From Crime to Punishment – part 2

October 27, 2009

If there were no watchmen around, there was no choice other than to run after the criminal yourself.  If you discovered a felony, you were legally obliged to apprehend those responsible and notify the constable.  Also, if a constable was trying to catch a felon, he could require people to join the ‘hue and cry’.

In this case, a man explains the steps he took to catch the highwayman:

This isn’t a Garrow case and it shows you just how swift and harsh the justice was.  No defence counsel, not even a prosecution.  Basically, the judge was in charge and played all the parts …

http://www.oldbaileyonline.org/browse.jsp?id=t17830115-6&div=t17830115-6&terms=stop|theif|garrow#highlight


Mark Pallis speaking on Garrow in London

October 26, 2009

Hi,

If you enjoy Episode One of Garrow’s Law on Sunday and want to find out more, you can come and catch me giving a lecture on William Garrow at the Legal Biography Project of the London School of Economics on 3rd November from 1800h – 1930h . For more details:  http://www.lse.ac.uk/collections/law/projects/legalbiog/lbp.htm

Hope to see you there!  Mark


From Crime to Punishment – part 1

October 26, 2009

In this category of blogs, I am going to set out what happened from the moment a crime was committed right up until the person was sentenced.  But I won’t tell the story myself, I’ll leave it to the people who actually experienced it ….

A common way for crimes to be detected is that a Night Watchman would hear or see something.  Have a look at the case of Henry Morgan 15 September 1784, we hear from a Watchman examined by Garrow in the Old Bailey.

http://www.oldbaileyonline.org/browse.jsp?id=t17840915-1&div=t17840915-1&terms=stop|theif|garrow#highlight

Tomorrow, we’ll see how Victims could also bring cases ….

Mark Pallis


Garrow’s London

October 23, 2009

Garrow’s law is set in London at the end of the 1700s.  It was quite a time to be alive:  the American Revolutionary War had just ended, leaving thousands of disgruntled British soldiers looking for work; the had been a revolution in France, and back in England there winds of change were starting to blow.  People were starting to talk about rights, and about democracy. The movement to end slavery was getting going, women, like Mary Wollstonecraft, were asserting themselves and talking about the rights of women.  And reform was in the air, people were getting frustrated with the corruption in parliament and were hungry for change.

And all this was being played out in a new public arena.  There had been an explosion of newspapers and journals:

  • In 1770, London has 5 daily papers;
  • In the 1780s, it had 9 dailies, 8 tri-weeklys and 9 weeklys;
  • In the 1790s, it had 14 dailies, 7 tri-weeklys and 2 weeklys.

But whilst there was change on one side, on the other the ruling classes were battening down the hatches and steeling themselves.  They were quite with things as they were thank you very much!

Mark Pallis