Successful Legal Writing 2nd edition Edition

Edwina Higgins download

https://ebookname.com/product/successful-legal-writing-2nd-
edition-edition-edwina-higgins/

Get the full ebook with Bonus Features for a Better Reading Experience on ebookname.com
Instant digital products (PDF, ePub, MOBI) available
Download now and explore formats that suit you...

Successful writing proficiency 2nd Edition Virginia

Evans

https://ebookname.com/product/successful-writing-proficiency-2nd-
edition-virginia-evans/

Legal Writing for Legal Readers Predictive Writing for

First Year Students 2nd Edition Mary Beth Beazley

https://ebookname.com/product/legal-writing-for-legal-readers-
predictive-writing-for-first-year-students-2nd-edition-mary-beth-
beazley/

Writing Successful Academic Books Anthony Haynes

https://ebookname.com/product/writing-successful-academic-books-
anthony-haynes/

The Educator s Guide to Texas School Law Sixth Edition

Jim Walsh

https://ebookname.com/product/the-educator-s-guide-to-texas-
school-law-sixth-edition-jim-walsh/
Insects of Stored Grain A Pocket Reference 2nd Edition
David Rees

https://ebookname.com/product/insects-of-stored-grain-a-pocket-
reference-2nd-edition-david-rees/

U S Military Wheeled Vehicles 1st Edition Motorbooks

International

https://ebookname.com/product/u-s-military-wheeled-vehicles-1st-
edition-motorbooks-international/

Fluid preservation a comprehensive reference Simmons

https://ebookname.com/product/fluid-preservation-a-comprehensive-
reference-simmons/

Red Star over Wessex 1st Edition Nathan Russell

https://ebookname.com/product/red-star-over-wessex-1st-edition-
nathan-russell/

Building Genetic Medicine Breast Cancer Technology and

the Comparative Politics of Health Care Inside
Technology 1st Edition Shobita Parthasarathy

https://ebookname.com/product/building-genetic-medicine-breast-
cancer-technology-and-the-comparative-politics-of-health-care-
inside-technology-1st-edition-shobita-parthasarathy/
Listening to Whales What the Orcas Have Taught Us 1st
Edition Alexandra Morton

https://ebookname.com/product/listening-to-whales-what-the-orcas-
have-taught-us-1st-edition-alexandra-morton/
 ee ie Ske | ee

Edwina Higgins & Laura Tatham

SWEET & MAXWELL

SUCCESSFUL LEGAL WRITING
2nd edition

EDWINA HIGGINS
Senior Learning and Teaching Fellow, School of Law,
Manchester Metropolitan University

LAURA TATHAM
Associate Head (Teaching), Salford Law School,
University of Salford

SWEET& MAXWELL %$ THOMSON REUTERS

Published in 2011 by Sweet & Maxwell, ]OO Avenue Road, London NW3 3PF,
part of Thomson Reuters (Professional) UK Limited
(Registered in England & Wales, Company No 1679046.
Registered Office and address for service:
Aldgate House, 33 Aldgate High Street, London EC3N 1DL)

Typeset by Servis Filmsetting Ltd, Stockport, Cheshire

Printed in Great Britain by Ashford Colour Press Ltd.

No natural forests were destroyed to make this product; only farmed timber was used and re-planted.

A CIP catalogue record for this book is available from the British Library

ISBN 978 O 414 04184 4

Thomson Reuters and the Thomson Reuters logo are trademarks of Thomson Reuters.
Sweet & Maxwell ® is a registered trademark of Thomson Reuters (Professional) UK Limited.

Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for
Scotland.

All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, or
stored in any retrieval system of any nature without prior written permission, except for permitted fair dealing under
the Copyright, Designs and Patents Act 1988, or in accordance with the terms of a licence issued by the Copyright
Licensing Agency in respect of photocopying and/or reprographic reproduction. Application for permission for other
use of copyright material including permission to reproduce extracts in other published works shall be made to the
publishers. Full acknowledgement of author, publisher and source must be given.

© 2011 Thomson Reuters (Professional) UK Limited

For Dave Higson
 y
a

Senet Che On eran —

‘eo sougr nees wennGetrOrRed eetery ne entd en
AO cambios Comme toeOh Rea a
Sa G90 Mose
: Pao =
Samet & Venmeg@ Fa § che

» «
Mag tere No pele ie pedcorrn ney i@
ree 6 ky Tritrensad Tevtein Ol my Ken eats aes WEN oe
Pe Ceyign oaks @@nmaceaen
Bin tateg efi agI UAT UlPernmmenyen MUTE Ped tee see
Othe te
ae SPN TINNO bn ining en to-—eprean i] sa
caboose. ht lrri
a etad af aber,
metv qaubiivtea
enrand Laon Heal tie
% MO | Retrearee Fecteeny WPvedmn deat! (A) wn) Pn
Contents

Acknowledgements xi
How to use this book xiii

WRITING AT UNIVERSITY

INTRODUCTION
What is the purpose of this chapter?
What is “successful” legal writing?
What types of writing will | be asked to do?
How will my work be judged?
What common mistakes are made in legal writing and how can | avoid them?
How can | apply all this to myself?
Summary of chapter1

THE PROCESS OF WRITING

What is the purpose of this chapter?
How can! manage my time more effectively?
How should | prioritise?
How should | manage the process of writing?
Summary of chapter 2

STRATEGIES FOR DIFFERENT TYPES OF WRITING

What is the purpose of this chapter?
What makes a problem question different?
What makes comprehension exercises different?
What makes exams different?
Summary of chapter 3

PREPARING YOUR ASSIGNMENT

HOW TO MAKE YOUR DIAGNOSIS 55

What is the purpose of this chapter? 55
VII @ CONTENTS

What is diagnosis of task all about? 55

Why is diagnosis important? 57
How do! make a diagnosis on an essay question? 58
How do! make a diagnosis on a problem question? 70
Summary of chapter 4 79

PLANNING AND CARRYING OUT YOUR RESEARCH 80

What is the purpose of this chapter? 80
What is a materials review and how do |do it? 80
How can | find materials to supplement my reading list? 82
How do | know that I’m not missing something? 84
How do! evaluate sources? 84
How should | filter out the sources | don’t need? 85
How can | read effectively? 86
How can | improve my note-making strategies? 90
How can | develop critical skills in relation to my reading? 95
Summary of chapter 5 98

HOW TO USE YOUR MATERIALS IN THE WRITING PROCESS 39

What is the purpose of this chapter? 99
What is an argument? 100
How do! develop effective arguments? 104
What evidence do | need to use in my arguments? 107
How do | integrate evidence from other sources into my writing? 110
How do! use a source within another source in my writing? 114
How do! deal with evidence which conflicts? 116
How can | make sure my arguments progress logically? 119
What is plagiarism? 121
How should my legal writing be referenced? 124
Summary of chapter 6 129

COMPLETING YOUR ASSIGNMENT

THE WRITING PHASE 133

What is the purpose of this chapter? 133
What does structure mean in academic writing? 133
How do | write a successful introduction? 135
How do | structure the main text of my answer? 140
How do! write a successful conclusion? 144
Summary of chapter 7 146

WRITING IN GOOD ENGLISH 147

What is the purpose of this chapter? 147
 CONTENTS @® Ix

Isn't what | say more important than how | say it?

What if I’m really bad at grammar and spelling?
Should | make use of spelling and grammar checkers?
I’m dyslexic—can | overcome this?
How can | improve my sentence construction?
What makes up a sentence?
What's all the fuss about apostrophes?
When should | use an apostrophe?
How can | improve my spelling?
What other matters do | need to know?
How do | write in an academic style?
Summary of chapter 8

MOVING FORWARD

FINISHING YOUR WORK AND UTILISING FEEDBACK 177

What is the purpose of this chapter? 177
What does reviewing and editing mean in academic writing? 177
How should | review and edit my work? 178
What does good presentation mean? 181
How do | write a bibliography? 182
When is my work ready to hand in? 182
What can | learn from feedback on my work? 183
Summary of chapter 9 188

10 WRITING AT THE NEXT LEVEL: DISSERTATIONS/PROJECTS 189

What is the purpose of this chapter? 189
How do dissertations compare with other legal writing? 190
Why choose a dissertation as an option? 191
How do! choose a suitable topic for my dissertation? 192
How does the writing cycle work in a dissertation? 194
How do | diagnose the task for a dissertation? 195
How do! choose a critical perspective for my dissertation? 199
What is meant by “hypothesis” and “research questions”? 201
How do | choose an appropriate title? 203
How do! plan and structure my dissertation? 204
How do | research and write up my dissertation? 206
What particular requirements are there for the finishing stage? 207
Summary of chapter 10 208

APPENDICES 209
Appendix 1—sample assessment grade descriptors 211
Appendix 2—assessment grid pro forma 216
X @ CONTENTS

Appendix 3—planning log 217

Appendix 4—research record pro forma 219
Appendix 5—sample answers on the Practice Statement question 220
Appendix 6—sample bibliography 226
Appendix 7—sample research proposal 227

