Category: Government

Trial by Combat

Trial by Combat

Or the Changing Face of Justice

 “Those woods are mine and mine alone for hunting.”

“I am afraid, sir, that you are mistaken. Thos woods belong to my family and have been for six hundred years.”

“The deed to the land says otherwise.”

“My sword says more otherwise than the deed.”

“En guard!”

With clashing swords and combat to first blood or death, trial by combat, whether criminal or civil, was not an uncommon way to settle disputes in England in the Middle Ages. In fact, the issue arose in 1818 when someone demanded to settle a dispute in such a manner.

“Are you saying that is still on the books?” One can hear the authorities exclaim. “But we are civilized now. We have a different system.”

Yes, indeed, it was still on the books, though hadn’t been used for hundreds of years.

By the Regency, England’s courts had evolved from the days of trial by ordeal or combat or simple pronouncements from on high. They had become a complex and loosely jointed system of magistrates, justices of the peace, and circuit judges for the assizes.

How the system evolved from the days of Anglo-Saxon rule until the Regency is a complex system on which entire books have been written. This is a brief description of the duties of the men who handled around ninety-five per cent of England’s criminal cases during our time period. It changed again in 1830, and then again in 1971, and we don’t need to fret about those because this is its own era.

Who were justices of the peace and magistrates? They were usually gentlemen who sat in the various offices in London, hearing criminal trials brought to them from various sources. Coroners for murder, for example. Bow Street is the most famous of these offices, and possibly the most famous of the Bow Street magistrates is Sir John Fielding, brother to the eighteenth century author and also a Bow Street magistrate.

Fielding, Sir John, was called the Blind Beak of Bow Street. A “beak” in street cant, was a respected man. Sir John was blinded serving in the royal Navy, but legend has it that he recognized the voices of 3,000 criminals.

Outside of London, we had justices of the peace. These were gentlemen, but not peers. If a peer was a justice of the peace before gaining a peerage, he could keep the post, and peers did not take on the role. JPs performed the same duties of hearing cases as did magistrates. They were simply outside of London. Both sent serious criminal cases up the chain to higher judges.

On a side note here, neither magistrates nor justices of the peace could perform weddings at this time. That fell solely under the jurisdiction of the Church of England.

Outside of London, circuit judges traveled around the country and held trials at the assizes. Assizes occurred twice a year. That meant an innocent man accused of murder could languish in prison for up to six months until the next meeting of the assizes.

Inside London, serious crimes such as murder were heard by the Court of the King’s Bench.

Sadly, corruption, taking of bribes, and other forms of misconduct by judges was not uncommon. In some eras, though I haven’t found much evidence of it during the Regency, judges were removed and even sentenced to death for corrupt practices.

Regardless of these slips into sin, a trial before a judge and jury proved far more effective than trial by combat or ordeal.

Originally posted 2012-11-30 10:00:00.

Why There Was A Regent ~ The Decline of King George III

King George III, by Gainsborough
King George III, by Thomas Gainsborough, via Wikimedia Commons

Any Regency aficionado knows that many of our stories are set in the years 1811-1820 when George IV, Prince of Wales was made the Prince Regent. In the Regency Act of 1811 Parliament determined that King George III was unfit to rule. But what do we know of King George III, what is the legacy he left behind during the longest reign of a king up to that point in history?

Personally, he married Charlotte of Mechlenberg-Streltitz and bore fifteen children. It says much about the time that, though his popularity waned over his reign,England’s populace was always proud of him for being faithful to his wife of 59 years!

Source: Wikicommons – Queen Charlotte

Side note: Queen Charlotte is noted to have African ancestry, from Margarita de Castro e Souza, a 15th-century Portuguese noblewoman part of the black branch of the Portuguese Royal House. English Royal painter captured her appearance without softening her features which was called mulatto in nature.

His two eldest sons, George IV (later Prince Regent) and William IV left him constantly faced with their excessive extravagance, dissolute lifestyles and profligate ways. Both of those sons eventually wore the crown, but died without surviving legitimate children.

That began the reign of Queen Victoria, the last monarch of the House of Hanover.

King George III by Beechey
King George III in battle, painted by William Beechey, via Wikimedia Commons

As king, war was the one constant of King George III’s reign. He oversaw the defeat of France in the Seven Year’s War, and was subsequently nicknamed “The King Who Lost America” from the constant battle with the Colonies’ War of Independence. But with the defeat of France in the Napoleonic War,Britain emerged the world’s leading power, though King George III was not in power when it ended.

