to the medieval period of later theories of divine right kingship. There were certainly checks and balances on medieval monarchy – just ask Edward II or Richard II.

 

Brutality

There is a general sense – made respectable to many by progress narratives such as that of Pinker – that the medieval period was one of a different order of violence and brutality to other, later ages. Medievalists themselves do not tend to support this view. There are obvious contenders for greater bloodshed – the Thirty Years War, WWI, … and more recent contenders for genocidal and religiously motivated violence. Locating brutality in the medieval period, however, pushes it away to a comforting distance. They were not really like us, after all; they were not really us.

To add a twist, the context in which we tend to see this ‘medieval brutality’ idea is in connection with Islam and the present other. It is almost obligatory to describe violence by ISIS, the Saudis or Iran as ‘medieval’. Clearly, there is much to disapprove and oppose, but what is added by calling it ‘medieval’?[23] There are lots of questions about this – whose ‘medieval’ is meant? Is the comparison with medieval Europe or with the medieval period in the Islamic world? If the latter, how does that work, when a strong tendency of historical study of the medieval Islamic world emphasises its advanced learning, culture, and capacity for tolerance? In one particularly muddle-headed statement, ISIS are likened to ‘medieval religious crusaders’.[24] Crusaders? Really? So much going on there.

It is Interesting to note that the only other regimes I saw labelled ‘medieval’ in their brutal behaviour were China and Myanmar – not Islamic – in fact acting against Muslim minorities – but certainly foreign (not even European!).[25] Very bad but very not-medieval, on either their own terms, or in terms of medieval western Europe.

 

Make ‘History’ History

It is interesting what can be turned up in an hour, with access to a search engine. Without even getting into some obvious additional terms – ‘feudal’, ‘vassal’ or the dreaded ‘Dark Ages’, it is pretty clear that there is some serious abuse of the term ‘medieval’ going on in Parliament. I wish they would stop, and give up the attempts at rhetorical flourish using stupid stereotypes and misinformation about people of the past. Not only do they make our representatives look foolish, and insult scholarship, but they also serve more pernicious purposes, allowing us all to perform ‘historical distancing’, and slough off the guilt of our own times, and the many horrendous things we might have done more to stop.

Wouldn’t it be good if this nonsense could be jettisoned along with the ludicrous ‘This Place’ and ‘The honourable member..’ claptrap. Oh, and the House of Lords. Unlikely, I know – in fact there is probably a whole heap of ill-informed Black Death meets Covid-19 connections ‘oven-ready’ for the next session of Parliament.

[1] See, e.g., https://hansard.parliament.uk/Commons/2018-02-01/debates/7D778066-4A6F-4128-BDA8-69014CEA42C2/BabyLeaveForMembersOfParliament?highlight=medieval#contribution-59D8EA68-A8A0-4AAC-84CA-A7CD6F7391E7

[2] https://hansard.parliament.uk/Lords/2015-07-16/debates/15071641000125/RuralCommunities?highlight=medieval#contribution-15071641000056

[3] https://hansard.parliament.uk/Commons/2017-03-02/debates/42672B78-03C7-44B0-9C5C-7582EDEFECDF/InternationalWomen’SDay?highlight=medieval#contribution-08BDD217-E060-4B09-8412-4F313361E9A1

[4] https://hansard.parliament.uk/Lords/2017-07-13/debates/C9D8A1B9-A494-4E16-A147-D501D3AD3B48/DeregulationPublicServicesAndHealthAndSafety?highlight=medieval#contribution-B7400880-9CA0-4738-8561-FAD2487E31D3

[5] https://hansard.parliament.uk/Commons/2016-03-10/debates/16031040000004/Apprenticeships?highlight=medieval#contribution-97B47CFE-07F1-436C-9A15-313C249734CC

[6] https://hansard.parliament.uk/Commons/2015-05-28/debates/15052828000003/HomeAffairsAndJustice?highlight=medieval#contribution-15052828000637

[7] https://hansard.parliament.uk/Commons/2016-10-18/debates/c1c95763-8239-42db-bb86-44135e63fe62/HigherEducationAndResearchBill(FourteenthSitting)?highlight=medieval#contribution-C7B96EB6-9012-45CC-81FD-B5DA55D5BD14

[8] https://hansard.parliament.uk/Lords/2019-07-01/debates/41580300-A9FE-4FAB-9CCE-16FC196E38AD/Inflation?highlight=medieval#contribution-8304E9F2-116E-436E-A0C8-8245785DEF68 16th C as medieval https://hansard.parliament.uk/Commons/2017-03-20/debates/2E21C4BD-BC87-4E2B-9E3D-2844214108F6/AdvisoryCommitteeOnBusinessAppointmentsMinisterialCode?highlight=medieval#contribution-796386D8-9CF2-4D21-83B1-6D4DEAB33529

https://hansard.parliament.uk/Commons/2018-01-25/debates/00389B37-64AA-4AC8-BBBB-BE6B98F9C5C1/JointEnterprise?highlight=medieval#contribution-F8009194-8223-44A4-A302-41902ABDECB9

[9] https://hansard.parliament.uk/Commons/2019-02-27/debates/9C80605C-FF04-45EE-B587-70457FA80814/FutureOfDFID?highlight=medieval#contribution-BB135479-D36A-4834-AA5B-2765DF8F1EC7

[10] https://hansard.parliament.uk/Commons/2020-03-12/debates/777B5A80-B736-40A2-8EF4-9ACD218F37FB/BusinessOfTheHouse?highlight=medieval#contribution-72B71126-57AF-4724-8B68-261F44188925

https://hansard.parliament.uk/Commons/2019-05-16/debates/51A214EF-5D07-4B0C-9DDD-AD460436B1D6/InternationalDayAgainstHomophobiaBiphobiaAndTransphobia?highlight=medieval#contribution-07B6DECB-665D-4AEF-A5F4-FF87D4368224

[11] https://hansard.parliament.uk/Commons/2017-03-15/debates/4A88339E-0EE2-445A-BA4C-EF51ACAC7F17/PointOfOrder?highlight=medieval#contribution-B18D88F0-74B1-485C-9EF8-5229DDC96442 https://hansard.parliament.uk/Commons/2016-12-14/debates/3CBE0975-23DD-486C-8244-ADBFF23CBF02/EqualityAutumnStatement?highlight=medieval#contribution-4054FCB8-806E-4BCF-9F6C-21956DC932C9 https://hansard.parliament.uk/Commons/2017-01-25/debates/0D1725C7-23E3-4968-986B-CE07B013D361/PointsOfOrder?highlight=medieval#contribution-41E4D168-4802-4229-841D-8C589145DC72