INDEX 235
Acknowledgements

In producing the second edition of this book, we remain grateful to everyone who helped us
with the first edition.
The idea for this book grew from our participation in a seminar on Legal Writing organ-
ised by the UK Centre for Legal Education and the Society of Legal Scholars at Bournemouth
University in March 2005, where we gave a brief presentation about the classes we run at MMU
to encourage students to engage with our assessment criteria. It became apparent during the
course of a very lively day that legal academics have strong feelings about the importance of
good writing, and therefore how much students have to gain by working on their skills. We'd
like to-thank everyone at our session for their contributions.
We'd also like to thank:
Our students, who have helped us to appreciate the value of good writing, and particu-
larly students of the LLB part time degree and the Graduate Diploma in Law at Manchester
Metropolitan University for their participation and feedback on the legal writing classes we
have run over the past five years.
Our colleagues in the School of Law at MMU, who have shared their tips on good writing
with us, and in particular Robin Singleton and Lorraine Wrigley for their advice on tackling Tort
and Contract questions. Any errors remain ours.
Our friends and family: Peter and Lena, for their hospitality and kindness in providing a
haven where the bulk of the book was written; Graham, Mary and Jane, for their advice and
support throughout, as well as their help with the proof-reading; Sarah, who pre-ordered a
copy despite the promise of a free one; Rob, for his support, and for allowing Eddie to com-
mandeer his PC for weeks on end when her own buckled under the strain; Dave, for his support
when Laura needed to work on the book yet again; Maeve, who acted as our style consultant,
and Lily, for encouraging us to get our “story” finished.
And finally Nicola Thurlow at Sweet & Maxwell needs thanks for her patience in the face
of adversity when the irony of the book’s title in respect of our writing methods must have
dawned on her at an early stage.
Our circumstances changed in several ways during the writing of the second edition. Our
first thanks still go to our students and colleagues, now including those at Salford Law School.
Joanne Urmston, Nick Longworth and Daniel Collins at MMU have shown endless patience
in supporting Eddie's attempts to integrate Tort and Contract into her skills materials. Any
XIl @ ACKNOWLEDGEMENTS

mistakes are of course still ours. Maeve brought the perspective of a first year undergraduate
this time around, and Lily monitored our work to chatting ratio.
Constance Sutherland and Sarah Barton at Sweet & Maxwell inherited the unenviable
task of steering us towards publication and we are very grateful to both for their patience and
courtesy throughout the process and to Sarah for her editing skills in particular.
How to use this book

Our aim is to help you become successful legal writers. We've designed this book to be flexible
So you Can use it in different ways according to your own particular needs. This means taking
a moment to think about your purpose in selecting this book. Whatever your motivation, the
advice within it will be of most value if you take some time to identify exactly what you need to
get out of it.
The book is arranged into four parts. The first part will take you through what writing at
university level in law requires, and suggests strategies you can use. The second part takes
you through the steps needed to research and plan your assignment. The third part takes you
through completing your assignment. Finally, in the fourth part we look at developing your
writing from your feedback, and also consider the particular demands of writing an under-
graduate dissertation.
Although we provide lots of advice, we can’t give you a blueprint which will automatically
work for you; what you must do is reflect on what you need to do to improve so you can target
the parts of the book which will help you to write more successfully. For example perhaps:

@ you are beginning your studies and want to develop a good technique from the
Start. Start with Chapter 1 where we explore the qualities that your tutors will be
looking for in a good piece of writing and some of the common weaknesses we've
seen in student work, and then work through our suggested cycle for successful
writing which we explain in Chapter 2. This should help you reflect on the areas you
need to focus on, and therefore which further chapters to work through, or you may
prefer to read all the remaining chapters in order to maximise the benefits;
@ you already know a particular weakness in your work, perhaps from feedback, and
want to tackle that. We’ve used an FAQ format throughout the book, so use the
contents page to find the relevant section you need;
@® you don't have a specific issue already but know you need to make some general
improvements somewhere. Again, start with Chapter 1 to gain a better understand-
ing of the qualities good writing has, identify your strengths and weaknesses and
move to the right parts of the book to help you.
XIV @® HOW TOUSE THIS BOOK

COMPLETING THE ACTIVITIES

You will be invited to work through several activities as you read, so it will be useful to have a
pen and pad of paper ready. Many of the activities do not have a correct answer but instead will
invite you to compare your thoughts with ours to encourage reflection. We know it is tempting
to skip straight on to the “answers” without completing self-study activities in a textbook, but
we have designed them to help you develop your own writing skills so if you don’t work through
them, you won't get as much value from the book. If you have a tendency towards a “just give
me the answer” mentality, work on overcoming that if you are serious about becoming a suc-
cessful legal writer.

APPENDICES
In the appendices you will find examples of pro forma that you can use to help you carry out
different elements of the writing cycle successfully. You may wish to copy these if you want to
use them more than once. There are also sample essays and research proposals and examples
of assessment criteria.

AND FINALLY
We can’t offer a shortcut to getting better marks with less effort. There is no substitute for
working hard by attending classes, doing research in the library, preparing for tutorials, semi-
nars, workshops and so on. What we can do is help you to make the most of the time you spend
carrying out this work, by showing you how to convert all your efforts into successful legal
writing.
PAI
Writing at University
 -
Se . vi

mi. Fo Me ACTITIESi

coma your &

ug on to the “answers” OU SG ei
{ie t
ye Jeniagrreds then thhelp
Wns evel at
On won't Qetas
eye wallae From
i he Se” reve torPy
, sient ge oF :
tA legal willer,

APPENDICES
1-0 appaniees
Migvert a
vamwalgs sali ae
eee Kees a
(is Thern rrujre than creat Thate are.alesaeco
Of AsSeustrairg criteria ,
: rag Via
ee @ had
: v ; > 4 So
AND Fitters»
> \ Se) (CS eae

Wail te Sma ns easing bali fetes

rer so era acc tech
14%, tee Path eet nn, UEC &
help y
i i Sm
wiley

ee ed

®
:
Ey =
“i

=
—
x.
™~
=

a,
bn ‘—
DT
Introduction

WHAT IS THE PURPOSE OF THIS CHAPTER?

In this chapter we will encourage you to think about the qualities which make successful D1.1
writing, with particular reference to the sort of writing you will be asked to do as part of your
legal studies. This will provide a basis for you to think about how to improve your own writing,
and therefore which parts of the rest of the book you will need to focus on. By the end of this
chapter you will:

@ understand what we mean by successful legal writing and why we are talking about
it in this book;
@ have thought about different types of writing you may be asked to do during your
studies, and the purpose of writing in different situations in the context of your aca-
demic work;
@ understand the way in which your work will be judged, and in particular what is
meant by assessment and/or grading criteria;
@ have had an opportunity to reflect on your own writing skills and make a plan to
improve.

WHAT IS “SUCCESSFUL” LEGAL WRITING?

Probably the most important skill which marks out a good lawyer (whether a practising lawyer
or an academic lawyer like you, now you're a law student) is the ability to communicate. The
most brilliant academic will be a terrible lecturer if he or she cannot get a message across in
class—and similarly a barrister in court might be wonderfully well-prepared but will need to
argue clearly and effectively in order to have the best chance of winning the case.
The concept of effective communication is something which we perhaps most obvi-
ously associate with communications which are made verbally. If we say someone is a “good
communicator”, we often mean that they speak and argue well, just as in the example given
above. But verbal communication is only part of the story; written communication is just as
important. A practising solicitor needs to be able to write appropriately to clients and other
solicitors in order to advise and negotiate; a barrister must write effective advice notes and
briefs.
The ability to communicate effectively in writing is vital for law students. Obviously it is
important for you to understand the aspects of law you will be studying in order to succeed,
 4 @ INTRODUCTION

but the way you demonstrate this to your tutors—which is what you need to do to get good
marks—is through the work you produce. You need to be able to show your tutors that you
understand the law. It is particularly important that you hone your skills in written com-
munication because on law degree courses and certainly on the Graduate Diploma in Law
(Common Professional Examination or CPE), there is likely to be a much stronger emphasis on
written assessments, such as essays, reports, exams and projects or dissertations, than there
is on oral assessments like presentations and moots (although you may well do some of these
as well). For your legal writing to be successful, it must be an effective communication of your
understanding of the law.
Here are some activities to help you reflect on your writing. Before you start go and
get yourself a pen and paper. We know it is tempting to have a look at our views instead of
having a go yourself first but we promise you will get much more out of the activities if you
do.

ACTIVITY 1.1
1.33) There are various myths and misconceptions about studying law successfully. Reflect on your
own perceptions with the following exercise, which contains a number of statements about
studying law and producing legal writing. Which do you think are true, and which are false?
What are your reasons for thinking as you do? There are not necessarily any right and wrong
answers to this, but you can compare your perceptions with our comments.
1. The main factor in doing well is the amount of work you put in.
2. Your level of intelligence is the key factor in how well you do.
3. If you've done well in writing-based subjects at A level, you will do well in the degree.
4. Being able to write is something you are either good at or you are not.
5. The key to successful writing is effective communication.

Activity feedback—here are our thoughts:

I. The main factor in doing well is the amount of work you put in.
The amount of work you do is certainly important: if you want to do well, then you will have to
put the work in. But clocking up so many hours in the law library is no guarantee of success in
itself; you need to reflect on whether you are working effectively, and whether or not you have
developed the skills to translate that effort into good marks through effective communication.
You will also need to have a clear idea of the purpose of any particular assessment in order to
complete it successfully, and we consider this further later in this chapter.

2. Your level of intelligence is the key factor in how well you do.
Well, your level of intelligence will certainly be a factor, but you may be surprised to learn that
it is not necessarily the most important. The most intelligent student will lose marks if he or
she has failed to put in the necessary work, or communicates poorly. That is why it is important
to understand what you are being asked to do, and why, so that you can plan accordingly. (We
might also argue that a student who fails to put in the necessary work without good reason is
not really showing much sign of this supposed intelligence!) Students who work Strategically
and make the most of their skills will do better.
 WHAT IS SUCCESSFUL LEGAL WRITING? @ 5

3. If you’ve done well in writing-based subjects at A level, you will do well in the degree.
Certainly if you have done well in essay writing at A Level this will be a promising basis for your
writing at university. However, it is important to think about these skills as just a starting point
because at university not only will you be expected to improve on what you have done at A level
but you will also be expected to improve year by year.

4. Being able to write is something you are either good at or you are not.
It can seem like this. Certainly some people find it easier to write effectively than others—
which is great if you happen to be one of those people, and frustrating if you aren’t—but
most of the techniques of good legal writing can be acquired through practice. There is more
detailed information on how to improve your writing throughout this book, so it is worth
spending some time thinking which aspects of your work you wish to improve upon. If your
perception is that you are “not good” at writing; aim to do more reading. You'll be learning
by example.

