legal history

Lincoln’s Inn Fields

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Many of the letters held in the Dickson, Archer and Thorp collection are either addressed to, or from, Lincoln’s Inn Fields. The area was once one of the largest public squares in London, surrounded by important buildings and steeped in history. The square and surrounding area gained its name from the nearby Lincoln’s Inn, an Inn of Court. It is not known exactly when this legal Inn was established but it was likely in the early 1400s. The Inn was not only a place for lawyers to congregate, it also accommodated young law students and apprentices.

The fields were originally used for leisure by students of the nearby Lincoln’s Inn courts of law. Between the 1500s and 1600s the fields were used as an execution site. Anthony Babington was executed here in 1586, and Lord Russell was executed in 1683 for the Rye House Plot to kill Charles II.

The fields were first developed for residential use during the 1630s – but not without complaint from the lawyers of Lincoln’s Inn. The subsequent square, and its architecture, was the epitome of the Restoration period. A theatre was set up in the square by William Davenant, whilst Samuel Pepys was a regular visitor to the area.  During the Great Fire of London, the people were allowed to keep their goods in the fields. Lincoln’s Inn Fields most famous residents included the 1st Earl of Sandwich and Nell Gwyn (mistress of Charles II, who gave birth whilst living in the square).

The area even gave inspiration to Charles Dickens in the 1800s; whose first job was a lawyer’s clerk in Holborn. Sir John Soane also founded a museum in the square. during the 1800s Sir John is perhaps best known for designing the Bank of England.

The Dickson, Archer and Thorp letters addressed to this square were intended for the lawyers who were still practising their trade in legal hub. The letters mix personal sentiment with legal advice and wrangling and give a fascinating insight into cross-country legal discussions.

The Will of George Nesbitt

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Abstract of the will of George Nesbitt of Bailiffgate Street Alnwick in the County of Northumberland, Stonemason.

28th November 1815

By his will of his date George Nesbitt Directed first that all his just debts, Funeral Expenses and probate of his will should be paid and discharged by and out of his personal estate and effects except his household furniture and in case the same should not be sufficient for that purpose he did thereby charge and make chargeable all his messuages(sic) tenements or dwelling houses Hereditaments and premises to and with the payment thereof respectively.

And so charged and chargeable as aforesaid he did thereby give All those two Messuages(sic) tenements and dwelling houses with the Backbuildings yards Gardens Hereditaments and Appurtenances thereto Belonging situate standing lying and being on the south side of Bondgate Street in Alnwick aforesaid and then in the possession or occupation of Mrs Castles and Mrs James Thompson Spirit Merchant as Tenants thereof to and under him and also all that his other messuage(sic)Tenement or dwelling house with the Yard, Garden Hereditaments and Appurtenances therewith belonging situate standing lying and being in Baillifgate in Alnwick aforesaid and then in his own possession or occupation of Miss Richardson Henry Howey Esquire Mrs Garrett and others as tenants thereof to and under him.

And also all that his one undivided priority or full half part and in all that meesuageg(sic) Tenement or dwelling houses with the back buildings hereditaments and appurtenances herewith belonging situate standing lying and being in Cannongate Street in or near Alnwick aforesaid and then in the possession or occupation of Margaret Stage as Tenant thereof to and under him and the representatives of Adam Yelloly(sic) late of Chester Hill in the County of Northumberland aforesaid Gentleman deceased and also all other his hereditaments and real estate Whatsoever situate lying and being in the parish of Alnwick in the said County of Northumberland or elsewhere. Unto Edward Hamp of Alnwick aforesaid Merchant and John Nicholson of Greensfield in the parish of Alnwick aforesaid farmer. Upon the Trusts and two and for the uses intents and purposes thereinafter mentioned (that is to say). Upon Trust that they the said Edward Hamp and John Nicholson or the survivors of them or the heirs Executors or Administrators of such survivor or heir or his Assigns do and should from time to time when occasion should require grant or demise or let the said Hereditaments and premises or any part or parts thereof to such person or persons and for such rents and on such conditions and terms as the said Trustees or Trustee for the time being should seem expedient.