[12] See, e.g., (on disease) https://hansard.parliament.uk/Commons/2019-05-23/debates/FAA76D92-33F3-45AA-A835-6D38C8F60A32/YemenPeaceProcess?highlight=medieval#contribution-88CC8497-D97D-45E8-B28A-D9EBCC315518 https://hansard.parliament.uk/Commons/2017-11-30/debates/1C24E14B-85C7-4C5C-9013-091AC89936F1/Yemen?highlight=medieval#contribution-D1974D34-89FA-4887-8663-CE70B12281B9 https://hansard.parliament.uk/Commons/2017-11-30/debates/1C24E14B-85C7-4C5C-9013-091AC89936F1/Yemen?highlight=medieval#contribution-A52672BB-60D3-4DD5-8B80-9BEE69EEB588 ;

On treatment of those with mental health issues or learning disabilities: https://hansard.parliament.uk/Lords/2019-11-05/debates/9627E94E-0754-4959-85F0- 5E35A4B2971A/MentalDisorderAutismAndLearningDisabilities?highlight=medieval#contribution-792EDDFC-2316-4CCB-A74D-207F3BD68356 https://hansard.parliament.uk/Lords/2019-06-06/debates/82EC353D-FB47-456F-BFC2-528618277852/PeopleWithLearningDisabilities?highlight=medieval#contribution-CBEB34FF-6EDB-4248-B0DB-03411D221E84

On science https://hansard.parliament.uk/Commons/2016-12-19/debates/292C9A19-9A13-482A-961B-F893AEE899E9/ExitingTheEUScienceAndResearch?highlight=medieval#contribution-A1DB9719-D106-4FE3-940E-57A403EE08E0

[13] Squalour: https://hansard.parliament.uk/Commons/2017-10-12/debates/A20CF46E-116A-47B2-BA33-11CAA47B3FC0/UNConventionOnTheRightsOfPersonsWithDisabilities?highlight=medieval#contribution-504D426E-A94E-41B9-82C4-2CB7680BA06C

https://hansard.parliament.uk/Commons/2017-10-24/debates/C9F5648A-5F04-4F47-AE17-D5D5B1085654/RaqqaAndDaesh?highlight=medieval#contribution-07E754D5-DE56-4488-BDE1-FF775ACF9C8B

https://hansard.parliament.uk/Commons/2017-12-07/debates/7CB43379-F694-4496-8DC0-D4BC13C94371/PrisonReformAndSafety?highlight=medieval#contribution-2C4B247B-1C97-487E-9A9D-22C0DF9F1690

https://hansard.parliament.uk/Commons/2019-04-09/debates/2AB40199-E9A5-4EFC-801B-897178356A91/Housing?highlight=medieval#contribution-97FEBFA0-EFF9-4FF0-8F2F-F49770B2F7A0

Hunger: https://hansard.parliament.uk/Commons/2019-06-18/debates/5C4FC6AD-EC73-4BC7-8943-C61E25BF332B/InternationalHumanitarianLawProtectingCiviliansInConflict?highlight=medieval#contribution-04BDC428-1564-4F37-811A-141F446D57F7

Inequality https://hansard.parliament.uk/Lords/2015-11-19/debates/15111930000820/TradeUnions?highlight=medieval#contribution-15111930000255

Cruelty to animals: https://hansard.parliament.uk/Commons/2019-07-23/debates/0d31dfe7-20d9-41b9-8c8f-704ba942fb06/AnimalWelfare(Sentencing)Bill(SecondSitting)?highlight=medieval#contribution-36F9E2EE-D6EB-4100-9FC8-539494913CA7 https://hansard.parliament.uk/Commons/2016-09-07/debates/98FFCE19-439C-4F5D-A274-ADFCB7795217/BadgerCullingBovineTB?highlight=medieval#contribution-0138A27F-7BFC-4F4E-B034-0B9A23228C69

https://hansard.parliament.uk/Commons/2017-07-05/debates/9FCB904C-19D6-4FD7-82F6-15AFDBC8AC73/YemenPoliticalAndHumanitarianSituation?highlight=medieval#contribution-3C66BD3A-BD79-43AB-AA20-E7AB47C60E4C

[14] Medieval and undemocratic https://hansard.parliament.uk/Commons/2016-04-13/debates/16041336000001/TaxAvoidanceAndEvasion?highlight=medieval#contribution-B81DEFB9-D387-4DC0-A2A8-98E7C68EE556

[15] See https://hansard.parliament.uk/Commons/2018-10-25/debates/B6DDA10A-5B99-494F-81D6-395DB298CB73/InternationalFreedomOfReligionOrBeliefDay?highlight=medieval#contribution-7FFAEDB2-3C7C-471B-9E24-822F800E2E79 https://hansard.parliament.uk/Commons/2019-02-20/debates/993F895E-D215-4773-A464-1A6320523B0E/AntisemitismInModernSociety?highlight=medieval#contribution-9B5EBA88-ED54-4E93-922F-6C5DAFB72CDC

[16] https://hansard.parliament.uk/Lords/2015-12-22/debates/15122250000363/ImmigrationBill?highlight=medieval#contribution-15122253000022

[17] https://hansard.parliament.uk/Commons/2018-02-05/debates/0AFDB64F-5B9D-4710-9853-2B945896D79F/SocialSecurity?highlight=medieval#contribution-36B9BC63-919A-4B50-9EC3-E655A507A019

[18] https://www.mirror.co.uk/news/politics/cabinet-minister-robert-jenrick-breaks-21844275

[19] https://hansard.parliament.uk/Commons/2016-10-17/debates/6F19E4B9-7D75-437C-ACD3-6215D5D0D3DB/Savings(GovernmentContributions)Bill?highlight=medieval#contribution-4B249659-2107-4BEA-9A10-D2379777AD3B