5. The key to successful writing is effective communication.

Yes, in case the message hasn’t come across yet, we'll say it one more time: effective
communication is the key to successful legal writing. Merely learning all those rules and
cases isn’t enough in itself. Communication is a vital skill for a lawyer, so working to
improve your writing skills now will not only help you achieve better marks during your
studies, but will also help you in your future career (even if you do not plan to practise as
a lawyer, good written communication skills will be highly valued by any employer). You
may already have come across the term “employability” within your studies—developing
your communication skills is an important aspect of that. And, in any case, communicating
effectively isn’t as difficult as you might think; it is a skill which can be learned, practised
and improved.

By now, you might be starting to think that the amount of work you do makes no difference. d1.4
This isn’t what we’re saying! Of course you will still need to put in the work to understand the
substantive law, but all those long hours in the law library will be more effective if you also work
on your writing skills. There is nothing more disheartening for us, as law tutors, than a student
who comes to us with a disappointing mark for a piece of work and says “but | worked so hard
on it—! don’t understand how | could have done so badly”. (And if it’s disheartening for us,
imagine what it’s like for the student in question.) Basically that student has failed to translate
all that work into an effective piece of communication.
You won't be expected to be brilliant at this straight away. There are national standards
for higher education (the Framework for Higher Educational Qualifications: www.qaa.ac.uk/
academicinfrastructure/fheq/default.asp), which set expectations for students at each level of
the degree. For full-time students on a three-year programme, your first year will be Level 4,
your second year Level 5 and your final year Level 6. For degree studies exceeding three years
(for example part-time degrees) the levels are likely to be split across different years. Your
institution will explain this to you (probably in a programme, course handbook, or regula-
tions). Students studying for the CPE will normally find they are being assessed at Level 6, in
other words, at the same standard as the final year of your previous degree (although courses
 6 @® INTRODUCTION

which are described as postgraduate diplomas rather than graduate diplomas are assessed at
Level 7 (Master's level)).
Without worrying too much about the detail of these different levels, the point is that
your work is expected to develop to the standard expected of a law graduate by the end of your
course. This standard is not expected from the outset.

ACTIVITY 1.2
1.53 We know that successful writing is based on good communication. In order to communicate
effectively you need to have a clear idea of the purpose of your communication, in other words,
why you are doing it. It can be tempting to think merely “because I've been told to” here, but
thinking more clearly about why you have been set a particular assignment and what you think
the tutor wants you to demonstrate by doing that assignment will help you remain focused on
your task.
We’re going to think about the sort of writing you might be asked to do during your
legal studies (and what your tutors are looking for when they read it) later in this chapter,
but for now, we want you to think about the purpose of various types of everyday written
communication.
In this activity consider the following list. For each item (a) identify the purpose of
the reader in reading it, and (b) consider what the writer would have to do to communicate
successfully in meeting that purpose.

@ A detective novel
@ A biography
@ A [IV listings guide
@ A quality newspaper
@ Flat pack instructions

Type of The purpose of the So to communicate

communication reader in reading this successfully, the writer would
would be... have to make the writing...

A detective novel

A biography

A TV listings guide

A quality newspaper

Flat pack instructions

SR Ee aor ne et nek ieee dove sey fete race es Ogee deren
 WHAT TYPES OF WRITING WILLIBE ASKED TODO? @ 7

Activity feedback—here are our thoughts:

A detective novel—(a) you might read this for entertainment, suspense, relaxation; therefore (b)
in order to communicate successfully, the writer needs to make the novel exciting, interesting,
a “page-turner”. If the novel is too stodgy or difficult to read, or dull, then someone reading
purely for entertainment is unlikely to persevere with it.
A biography—(a) the purpose of reading this is likely to be similar to the novel, in that it
may be read for entertainment or relaxation (though perhaps not suspense), although
the motivation may also be to improve knowledge or to gain information (for example, a
researcher might read a biography); (b) the purpose is similar to the novel if being read for
entertainment but the writing must also be informative. If the biography contains very little
about the life of the person in question, or has a number of factual errors, then it will be failing
in its purpose.
A TV listings guide—(a) you might read this either for quick information on what's on or perhaps
for reviews/recommendations as to which of the forthcoming programmes are the ones to
watch; (b) consequently, to be successful, the listings need to be clear and easy to read and the
reviews need to be accurate and appropriate.
A quality newspaper—(a) fairly obviously, people read a newspaper in order to get news and
views (and of course the choice of paper will be influenced by the type of news and views they
want to read) although of course newspapers also contain lots of other entertainment features
such as TV guides, puzzles, reviews and so on; (b) clearly therefore a quality newspaper must
be up to date, and accurate in order to satisfy its readership.
Flat pack instructions—(a) these are intended to give the reader the instructions needed to
build, for example, a piece of furniture. The reader reads them to learn that process, so (b) the
instructions need to be clear and simple (preferably with diagrams) and well-ordered. They
also need to be accurate!
Don’t worry if your ideas are not exactly the same as these—the aim is to encourage you
to think about the purpose of writing, so there are no right or wrong answers.

WHAT TYPES OF WRITING WILL | BE ASKED TO DO?

Now that we've considered what makes successful communication in relation to some non-law d1.6
related types of writing, let’s focus more on the type of writing you'll be doing on your course.
Law students are asked to write in a variety of circumstances and for a variety of purposes.
During your studies you may write some or all of the following:

®@ Analytical essays, essay plans

@ Answers to “problem” questions (asking you to advise on a certain scenario)
@ Case-notes
@ Reports
® Judgments
@ Memoranda, briefs, opinions, letters
@ Posters, leaflets
@ Journals, logs, blogs, diaries, discussion forums
@ Literature reviews, research proposals
 8 @ INTRODUCTION

@ Critical reviews of a particular source

@ Dissertation or project
@ Lecture notes, research notes

Analytical essays and problem answers remain the most common type of legal
assessment for undergraduates (if you go on to take the Legal Practice Course or Bar
Professional Training Course there will be a greater focus on practical writing skills needed
by legal professionals). We’re going to consider these in more detail in relation to improv-
ing your writing throughout the text (we also give further advice about dissertations in
Chapter 10).

Essay questions
1.793 Essay questions are common to many disciplines, and you are bound to have tackled an essay
question in some sort of assessment before, although not necessarily in law. The different
types of essay question you are likely to be asked to tackle during your legal studies are as
follows:

1. A question type essay is asking you provide an answer (obviously!) with reference to
evidence:

Does the Practice Statement 1966 pose a threat to the stability of the doctrine of
precedent?

2. Aninstruction question is similar in type to the question essay but turns it round into
an “order” which you have to carry out:

Critically assess whether the Practice Statement 1966 poses a threat to the stability of
the doctrine of precedent.

3. A statement type question will usually adopt a particular position on an issue, or

pose a hypothesis (a hypothesis is simply a statement the truth of which can be
tested), which you are then asked to ‘discuss’ or ‘critically evaluate’.

“The Practice Statement 1966, whilst representing an erosion of the doctrine of

precedent, is a necessary development in order to allow modernisation of the law”.
Discuss.

Variations might include a more particular instruction, for example “Discuss with
reference to the case of X” or “Discuss, illustrating your answer with recently decided
cases.”

Problem questions
1.8 D These consist of a paragraph or so setting out a set of facts—in other words, a scenario where
various circumstances have affected various people—and you are asked to “advise” one or
more of them about particular legal issues arising out of the facts given.
An example of a problem question is as follows (we return to this one in more detail in
Chapter 4):
 WHAT TYPES OF WRITING WILLIBEASKEDTO DO? @ 9

Zebedee has been suffering from persistent headaches about which he has consulted
his doctor. One morning he is driving to university when he suffers a sudden seizure
and collapses at the wheel. His car veers towards Abdul who is standing on some
scaffolding and jumps off it to avoid the impact of the car, suffering a broken wrist
and ankle when he hits the ground. Zebedee’s car ploughs into the scaffolding and on
into the path of an oncoming bus. Brenda and Carl are both passengers on the bus who
are standing next to each other. Carl is carrying a firework which the crash impact
causes to explode, injuring Brenda. Brenda suffers severe burns. The police arrive at
the scene and as the police officers are escorting people off the bus the scaffolding
collapses altogether, injuring Dan, a spectator who was trying to take photographs
of the incident on his mobile phone. Dan suffers injuries to his head. He has now
suffered a personality change, and has attempted suicide, causing him further injury.
Advise Zebedee about his potential liabilities.

This is a very common type of question in legal study, and you are likely to discuss a
number of these scenarios in class as well as being asked to prepare them for assessments.

ACTIVITY 1.3
You have already considered the purpose of various types of non-legal writing in Activity d1.9
1.2, and we know therefore that in order to write successfully, a writer needs a clear idea of
the purpose for which he or she is writing. Now, let’s apply this reasoning to your
assignments.
Putting yourself in your tutor’s position, take a few moments to consider why a tutor
would set each of the following types of assignment:

1. An essay.
2. Aproblem question.
3. Adissertation or research project.

What skills do you think a tutor is looking to test, in setting each of these? In other words, what
is the purpose, or point, of each type of assignment?

Activity feedback—here are our thoughts:

1, What is the purpose of an essay?
Writing an analytical essay will test whether you have a number of different skills, for example,
the following:

@ Can you work out the nuances of a particular question?

@ Can you argue a reasoned position by comparing and synthesising arguments by
different writers on a particular subject?
@ Can you carry out research based on the particular subject matter of the essay?
@® Can you write using good English?
@ Can you write a coherent argument?
 10 @ INTRODUCTION

@ Can you pursue a particular issue in depth?

@ Can you write using appropriate technical legal terms?