And for the purpose he did thereby give full power to the said Edward Hamp and John Nicholson and the survivors of them and the heirs Executors or Administrators of such survivor on their or his assigns to grant demise and let by Indenture Deed poll or otherwise the said hereditaments and premises or any part or parts thereof to any person or persons for any term or number of years not exceeding seven years in possession or to commence within one year after such granting demising or letting.

~And Upon Further Trust that they the said Trustees for the timed being do and should immediately after his decease enter upon take possession and receive all messuages(sic) Tenements or Dwellinghouses Hereditaments and premises and do and should pay the said Rents and profits thereof half yearly as the same should become due and payable or be received unto his dear wife Catherine Nesbitt or assigns or permit or allow his said wife or her assigns to receive and take the same for her own sole use and benefit during the minority or Day or Days of Marriage of his two daughters Mary and Cecilia Nesbitt which should first happen.

And Upon further Trust that they the said Trustees or Trustee for the time being do and should as and when his two said Daughters should be respectively arrive at Twenty one years of age or be both married as aforesaid pay unto his wife Catherine Nesbitt or her assigns for and during the Term of her natural life one annuity or clear yearly Rent charge or annual sum of Fifty pounds of lawful British out of the Rents or profits arise Or become due and payable from his said Hereditaments and pr4emises full and clear of and from all deductions and abatements whatsoever parliamentary parochial or others by two half yearly payments in the year (that is to say) Martimas(sic) and Whitsuntide the first half yearly payment of the said yearly Rent Charge or annual sum to be made on such of the days and times as should happen  next after is said two daughters Mary and Cecilia Nesbitt arriving at the age of twenty one years or to be married as aforesaid and do and should after payment of the said Yearly Rent Charge or Annual Sum of fifty Pounds so given to his said wife pay the remainder of the said Rents and profits unto his said daughter Mary and Cecilia Nesbitt equal between them share and share alike.

Direction that if the Yearly Rent Charge or annual sum of Fifty pounds or any part thereof should be in arrear and unpaid for the space of twenty one Days next after said Days or times whereupon the same was therefore made payable then and as often as the case should happen then it should be lawful for his said wife and her assigns into or upon the said messuages(sic) Tenements or Dwelling houses Hereditaments and premises or into or upon any parts or parts thereof in the name of the whole or otherwise to enter and there disclaim for the said yearly Rent Charge or annual sum of Fifty pounds or as much thereof as should be then in arrear and also as much thereof as should then be then in arrear and also such further sum or part thereof if any as should be or might become due during her possession under or by means of such entry and distress or distresses then and there found and taken to detain and keep until the said yearly Rent Charge or annual sum of Fifty Pounds.

After such distress or distresses should be so taken to appraise sell and dispose of the distress and distresses or otherwise to deal therewith according to Law in like manner in the case of the distresses for Rent received by lease or common demise for the purpose of paying the same.

Declaration that the said Rent Charge or Annual so given and bequeathed to his said wife was in lieu and satisfaction of all Dower and Thirds at Common Law she might so claim.

And from and immediately after the deceased   of his said wife Catherine Nesbitt.  He gave and devised all his said messuages(sic)  Tenements or dwelling Houses Hereditaments and premises unto his said two Daughters Mary and Cecilia Nesbitt and their Assigns for and during the term of of their antural lives and the life of the longer liver of them without impeachment of or for any manner of waste. And from and immediately after the determination of the Estate in the lifetime of his said two daughters Mary and Cecilia Nesbitt by profiture or otherwise.  To the use of Thomas Grey of Hope House near Alnwick aforesaid Farmer and Thomas Russell of Alnwick aforesaid Builder and their heirs during the lives and longer liver of his aforesaid Two Daughters Mary and Cecilia Nesbitt. Upon Trust to preserve the Contingent uses and Estates thereinafter limited from being Defeated and destroyed for that purpose to make entries and bring actions as occasion should require yet nevertheless to permit and suffer his two said Daughters  Mary and Cecilia Nesbitt and their assigns to receive and take the rents and profits thereof during their lives and the life of the longer liver  of them to and for their own use and benefit. And from and immediately after the deceases of his said two daughters Mary and Cecilia Nesbitt.  He gave and devised all his said Messuages(sic) Tenements f Dwelling houses Hereditaments and premises unto the child or children of his said two Daughters Mary and Cecilia Nesbitt lawfully to be begotten to be equally divided between and amongst them share and share alike as Tenants in Common and not as joint tenants.