[20] https://hansard.parliament.uk/Commons/2019-07-24/debates/6B8555D9-C899-4EA7-A843-A0C9DADB654F/KewGardens(Leases)(No3)Bill(Lords)?highlight=medieval#contribution-361D9E99-1A13-412A-8DE5-7F4BD7F7F7B3

[21] https://hansard.parliament.uk/Commons/2016-01-14/debates/16011449000002/HouseOfLordsReform?highlight=medieval#contribution-16011449000677

[22] See, e.g., https://hansard.parliament.uk/Lords/2016-06-27/debates/8CB4EC8E-411F-4045-92E4-446F13516817/OutcomeOfTheEUReferendum?highlight=medieval#contribution-CBF4D322-B20C-4C10-ADE0-AD891A28F8AC https://hansard.parliament.uk/Commons/2016-04-13/debates/16041336000001/TaxAvoidanceAndEvasion?highlight=medieval#contribution-28FEA400-200F-4182-984A-4DBD7430AF3B https://hansard.parliament.uk/Lords/2016-03-10/debates/FD21A151-46BF-4A03-911E-37994CF73EAF/BBCCharter?highlight=medieval#contribution-DB00D49A-0C51-4EF6-BA9E-3AB296E3048C https://hansard.parliament.uk/Commons/2016-10-19/debates/CA0685E2-6A97-43EE-8524-94C27A53AB25/HouseOfLordsReformAndSizeOfTheHouseOfCommons?highlight=medieval#contribution-34A75F18-1C6F-49DD-80AF-11254F40E1B8

[23] See, e.g. https://hansard.parliament.uk/Lords/2015-06-10/debates/15061061000109/Charities(ProtectionAndSocialInvestment)Bill(HL)?highlight=medieval#contribution-15061073000009 https://hansard.parliament.uk/Commons/2019-02-18/debates/69E286BB-03A2-4467-AB65-B3059436CD53/UKNationalsReturningFromSyria?highlight=medieval#contribution-7B804965-408E-4982-B521-A7A931CA1DD4 https://hansard.parliament.uk/Commons/2016-12-20/debates/FF51202E-34FA-48C7-B002-28DB6AF473AA/ChristmasAdjournment?highlight=medieval#contribution-842395D3-D9ED-49EB-ADC2-60A8CEB8B31A ‘medieval monsters’ https://hansard.parliament.uk/Commons/2015-12-02/debates/15120254000002/ISILInSyria?highlight=medieval#contribution-15120254000141

Saudi Arabian punishment: https://hansard.parliament.uk/Commons/2015-07-21/debates/15072129000001/HumanRights(SaudiArabia)?highlight=medieval#contribution-15072129000011 Saudi Islam https://hansard.parliament.uk/Lords/2016-10-13/debates/E8C50118-7D12-483C-9DA3-CA0D48BA2AC2/Yemen?highlight=medieval#contribution-3DD47A5E-AF9B-47B7-A06C-29DFDE0FB6D7

Iran v Saudi Arabia: a ‘medieval-off’: https://hansard.parliament.uk/Commons/2016-10-12/debates/E2AD1EFE-3C20-4387-967C-D7F976530F05/Britain-IranRelations?highlight=medieval#contribution-F12256FA-2B29-4BC2-898F-86D6AA293174

[24] Isis as medieval religious crusaders https://hansard.parliament.uk/Commons/2015-11-30/debates/1511303000001/MiddleEast?highlight=medieval#contribution-1511303000338

[25] brutality https://hansard.parliament.uk/Commons/2017-10-17/debates/85ADE193-5E40-4798-B15F-F916C81CD87D/TheRohingyaAndTheMyanmarGovernment?highlight=medieval#contribution-679DB413-861C-4F22-A461-48A13DD7B05B

Medieval behaviour https://hansard.parliament.uk/Commons/2019-01-22/debates/F7CFB3DD-5089-44EB-8EB2-E291EA9BC8C9/TopicalQuestions?highlight=medieval#contribution-68576A47-A567-47C2-8955-3773043828C9

‘Medieval’ watch: a Mirror of Injustices?

Time for a new ‘-watch’, I think. Not exactly a new peeve, but, like many of those who spend a lot of time trying to get to grips with the world of c.500-1500, I do tend to recoil at the frequent, lazy, and inaccurate descriptions of things regarded as brutal or primitive as ‘medieval’ (possibly also throwing in the ‘Dark Ages’, to compound the sloppiness). Today’s description in the Mirror, of Chinese ‘wet markets’ as ‘medieval’ ( https://www.mirror.co.uk/news/world-news/turtles-butchered-alive-medieval-wet-22037914 ) has prompted a bit of an investigation of how the modern press is (mis)using ‘medieval’. When I say investigation, I mean search on the website of the Daily Mirror, having persuaded the search engine that I do indeed want to look up ‘medieval’ and not ‘Meghan’ or ‘Megxit’. Still, it’s a start.

It seems to me that there are two main categories of misuse:

First, we have the straightforward type 1 ‘detached slur’ instances – in which ‘medieval’ is thrown in, as a synonym for all that can be thought of as backward. The ‘wet markets’ example is a classic type 1 case. While it is true that butchering practices in medieval England were not concerned with animal welfare, and were seen as a matter in need of regulation to avoid nuisance to cities, it is the scale of modern animal-exploitation which is the most dangerous thing in terms of disease-promotion. Were people to go back to medieval levels of meat-consumption, we would be likely to see a fall in many problems, including disease. I am a vegetarian, and would be glad to see an end to all sorts of animal slaughter, but focusing on ‘foreign’ practices, and labelling them ‘medieval’ feels very wrong. There is more than a touch of racism in it, as well as its inaccuracy from a historical point of view.

Then there are the type 2 cases in which there is a bit more of a chain of connection – the comparison is with a particular (supposed) aspect of medieval life, though either the connection is questionable, or the aspect of medieval life is represented inaccurately. A case of this type from the Mirror was their description of a deadly ‘duel’, allegedly set up to decide which of two potential love-interests would acquire a woman, as ‘medieval’: https://www.mirror.co.uk/news/uk-news/divorced-mum-arranged-medieval-fight-21034911 ; https://www.mirror.co.uk/news/uk-news/mum-who-arranged-fatal-medieval-21249149 Yes, there was such a thing as the judicial duel in medieval England, but, in the age of recorded legal history, it was not frequent, not necessarily deadly, and certainly not employed to decide between suitors. Had the paper wished to risk going a little closer to actual history, it might have thought about later duelling culture, from the early modern period. (You don’t often see contemporary behaviour described as ‘early modern’, do you?) Also worth noting that the facts here were about ‘foreigners’ as well: those involved were originally from Lithuania. In slight mitigation of the the paper’s offence, we might note that the ‘medieval duel’ idea seems to have originated with one of the trial lawyers. Presumably not one with good training in legal history.

