Tag Archives: Historical Research

Prisons and aliens: new articles of legal-historical interest, January 2016

Prisons and aliens: new articles of Legal Historical interest, January 2016

Two to note on ‘early release’ from Historical Researchhttp://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1468-2281/earlyview

J.M. Moore, ‘Reformative rhetoric and the exercise of corporal power: Alexander Maconochie’s regime at Birmingham prison 1849-51’, explores the wide gap between what was said and what was actually done by this former Australian penal settlement gaoler in the new prison at Birmingham, and provides an important correction to  the former positive view of his practices. Maconochie’s ‘mark system’ ideas of task-based sentences leading to mental submission are quite well known. The lack of political approval of a trial of the mark system in the domestic context is interesting, however, and the evidence on actual practice in Birmingham given here is, however, illuminating (in a dark way). Unable to link tasks/behaviour and length of sentence, Maconochie linked these things to food and conditions in a very harsh way, and was rather keen on flogging boys and imposing lengthy physical restraints on women. A lack of respect for the need to record such punishments, and the use of his family members in various unofficial roles in the prison combine to give the impression of an arrogant man who did not respond well to frustration, and was determined to try and push through his theories, despite opposition. (I would like to hear more about his wife’s attempts to use mesmerism and homeopathy in the reform of prisoners though).

B. Lambert and W.M. Ormrod, ‘A matter of trust: the regulation of England’s French residents during wartime, 1294-1377’ looks at the treatment of suspect aliens during periods of uncomfortable relations with France, under the first three Edwards. The article notes the flexible response of government at various levels to the ‘problem’ of aliens. ‘Nationality’ was not regarded as a simple or conclusive matter at this point, before the late-14th C introduction of the formal process of ‘denization’ became established. Important differences between the treatment of ‘alien priories’, nobles and those of lower social rank are noted here, with the suggestion of a move from heavy to more flexible regulation in the case of the last group which may be at odds with expectations from earlier research on alien priories and nobles. The central argument is well made and there is much hard-won and useful detail on practice. From a local point of view, it is interesting to see the lack of desire to aggravate foreigners evident in the report of a mayor of Bristol, asked in 1337 to assess and identify the property in the city which was held by Frenchmen, for purposes of confiscation, who chose to say that there just wasn’t any (which was surely untrue) (p.12). Thinking more widely, this article provides very useful ideas and material to include in historical (and current political) work on the nature of nationality and allegiance, and on immigration, beyond the medieval period.

GS 16/1/2016

Articles of interest for legal historians in the latest edition of Historical Research

There are three articles of particular interest for legal historians (as well, of course, as other historians) in the latest edition of Historical Research. (2015, online preview). http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1468-2281/earlyview

First of all, we have Helen Killick, ‘Treason, felony and Lollardy: a common petition in the hand of Richard Osbarn, common clerk of the chamber of the Guildhall’ This makes interesting points about the role of scribes in the petitioning process, so supplementing the interesting work done by several scholars (particularly Gwilym Dodd) in the area of petitioning in recent years. For legal historians,and in the year of Magna Carta’s 800th anniversary, a particular interest will be in the light thrown upon the problem of long imprisonment without trial. There are also some good points in relation to the mechanics of imprisonment and its organisation, and on perceptions and treatment of accused felons, traitors and heretics.

Then there is Francis Calvert Boorman, ‘The “stormy latitude of the law”: Chancery Lane and street improvement in late Georgian London’. This is a period and topic with which I am less familiar, but which will certainly be useful for setting the scene – complete with runaway oxen, bad cart-driving and the crazy paving of London local jurisdictions – for my students as they consider the world of the legal profession in this era.

Finally, and of particular interest to those of us who have contributed to the forthcoming collection, M. Bennett and K. Weikert (eds), Hostage-Taking and Hostage Situations: The Medieval Precursor to a Modern Phenomenon (Routledge, 2016/2017) is Jacqueline Bemmer, ‘The early Irish hostage surety and inter-territorial alliances’. This is a very scholarly treatment of a complex, and very old, body of law on relations between different polities, and methods of securing peace between them. (It also brings up the very intriguing figure of the ‘lord of slaughter’, an official enforcer of vengeance).

GS 18/12/2015