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Armorie v. Delamirie (1722) K.B., 1 Strange 505, 93 ER 664
We are at work on this, plz direct comments or help to Carol DeMartino? and Alex Feerst. |
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< | The Opinion |
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> | The Opinion |
| | Before Pratt, C.J. at nisi prius. |
| | 3. As to the value of the jewel, several of the trade were examined to prove what a jewel of the finest water that would fit the docket would be worth; and the chief justice directed the jury that, unless the defendant did produce the jewel, and show it not to be of the finest water, they should presume the strongest against him, and make the value of the best jewels the measure of their damages, which they accordingly did. |
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< | Key Legal Propositions |
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> | Key Legal Propositions |
| | 1. Finders Keepers (except against the prior owner) |
| | Based on the interpretive canon omnia praesumuntur contra spoliatorem, which urges judges to presume 'all things' against the spoliator of the evidence: .” Ariel Porat, Liability Under Uncertainty: Evidential Deficiency and the Law of Torts 11 (2001). Armory is considered “one of the first recorded instances of spoliation of evidence.” Margaret M. Koesel et al, Spoliation of Evidence ix-x (2006). |
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< | Finding Armory: Chimney Sweeps and their Apprentices ("Climbing Boys") |
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> | Interpellating Armory: Chimney Sweeps and their Apprentices |
| | Legal historian A.W. Brian Simpson has this to say about the problem of tracking down Armory, the chimney sweep's apprentice: |
| | Short of finding the climbing boy at the center of this case, this section tries to do the next best thing -- to gather as much information as possible that is likely to describe someone in Armory's position. |
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< | Some empirical revisionism from Peter Kirby on our populist love affair with the Dickensian image of Chimney Sweeps' apprentices: |
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> | Relevant Historiography |
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< | "Chimney-sweepers' apprentices, for example, loom large in the popular historical imagination but were very small in number. Much of their high visibility resulted from the campaigning of Jonas Hanway in the eighteenth century and Lord Shaftesbury and Charles Kingsley in the nineteenth [in the 1863 novel The Water Babies]. In 1841, the number of sweeps' apprentices aged below 10 in London was estimated by Mayhew to be 370 (at a time when London's population numbered 2.2 million). Hanway estimated that in 1785 there were 400 to 550 climbing boys in London, and an estimate from seven years later supposed their number to be 500. . . According to the census of 1851, there were 1107 British chimney-sweeps aged below 15 in Britain." Peter Kirby, Child Labour in Britain, 1750-1870 19-20 n.2 (2003) |
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> | * climbing_boys_strange_ch_2.pdf: Kathleen H. Strange, Climbing Boys: A Study of Sweeps' Apprentices, 1773-1875 (1982), Ch. 2. |
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< | William Blake published two version of his poem "The Chimney Sweep," once in Songs of Innocence (1789) and then in Songs of Experience (1794). |
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< | Soot and chemicals it contained led to higher rate of scrotal cancer for chimney sweep's boys; also, alcoholism. Attached are some documents on scrotum cancer in climbing boys. |
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< | Sources: |
| | * cullingford_ch_4.pdf: Benita Cullingford, British Chimney Sweeps: Five Centuries of Chimney Sweeping (2001), ch. 4. |
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< | * climbing_boys_strange_ch_2.pdf: Kathleen H. Strange, Climbing Boys: A Study of Sweeps' Apprentices, 1773-1875 (1982), Ch. 2. |
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> | * Peter Kirby, Child Labour in Britain, 1750-1870 19-20 n.2 (2003) |
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< | Paul De Lamerie |
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> | Peter Kirby offers some empirical revisionism to our populist love affair with the Dickensian image of Chimney Sweep's apprentices: |
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< | * Paul_De_Lamerie,_Goldmsith.pdf: "Paul De Lamerie, Goldsmith" from The Burlington Magazine (1920) |
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> | "Chimney-sweepers' apprentices, for example, loom large in the popular historical imagination but were very small in number. Much of their high visibility resulted from the campaigning of Jonas Hanway in the eighteenth century and Lord Shaftesbury and Charles Kingsley in the nineteenth [in the 1863 novel The Water Babies]. In 1841, the number of sweeps' apprentices aged below 10 in London was estimated by Mayhew to be 370 (at a time when London's population numbered 2.2 million). Hanway estimated that in 1785 there were 400 to 550 climbing boys in London, and an estimate from seven years later supposed their number to be 500. . . According to the census of 1851, there were 1107 British chimney-sweeps aged below 15 in Britain." |
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< | * Paul_de_Lamerie.pdf: Review of exhibition, from The Burlington Magazine (1990) |
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< | Below are links to images of De Lamerie's work: |
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> | Climbing Boys in Literature and Art |
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< | * de_lamerie_cup_with_cover: 1742 |
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> | William Blake published two version of his poem "The Chimney Sweep," once in Songs of Innocence (1789) and then in Songs of Experience (1794). |
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< | * basket: 1744-45 |
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> | Scrotum Cancer |
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< | * candlesticks: 1738-39 |
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> | Soot and chemicals it contained led to a notoriously high rate of scrotal cancer among chimney sweep's boys. |
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< | * shells: 1724-25 |
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> | * butlin_scrotum_cancer_article.pdf: Henry T. Butlin, Three Lectures on Cancer of the Scrotum in Chimney-Sweeps (1892) |
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< | * Newdigate: 1743-44 |
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> | * pott_scrotum_article.pdf: Brown & Thornton, Percivall Pott & Chimney Sweepers' Cancer of the Scrotum (1957) |
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< | Armory in Motion
Since it came down, the case has appeared in legal treatises on property, evidence, and tort law, judicial opinions, and case books on property law. |
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> | * Jacobson_scrotum_cancer.pdf: From Walter Jacobson, Diseases of the Male Organs of Generation (1893) |
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> | Paul De Lamerie |
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> | * Paul_De_Lamerie,_Goldmsith.pdf: "Paul De Lamerie, Goldsmith" from The Burlington Magazine (1920) |
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> | * Paul_de_Lamerie.pdf: Review of exhibition, from The Burlington Magazine (1990) |
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> | Below are links to images of De Lamerie's work: |
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> | * de_lamerie_cup_with_cover: 1742 |
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> | * basket: 1744-45 |
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> | * candlesticks: 1738-39 |
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> | * shells: 1724-25 |
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> | * Newdigate: 1743-44 |
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> | Armory in Motion |
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> | Since it came down, the case has appeared in legal treatises on property, evidence, and tort law, judicial opinions, and case books on property law. |
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