Soldier cleared of rape ordered to pay £100,000 in civil case

#21
Americans lawyers will never cope well with Scots Law. You're just not equipped to deal with a legal system where witchcraft was still a criminal offence within living memory and trial by combat was still an option until it was formally abolished in 1985. (There's still a Queen's Champion for Scotland whose job is to fight anybody demanding trial by combat but he's older than I am so I doubt he fights much).

Scotland's enduring interest in witchery possibly explains why trainee lawyers, in the year between leaving university and becoming qualified, are known as "devils". The experienced lawyers to whom the devils are apprenticed are known as "devilmasters".

How well I remember going into shops where whole aisles were roped off and out of bounds to shoppers because it was illegal to buy tinned food, but not fresh food, on a Sunday. You couldn't buy a Bible on a Sunday either but you were free to reach up to the top shelf and buy less pious publications.

Similarly, it was illegal for a woman to stand on a window ledge to clean windows. Not for health and safety reasons but because our ancestors took "upskirting" rather more seriously than we do.

Scots law is a consequence of Scotland having an independent legal system but lacking an independent parliament to enact legislation between 1707 and 1999. It took centuries to get into this mess and I bet it will take centuries to get out.
All good clean fun, but the premise is factually wrong. The last trial by combat in Scotland probably took place around a century before the Union of the Parliaments in 1707. The term "devilling" for trainee barristers (advocates in Scotland) is used in all UK jurisdictions and in Ireland. If aisles with tinned food were roped off on Sundays the legal reasons weren't to do with ancient medieval law survivals, but more likely Victorian legislation or local authority special legislation and bye-laws. The famous conviction of Scottish "medium" Helen Duncan in 1944 under Britain-wide legislation of 1735 was not for actually practising witchcraft, but for falsely claiming to summon spirits (and making money from it). On repeal of the 1735 Act it was replaced in E&W by the Fraudulent Mediums Act, itself replaced since 2008 by EU rules about fraudulent trading. Not quite so exciting.
 

Bouillabaisse

LE
Book Reviewer
#22
All good clean fun, but the premise is factually wrong. The last trial by combat in Scotland probably took place around a century before the Union of the Parliaments in 1707. The term "devilling" for trainee barristers (advocates in Scotland) is used in all UK jurisdictions and in Ireland. If aisles with tinned food were roped off on Sundays the legal reasons weren't to do with ancient medieval law survivals, but more likely Victorian legislation or local authority special legislation and bye-laws. The famous conviction of Scottish "medium" Helen Duncan in 1944 under Britain-wide legislation of 1735 was not for actually practising witchcraft, but for falsely claiming to summon spirits (and making money from it). On repeal of the 1735 Act it was replaced in E&W by the Fraudulent Mediums Act, itself replaced since 2008 by EU rules about fraudulent trading. Not quite so exciting.
Don't you come in here with your facts ruining a good story. @Ancient_Mariner is an ancient mariner and is therefore allowed to have his waffle believed under the Naval Discipline Act 1783 para 2 section 3: "Never let the facts get in the way of a good dit"
 
#24
Americans lawyers will never cope well with Scots Law. You're just not equipped to deal with a legal system where witchcraft was still a criminal offence within living memory and trial by combat was still an option until it was formally abolished in 1985. (There's still a Queen's Champion for Scotland whose job is to fight anybody demanding trial by combat but he's older than I am so I doubt he fights much).

Scotland's enduring interest in witchery possibly explains why trainee lawyers, in the year between leaving university and becoming qualified, are known as "devils". The experienced lawyers to whom the devils are apprenticed are known as "devilmasters".

How well I remember going into shops where whole aisles were roped off and out of bounds to shoppers because it was illegal to buy tinned food, but not fresh food, on a Sunday. You couldn't buy a Bible on a Sunday either but you were free to reach up to the top shelf and buy less pious publications.

Similarly, it was illegal for a woman to stand on a window ledge to clean windows. Not for health and safety reasons but because our ancestors took "upskirting" rather more seriously than we do.

Scots law is a consequence of Scotland having an independent legal system but lacking an independent parliament to enact legislation between 1707 and 1999. It took centuries to get into this mess and I bet it will take centuries to get out.
The act of union was always a devils pact designed by Scottish monarchy
 
#25
All good clean fun, but the premise is factually wrong. The last trial by combat in Scotland probably took place around a century before the Union of the Parliaments in 1707.
Wrong.
Falkirk Tesco, last Saturday night.
Father & son catch up with a scrote who battered his daughter, scrote gets Community Service, and I think a suspended.
He got the living f*** pulped out of him after finding him extremely guilty on all counts.
Now that's bastard verdict!
 