Was one of your thoughts something like: “To see how much you know or can remember about
the general topic of law mentioned in the question’? Probably not: yet this is one of the most
common complaints from tutors marking assignments: that students write a general, rather
than a specific, answer. Learning to be specific is therefore an important skill which we consider
in Chapter 4.

2. What is the purpose of aproblem question?

The skills that a problem question will test include the following:

@ Can you apply your understanding of the law to particular facts and people?
@ Can you distinguish relevant major and minor points in relation to a given
problem?
@ Can you identify the relevance of particular cases to a particular set of facts?
@ Can you work out the facts which are in dispute?
@ Can you identify further facts which are needed to resolve areas of dispute?
@ Can you provide advice to the appropriate person in the scenario?
@ Can you identify issues where there is conflicting authority?
@ Can you give a balanced view which takes into account the strengths and weak-
nesses of a particular argument?
@ Can you structure your advice appropriately and give the right weight to the major
and minor points?

You will see from this that the purpose of a problem question is never to check whether you
can write generally on the topic or speculate about facts which don’t exist. We return to this in
Chapter 4.

3. What is the purpose of a dissertation or research project?

The purpose will be similar to a written essay, but in particular will test the following additional
Skills:

@ Can you propose a suitable research hypothesis, and pose research questions?
@ Can you sustain a detailed and in-depth investigation into a particular topic of your
choice including finding a greater variety of sources for yourself?
@ Can you plan and carry out a more ambitious piece of work with only limited
Supervision?

The writing process for a dissertation differs significantly from other types of assignment and
we therefore consider this separately in Chapter 10.

HOW WILL MY WORK BE JUDGED?

1.10 D So far, we've emphasised that the key to successful writing is effective communication, and
therefore that it is vital to keep in mind the purpose for which you are writing and the purpose
 HOW WILL MY WORK BEJUDGED? @® T1

for which the assignment was set, so that you know what you should be aiming to communi-
cate. However, you will need a more specific idea of how your tutors will decide whether your
work meets its purpose.

What are your tutors looking for?

It seems to be a common misconception that what is being tested in legal assignments is how d1.11
much information you can retain. This is not the case. Accuracy—in other words getting your
facts right—is an important skill in academic work of course, and certainly for a lawyer. However,
your tutors are looking for much more than evidence that you can retain facts and repeat them.
In higher education, you are expected to make a progression from transmission of information
to demonstrating that you can use it, apply it and evaluate it. This is sometimes described as
“deep” rather than “surface” learning, or evidence of understanding rather than “rote learning”
(which means simply memorising something and repeating it back parrot fashion).
It can be daunting as a student to understand this distinction: it is easier (and feels safer)
to repeat things rather than exploring the issues, but if you can get to grips with the concept
that your tutors are looking for more than description and repetition then there will be a huge
improvement in the quality of your writing. You are missing the point if you ask “how many
cases do | need to learn?” or “have | learnt enough?” because this suggests you think there is
a magic information “threshold” which will gain you a pass mark. There is not: because your
tutors.are not looking simply for information but for what you do with the information. It would
be like an art student saying “| want to paint a brilliant picture—how much paint should |
use?” It is easier in this situation to see that the student is missing the point, that it is what the
student does with the paint which is the vital part, but exactly the same is true of the informa-
tion you are going to amass as a law student (your “paint”) which you then need to transform
into a successful piece of writing.

Use of assessment criteria

It is increasingly common for law schools to specify what they are looking for in relation to your B1.12
written work with the use of assessment criteria. These will vary from institution to institution
and they may well have been drawn up with reference to the nationally set standard for law
degrees known as the benchmark statement for Law.' Some institutions use generic criteria
which apply, slightly adapted, to all or most written assignments; others may specify particular
criteria for each assignment or type of assignment, for example problem questions.
Nevertheless, there are likely to be significant areas of overlap, in that most of your written
work will require you to display certain skills (which are likely to be the same or similar for each
subject you study) combined with evidence of knowledge and understanding (which will obvi-
ously vary from subject to subject). Separate criteria are identified for answering problem ques-
tions and essay questions.
Although the exact criteria used in your institution may vary, listed below are the kind
of things that will, in some shape or form, be important in legal writing regardless of your
institution:

1 You can read more about this at http://www.gaa.ac.uk/Publications/InformationandGuidance/Documents/Law07.pdf [Accessed

August 8, 2011]
 12 @ INTRODUCTION

@ Identification of issues/diagnosis of task/analysis of task—in other words, showing

you understand what you have been asked to do.
@ Knowledge/accuracy—in other words, that the information you rely on to build your
arguments is factually correct.
@ Understanding—that you can select and explain relevant material in depth.
@ Application—that you can take your knowledge and work out how it would be rel-
evant to particular circumstances.
@ Analysis or evaluation—that you can make critical judgments about your material;
that your work is not just describing circumstances.
@ Research—that you can find and use an appropriate range of quality materials as
evidence to support your arguments and reference these correctly.
@ Organisational structure/argument—that you can put together your points into a
logical sequence which builds towards an appropriate conclusion.
@ Presentation—that your work is written using good English grammar and spelling
and in an appropriate style, and that any requirements for submission are complied
with.

You may be given details of the weight to be attached to particular criteria, for example that
up to 10 per cent of the marks available are for your presentation and referencing. Where
weighting is specified in this way you may also be given further information about the stand-
ard which is required to gain a particular mark against each
TIPS ¢ Think of assessment criteria as criterion through the use of what are called “grade descrip-
being the “rules”
of agame. Make sure you tors”. For example, in order to get a high mark out of 10 for
find out whether criteria are used for your presentation, you may be told that your referencing must be
assignments and if so what they are and complete and accurate and your work must be presented
what they mean. well and contain no spelling or typographical errors. There
are some examples of sets of grade descriptors in Appendix 1
(these have been adapted from the ones in use on the law degree at Manchester Metropolitan
University).
Remember that your institution may not set out the criteria in the same way as this.
Whatever form your Law School uses for the guidance on how your work will be judged find out
as much as you can about what your tutors are looking for before you start to plan your writing.

WHAT COMMON MISTAKES ARE MADE IN LEGAL WRITING AND

HOW CAN | AVOID THEM?
1.13 B It might seem odd, in a book called Successful Legal Writing, to spend time thinking about
common mistakes—in other words to focus on what is, essentially, unsuccessful legal writing.
However, we believe it is vital that you understand the criticisms which tutors frequently make
of written work, and even more importantly, what prompts these criticisms, so that you can
take steps to avoid making these mistakes yourself. You may recognise these comments, or
something similar, from feedback you have already received—perhaps this is what motivated
you to pick up this book—and if this is the case, you will find tips as to which chapter or chapters
will help you to tackle each mistake.
 WHAT COMMON MISTAKES ARE MADE IN LEGAL WRITING AND HOW CAN! AVOID THEM? @ 13

“Does not answer the question”

Other ways this might be phrased: “you haven't understood what was being asked of you”; “read 91.14
the question more carefully next time”.
OK, so you are asked a question. All you have to do is answer it. Sounds easy. There area
number of things which make it hard.
Sometimes it might be that you do not have the legal knowledge to answer the question,
but it is much more likely to be down to failing to show the tutor marking your work that you
understood what was being asked. This may have resulted in putting in irrelevant material
and missing out material which was needed. See the advice on both these comments below.
Sometimes (especially in an exam situation) it can be due to failing to read the question prop-
erly, or wanting to include material it took hours to learn, just to show you learnt it, even though
the question does not ask for it.

“Discussion of irrelevant issues”

Other ways this might be phrased: “your answer goes off track”; “avoid a ‘write all you know’ ~=§1.15
approach”.
This kind of comment is made on work where the student has put down so much informa-
tion that there is some relevant and correct material, but it is buried in a mass of other mate-
rial which is only generally related to the topic. This is sometimes called the “scattergun” or
“kitchen sink” approach. In other words you are putting in “everything but the kitchen sink” or
randomly shooting out “bullets” of law with the hope that some of the shots will hit the target.
This might be because you know an awful lot—great—but you are failing to show that you
understand the material. Being able to recite or regurgitate material does not, unfortunately,
prove to the tutor marking your work that you understand it.
Perhaps the most crucial point in writing is to remember
you cannot impress or gain marks by putting down mate- TIPS You need to keep an imaginary bin
rial you have not been asked for, no matter how difficult the in your mind—and you have to have the
material or how laborious it was to find it and/or learn it. You courage to put irrelevant material in that
are wasting your own time and your tutor’s and you are failing bin. Deciding whether material is relevant
to communicate your understanding. This understanding is depends on your understanding and your
shown as much by what you leave out as what you put in. task diagnosis. We'll look at this in much
Think for a moment about watching politicians being more detail in Chapter 4.
interviewed on the news or answering questions on a pro-
gramme like Question Time. It is common practice for them to deflect a tricky question about
something they do not want to talk about by changing tack and answering a different question
from the one asked. A good interviewer will point this out and repeat the original question.
How do you rate the politician when this happens? Do you think to yourself “Wow, what a
knowledgeable person, to be able to answer on something completely different from what was
asked”, or do you think “Shifty guy—can’t even give a straight answer to a straight question”?
Your tutors aren't necessarily going to think you are being shifty if you fail to answer the ques-
tion as asked, but they are certainly not going to pat you on the back for being able to discuss
something which is not relevant.
 14 @ INTRODUCTION

“Misses important points”

1.16 Other ways this might be phrased: “you should have discussed ...”; “you have barely touched on

In other words, there was important material which was not discussed. This might be due to
a number of different causes. Did you fail to understand the topic and to not realise that the
missed issue was important? Did you waste too much time on irrelevant material and so did
not have the time or words to include everything you wanted?
TIPS © Thoroughly understanding the topic Did you run out of time in an exam?
is essential before you start. Careful planning Where you have a tight word limit, and in an exam
of your piece of work will be needed to make where your time is limited decisions will need to be
sure you are covering all the relevant issues. made about the relative importance of points and what
to include and not to include. There is more about this in
Chapter 4.