In Parliament, bad choices in the men he kept around him, and detesting those he had no choice in appointing, made government stability rare and created a volatile atmosphere with his Prime Ministers and in the House of Commons.

But he was also the first British Monarch to study science, chemistry, physics, astronomy and mathematics. He learned French and Latin, geography, commerce, agriculture and constitutional law. And despite the loss of the Americas, there was great expansion of the empire and trade. The population almost doubled and there were great strides in agricultural methods and advances in technology. The tide of moral and religious improvement which began in the days of John Wesley, kept the popularity of a King whose religious education was wholly Anglican.

The Prince Regent, later King George IV
The Prince Regent, Later King George IV, by Thomas Lawrence, via Wikimedia Commons

Unfortunately, he was far from well during the last twenty years of his life. He had three different bouts with mental illness, but in October 1810 he had a major mental breakdown; even to the point of being restrained in a straight jacked and tied into chairs. He was renamed “The Mad King” and he spent the last years of his life completely blind and deaf but lovingly cared for by his wife and doctors.

It is sad to think that the people finally saw him as an object of sympathy once George IV, was made the Prince Regent. Britain’s people watched and compared him to his son as the Prince Regent squandered the already low coffers of England and kept the dissolute lifestyle his father had hated.

Originally posted 2012-11-26 10:00:00.

Redistricting Has a Long History

Voting and distribution of representation by elected officials is a vital and fascinating topic today as it was during the Regency.

We can now watch legislative sessions live-streamed, or follow issues of interest via the internet, but the doings of the government during the Regency were communicated by way of a journal that was sold by a publisher. In 1806 Thomas Hansard began producing reports of parliamentary debates in a journal published by William Cobbett called Parliamentary Debates. Hansard bought out Cobbett in 1811 and continued to publish the debates. This constituted a watchdog system of sorts.

The set-up of the voting system was ripe for reform. In the early 19th century there were two types of constituency, country areas and towns or boroughs. In the countryside only the landowners could vote. In boroughs the level of enfranchisement varied but was usually limited. The constituencies had not been changed for centuries and no longer reflected the distribution of the population. Industrial towns like Birmingham and Manchester did not have MPs of their own. On the other hand some settlements had died out but they were still represented in parliament! In ‘rotten’ or ‘pocket’ boroughs there might be only one or two voters! And we think red-lining is bad!

The early 19th century saw increasing demand for reforms. Most people wanted constituencies distributed more fairly and they also wanted enfranchisement extended, but Wellington’s party, the Tories, resisted.

The Whigs formed a government in 1830 and tried to introduce reform. The House of Commons eventually voted for a reform bill but the House of Lords rejected it. King William IV warned that he would create more peers, who favored the bill, unless the Lords agreed to accept it. Eventually the House of Lords backed down and passed the Great Reform Bill. It received the royal assent on June 7, 1832.

The franchise to vote was only extended slightly but more importantly the new industrial towns were now represented in parliament. Before 1832 Britain was ruled by an oligarchy of landowners. After 1832 the urban middle class had an increasing say.

 

 

 

Originally posted 2012-11-19 10:00:00.

With this Ring… in Gretna Green?

When my husband and I were married some twelve years ago, there were few impediments for us to reach the altar as soon as we wished to. He knelt down on one knee to ask me, I gave an enthusiastic “Yes!” and almost immediately afterwards, we began making our joyful plans.

Besides the all important wedding gown, the perfect candlelit venue and the explosion of decisions that had to be made, we focused little on what the government required for our union and more on how we would put our personal mark on the day we’d pledge our future lives to each other. In fact, we lived in a location that had minimal government restrictions – we were citizens of the country and were of legal age so we had but to file with the county official’s office and in turn, would have been required to wait only 24 hours before making our walk down the aisle.

In researching Regency Era marriage for a recent book project, it was fascinating to learn how different our options would have been had we lived in England some 200 years ago.

Of course the differences in how an eligible young lady would have made her social debut, how a young man and woman would meet and how courting would commence is in stark contrast to what we know today. But as for government, it’s interesting to find that there is just as much government restriction on the act of marriage (and just as much dodging of said restrictions) as there would have been in force during the Regency Era.

Country road in Gretna Green, Scotland (Photo: Wiki Commons)

The first of these restrictions involved the literal “Las Vegas” of the day – or Gretna Green, Scotland. It was to this elopement location that many couples embarked upon a journey along the Great North Road from London in order to quickly exchange their vows. Similar to the little wedding chapels that one might find along Nevada’s famous neon strip, the tiny village of Gretna Green became the virtual Vegas of its day.

