Episode 4

Inspirations: Episode 4

Garrow’s Law aims to give viewers a window on life in late eighteenth century legal London.

Mark Pallis, Garrow's Law consultant on legal and historical matters, tells us more about the real cases and events that inspired this episode.

CHILDREN SENTENCED TO DEATH

In Garrow’s time, the age of criminal responsibility was seven. The Old Bailey archives show that in 1795, Peter Tracy, a nine-year-old boy was sentenced to death (although in that case the Jury recommended him to mercy). Garrow often defended children, such as his successful defence of eleven-year-old William Horton in 1784, or his defence of 9-year-old Peter Miller. In the latter case, although Garrow saved Peter from the rope, he couldn’t stop the lesser punishment: whipping.

The case that inspired Episode 4 is that of Thomas Wiley, a 13-year-old boy sentenced to death in 1797 for stealing from the mail. This was not a Garrow case.

In the real case, Thomas' letter was read out in court, but the idea of Thomas being mute is a dramatic invention.


CRIMINAL CONVERSATION

Garrow’s personal life is largely a mystery. It is known that sometime around when he began his training as a lawyer he had what contemporary commentators called an “irregular relationship” with a woman: Sarah Dore / Hill, a lady of “high birth” who Garrow “seduced” and who had a child with the landowner and politician Arthur Hill. The mysterious part is that Garrow and Sarah lived together, with Hill’s child, but didn’t get married for ten years, despite having two children of their own. Why? No one knows.

In this series of Garrow’s Law, we speculated that Garrow may have been the subject of an action for Criminal Conversation. No records exist to show that this was ever the case. However, it is true that at this time, actions for Criminal Conversation were at their peak and society was in the midst of a series of high profile scandals with the sexual secrets of Lords and Ladies transfixing the nation.

Criminal Conversation was a legal action where a husband sued his wife’s lover for damages. As a wife was merely her husband’s property, she had no say in the matter and was not allowed to speak in court. Damages were often ruinously huge. A wide range of cases served as the inspiration, most of which sadly are not available online. However, those interested in learning more should read Hallie Rubenhold’s excellent book ‘Lady Worsely’s Whim’ about a Criminal Conversation case from Garrow’s day that gripped society.

One other important dramatic invention is that Garrow would not ordinarily have been allowed to speak in his own defence. However, these matters were often subject to the discretion of the Judge, so if the judge and opposing counsel did not object - as we imagine it - it’s not inconceivable that it could have happened.

BE WARNED!

Although the action for Criminal Conversation has long been abolished in the UK, it is still legal in North Carolina, Hawaii, Illinois, Mississippi, New Mexico and Utah, with one wronged lady in North Carolina winning damages of £6million in 2010!

BBC TV blog

Tony Marchant, the creator and writer of Garrow's Law, discusses the difficult balancing act involved in making the series "historically accurate but dramatically compelling at the same time."

LINK: Case of William Horton, 1784

LINK: Case of Peter Tracy, 1795

LINK: Case of Thomas Wiley, 1797

LINK: modern use of Criminal Conversation

LINK: Lady Worsley’s Whim

THOMAS ERSKINE

Making his appearance in Episode 4 is the Barrister Thomas Erskine, who would go on to become Lord Chancellor.