#26
All good clean fun, but the premise is factually wrong. The last trial by combat in Scotland probably took place around a century before the Union of the Parliaments in 1707. The term "devilling" for trainee barristers (advocates in Scotland) is used in all UK jurisdictions and in Ireland. If aisles with tinned food were roped off on Sundays the legal reasons weren't to do with ancient medieval law survivals, but more likely Victorian legislation or local authority special legislation and bye-laws. The famous conviction of Scottish "medium" Helen Duncan in 1944 under Britain-wide legislation of 1735 was not for actually practising witchcraft, but for falsely claiming to summon spirits (and making money from it). On repeal of the 1735 Act it was replaced in E&W by the Fraudulent Mediums Act, itself replaced since 2008 by EU rules about fraudulent trading. Not quite so exciting.
Look pal. You may have a fancy law degree, a fancy certificate to practice and Phil Shiner on speed dial but I have something more than that.

I have a fancy engineering degree that included a full 20 hour course on The General Principles of Scots Law. As one of the lecturers, a retired judge, said: "Gentlemen. The criminal law course at this university takes 4 years to teach. I have 4 weeks to teach it to you. Consequently I'm not even going to try and I propose to tell you funny stories about when I was on the bench.

The other lecturers were also aspiring comedians so I have a unique knowledge of obscure areas of law such as

- Upskirting

- Witchery

- Drunk people getting arrested for having sex in inappropriate places

- Trial by combat

- Ice cream wars and getting life for Breach of the Peace

- Blokes getting arrested for picking up prostitutes then discovering that she was a he and getting sent down for being gay because it was still illegal in the 1960s.

- Some product liability stuff about a poodle being dried in a microwave oven. An urban legend but better than solving differential equations.

The trial by combat issue arose when two neds, up for armed robbery in the High Court sacked their lawyer and opted to represent themselves. They pled not guilty and demanded trial by combat. As you say, it was abolished in England in the 18th Century. Technically it had never been abolished in Scotland. A Scottish judge had to abolish it retrospectively by ruling that when it was abolished in England, it was abolished in Scotland too.

Not too sure about the tinned goods regulations. Might have been due to the Shops Act of 1911. The ban on buying bibles on a Sunday applied to the whole of the UK.

As you say, witchcraft was still on the books thanks to the Scottish Witchcraft Act of 15something until repealed by the Fraudulent Mediums Act in 1951.
 
#27
Americans lawyers will never cope well with Scots Law. You're just not equipped to deal with a legal system where witchcraft was still a criminal offence within living memory and trial by combat was still an option until it was formally abolished in 1985. (There's still a Queen's Champion for Scotland whose job is to fight anybody demanding trial by combat but he's older than I am so I doubt he fights much).

Scotland's enduring interest in witchery possibly explains why trainee lawyers, in the year between leaving university and becoming qualified, are known as "devils". The experienced lawyers to whom the devils are apprenticed are known as "devilmasters".

How well I remember going into shops where whole aisles were roped off and out of bounds to shoppers because it was illegal to buy tinned food, but not fresh food, on a Sunday. You couldn't buy a Bible on a Sunday either but you were free to reach up to the top shelf and buy less pious publications.

Similarly, it was illegal for a woman to stand on a window ledge to clean windows. Not for health and safety reasons but because our ancestors took "upskirting" rather more seriously than we do.

Scots law is a consequence of Scotland having an independent legal system but lacking an independent parliament to enact legislation between 1707 and 1999. It took centuries to get into this mess and I bet it will take centuries to get out.

Well at last here in Massachusetts we have not executed a witch for 326 years.
Contrary to false, scurrilous reports none of the witches were burned at the stake. No witch got so much as a hot foot. They were hanged. Nineteen were convicted and died by hanging. Burning them would have been cruel. One witch, Giles Corey, refused to plead either guilty or not guilty. He was therefore pressed "Peine forte et dure" until he died a few days after they started pressing him. He refused to plead as he was quite well off. If found guilty or if he pled guilty he would have suffered attainder of felony and all his property would have been forfeit to the Crown. By being pressed to death his property was not attainted and passed to his family.

By the way, in the Salem Superior Court building the transcripts and physical evidence are preserved. Lawyers enter the Salem courtroom by a different entrance than the public and in the corridor there is a display case with the evidence and documents. I recall the evidence included a paper with pins stick through it as there was testimony that the witches had made pins magically fly through the are and stick into a young girl who was a witness.
 

Similar threads

Latest Threads

Top