“Where is the source?”

1.178 Other ways this might be phrased: “lacks authority”; “where is your evidence?”.
Tutors write this where a student has made an asser-
TIPS ¢ Always remember that every assertion tion without providing the necessary evidence to support
of law needs to be supported by evidence. In that assertion. This is particularly a problem in relation
other words, you need to prove your point by to assertions of law, where the evidence must be in the form
giving a case or statute where that principle of a case or statute. For example:
of law can be found. This does not mean
There is only one ground for divorce, namely irretrievable
that you need to give lengthy explanations
breakdown of marriage.
of the facts in the case—usually concise
information is enough. There is more on This is quite true, but it is an assertion of law
using evidence appropriately in Chapter 6. (i.e. the student is stating what the law is on that point)
and therefore needs to be proved by stating a legal author-
ity (i.e. a primary source of law). The legal principle given
here about divorce comes from s.1(1) of the Matrimonial Causes Act 1973. It is also impor-
tant to demonstrate your use of secondary sources books, articles, etc. clearly in your work.
Failing to do this meticulously may be perceived as plagiarism.

“Insufficient application to the facts”

1.18 = Other ways this might be phrased: “too general”; “more specific advice is needed”; “how does
this affect our parties?”.
This mistake is applicable to problem questions which
TIPS * Check who you are advising about ask you to provide advice to a particular party or a number of
what, then make sure that as well as stating parties, and arises where the student writes a general essay
the law and providing evidence to support on the area of law without saying how it affects (i.e. applies
your statement, you then go one step further: to) the party he or she has been asked to advise.
“So in Fred’s case, this means ...” The name Application is a very important skill for a lawyer. Clients
of the party you are advising should occur coming for legal advice do not want to pay for an hour's
frequently throughout your work. There is worth of waffle on generalities: they want to know how the
more about this in Chapter 3. law affects them, and, depending on the circumstances,
 HOW CAN! APPLY ALL THISTO MYSELF? @ 15

whether they are likely to win in court. This is what you need to bear in mind when answering
problem questions. Note that this does not mean that you give only one side of the argu-
ment—your client wants honest, objective advice!

“Too descriptive—lacks analysis”

Other way this might be phrased: “more depth needed”: “insufficient evaluation”. B 1.19
This is likely to be written on an essay where a student states the law (hopefully with the
right authority) but does not go on to discuss the question in enough depth. This is especially
needed in essay questions. Description is important, because that is how you explain the rel-
evant law, but in order to get good marks you need to go further than this and provide evalua-
tion—not just what the law is, but why it is like that, what effect this has and so on. This is a skill
which you will be expected to develop as you proceed with your studies, and you will also learn
about looking at the law from different perspectives. Try to develop a questioning or critical
attitude towards the law. (There is more on this in Chapter 6.)

“Mistakes on the law”

Other way this might be phrased: “contains a number of legal errors”. »1.20
It is, of course, vital that in order to succeed in your assignments you must have a thor-
ough and up to date understanding of the legal principles on which you are being tested.
That said, this is not as daunting as it may appear because so much of your study time
will be focused on making sure that you have grasped the right rules. Therefore a student
who works hard throughout the year and attends lectures and attends and participates in
tutorials will have a very sound grounding in this. It is usually only those students who have not
engaged with the course who find they are floundering in terms of their knowledge at assess-
ment time. And you don’t need to be told that students who don’t do the work do badly—that
is obvious.

HOW CAN ! APPLY ALL THIS TO MYSELF?

In order to get the most from this book, you now need to stop and think about the steps that d1.21
you need to take in order to improve your own writing, in the light of what you now know about
what makes legal writing successful and the factors your tutors will take into account when
judging your work.
It won't help to move forward with this book with only a vague idea of your purpose. You
need to work now on your specific strengths and weaknesses so you can build on the strengths
and tackle the weaknesses. In a moment we are going to ask you to do a reflective exercise, and
there will be further reflective exercises throughout this book. The purpose of reflection is to
focus on issues which are particular to you: good reflective practice is about being honest and
specific about how you measure up to whatever the reflective exercise is asking of you. Being
reflective is hard—but the key is to avoid slipping into denial: be objective. If it helps, try putting
yourself in someone else's shoes and imagine what they might say about you. In this case, we're
going to ask you to think about your writing skills. Remember—be specific, and be honest. You
should use a pen and paper to complete this activity.
 16 @ INTRODUCTION

ACTIVITY 1.4

1.22 D Step 1: Successful writing

What do you regard as the most successful piece of writing you have done to date? (This could
be an essay you wrote at school or college, or a project you have done, or perhaps a job applica-
tion or a short story or a poem.) Note this down.

Step 2: Judgment
On what basis did you make the judgment that it was successful? Was it because you got a high
mark/got the job/won a prize? Now dig a little deeper and try to think about what it was that
made that piece of writing successful. Try to be as specific as you can—for example, was it on a
topic that you were very interested in? Did you get a lot of help with writing it? Did you do it in
a group? Was it with a clear goal in mind like a job or a prize? Did you do it to a tight deadline?
Did you use a particular approach to the writing? Note down any factors you can think of which
contributed to your success.
Your first reaction to this might be that you aren't sure, or it was “just luck” but there will
have been a combination of factors which led to your success, so really try to pinpoint these.
Remember that you need to think about specific factors, not vague statements like “Well, it
was an English essay and | was always good at English”. Try to be more focused and specific
and look for reasons and evidence to support your reflection.

Step 3: Unsuccessful writing

Now think about what you would class as one of the weakest pieces of writing you have done,
and go through the same process with this as you did with your best piece, again identifying the
factors which affected your writing and how you tackled it.

Step 4: Skills
Thinking back to what we suggested earlier about focussing on the purpose of different types
of writing, what was the purpose of the writing you did in your most successful piece and your
least successful piece? What skills were they testing? Again, note these down. If you get stuck
on this, perhaps look at the list of “criteria” we gave earlier in the chapter to see if that gives you
ideas for what the pieces of writing were aiming to test.

Step 5: Analysis
You should now have two lists: one relating to the factors and skills of your most successful
writing, and the other covering the same for your least successful writing. Can you see any pat-
terns emerging as to what skills you already have, what skills you need to work on, what things
help you to do well and what things hinder you?
There are not necessarily any “quick fix” solutions but if you are able to focus on what is
right for you then this will help you make the most of this book. All we can do here is provide
general advice and tips—we do not know you and we have not seen your work—based on the
things we know about what students find difficult and what helps them to resolve these dif-
ficulties. Having a clear idea of what you need to work on and what things you are already
 HOW CAN | APPLY ALLTHIS TO MYSELF? @ 17

good at will help you target the problem areas most effectively. In other words the strategy for
improving your own writing has to come from you.

