Today's legal frameworks have deep roots going back centuries. Familiar concepts like damages, duty of care, defamation and more all date back to medieval and early modern times – and while the laws around them have changed, many of the principles remain broadly intact.
The history of law is dotted with landmark court decisions – or "leading cases" as they're sometimes known. These cases are significant because they set precedents that are referred back to as times change and laws evolve.
They also paint a fascinating picture of how life used to be. In pre-industrial societies, issues of ownership, rent and public reputation were as important to citizens as they are now – but they took place in a very different landscape.
So join us as we run through seven early landmark court cases from a time when barges were a form of public transport, thorn hedges led to property disputes and swans were royal property.
1. Furrer v Snelling (1220)
This was a very early case of contract law.
The defendant entered into a "covenant" or contract where he agreed to pay £20 in rent every year for four and a half years.
The plaintiff claimed £100 in unpaid rent – but the judge ruled that "in covenant damages only are to be recovered" and that "where more is demanded than is due… the debt only, is to be recovered".
This set the precedent that only damages are recoverable. You can't claim for more than is owed in a rent dispute.
2. Beaulieu v Finglam (1401)
"Duty of care" is a core principle of tort law. It states that individuals have a legal obligation to adhere to a standard of "reasonable care". In other words, we're legally obliged to avoid careless acts that could harm others.
One of the first cases to establish this principle of negligence and duty of care sprang from a case involving an unguarded fire.
Beaulieu sued Finglam for acting negligently. He didn't watch his fire, and it ended up burning Beaulieu's house and goods.
The court ruled that Finglam hadn't shown a duty of care and that his negligence had caused harm to Beaulieu – a principle that still exists in tort law.
3. Case of the Thorns (1466)
Another fundamental principle of tort law is that if an individual is harmed by another, they have a right to be compensated.
The defendant in this case owned an acre of land that adjoined the plaintiff's property. Their lands were separated by a thorn bush.
The defendant was trying to retrieve some thorns that had fallen from the hedge into his neighbour's field. In the process, he "trampled and damaged" some of the plaintiff's crops.
The court had to decide whether the defendant was guilty of trespass. It ruled that the property damage was a crime even though his actions fell within the law.
In other words, you act unlawfully if your actions cause harm to another's property, regardless of whether the action itself is legal or not.
4. The Case of Mines (1568)
The ownership of resources was a key area of dispute in Elizabethan times.
The Earl of Northumberland owned land in Keswick, Cumbria. Copper miners dug up some gold – and Queen Elizabeth I's advisers wanted it to be claimed as royal property.
There was an element of opportunism here. The Queen wanted money for the Treasury, partly because she and her advisers were concerned about the possibility of a war with Spain.
The court ruled that all gold and silver in the realm belonged to the Queen "by prerogative". As the head of state, she had the right to claim any resources she liked.
5. The Case of Swans (1572)
A similar case from around the same time relates to 400 swans in Dorset.
Dame Joan Young and Thomas Saunger received a writ from the Exchequer claiming possession of the swans. They were "royal fowl" – and Elizabeth wanted them for herself.
Young and Saunger argued that the swans were theirs. However, the court ruled that "all white swans not marked, having gained their natural liberty, and swimming in an open and common river, may be seised to the [monarch's] use."
The royal prerogative is still an issue to this day – although King Charles is unlikely to have his sights set on wild swans in Dorset.
6. Hext v Yeomans (1583)
In this early defamation case, the defendant Yeoman was accused of slandering Hext.
The crux of the issue was Yeoman's statement to Hext that "I doubt not but to see thee hanged for striking [sic] Mr Sydmans man, who was murdered".
Hext sued for defamation – but the judge ruled that Yeoman hadn't actually said that Hext had murdered Mr Sydmans man, just that he had struck him.
This established the principle that "slander do [sic] not lie upon inferences". In other words, a defamatory remark has to be explicit, not inferred.
7. Mouse's Case (1608)
Finally, Mouse's Case established the "defence of necessity". This states that there may be situations in which a person can legally respond by breaking the law.
An example might be a person pushing an attacker off their victim. The situation is urgent enough that the person is acting out of necessity and therefore not liable for assault.
Mouse's Case centred on a ferry carrying 47 passengers off Gravesend. A storm broke out and the vessel was in danger of sinking. A passenger called Mouse had a casket containing £113.
To stop the ferry from sinking, a second passenger threw Mouse's casket overboard – and Mouse sued the passenger.
The court ruled that the passenger acted lawfully because he was trying to save lives. This overruled his liability for throwing Mouse's luggage overboard.
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