Perhaps there is a third type, the ‘innuendo by juxtaposition’: a report of contemporary violence, in a situation which is portrayed as having a medieval connection, thus reflecting back on the medieval period an idea of violence. Such a ‘type 3: juxtaposition’ case can be seen in https://www.mirror.co.uk/news/uk-news/pancake-day-medieval-football-match-14093383 – an event dating from ‘medieval times’ (unexplored) resulted, in the present day, in violence. Readers are, arguably, being encouraged to conclude that there is something ‘medieval’ about the violence.

So, there is a lot of rubbish being spouted about the ‘medieval’. It is worth, finally, thinking about why I dislike it so much. Partly it is discomfort at unashamed ignorance: when there is such wonderful scholarship on the medieval world going on throughout the world. A larger part, however, is high dudgeon (not dungeon) at the contemptuous dismissal of people as human as ourselves as blundering, brutal idiots, and the concomitant self-congratulatory implication that we are doing so much better. Not so sure about that.

To be continued …

GS 17/5/2020

Ctd: Unsystematic ‘feudalism’ – use of ‘feudal’ by Parliamentarians

I was a little surprised to see that ‘feudal’ scored a mere 27 mentions in the 2015-20 debates.

The biggest cluster of references came in debates around leasehold reform in England and Wales.[i] Using ‘feudal’ here is intended to suggest that landlords are abusive, in the manner of medieval lords. There are two problems, though. First, leases are not feudal arrangements – check your Baker, Introduction to Legal History. Secondly, we have the ‘historical distancing’ thing again: the abuses perpetrated by modern landlords are a feature of capitalism, not feudalism. Calling them feudal lets capitalism off the hook. Using ‘feudal’ in discussing an unequal employment relationship falls into the same difficulty: abuses and power differentials are deeply embedded in relationships in the market economy, and throwing the f-word around distracts from that.[ii]

It comes up a bit in some of the same contexts as ‘medieval’, especially in lazy attempts to jazz up an argument that the government is behaving in an absolutist way.[iii] Look it up, people – autocracy and divine right kingship are not the same as ‘feudal’ monarchy.Sometimes, greater accuracy breaks out, e.g. unless you are a hardline medievalist who will not countenance any reference to the ‘feudal’, you are probably OK with Keir Starmer’s distinction between historical royal roles as sovereign and feudal lord.[iv]

On the whole, a poor haul. (Mind you, I have seen a few ‘feudal’ references recently in the press coverage of the Dominic Cummings ‘essential 250 mile trip during Lockdown’ episode – those terrible envious socialists suggesting that dear Dom was behaving somewhat unaccountably in crossing the country during a time of pandemic isolation – so we may see a bit of a resurgence …)

GS 23/5/2020

Ctd.: Magna Carta

Magna Carta

Since 2015 was a big anniversary, I would expect some MC-drivel in this section of Hansard. Mostly rather ‘samey’ though. There are predictably lazy suggestions that Magna Carta involved barons insisting on the ‘rule of law’ as if what they were after was remotely like the modern concept that goes by that name, as opposed to ‘their privileges’.[i] Some have had the intelligence to distinguish the charter and its myths.[ii] MC is ‘signed’ quite frequently (rather than sealed), but that is a relatively minor inaccuracy.[iii] It is a worse error to get its date wrong,[iv] or to identify the MC barons with the House of Lords.[v]

There are some generous/far-fetched interpretations of the narrow and self-interested chapters of MC as founding general ‘democratic’ rights. Thus, it seems a bit questionable that c.12 on scutage and aid can be scaled up to ‘no taxation without representation’,[vi] or that c.41 really supported a modern idea of free trade.[vii] Beyond exaggeration and straightforwardly wrong, however, is David Lidington’s statement that Magna Carta ‘mentions the importance of maintaining fish weirs in the river Thames’ – oh dear, cl. 33 is all about getting rid of these from rivers![viii] Obviously well qualified to be Lord Chancellor (later), with that impressive attention to legal detail.

GS 25/5/2020

[i] https://hansard.parliament.uk/Lords/2019-03-11/debates/48DA63DB-B1E1-4427-AAEA-4197441184D9/FurtherDevelopmentsInDiscussionsWithTheEuropeanUnionUnderArticle50OfTheTreatyOnEuropeanUnion?highlight=runnymede#contribution-1453B54D-84C2-4211-A0A1-F3AA8EB99106

 

[ii] https://hansard.parliament.uk/Commons/2015-05-28/debates/15052828000003/HomeAffairsAndJustice?highlight=magna%20carta#contribution-15052828000532 https://hansard.parliament.uk/Commons/2015-06-30/debates/15063035000001/HumanRightsAct?highlight=magna%20carta#contribution-15063035000045

[iii] https://hansard.parliament.uk/Commons/2015-06-03/debates/15060324000002/DevolutionAndGrowthAcrossBritain?highlight=magna%20carta#contribution-15060324000528

[iv] https://hansard.parliament.uk/Lords/2018-02-26/debates/6C8A5D63-CA0F-4393-B028-B914B7F4F495/EuropeanUnion(Withdrawal)Bill?highlight=magna%20carta#contribution-950B417D-90BB-4EA4-9D96-58C37B42D404

[v] https://hansard.parliament.uk/Lords/2018-02-26/debates/6C8A5D63-CA0F-4393-B028-B914B7F4F495/EuropeanUnion(Withdrawal)Bill?highlight=magna%20carta#contribution-950B417D-90BB-4EA4-9D96-58C37B42D404

[vi] https://hansard.parliament.uk/Lords/2019-10-21/debates/56AF9C6F-59F6-4F48-9A7D-C03AEEEF7EB7/Queen’SSpeech?highlight=magna%20carta#contribution-B11431F5-6429-4A48-8789-E429E2BA0341