SUMMARY OF CHAPTER 1
The key to successful legal writing is good communication, which in turn depends b 1.23
on having a clear understanding of the purpose of the writing.
You will be expected to demonstrate that you can write in a variety of different
Situations.
You need to be clear about the purpose of each different type of assessment you are
set.
Your work is likely to be judged against some form of criteria, which will vary from
institution to institution.
You will learn more about how to avoid common student mistakes in legal writing
throughout the rest of the book.
You should reflect carefully on your existing strengths and weaknesses to make the
most of the advice in the rest of the book.
Exploring the Variety of Random
Documents with Different Content
any children, they confessed that they had indeed tormented many,
but did not know whether any of them died of these plagues,
although they said that the devil had showed them several places
where he had power to do mischief. The minister of Elfdale declared,
that one night these witches were, to his thinking, on the crown of
his head, and that from thence he had a long continued pain of the
head. And upon this one of the witches confessed that the devil had
sent her to torment that minister, and that she was ordered to use a
nail, and strike it into his head, but his skull was so hard that the nail
would not pentrate it, and merely produced that headache. The
hard-headed minister said further, that one night he felt a pain as if
he were torn with an instrument used for combing flax, and when he
awoke he heard somebody scratching and scraping. at the window,
but could see nobody ; and one of the witches confessed, that she
was the person that had thus disturbed him. The minister of Mohra
declared also, that one night one of these witches came into his
house,- and did so violently take him by the throat, that he thought
he should have been choked, and awaking, he saw the person that
did it, but could not know her ; and that for some weeks he was not
able to speak, or perform divine service. An old woman of Elfdale
confessed that the devil had helped her to make a nail, which she
stuck into a boy's knee, of which stroke the boy remained lame a
long time. And she added, that, before she was burned or executed
by the hand of justice, the boy would recover. Another circumstance
confessed by these witches was, that the devil gave them a beast,
about the shape and bigness of a cat, which they called a carrier ;
and a bird as big as a raven, but white ; and these they could send
anywh,ere, and wherever^ they came they took away all sorts of
victuals, such as butter, cheese, milk, bacon, and all sorts of seeds,
and carried them to the witch. What the bird brought they kept for
themselves, but what the carrier brought they took to Blockula,
where the arch-fiend gave them as much of it as he thought good.
The carriers, they said, filled themselves so full oftentimes, that they
were forced to disgorge it by the way, and what they thus rendered
fell to the ground, and is found in several gardens where coleworts
grow, and far from the houses of the witches. It was of a yellow
colour like gold, and was called witches' butter. Such are the details,
as far as they can now be obtained, of this extraordinary delusion,
the only one of a similar kind that we know to have occurred in the
northern part of Europe during the " age of witchcraft." In other
countries we can generally trace some particular cause which gave
rise to great persecutions of this kind, but here, as the story is told,
we see none, for it is hardly likely that such a strange series of
accusations should have been the mere invjluntary creation of a
party of little children. Suspicion is excited by the peculiar p-.-.rt
which the two clergymen of Elfdale and Mohra acted in it, that they
were
 Scandinavia 349 Scotland not altogether strangers to the
fabrication. They seem to have been weak superstitious men, and
perhaps they had been reading the witchcraft books of the south till
they imagined the country round them to be over-run with these
noxious beings. The proceedings at Mohra caused so much alarm
throughout Sweden, that prayers were ordered in all the churches
for delivery from the snares of Satan, who was believed to have
been let loose in that kingdom. On a sudden a new edict of the king
put a stop to the whole process, and the matter was brought to a
close rather mysteriously. It is said that the witch prosecution was
increasing so much in intensity, that accusations began to be made
against people of a higher class in society, and then a complaint was
made to the king, and they were stopped. Perhaps the two
clergymen themselves became alarmed, but one thing seems
certain, that the moment the commission was revoked, and the
persecution ceased, no more -witches were heard of. Spiritualism. —
In 1843 an epidemic of preaching occurred in Southern Sweden,
which provides Ennemoser, with material for an interesting passage
in his History of Magic. The manifestation of this was so similar in
character to those described elsewhere, that it is unnecessary to
allude to it in detail. A writer in the London Medium and Daybreak of
1878 says : " It is about a year and a half since I changed my abode
from Stockholm to this place, and during that period it is wonderful
how Spiritualism has gained ground in Sweden. The leading papers,
that used in my time to refuse to publish any article on Spiritualism
excepting such as ridiculed the doctrine, have of late thrown their
columns wide open to the serious discussion of the matter. Many a
Spiritualist in secret, has thus been encouraged to give publicity to
his opinions without standing any longer in awe of that demon,
public ridicule, which intimidates so many of our brethren. Several of
Allan Kajdec's works have been translated into Swedish, among
which I may mention his. Evangile selon le Spiritisme as particularly
well-rendered in Swedish by Walter Jochnick. A spiritual Library was
opened in Stockholm on the 1st of April last, which will no doubt
greatly contribute to the spreading of the blessed doctrine. The visit
of Mr. Eglinton to Stockholm was of the greatest benefit to the
cause. Let us hope that the stay of Mrs. Esperance in the south of
Sweden may have an equally beneficial effect. Notwithstanding all
this progress of the cause in the neighbouring country, Spiritualism
is looked upon here as something akin to madness, but even here
there are thin, very thin rays, and very wide apart, struggling to
pierce the darkness. In Norway, spiritualism as known to modern
Europe, did not seem to have become existent until about 1880. A
writer in a number of the Dawn of Light published in that year says :
" Spiritualism is just commencing to give a sign of its existence here
in Norway. The newspapers have begun to attack it as a delusion
and the ' expose ' of Mrs. •C, which recently took place at 38, Great
Russell Street, London, has made the round through all the papers
in Scandinavia. After all, it must sooner or later take root as in all
other parts of the world. Mr. Eglinton, the English medium, has done
a good work in Stockholm, showing some x>f the great savants a
new world ; and a couple of years ago Mr. Slade visited Copenhagen.
The works of Mr. Zollner, the great astronomer of Leipzig, have been
mentioned in the papers and caused a good deal of sensation. " Of
mediums there are several here, but all, as yet, afraid to speak out.
One writes with both hands ; a gentleman is developing as a
drawing medium. A peasant, who died about five years ago, and
lived not far from here, was an .excellent healing medium ; his name
was Knud, and the -people had given him the nickname of Vise Knud
(the wise Knud).; directly when he touched a patient he knew if the
same could be cured or not, and often, in severe cases, the pains of
the sick person went through his own body. He was also an auditive
medium, startling the people many times by telling them what was
going to happen in the future ; but the poor fellow suffered much
from the ignorance and fanaticism around him, and was several
times put in prison. " I am doing all I can to make people acquainted
with our grand cause." A second and more hopeful letter of 1881,
addressed to the editor of the Revue Spirite, is as follows : — " My
dear Brothers, — Here our science advances without noise. An
excellent writing medium has been developed among us, one who
writes simultaneously with both hands ; while we have music in a
room where there are no musical instruments ; and where there is a
piano it plays itself. At Bergen, where I have recently been, I found
mediums, who in the dark, made sketches — were dessinateurs —
using also both hands. I have seen, also, with pleasure that several
men of letters and of science have begun to investigate our science
spirite. The pastor Eckhoff, of Bergen, has for the second time
preached against Spiritualism, ' this instrument of the devil, this
psychographie ' ; and to give more of eclat to his sermon he has had
the goodness to have it printed ; so we see that the spirits are
working. The suit against the medium, Mme. F., in London, is going
the rounds of the papers of Christiania ; these journals opening their
columns, when occasion offers, to ridicule Spiritualism. We are,
however, friends of the truth, but there are scabby sheep among us
of a different temperament. From Stockholm they write me that a
library of spiritual works has been opened there, and that they are
to have a medium from Newcastle, with whom seances are to be
held." In the London Spiritual Magazine of May, 1885, is a long and
interesting paper on Swedish Spiritualism, by William Howitt, in
which he gives quite a notable collection of narratives concerning
Phenomenal Spiritual Manifestations in Sweden, most of which were
furnished by an eminent and learned Swedish gentleman — Count
Piper. The public have become so thoroughly sated with tales of
hauntings, apparitions, prevision, etc., that Count Piper's narrations
would present few, if any features of interest, save in justification of
one assertion, that Spiritualism is rife in human experience
everywhere, even though it may not take the same form as a public
movement, that it has done in America and England. As early as
1864, a number of excellent leading articles commending the belief
in Spiritual ministry, and the study of such phenomena as would
promote communion between the " two worlds," appeared in the
columns of the Afton Blad, one of the most popular journals
circulated in Sweden. Sehroepfer : (See Germany.) Scotland : (For
early matter see the article Celts.) Witchcraft. — Witchcraft and
sorcery appear to have been practised in the earliest historical and
traditional times. It is related that during the reign of Natholocus in
the second century there dwelt in Iona a witch of great renown, and
so celebrated for her marvellous power that the king sent one of his
captains to consult her regarding the issue of a rebellion then
troubling his kingdom. The witch declared that within a short period
the king would be murdered, not by his open enemies but by one of
his most favoured friends, in whom he had most especial trust. The
messenger enquired the assassin's name. " Even by thine own hands
as shall be well-known within these few dayes," replied the witch. So
troubled was the captain on hearing these words that he railed
bitterly against her.
 Scotland 350 Scotland vowing that he would see her burnt
before he would commit such a villainous crime. But after reviewing
the matter carefully in his mind, he arrived at the conclusion that if
he informed the king of the witch's prophecy, the king might for the
sake of his personal safety have him put to death, so thereupon he
decoyed Natholocus into his private chamber and falling upon him
with a dagger slew him outright. About the year 388 the devil was
so enraged at the piety of St. Patrick that he assailed the saint by
the whole band of witches in Scotland. St. Patrick fled to the Clyde
embarking in a small boat for Ireland. As witches cannot pursue
their victims over running water, they flung a huge rock after the
escaping saint, which however fell harmless to the ground, and
which tradition says now forms Dumbarton Rock. The persecution of
witches constitutes one of the blackest chapters of history. All
classes, Catholic and Protestant alike, pursued the crusade with
equal vigour, undoubtedly inspired by the passage in Exodus xxii.,
18. While it is most probable that the majority of those who
practised witchcraft and sorcery were of weak mind and enfeebled
intellect, yet a large number adopted the supposed art for the
purpose of intimidation and extortion from their neighbours. Witches
were held to have sold themselves body and soul to the devil. The