It lies just over the border to Scotland and at the time, became a famous spot for couples escaping the 1754 Lord Hardwicke Marriage Act that was still in effect in the Regency years. The British government dictated that a couple must have parental consent to marry if under twenty-one years of age. In contrast, Scotland’s age for eligible marriage was just sixteen. This led to many couples fleeing up the road on a days-long journey to traverse the border and become a Mr. and Mrs. both quickly and legally.

With this ring… (Photo: Wiki Commons)

Another stark contrast in Hardwicke’s Act dictated the waiting period required to be married in satisfaction to the church. In the Regency Era, Hardwicke’s Act would have compelled couples to be married in a parish building by an ordained minister.  By Scottish law, a man and woman could be married with virtually no notice and required only to make a commitment before two witnesses in order to make their marriage contract binding. This spurred the act of marriages performed by “anvil priests”, or blacksmiths that acted as marriage officiates in the village for runaway marriages. [Click here for more information on anvil priests.]

Another practice for a couple wishing to be married in the Church of England was the reading of the banns of marriage (also known as “banns”). This proclamation of marriage was announced publicly within the church for three weeks in succession prior to a marriage taking place (mainly so that anyone citing a credible reason that the marriage should not take place would have adequate notice to make such a stand against the union). Today, a couple may be required to participate in marriage counseling or take classes to satisfy the requirements of a particular church or denomination, but the requirement would be independent of government decree. In addition, couples may declare their intent to marry by proclaiming their engagement in a public announcement, newspaper article or engagement party, though these practices are social in nature and are not dictated as a requirement by the government. For those traveling to Gretna Green, no such proclamation was expected or required.

It is interesting to note that now more than 200 years after the time of these original runaway marriages, Gretna Green remains an extremely popular wedding venue. In fact, it is estimated that one in six Scottish marriages occur in the small village made famous for its take on marriage minus the control of government.

Today, a wedding ring is a must. The making of a marriage promise is still a lifelong commitment. And whether or not we travel to Gretna Green to exchange the all important vows or whether we follow the requirements of the government in the locale where we live, we still say “with this ring…” with as much heart as those couples would have all those years ago.

May we find joy in the union just as they did.

In His Love,

~ Kristy

 

Originally posted 2012-11-14 10:00:00.

Voting in Regency England: Who Could Vote? And Who Could They Vote For?

I’ve always found the process of democracy—and elections in particular—rather fascinating. And as we head into the month of November here at Regency Reflections, we’re going to talk a bit about government.

In Regency England, I’m afraid voting options were rather limited. Britain’s Parliament is (and was) divided into two houses, the House of Lords and the House of Commons. The House of Lords was composed of peers who were approved membership by their fellow peers, and these positions in the House of Lords were handed down through heredity. Your regular English coal miner or weaver or farmer had no voice in anything that happened in the House of Lords.

The House of Commons was a little more democratic in nature. These members were “elected,” by counties and boroughs, though a lot of corruption was embedded in the electoral process. When Regency characters in novels and movies mention purchasing a seat in the House of Commons, that’s because the electoral process was so crooked individuals could well “purchase” seats that were supposed to be “elected.”

Further complicating the issue, a Member of Parliament representing a county had to have a yearly income of 600 pounds. And a Member of Parliament representing a borough had to have a yearly income of 300 pounds. Thus election to and involvement in parliament was unattainable for the average Englishman. In fact, lower born sons of peers filled a good number of the seats in Commons for this very reason.

Even more disparaging, all voting was done open ballot, and oftentimes retribution could occur if you voted for the wrong person. For example, if an earl’s third son was running for a seat in Commons and you farmed the earl’s land, you could go cast your vote for the opposing candidate. But you might well loose your rights to farm as a result.

Elections were hardly honest or fair. It was a world where the most elite and wealthy controlled the government and gave the bulk of the country’s citizens very little power. Most citizens were not even allowed to “vote.”

To vote in county elections, a person had to be:

1). Male

Though offensive to most people living today (myself included), this was completely normal for the time period. Women’s suffrage wasn’t even thought of yet.

2). A Property Holder with land worth 40 shillings or more per year

This is known as the forty shilling freehold.

To vote in borough elections, you had to be:

1). Male

2). A resident of the “right” county or borough.

There were a lot of populated cities in Regency England that didn’t get any representatives in the House of Commons. The designated “boroughs” were delineated during the Middle Ages and not changed until 1832. So numerous cities that sprang into existence due to industrialism were denied members to the House of Commons, while some extremely small communities that had been thriving 400 years earlier got to elect officials.

3). Owner of a certain amount of wealth or property.