[vii] https://hansard.parliament.uk/Commons/2019-02-28/debates/43B3BCE8-E19A-47EC-AAA6-588F13697380/TopicalQuestions?highlight=magna%20carta#contribution-5EA86517-2B1D-475B-9440-95621BBD84BA

[viii] https://hansard.parliament.uk/Commons/2017-03-23/debates/21613DF3-90F7-4CE7-B62E-D23583C8366E/BusinessOfTheHouse?highlight=magna%20carta#contribution-7BCCF3C7-041E-486C-9B6B-7CE17D4211B5 http://magnacarta.cmp.uea.ac.uk/read/magna_carta_1215/Clause_33

[i] See, e.g. https://hansard.parliament.uk/Commons/2018-04-30/debates/74C70C7C-8A72-4710-996D-6B266212735C/TopicalQuestions?highlight=feudal#contribution-5818858B-2BB8-471B-809B-8F89DDB35F9F

https://hansard.parliament.uk/Commons/2019-10-23/debates/D3DCA636-3FA8-41A2-9EDB-E32E12970166/Engagements?highlight=feudal#contribution-EB7A7995-E0F5-43A4-817A-2D51C95D1EFF

https://hansard.parliament.uk/Commons/2020-01-13/debates/FCF3122B-CF68-4785-9095-BA0F274C79B4/LeaseholdProperty?highlight=feudal#contribution-EE1CAEC9-0F76-4E54-AF4D-532B5C3355BC

[ii] https://hansard.parliament.uk/Commons/2015-06-29/debates/1506308000001/PostOfficeHorizonSystem?highlight=feudal#contribution-1506308000027

[iii] https://hansard.parliament.uk/Commons/2017-09-11/debates/B10868CD-F096-47A2-84EE-A902C8A271BE/EuropeanUnion(Withdrawal)Bill?highlight=feudal#contribution-259D7E72-2BBB-4F75-9D89-CB7C8B2E9CF4

[iv] https://hansard.parliament.uk/Commons/2016-10-12/debates/F327EC64-3777-4D40-A98D-BEC2E11763A2/ParliamentaryScrutinyOfLeavingTheEU?highlight=feudal#contribution-29ED1899-E810-4057-A369-AE3941958732

Top Ten Gwens: an entirely trivial list

Named after my grandmother, and as an embodiment of Welsh heritage, I have always been proud of my name (it’s the sort of bone-headed pride which comes despite not having a hand in the choosing of it). Today, this splendid name seems to be in something of a decline – even on the lists of Welsh baby names (it’s all about Seren, apparently). So here, to assist in the Gwenaissance, is a list of fabulous Gwens of past, present and the fictitious imagination…

  1. Gwen Cooper (Torchwood) https://www.youtube.com/watch?v=cYxWY1r7BiM (she’s not English, you know)
  2. Gwenllian ferch Gruffudd https://en.wikipedia.org/wiki/Gwenllian_ferch_Gruffydd (definite Xena, Warrior Princess vibe) See this rousing trailer: https://twitter.com/BBCWales/status/1264605832081072136 – I’m not the only one who thought Xena.
  3. Gwenllian ferch Llywelyn (tragic stolen medieval baby princess, but has her own society) http://www.princessgwenllian.co.uk/
  4. Gwen John (artist) https://biography.wales/article/s3-JOHN-MAR-1876 (talented, slightly scandalous).
  5. Gwen Guthrie https://en.wikipedia.org/wiki/Gwen_Guthrie (nothing going on but the rent: first non-British Gwen I ever came across: international Gwen-solidarity)
  6. Gwen(ffrewi) St Winifred – she of the bouncing head, decapitation/stiched back on miracle: well, well … https://en.wikipedia.org/wiki/Saint_Winifred https://www.stwinefrideswell.org.uk/
  7. Gwen(doline) Mary Lacy, from Malory Towers. Misunderstood and misrepresented by her goody two-shoes over-privileged boarding school nemesis, Darrell Rivers. Quite right not to like lacrosse.
  8. Gwen from the film Gwen (a bit scary, but nice big GWEN on the poster – good for Gwen-awareness… https://www.empireonline.com/movies/news/exclusive-new-trailer-and-poster-for-dark-drama-gwen/ )
  9. Gwen Stefani (what is she up to? Deserves her place for barking brilliance of Rich Girl)
  10. Gwen Torrence (official fastest Gwen in the Gwenlympics https://en.wikipedia.org/wiki/Gwen_Torrence )

Go Gwens!

GS

16/5/2020

And hello to a new Gwen

New to me at least – check out this piece on Gwen Farrar – a vintage comedic Gwen (category: Gwentertainment)  https://womenshistorynetwork.org/partners-and-pals-by-alison-child/

18/9/202

A blow to Gwen-awareness

This week, like much of academia in the UK and elsewhere, I have been in recording and captioning mode, as we prepare for the new Blended Learning World (the sensible bit  – online learning – rather than the ludicrous face to face during a pandemic bit) and I have learned a terrible truth: the captioning software does not recognise the name Gwen. I am therefore ‘when seaborne’ … Not so bothered about the second bit – in fact my family did spell it without the u until c. 1900 when they decided Seabourne was posher, or something. But not recognising ‘Gwen’ – clearly an outrage!

 

 

 

Additional Pages: A historical source in their own right

For most of my academic career, reading at speed, and always off to the next book on the list, I have skipped and skimmed the ‘additional pages’ – the Roman-numbered ones at the beginning and end of a volume, containing the preface and index. More recently, though, I have become a little obsessed. First of all, I started looking at the index of any book I was reading, to see whether they had anything to say about women (in the case of Legal History books, the answer was very often no). Then, more recently, I have started to read prefaces. A particular feature seems to be the ‘minimising and patronising thanks’ motif – especially the brief, duty-bound, mention of women who no doubt did more than the transcription and typing credited to them. The attitude conveyed is one of arrogance and self-importance, seeking to emphasise the author’s own struggle, importance and genius. A particular gem turned up in my reading today, featuring not only women-minimising, but also something of an under-estimate of the others involved in bringing a book to press.