Proviso that in case his two daughters Mary and Cecilia Nesbitt should happen to die without issue then in such case he gave and devised all his said Messuages(sic) Tenements or Dwellinghouses Hereditaments and premises unto his said wife Catherine Nesbitt he heirs and assigns forever. And gave and bequeathed unto his said wife Catherine Nesbitt for a during her natural life all his silver plate China Linen Woolen household and furniture of what nature and kind   soever and from and immediately after the decease of his said two Daughters Mary and Cecilia Nesbitt to be equally divided between them and shall share and share alike.

Declaration that all his said Household goods and furniture should be freed and donated of and from the payment of all just debts Funeral Expenses and probate of his will and he gave and bequeathed unto His said wife Catherine Nesbitt and his two Daughters Mary and Cecilia Nesbitt after payment of his just Book Debts and Money and Securities for money also all other the rest residue and remainder of my money personal Estate and effects of what nature or kind soever o be equally divided between and amongst them share and share alike.

Direction that the said Trustees or either of them or their or either of their Heirs Executors Administrators or Assigns should not be answerable or accountable damage which should or might happen or befal(sic) at his said real or Personal Estate of them or any part or separate parts thereof or any sum or sums of money they should respectively receive or disburse by virtue of the Trustees thereby in them reposed respectively unless the sum should happen to be their Wilful default nor one of them for the other of them but each of them for his or their own acts Deeds receipts Disbursements and conduct only and not otherwise.

And that it should and might be lawful for them and each of them by and out of the monies which should respectively receive and also to his and their Trustees and Co Trustee all costs charges and Expences which they or any of them should or might sustain expend or be put onto in and about the Execution of the Trusts thereby in them respectively reposed or in anywise relating thereto.

And he did thereby name and appoint the said Edward Stamp and John Nicholson Trustees and Executors of his Will and also Trustees and Guardians of the persons Fortunes and Estates of his said two daughters Mary and Cecilia Nesbitt by revoking all    other Will and Wills at any time therefore made by him and he declared present abstract writing to be and contain his last Will And testament.

And lastly he did thereby desire and recommend to his said wife Catherine Nesbitt to be kind and attentive unto John Nesbitt and Richardson Nesbitt late of Bitton in the County of Northumberland aforesaid deceased.

Signed and Sealed by the said

George Nesbitt in the presence

Of and attested by 33 witnesses.

Guilty or Innocent? The Trespassing Shepherd

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BE IT REMEMBERED that on the seventh day of October, in the year of our Lord One Thousand Eight Hundred and Seventy Six, at Alnwick …. Thomas Brown of Alnwick Moor …. Shepherd is Convicted before the undersigned, Two of Her Majesty’s Justices of the Peace for the said County, for that he the said Thomas Brown on the ninth day of September 1876 at the Township of Alnwick in the parish of Alnmouth in the County aforesaid, did then and there unlawfully commit Trespass by being on the day time upon certain land then situate in the occupation by one ‘Potts’ of Cook Hill Morpeth in the said County in the search of Game to wit  Grouse contrary to the Form of the Statute in such case made and provided. And we adjudge the said Thomas Brown for his said offence to forfeit and pay the sum of nine shillings and six pence to be paid  and applied according to Law, and also to pay Henry Embleton Trotter of Alnwick in the said County, the Informer, the sum of ten shillings and six pence for his cost in this behalf; And if the said several sums be not paid forthwith, We adjudge the said Thomas Brown to be imprisoned in the House of Correction at Morpeth, in the said County and there to be kept to hard labour for the space of fourteen days. Unless the said several sums shall be paid sooner.