The degree of wealth and property ownership varied from borough to borough. In some places, the forty shilling freehold stood. In others, not receiving alms or poor relief earned you the right to vote. And in others, simply owning a home gave you opportunity to vote.

So now I’m curious. If you’d been living during the Regency days, do you think you (or your husband) would have been able to vote? I daresay my husband would not own enough property to qualify.

Originally posted 2012-11-05 05:00:34.

Interesting Facts about the Prince Regent

Susan here — let’s take a light look at the Prince Regent — the namesake of our beloved Regency period. Born in 1762, died 1830, King George the 4th (Prince Regent) was one of 15 children. The oldest son of King George the 3rd, he did not follow his father’s conservative ways. He was Prince Regent from 1811 to 1920, and then king for ten years.

100_5370

Age he “left home”: 18

Favorite vacation spot: Brighton

Age at ascension to the Regency: 49

Age at ascension to the throne: 57

Number of concurrent marriages: 2 (Maria Fitzherbert, Caroline of Brunswick)

hated: flat roofs

Took unjust credit for: British victory in Spain, and the overthrow of Napoleon

Was firmly convinced that: he fought in the Battle of Waterloo

Favorite authors: Jane Austen, Sir Walter Scott

Famous book dedicated to him: Emma, by Austen

Waist measurement: 50″ (1824)

Health problems: gout, arteriosclerosis, dropsy, and possibly porphyria

100_5371

Information about George the 4th (the Prince Regent) is accessible and understandable. I recommend a brief study of his life to better frame your Regency knowledge.

Who’s your favorite historical figure of the Regency?

 

 

Originally posted 2014-12-08 01:00:00.

More Caricatures from the Regency Era

In November, we looked at James Gillray and some of his more famous caricatures from the Regency Era. Today I wanted to introduce another caricaturist and illustrator, George Cruikshank. George was the son of caricaturist, Isaac Cruikshank (a contemporary of Gillray’s), and apprenticed with his father at an early age. After spending a decade or so making caricatures, George then turned his attentions to book illustrations. The most notable of his illustrations are those he did in the 1830s for his friend, Charles Dickens.
Cruikshank British_valour
From 1813, this mocks American boasting in the face of the British Navy.

This mocks some of the rather impractical fashions of 1818
This mocks some of the rather impractical fashions of 1818.

This mocks servants trying to act as their masters in the kitchen
This mocks servants trying to act as their masters in the kitchen.

This is one of Cruikshank's numerous illustrations for Oliver Twist.
This is one of Cruikshank’s numerous illustrations for Oliver Twist.

Do you like any of these caricatures and illustrations? Do you prefer the ones that satirize regular life or politics? Why?

Originally posted 2014-02-27 10:00:53.

Why Regency?

If you’re reading this blog, chances are you are a fan of the Regency fiction genre. You’re all about high-waisted dresses, chaperones, Almack’s, Gunther’s, house parties, and more.

But do you know why there ever was a Regency? It was madness! The madness of King George III. His health required the contingency plan of a prepared handing off of the reins of power – this plan laid out a form of emergency government/royal powers which was known as the regency. It’s a situational set-up for when a monarch is unable to fulfill his duties.

You can’t uncrown a living king, right? So, in their wisdom, the high advisors of the land made the Prince of Wales, eventually Goerge IV, the Prince Regent.

King George III (king during the American Revolution) had a disease now thought to be Porphyria. Porphyria is a rare blood disease and drove the king to complete madness and seclusion in 1810.

King George III
(“Farmer George”)

For Americans, King George III is a vaguely hated figure, because of the Revolutionary War, but he doesn’t sound all bad. His nickname was “Farmer George” due to his keen interest in agriculture. Said to be a devout Christian, he was a dedicated, yet repressive parent (not enough grace?), a faithful husband, and a plain-living man. The information about his interests is fascinating, if you decide to learn more, and the manner in which his first born son rebelled is an instructive cautionary tale.

The Prince Regent,
King George IV, (“Prinny”)

Do you enjoy knowing the nicknames of historical figures? If you know some, please share in the comments.

Originally posted 2014-01-13 10:00:00.

Market Towns: The Mall of the Regency

Kristi here. Imagine for a moment that you are a resident in a small town in Regency England. You have a small garden, perhaps a farm. Maybe you are in trade and live in town. No matter where you live, one thing is sure: At some point you are going to want or need something and you’ll have to buy it from someone else.

Where would you go if you needed a few more chickens or a bushel of apples? The market, of course.

If you lived in a large town, such as London, there were several markets to choose from, open all week long. But, if you lived farther out, you had to travel to a market town.