 

In Selden Society vol. 62, C.T. Flower, Introduction to the Curia Regis Rolls (London,. 1944), Preface, viii, Our Cyril (as I am sure he was known) informs his reader that ‘This book has been read in proof by my colleague, Mr. L. C. Hector, who has made numerous suggestions, of which I have used a very large proportion. I am greatly indebted to Mr. Stuart Moore for his unfailing encouragement, and to Professor Plucknett for his careful scrutiny of the proof sheets. My wife has made my task much easier by typing more than half the text, although she was at the time crippled by an accident. A last word of thanks is due to the printers, on whom the times in which we are living must have imposed great difficulties, of which they seldom made me aware.’

 

So what sets my teeth on edge here? Well, first of all it is the bit about his wife. No name. It’s his wife and he can’t even be bothered to include her name. According to his ODNB entry, it was Helen Mary Harding, before she married Cyril. Thereafter, apparently, ‘my wife’ sufficed. Then there is the ‘more than half the text’ – was it really necessary to go into proportions? And finally, the implications of this poor woman typing away whilst badly injured (we will pass over ‘crippled’: vile though it is, it was probably not out of the ordinary at that time). The idea that, during WWII, it was thought to be so urgent a matter to get out a volume on medieval legal records that a very-injured woman was called upon to type it up suggests both a lack of perspective and also a less-than-healthy partnership. The dismissal of the printers and their ‘great difficulties’ in a few bland words also seems jarring – and is there a hint that they sometimes did make him aware of problems (uppity little tradesmen! Don’t they know how important the work of a learned society is? Hitler will look upon my disussion of essoins in thirteenth century records and despair!)?

 

I shall continue to seek out dodgy preface remarks: they seem to be an interesting window into the mental world and self-regard of earlier scholars, and the lives of Legal Historians’ Wives. There seem to be so many ways to go wrong in a preface – self-indulgence, boasting, performative thanking, general dullness – that I do wonder whether we might not do away with them and just, you know, write the book. Which is what I am supposed to be doing now.

 

GS

4/4/2020

Done or in dereliction of duty? A medical dispute in medieval Sussex

Well, looking at this sort of thing during the awful events of the present does make me feel as if my skill-set qualifies me for Golgafrinchan Ark Fleet Ship B* (*If you don’t know what that is, you are not my friend. Read The Hitch-hiker’s Guide to the Galaxy at once!) but I hope it does something for general morale and the gaiety of nations. It’s certainly keeping me going today.

Join me for another little tale from the Plea Rolls and Year Books – this time with a medical theme.

Master Simon of Bredon v. Prior of Lewes (1367)

Back we go to 1367, reign of Edward III (characterised by some terrible sweeps of infectious disease, but that’s not where this is going). England and France at war, off and on, all sorts of chivalrous things happening. Down in Lewes, in Sussex (site of a big 13th C battle, later to be home of a dubious Guy Fawkes parade), there is a house of Cluniac monks. They are much aggrieved to be taken to court by a medical man (or former medical man) called Simon, who claims that they owe him money.

Simon is Master Simon of Bredon, a doctour de physick, and he is bringing an action of annuity. He claims that the monks are in arrears with payment of sums they had undertaken to pay him, to the tune of £30. The prior (who I take to be John de Caroloco) and monks, however, argue that they should not have to pay the money. Both sides accept that there was an agreement to pay Simon some money – £20 per year, in two tranches – but there is disagreement as to whether this came with strings attached. The prior argued that it was a sum in recognition of Simon’s obligation to offer medical assistance to the house and its brethren, and Simon had utterly failed to do so, in the case of a former prior, Gerard (Gerald Rothonis was prior in 1363, according to the Victoria County History entry). Gerard had fallen ill, and Simon, who was at Mayfield (?), not regarded as too distant, had been sent for. He had refused to come.

Simon appears to have tried more than one line of argument for his position that the money should be paid. According to the Plea Roll, he argued that the money had not been conditional on his medical attendance or advice, and that he was, and had been, in poor health, having been struck by an illness called ‘gutta’ (I am tempted to say ‘gout’, but, in current circs, can’t get to a dictionary of medieval medical terms to check that; whatever it was, it made him helpless at some times, but able to function at other times). The same source also shows him claiming that the annuity was not a payment for future medical services, but a ‘reward’ for having given up to the prior the church of which he had previously been parson. The Year Book account includes additional technical pleas (to do with ‘doubleness’ of some of the other side’s pleading, and the wording of the original deal – did it oblige Simon to come in person and give medical advice, or something less than this; did it require medical advice or some more general counsel, since it did not specify). There is more detail on the prior’s pleading, including the idea that what was expected for a private, or internal, ailment like Gerard’s was examination of the urine – a classic medieval diagnostic procedure. There is a lot of interesting debate on the place of medical professionals, and the nature of expertise (of medics and lawyers). Simon gets into difficulties because his case about giving up the church does not have the sort of gold-standard evidence that the priory can produce: it is not mentioned in the parchment-work, while he is described as a doctor of physic in that document, and has not denied that he is one.

There is less difference between plea roll and year book than is sometimes the case, but the vocabulary and detail varies, so that those interested in this sort of arrangement will find it rewarding to look at both.

In the end (and, for once, we do have a result) Simon lost. He did not recover the ‘arrears’, and, what is more, had to pay for having brought a false claim. As ever, it’s impossible to know the truth – was Simon a poor infirm former medic who had given up his church and was supposed to be supported by this annuity, out of which the priory managed to weasel, or was he an arrogant and negligent doctor who would not attend his monastic clients? If he really was old and infirm, and needed to be looked after in his final years, he would probably not have chosen to approach the Priory of St Pancras for charity.

 

GS

22/3/2020

 

References:

Plea Roll: CP 40/426 m. 433, 433d http://aalt.law.uh.edu/AALT4/E3/CP40no426/aCP40no426fronts/IMG_0635.htm

http://aalt.law.uh.edu/AALT4/E3/CP40no426/aCP40no426fronts/IMG_0856.htm

Year Book: see Seipp 1367.014 http://www.bu.edu/phpbin/lawyearbooks/display.php?id=13743 for the case, and a link to the ‘black letter’ report.

On the Priory of Lewes, see https://www.british-history.ac.uk/vch/sussex/vol2/pp64-71#anchorn99

A’ things hae an end … post-Christmas musing

Twelfth night is upon us, and although I have taken the decorations down, I am looking at a pile of still-to-be-gobbled Christmas puddings. This may explain why my mind has been turning on a pudding-related issue from a late-medieval legal treatise today.