ceremony is said to consist of kneeling before the evil one, placing
one hand on her head and the other under her feet, and dedicating
all between to the service of the devil, and also renouncing baptism.
The witch was thereafter deemed to be incapable of reformation. No
minister of any denomination whatever would intercede or pray for
her. On sealing the compact the devil proceeded to put his mark
upon her. Writing on the " Witches' Mark" Mr. Bell, minister of
Gladsmuir in 1705 says: " The witches' mark is sometimes like a
blew spot, or a little tale, or reid spots, like fleabiting, sometimes the
flesh is sunk in and hollow and this is put in secret places, as
amongthehairof the head.or eyebrows, within the lips, under the
armpits, and even in the most secret parts of the body." Mr. Robert
Kirk of Aberfoill in his Secret Commonwealth states : "A spot that I
have seen, as a small mole, horny, and brown coloured, throw which
mark when a large brass pin was thrust (both in buttock, nose, and
rooff of the mouth) till it bowed (bent) and became crooked, the
witches, both men and women, nather felt a pain nor did bleed, nor
knew the precise time when this was doing to them (their eyes only
being covered)." In many cases the mark was invisible, and as it was
considered that no pain accompanied the pricking of it, there arose a
body of persons who pretending great skill therein constituted
themselves as " witch prickers " and whose office was to discover
and find out witches. The method employed was barbarous in the
extreme. Having stripped and bound his victim the witch pricker
proceeded to thrust his needles into every part of the body. When at
last the victim worn out with exhaustion and agony remained silent,
the witch pricker declared that he had discovered the mark. Another
test for detection was trial by water. The suspects were tied hands
and great toes together, wrapped in a sheet and flung into a deep
pool. In cases where the body floated, the water of baptism was
supposed to give up the accused, while those who sank to the
bottom were absolved, but no attempt was made at rescue. When
confession was demanded the most horrible of tortures were
resorted to, burning with irons being generally the last torture
applied. In some cases a diabolic contrivance called the " witches'
bridle " was used. The " bridle " encircled the victim's head while an
iron bit was thrust into the mouth from which prongs protruded
piercing the tongue, palate and cheeks. In cases of execution, the
victim was usually strangled and thereafter burned at the stake.
Witches were accused of a great variety of crimes. A common
offence was to bewitch milch cattle by turnin
 Scotland 351 Scotland called upon to ascend the throne of
Great Britain and Ireland, his own native kingdom was in rather a
curious condition. James himself was a man of considerable learning,
intimate with Latin and Theology, yet his book on Demonology
marks him as distinctly superstitious ; and, while education and even
scholarship were comparatively common at this date in Scotland,
more common in fact than they were in contemporary England, the
great mass of Scottish people shared abundantly their sovereign's
dread of witches and the like. The efforts of Knox and his doughty
confreres, it is true, had brought about momentous changes in
Scottish life, but if the Reformation ejected certain superstitions it
undoubtedly tended to introduce others. For that stern Calvinistfc
faith, which now began to take root in Scotland, nourished the idea
that sickness and accident are a mark of divine anger, nor did this
theory cease to be common in the north till long after King James's
day. It is a pity that the royal author, in the curious treatise
mentioned above, volunteers but few precise facts anent the
practitioners of magic who throve in Scotland during his reign. But
other sources of information indicate that these people were very
numerous, and whereas, in Elizabethan England, it was customary to
put a witch to death by the merciful process of hanging, in Jacobean
Scotland it was usual to take stronger measures. In short, the victim
was burnt at the stake ; and it is interesting to note that on North
Berwick Law, in the county of East Lothian, there is standing to this
day a tall stone which, according to local tradition, was erstwhile
used for the ghastly business in question. Yet it would be wrong to
suppose that witches and sorcerers, though handled roughly now
and then, were regarded with universal hatred ; for in seventeenth
century Scotland medicine and magic went hand in hand, and the
man suffering from a physical malady, particularly one whose cause
he could not understand, very seldom entrusted himself to a
professional leech, and much preferred to consult one who claimed
healing capacities derived from intercourse with the unseen world.
Physicians of the latter kind, however, were generally experts in the
art of poisoning ; and, while a good many cures are credited to
them, their triumphs in the opposite direction would seem to have
been much more numerous. Thus we find that in July, 1702, a
certain James Reid of Musselburgh was brought to trial, being
charged not merely with achieving miraculous cures, but with
contriving the murder of one David Libbertoun, a baker in
Edinburgh. This David and his family, it transspires, were sworn
enemies of a neighbouring household, Christie by name, and
betimes their feud grew as fierce as that between the Montagues
and Capulets ; so the Christies swore they would bring things to a
conclusion, and going to Reid they petitioned his nefarious aid. His
first act was to bewitch nine stones, these to be cast on the fields of
the offending baker with a view to destroying his crops ; while Reid
then proceeded to enchant a piece of raw flesh, and also to make a
statuette of wax — the nature of the design is not recorded, but
presumably Libbertoun himself was represented — and Mrs. Christie
was enjoined to thrust the meat under her enemy's door, and then
to go home and melt the waxwork before her own fire. These
instructions she duly obeyed, and a little later the victim breathed
his last ; but Reid did not go unscathed, and after his trial the usual
fate of burning alive was meted out to him. A like sentence was
passed in July 1605 on Patrick Lowrie, a native of Halic in Ayrshire,
and known there as " Pat the Witch," who was found guilty of
foregathering with endless sorceresses of the neighbourhood, and of
assisting them in disinterring bodies which they afterwards
dismembered. Doubtless " Alloway's auld haunted Kirk," sacred to
the memory of Burns, was among those ransacked for corpses by
the band ; yet if the crime was a gruesome one it was harmless
withal, and assuredly Lowrie's ultimate fate was distinctly a hard one
! On the other hand Isobel Griersone, a Prestonpans woman,
received no more than justice when burnt to death on the Castle
Rock, Edinburgh, in March 1607 ; for the record of her poisonings
was a formidable one, rivalling that of Wainewright or that of Cellini
himself, while it is even recorded that she contrived to put an end to
several people simply by cursing them. Equally wonderful were the
exploits of another sorceress, Belgis Todd of Longniddry, who is
reported to have compassed the death of a man she hated just by
enchanting his cat ; but this picturesque modus operandi was
scorned by a notorious Perthshire witch Janet Irwing, who about the
year 1610 poisoned sundry members of the family of. Erskine of
Dun, in the county of Angus. The criminal was detected anon, and
suffered the usual fate ; while a few years later a long series of
tortures, culminating in burning, were inflicted on Margaret Dein
(nee Barclay), whose accomplishments appear to have been of no
commonplace nature. The wife of a burgess of Irvine, John Dein,
this woman conceived a violent aversion for her brother-in-law,
Archibald ; and on one occasion, when the latter was setting out for
France, Margaret hurled imprecations at his ship, vowing none of its
crew or passengers would ever return to their native Scotland.
Months went by, and no word of Archibald's arrival reached Irvine ;
while one day a pedlar named Stewart came to John Dein's house,
and declared that the baneful prophecy had been duly fulfilled. The
municipal authorities now heard of the affair, and arresting Stewart,
whom they had long suspected of practising magic, they
commenced to cross-examine him. At first he would tell nothing, but
when torture had loosened his tongue he confessed how, along with
Margaret Dein, he had made a clay model of the ill-starred barque,
and thrown this into the sea on a particu'arly stormy night. His
audience were horrified at the news, but they hastened to lay hands
on the sorceress, whereupon they dealt with her as noted above. No
doubt this tale, and many others like it, have blossomed very
considerably in the course of being handed down from generation to
generation, and no doubt the witches of Jacobean Scotland are
credited with triumphs far greater than they really achieved. At the
same time, scanning the annals of sorcery, we find that a number of
its practitioners avowed stoutly, when confronted by a terrible death,
that they had been initiated in their craft by the foul fiend himself, or
haply by a band of fairies ; and thus, whatever capacities these
bygone magicians really had, it is manifest that they possessed in
abundance that confidence which is among the secrets of power,
and is perhaps the very key to success in any line of action. Small
wonder, then, that they were dreaded by the simple, illiterate folk of
their day ; and, musing on these facts, we feel less amazed at the
credulity displayed by an erudite man like James VI., we are less
surprised at his declaring that all sorcerers ' ' ought to be put to
death according to the law of God, the civill and imperiale Law, and
municipall Law of all Christian nations." The last execution of a witch
in Scotland took place in Sutherland in 1722. An old woman residing
at Loth was charged amongst other crimes of having transformed
her daughter into a pony and shod by the devil which caused the girl
to turn lame both in hands and feet, a calamity which entailed upon
her son. Sentence of death was pronounced by Captain David Ross,
the Sheriff-substitute. Rodgers relates : " The poor creature when
lead to the stake was unconscious of the stir made on her account,
and
 Scotland Scotland warming her wrinkled hands at the fire
kindled to consume her, said she was thankful for so good a blaze.
For his rashness in pronouncing the sentence of death, the Sheriff
was emphatically reproved." The reign of ignorance and superstition
was fast drawing to a close. Witchcraft, if it can be so called
nowadays, is dealt with under the laws pertaining to rogues,
vagabonds, fortunetellers, gamesters, and such like characters. {See
Fortunetelling.) Magic and Demonology. — Magic of the lower cultus,
perhaps the detritus of Druidism, appears to have been common in
Scotland until a late period. We find in the pages of Adamnan that
the Druids were regarded by St. Columba and his priest as
magicians, and that he met their sorcery with a superior celestial
magic of his own. Thus does the religion of one race become magic
in the eyes of another. Notices of sorcery in Scotland before the
thirteenth century are scanty, if we except the tradition that Macbeth
encountered three witches who prophesied his fate to him. We have
no reason to believe that Thomas the Rhymer (who has been
endowed by later superstition with adventures similar to those of
Tannhauser) was other than a minstrel and maker of epigrams, or
that Sir Michael Scot was other than a scholar and man of letters.
Workers of sorcery were numerous but obscure, and although often
of noble birth as Lady Glamis and Lady Fowlis, were probably very
ignorant persons. - We get a glimpse of Scottish demonology in the
later middle ages in the rhymed fragment known as " The Cursing of
Sir John Rowll," a priest of Corstorphine, near Edinburgh, which
dates perhaps from the last quarter of the fifteenth century. It is an
invective against certain persons who have rifled his poultry-yard,
upon whom the priest calls down the divine vengeance. The demons
who were to torment the evildoers are : Garog, Harog, Sym Skynar,
Devetinus " the devill that maid the dyce," Firemouth, Cokadame,
Tutivillus, Browny, and Syr Garnega, who may be the same as that
Girnigo, to whom cross children are often likened by angry mothers
of the Scottish working-classes, in such a phrase as " eh, ye're a wee
girnigo," and the Scottish verb, to " girn," may find its origin in the
name of a mediaeval fiend, the last shadow of some Teutonic or
Celtic deity of unlovable attributes. In Sym Skynar, we may have
Skyrnir, a Norse giant in whose glove Thor found shelter from an
earthquake, and who sadly fooled him and his companions. Skyrnir