New charter (1553) replacing the original charter (1196) and allowing the town of Stratford on Avon to hold weekly markets.  Click picture for more details.
New charter (1553) replacing the original charter (1196) and allowing the town of Stratford on Avon to hold weekly markets. Click picture for more details.

Market towns had existed in England for centuries. There were, in fact, strict rules as to which towns could hold a market and which couldn’t. Towns had to apply for a royal charter if they wanted to hold a weekly market. If a market town already existed within a day’s walk (there and back) the town could not hold a market.

Chichester Market Cross
The Market Cross in Chichester (Wikimedia Commons)

Many towns had a market cross in the middle of the designated area. The actual meaning of the crosses is unknown and theories are as varied as the cross designs. Possibly the religious landmark was to curry God’s favor on the proceedings. It could also have stood as a reminder to the vendor and the buyer to deal fairly with one another. Still another option is that it hearkened back to the original, informal markets that grew up on the grounds around the churches.

Whatever the reason, some of these market crosses became very elaborate, more along the lines of pavilions or buildings than mere religious icons on a tall pillar. Some towns even constructed their roads with the markets in mind. One example is Stow on the Wold in Gloucester whose narrow side streets were designed to make managing herds of sheep easier.

Since many people lived spread out across rural England, market days (typically Saturdays) were their only opportunity to acquire what they needed, unless they could go directly to someone local to barter or buy. Farmers and craftsman would bring their wares to town and set up stalls along the extra wide main streets.

Norwich market
Norwich Market, 1799 (Wikimedia Commons)

As leisure travel increased in the Georgian era, some market towns, such as Norwich, became fashionable shopping destinations. Permanent stores grew up around the market places, but transitional and temporary stalls were still used for the weekly market.

Today, many of these towns still hold a weekly market, though you’ll more likely find purses and technology accessories than a chicken and a sheaf of wheat.

 

Originally posted 2013-09-04 10:00:00.

William Wilberforce: Abolitionist and Friend, Politician and Evangelical

“If this be madness, I hope that it will bite us all!” said one of William Wilberforce’s friends after the young politician became an evangelical Christian. His other friends thought his newfound beliefs and life changes madness, and they still counted him friend and so much more.
Photo and link to William Wilberforce article on Christianity Today
William Wilberforce

Born in 1759, William was a sickly young man with poor eyesight, slight stature, and a quick mind. He sang and conversed in ways that pleased his interlocutors to the point the writer and socialite Madame de Staël described him as the “wittiest man in England”. And the Prince of Wales said he would go anywhere to hear Wilberforce sing.

Wilberforce was born to a wealthy merchant family. After his father died when the lad was young, he went to live with an uncle. But other relatives thought that evangelical Christian branch of his family was not a good influence, so brought William back to Hull, where he’d been born. He attended Cambridge and, though became quite a college partier (not a term that would have been used during the Georgian era of course), he managed to pass the exams and receive undergraduate and graduate degrees from that august institution.

Still interested in gaming and other less savory pursuits, William became a politician, using his great voice to persuade listeners. Never did he choose a party. He voted his conscience. It, or perhaps his poor eyesight and health, cost Wilberforce a post in William Pitt’s ministry. When Mr. Pitt became prime minister, whatever the reason, they remained friends.

Especially after his conversion, Wilberforce took up the subject of slavery. By the late 1780s, he was working toward the abolition of the trade. Opposition was fierce. Many Englishmen were getting rich taking trade goods from England to Africa to purchase slaves. These men and women were transported to the West Indies under horrendous conditions. From the West Indies, the English ships brought back sugar and rum.

Hannah More, link to her poetry
Hannah More, poet and abolitionist

In 1802, Wilberforce engaged in other important issues of the day such as the Society for the Suppression of Vice, working with Hannah More and the Association for the Better Observance of Sunday, and also Royal Society for the Prevention of Cruelty to Animals. He also married and became the father of six children, to whom he was devoted. The abolition of slavery, however, was his life’s most important goal.

1833 Abolitionist Act photo and link to U.K. educational site.
1833 Abolitionist Act succeeds in Britain

In 1807, the slave trade ended in England greatly because of Wilberforce’s work. Slavery, however, continued for those already enslaved in British colonies. All through the Regency, Wilberforce fought for the complete freedom of those enslaved.

In the early 1820s, he retired from politics due to poor health. He did not stop fighting for the abolition of slavery. Three days before he died in 1833, Parliament passed the act to abolition slavery in British colonies.

Originally posted 2013-07-29 03:21:02.