Littleton’s Tenures is not an especially easy or exciting read, and I had been putting (or pudding?) off checking some bits of it for a project I’m working on. Finally made myself do it today, only to be sidetracked by Littleton Bk 3 c 2 ‘§ 267, a passage on something called ‘hotchpot’. Without getting too tedious, this is to do with ensuring fair shares of property to a group, by looking at assets together. To the extent that I had ever thought about the word, I suppose I would have seen a connection with the ‘hotpot’ produced in great quantities once upon a time by Coronation Street’s Betty Turpin. But Littleton sees it not as a stew, but as a metaphorical ‘puddyng’ in which we might expect to see a variety of ingredients. His description is a little reminiscent of some of those Great British Bake Off technical challenges – ‘for in this pudding [puddyng] is not commonly put one thing alone, but one thing with other things together’. But what things, Littleton, what things? Are we talking sweet or savoury – or one of those sweet v. meat horrors?

We need to know!

GS

5/1/2020

Sashaying away (from imprisonment) in medieval Warwickshire

Time for another story from the medieval plea rolls. This one is, I suppose, vaguely appropriate to pantomime season, involving, as it does, a touch of cross-dressing. The leading man is not a sympathetic character, but it is hard not to have a sneaking admiration for his female co-stars.

The story emerges from a presentment, in a roll from 1306, at the end of the reign of Edward I. It can be seen at JUST 1.966 m.8 (AALT IMG 8919). The jury of Kineton hundred stated that Robert de Henynton or Hyninton had killed Robert son of Henry Roger of Compton Scorfen, in that settlement, in 1298. (See what I mean about him not being the most sympathetic character?). The murderous Robert then fled to the church of Compton Scorfen (this one? https://britishlistedbuildings.co.uk/101024126-church-of-st-mary-ilmington#.Xgj7zG52uUk ) and stayed there for eight days. He could have used this time to arrange to confess his crime and abjure the realm, but this was not the way things went. While he was in the church, two women took a leading role in helping him: his wife, Clarice, and his sister, Alice. They seem to have buttered up the men who were guarding the church, and arranged a cunning substitution of Alice for Robert, involving sneaking in women’s clothes for Robert to wear, to facilitate the whole sashaying away thing, while Alice stayed to face the music, dressed in Robert’s clothes.

The plan worked – at least for Robert. He seems to have got clean away, though he did forfeit his chattels, worth the large sum of £10 13s 10d, because of his flight from royal justice. Where he went is not clear, though apparently he was dead by 1306. Back in 1298, the sheriff had been ordered to arrest Clarice and Alice, once the deception was discovered. Alice at least was arrested and imprisoned at Westminster. It is not clear how long she remained there.

In 1306, Clarice was still alive, and keen to set the record straight. She came before the royal justices and presented a royal pardon, which had been granted to Robert in September 1298, for his good service in Scotland. This was no forgery – it is enrolled on the patent rolls (see CPR 1292-1301 p. 363). While this would have put an end to Robert’s problems with royal justice, however, it is interesting to note that a pardon did not amount to a blotting out of all guilt: the part played by Clarice and Alice was still held to be blameworthy, and there was an expectation that they would pay money to the king to make up for their transgressions. Since the jury said that they had no assets from which to make such a payment, however, this did not happen.

Alice did not come to this later hearing, and it remains a mystery what happened to her. Was she, like her brother, dead? The jury, which confirmed his death, said nothing to this effect with regard to her. I would like to imagine that she had used her undoubted pluck and resourcefulness and slipped away once more.

GS

29/12/2019.

Two sorts of labour: maternity and employment, medieval style

Officially not ‘work’: this is a contribution to solidarity with workers everywhere, and everywhen…

[This one seems an interesting case to note today, somehow, as my union, the UCU, is striking once more to try and do something about deteriorating working conditions, and the pitiful progress on gender and other equalities issues which appears to satisfy university management.]

The plea rolls of the fifteenth century Court of Common Pleas have a lot of ‘labour law’ cases, based on the post-Black Death labourers legislation. Although each concerns a dispute which mattered massively to the individuals involved, the records are mostly fairly repetitive: parties argue as to whether there had been an agreement to serve, or a leaving without permission, or a removal or enticing away of a servant by another employer. Occasionally, though, there is one which stands out and lets slip something which goes a small way to illustrating the world of employment relations. Such a case is that of Nicholas Welkys and Geoffrey Molde, cleric, of Royston, Hertfordshire, at CP 40/645 m.39, from Easter term 1422.

Nicholas alleged that Geoffrey had stolen away his servant, Alice Valentyne. Nicholas said that she had been employed by him, at Royston, on a one year contract, as a domestic servant (ancilla). Geoffrey’s action, on the feast of St Stephen, in the king’s eighth year,[i.e. 26th December 1420] had caused him to lose her services for ‘a long time’ (in fact 6 days) which had damaged him to the tune of ten pounds. There were the required allegations of force and arms and the whole thing being against the king’s peace, though whether or not there was likely to have been any sort of force depends on whether one believes the story of Nicholas or that of Geoffrey.

Geoffrey’s story was that he had done nothing wrong because he had actually retained Alice, from the feast of the Nativity of St John the Baptist in year 8 [i.e. 24th June, 1420?], for a year, as an ancilla. According to his version, on the feast of [the translation of ] St Edward, King and Confessor [13th October, 1420], Alice had left Geoffrey’s service without licence or just cause, had gone to work for Nicholas until [26th December], then, of her own free will, returned to Geoffrey, who had the better right to be her employer, and had, consequently done Nicholas no damage.

Nicholas agreed that Alice had been hired by Geoffrey earlier on, but claimed that, on the feast of St Edw Conf yr 8, because Alice was heavily pregnant, near to giving birth and unable to serve Geoffrey as envisaged, Geoffrey had given her permission to leave his service, and Nicholas had hired her from that day, for the following year. She had served him in Royston, so he said, until Geoffrey had abducted her with force and arms.

Geoffrey said he had not allowed Alice to leave his service. A jury was ordered to be summoned to decide whether there had, or had not been such permission, and so whether Geoffrey could be guilty of the abduction offence alleged.