Alnwick, 4th November 1876

Thomas Brown (Appellant) and Henry Embleton Trotter (Respondent) faced each other at the Northumberland Epiphany Quarter Sessions, 1877 . Mr Brown was appealing against an accusation of trespass made by Mr Trotter. The alleged trespass took place on the heath of Alnwick Moor; an area which had been divided under enclosure Acts dated 2 March 1854. The Freemen of Alnwick possessed eatage (the right to use the grassland for pasturage) on Alnwick Moor. They had let this portion of the moor (where the trespass allegedly occurred) to Mr Trotter. Mr Trotter also leased game from his Grace the Duke of Northumberland, as evidenced by a stamped and sealed lease dated 13th July 1876. This game was to be managed by Mr Trotter and reserved for the Dukes’ private hunting. Alnwick Moor also adjoined the Dukes’ personal park, where another large group of game was also preserved. Consequently, game belonging to the Duke frequently came over the Duke’s Wall onto the heath moor (possessed and managed by the Freemen of Alnwick).

Mr Trotter had employed Mr Brown and his father to act as shepherds. They were instructed to care for the moor and given accommodation on the allotments. But Mr Trotter argued that their treatment of that portion of the moor was motivated by greed, and that they had abused their position by illegally hunting. In court Mr Trotter, a Gentleman of Alnwick , claimed Brown had illegally trespassed and hunted the Duke’s game. He was supported in his claims by a string of witness testimonies.

In the initial trial Henry Embleton Trotter attested to:

“[finding] the Defendant on Alnwick Moor between Reedside Road and Turnpike. I am leasee of Game. He had a dog and gun and ranging the ground. I cautioned him a fortnight before. He said he had a right to carry a gun. He fired a shot after I left him. I watched him for an hour and half with a glass – grouse on the place. I know he is the shepherd’s son. No sheep were where I found him and the dog ranging.”

Mr Trotter claimed he had seen Mr Brown stalking (passing between parcels of land with no obvious permission to do so.) Mr Brown claimed he was carrying out his duty as a shepherd; to carry a gun and protect the land. Mr Dix, who represented Mr Brown in the original trial, addressed the magistrates stating there was no actual case to answer, as Mr Trotter had not actually seen Mr Brown fire his gun and had actually only observed him passing between parcels of land. This, Mr Dix stated, was not a crime. He claimed his client carried a gun as two sheep had been lost to stray dogs during the previous month. He also emphasized how willing and compliant Mr Brown had been when searched for illegal game – a search which proved to be fruitless.

The bench of Justices consisted of the following individuals:

  • J Craster Esq
  • S F Widdrington Esq
  • T Clutherbuck Esq
  • J R Carr Ellison Esq

Despite Mr Dix’s strong case this gathering of men believed, for whatever reason, that the evidence against Mr Brown was quite sufficient to justify a conviction. However, the defendant had 3 days to serve a Notice of Appeal following the Justices Meeting. The case had been heard on a Saturday; thus meaning Sunday was the 1st day, Monday the 2nd & Tuesday the 3rd. But the Respondent did not get the Notice until the 4th day (Wednesday morning) when it was picked up in the Archway near the outer door of his house. If the Notice had been put under the door anytime before 10.30 pm o’clock on the Tuesday the respondent said he would have seen it; for he had “set a friend of his to the outer door at that time and no Notice was seen in the Archway at where it had been pushed under the gate next the street.”

The notice stated:

To Henry Emblazon Trotter of Alnwick in the County of Northumberland Gentleman.

Take notice that, I , the undersigned Thomas Brown of Alnwick Moor, in the County of Northumberland, Shepherd, do intend to enter and prosecute an appeal at the next General or Quarter Sessions of the Peace to be holden not less than 12 days after the 7th day of October instant at Newcastle upon Tyne, in and for the County of Northumberland against  a certain conviction or order bearing the date the said 7th day of October instant and made by John Craster and S F Widdrington Esquires Her Majestys Justices of the Peace for the said County of Northumberland.

Mr Brown chose to appeal these false accusations and, as it would appear from related documentation, he had a strong case to do so. We can only hope he was found innocent of false charges.

 

We would like to thank the volunteer who carefully transcribed these documents and allowed this blog to be produced.

 

 

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