I have not yet tracked down the outcome, but, as is often the case, the pleading itself discloses some interesting nuggets about medieval employment and attitudes to women, and pregnancy. Whatever the truth as to whether Geoffrey gave Alice permission to leave, it is very clear that being heavily pregnant was seen as a reason to end the employment relationship. We would not expect a medieval employer to have much of a maternity leave policy, perhaps, but it does raise questions about how working women coped with late pregnancy and birth. If Nicholas’s story is true (and it was presumably seen as at least plausible) the implication seems to be that Alice had to, and was able to, find a new place while at an advanced stage of pregnancy. That struck me as both sad (in terms of the apparent desperation on her part) and also interesting (in the sense that Nicholas seems to have been willing to take her on whilst pregnant and unable to do much, if any, work).

There are, of course, all sorts of other questions – such as who was the father, and what happened to the baby. Inevitably we will wonder whether Alice had been subjected to abuse, or whether she might have had some sort of approximately consensual relationship with Geoffrey. Might her surname, ‘Valentine’, even indicate some involvement in sex work/concubinage? No answers to those, but intriguing all the same.

25/11/2019

‘Stillbirth’ or fleeting life? Beyond curtesy

I recently published an article on tenancy by the curtesy in medieval England:

Gwen Seabourne (2019) ‘It is necessary that the issue be heard to cry or squall within the four [walls]’: Qualifying for Tenancy by the Curtesy of England in the Reign of Edward I, Journal of Legal History, 40:1, 44-68, DOI: 10.1080/01440365.2019.1576359

Curtesy is a topic which touches upon traumatic and tragic childbirth, and the difficulty in determining whether or not a baby was ever alive (in order to decide whether or not a man had produced ‘live issue’ with his wife, and thus qualified for curtesy. As is not uncommon, I have now come across something I’d love to have included in the article: linked chronicle accounts of a birth ending in the death of mother and baby, with some interesting inclusions and omissions of information.

The narratives are mentioned in L.E. Mitchell, ‘The most perfect knight’s countess: Isabella de Clare, her daughters and women’s exercise of power and influence 1190-c. 1250’, in H.J. Tanner (ed), Medieval Elite Women and the Exercise of Power 1100-1400 (2019) c.3, p. 61, citing Matthew Paris,  English  History  tr. J.A. Giles (3 vols HG Bohn, 1889) I:255.

The unfortunate mother was Isabelle countess of Cornwall (wife of Richard, earl of Cornwall, and daughter of William Marshall and Isabella de Clare). Her demise was noted to have occurred in 1240, along with that of her baby, named Nicholas. She was said to have been ill with jaundice, and to have been sufficiently forewarned of her impending death to make her confession. The birth itself was skated over, and there is an interesting disparity with regard to the state of her offspring: Mitchell notes that ‘the nurses hoped that the child would be born alive, but it was dead’, whereas the child was said, elsewhere to have been born alive, but not lively or not active (vivo, sed non vivido – H. Luard (ed.), M. Paris Chron. Maj. vol 4) and there is no particular mention of the nurses, who, in Giles’s version, named the child despite the fact that it was dead. I would like to check the MSS on this, since the state of the child is potentially crucial in terms of both common law (child born dead does not ‘count’ in the same way to give father property rights – though in this case, Richard had already ‘passed’ this test, with previous live births) and canon law/theology (a dead child can take no benefit from baptism, and the ‘nurses’, though they could perform emergency baptism, had no right to perform this sacrament on what modern parlance would term a stillborn child). Vincent’s account of Richard of Cornwall in the ODNB also says that the child was ‘stillborn’. Perhaps it seems a ‘picky’ point, and it did not seem to have any immediate practical consequences for Richard, or anyone else, whether the baby was ever alive. In relation to curtesy, and the roughly  contemporary accounts of curtesy, such as those in Bracton, however, the possibility that a dead baby may have been baptised is important, since it feeds into Bracton’s suggestion of the likelihood of fraud and mis-reporting by those present at a birth of the state of the baby.

Yet another farming/proprietary estoppel case …

Once again, farming and family squabbles are to the fore in a recent proprietary estoppel case: just out (dropped?) on BAILI – Guest v. Guest [2019] EWHC 869 (Ch) https://www.bailii.org/ew/cases/EWHC/Ch/2019/869.pdf

The case was heard in Bristol by HH Judge Russen. Spoiler – the claimant was found to have made out his case. Not massively surprising in terms of outcome, but it does reinforce some ideas I have about this fertile area for land law.

  1. I suspect that this comes from spending much of my time with my Legal History hat on, looking at much shorter old common law reports, but I am often a bit taken aback by the level of judicial comment about impressions of the character of parties and witnesses. No doubt it is important to the decision that the judge makes a choice as to which of two disagreeing parties is to be preferred, but how much further is it appropriate to go? Does it help future decisions? Do people appearing in court know the level of detail of such comments (and general dirty laundry airing – arguments, personal letters, accusations of laziness, forgery, being a poor farmer…) which will be included in these public reports. Aside from the excellent follow-up on Valerie Burns (Dawn Watkins (2013) Recovering the Lost Human Stories of Law: Finding Mrs Burns, Law and Humanities, 7:1, 68-90) I am not sure what work has been done in this area. I think it would be a nice project for somebody.
  2. Farmers. A great deal seems to emerge from these cases about the relationships between farmers, business, land law and family. This case includes some interesting assumptions about what should happen to farms over generations (preference for sons over daughter being in charge? Strong idea of a male head of the family? Perhaps some lingering idea of primogeniture, or at least it being the destiny of the eldest son to farm the land). There is some idea that the mysteries of proprietary estoppel are making their way around the farming world – with a reference to the claimant here knowing about Davies v. Davies, though his mis-spelling of ‘Proprietary Stopol’ (which the judge chooses to include) suggests word-of-mouth transmission of the concept. Another interesting project would be an investigation of knowledge of this doctrine, and the extent to which it may have affected conduct in family-run farms. The impression given by a number of these cases is that, while farmers have to juggle many schemes and regulations, and take advice on how to organise their business in order to take advantage of subsidies and tax breaks, they are not necessarily taking account of proprietary estoppel, particularly in its modern incarnation, post Thorner v. Major. This case suggests some awareness that it is important to have records of what is said (there are a number of secret recordings mentioned), so perhaps things are moving, but it also suggests that the defendants had a somewhat out of date reliance upon the idea that it would always be legitimate to change things by altering wills.

 

GS

18/4/2019