was, of course, one of the Jotunn or Norse Titans, and probably one
of the powers of winter ; and he may have received the popular
surname of " Sym" in the same manner as we speak of " Jack "
Frost. A great deal has still to be-done in unearthing the minor
figures of Scottish mythology and demonology, and even the greater
ones have not received the attention due to them. In Newhaven, a
fishing district near Edinburgh, for example, we find the belief
current in a fiend called Brounger, who is described as an old man
who levies a toll of fish and oysters upon the local fisherman. If he is
not-placated with these, he wreaks vengeance on the persons who
fail to supply him. He is also described as " a Flint and the son of a
Flint," which proves conclusively that, like Thor and many other gods
of Asia and America, he was a thunder or weather deity. In fact his
name is probably a mere corruption of an ancient Scandinavian word
meaning "to strike," which still survives in the Scottish expression to
" make a breenge " at one. To return to instances of practical magic,
a terrifying and picturesque legend tells how Sir Lewis Bellenden, a
lord of session, and superior of the Barony of Broughton, near
Edinburgh, succeeded by the aid of a sorcerer in raising the Devil in
the backyard of his own house in the Canongate, somewhere about
the end of the sixteenth century. Sir Lewis was a notorious trafficker
with witches, with whom his barony of Broughton was overrun.
Being desirous of beholding his Satanic majesty in person, he
secured the services of one Richard Graham. The results of the
evocation were disastrous to the inquisitive judge, whose nerves
were so shattered at the apparition of the Lord of Hades that he fell
ill and shortly afterwards expired. The case of Major Weir is one of
the most interesting in the.annals of Scottish sorcery. " It is certain,"
says Scott, " that no story of witchcraft or necromancy, so many of
which occurred near and in Edinburgh, made such a lasting
impression on the public mind as that of Major Weir. The remains of
the house in which he and his sister lived are still shown at the head
of the West Bow, which has a gloomy aspect, well suited for a
necromancer. It was at different times a brazier's shop and a
magazine for lint, and in my younger days was employed for the
latter use ; but no family would inhabit the haunted walls as a
residence ; and bold was the urchin from the High School who dared
approach the gloomy ruin at the risk of seeing the Major's enchanted
staff parading through the old apartments, or hearing the hum of
the necromantic wheel, which procured for his sister such a
character as a spinner. , " The case of this notorious wizard was
remarkable chiefly from his being a man of some condition (the son
of a gentleman, and his mother a lady of family in Clydesdale),
which was seldom the case with those that fell under similar
accusations. It was also remarkable in his case that he had been a
Covenanter, and peculiarly attached to that cause. In the years of
the Commonwealth this man was trusted and employed by those
who were then at the head of affairs, and was in 1649 commander
of the City-Guard of Edinburgh, which procured him his title of Major.
In this capacity he was understood, as was indeed implied in the
duties of that officer at the period, to be very strict in executing
severity upon -such Royalists as fell under his military charge. It
appears that the Major, with a maiden sister who had kept his
house, was subject to fits of melancholic lunacy, an infirmity easily
reconcilable with the formal pretences which he made to a high
show of religious zeal. He was peculiar in his gift of prayer, and, as
was the custom of the period, was often called to exercise his talent
by the bedside of sick persons, until it came to be observed that, by
some association, which it is more easy to conceive than to explain,
he could not pray with the same warmth and fluency of expression
unless when he had in his hand a stick of peculiar shape and
appearance, which he generally walked with. It was noticed, in
short, that when this stick was taken from him,' his wit and talent
appeared to forsake him. This Major Weir was seized by the
magistrates on a strange whisper that became current respecting
vile practices, which he seems to have admitted without either
shame or contrition. The disgusting profligacies which he confessed
were of such a character that it may be charitably hoped most of
them were the fruits of a depraved imagination, though he appears-
to have been in many respects a wicked and criminal hypocrite.
When he had completed his confession, he avowed solemnly that he
had not confessed the hundredth part of the crimes which he had
committed. From this time he would answer no interrogatory, nor
would he have recourse to prayer, arguing that, as he had no hope
whatever of escaping Satan, there was no need of incensing him by
vain efforts at repentance. His witchcraft seems to have been taken
for granted on his own confession, as his indictment was chiefly
founded on the same document, in which he alleged he had never
seen the devil, but any feeling he had of him was in the dark. He
received sentence of death, which he suffered 12th April,
 Scotland 353 Scotland 1670, at the Gallow-hill, between
Leith and"JEdinburgh. He died so stupidly sullen and impenitent as
to justify the opinion that he was oppressed with a kind of
melancholy frenzy, the consequence perhaps of remorse, but such
as urged him not to repent, but to despair. It seems probable that he
was burnt alive. His sister, with whom he was supposed to have had
an incestuous connection, was condemned also to death, leaving a
stronger and more explicit testimony of their mutual sins than could
be extracted from the Maj or. She gave, as usual, some account ■of
her connection with the queen of the fairies, and acknowledged the
assistance she received from that sovereign in spinning an unusual
quantity of yarn. Of her brother she said that one day a friend called
upon them at noonday ■with a fiery chariot, and invited them to visit
a friend at Dalkeith, and that while there her brother received
information of the event of the battle of Worcester. No one saw the
style of their equipage except themselves. On the scaffold this
woman, determining, as she said, to die " with the greatest shame
possible " was with difficulty prevented from throwing off her
clothing before the people, and with scarce less trouble was she
flung from the ladder by the executioner. Her last words were in the
tone of the sect to which her brother had so long affected to belong
: " Many," she said, " weep and lament for a poor old wretch like me
; but alas, few are weeping for a broken covenant." Alchemy. —
James IV. was attached to the science of alchemy. " Dunbar speaks
of the patronage which the king bestowed upon certain adventurers,
who had studied the mysteries of alchemy, and were ingenious in
making ' quintiscence ' which should convert other metals into pure
gold ; and in the Treasurer's Accounts there are numerous payments
for the ' quinta essentia,' including wages to the persons employed,
utensils of various kinds, coals and wood for the furnaces, and for a
variety of other materials, such as quicksilver, aqua vita?, litharge,
auri, fine tin, burnt silver, alum, salt and eggs, saltpetre, etc.
Considerable sums were also paid to several ' Potingairs ' for stuff of
various kinds to the Quinta Essentia. Thus, on the 3rd of March,
1501, ' the king sent to Strivelin (Stirling) four Harry nobles in gold,'
— a sum equal, as it is stated, to nine pounds Scots money — ' for
the leech to multiply.' On the 27th of May, 1502, the Treasurer paid
to Robert Bartoun, one of the king's mariners, ' for certain droggis
(drugs) brocht home by him to the French leich, ^31 : 4 : o.' On the
nth of February, 1503-4, we find twenty shillings given ' to the man
suld mak aurum potabile, be the king's commands.' And on the 13th
of October, 1507, the Treasurer paid six pounds for a puncheon of
wine to the Abbot of Tungland, to ' mak Quinta Essentia." The
credulity and indiscriminate generosity of the Scottish monarch
appear to have collected around him a multitude of quacks of all
sorts, for, besides the Abbot, mention is made of ' the leech with the
curland hair ' ; of ' the lang Dutch doctor,' of one Fullertone, who
was believed to possess the secret of making precious stones ; of a
Dr. Ogilvy who laboured hard at the transmutation of metals, and
many other empirics, whom James not only supported in their
experiments, but himself assisted in their laboratory. The most noted
of these adventurers was the person who is variously styled in the
Treasurer's Accounts ' the French Leich,' ' Maister John the French
Leich,' ' Maister John the French Medicinar,' and ' French Maister
John.' The real name of this empiric was John Damian ; and we
learn from Dunbar that he was a native of Lombardy, and had
practised surgery and other arts in France before his arrival in
Scotland. His first appearance at the court of James was in the
capacity of a French leech, and as he is mentioned among the
persons who received ' leveray ' in 1501-2, there can be no doubt
that he held an appointment as a physician in the royal household.
He soon succeeded in ingratiating himself with the king, and it is
probable that it was from him that James imbibed a strong passion
for alchemy, as he about this time erected at Stirling a furnace for
prosecuting such experiments, and continued during the rest of his
reign to expend considerable sums of money in attempts to discover
the philosopher's stone. ' Maister John,' says Bishop Lesley, J caused
the king believe, that he by multiplying and utheris his inventions
sold make fine gold of uther metal, quhilk science he callit the
Quintassence, whereupon the king made great cost, but all in vain.'
There are numerous entries in the Treasurer's Accounts of sums paid
for saltpetre, bellows, two great stillatours, brass mortars, coals, and
numerous vessels of various shapes, sizes, and denominations, for
the use of this foreign adept in his mystical studies. ' These,
however, were not his sole occupations ; for after the mysterious
labours of the day were concluded, Master John was wont to play at
cards with the sovereign — a mode by which he probably transferred
the contents of the royal exchequer into his own purse, as
efficaciously as by his distillations.' We find that on the 4th of March,
1501, nine pounds five shillings were paid ' to the king and the
French leich to play at cartis.' A few months later, on the occasion of
a temporary visit which the empiric found it necessary to pay to
France, James made him a present of his own horse and two
hundred pounds. Early in the year 1504, the Abbot of Tungland, in
Galloway, died, and the king, with a reckless disregard of the
dictates of duty, and even of common decency, appointed this
unprincipled adventurer to the vacant office. On the nth March, the
Treasurer paid ' to Gareoch Parsuivant fourteen shillings to pass to
Tungland for the Abbacy to French Maister John.' On the 12th of the
same month, ' by the king's command,' he paid ' to Bardus Altovite
Lumbard twenty-five pounds for Maister John, the French Mediciner,
new maid Abbot of Tungland, whilk he aucht (owed) to the said
Bardus ; ' and a few days later on the 17th, there was given ' to
Maister John the new maid Abbot of Tungland, seven pounds.' Three
years after, in 1507, July 27, occurs the following entry : ' Item, lent,
by the king's command to the Abbot of Tungland, and can nocht be
gettin fra him £33 : 6 : 8.' An adventure which befel this dexterous
impostor afforded great amusement to the Scottish court. On the
occasion of an embassy setting out from Stirling to the court of
France, he had the assurance to declare that by means of a pair of
artificial wings which he had constructed, he would undertake to fly
to Paris and arrive long before the ambassadors. ' This time,' says
Bishop Lesley, ' there was an Italiane with the king, who was made
Abbot of Tungland. This abbot tuke in hand to flie with wings, and to
be in France before the said ambassadors ; and to that effect he
caused make ane pair of wings of feathers, quhilk bein festinitt
uponn him he flew off the castle-wall of Stirling ; but shortly he fell
to the ground and broke his thie-bane ; but the wyte (blame)
thereof he ascribed to their beand some hen feathers in the wings,
quhilk yarnit, and coveted the myddin and not the skies.' This
incident gave rise to Dunbar's satirical ballad entitled, ' Of the
Fenyeit Friar of Tungland,' in which the poet exposes in the most
sarcastic strain the pretensions of the luckless adventurer, and
relates with great humour the result of his attempt to soar into the
skies, when he was dragged to the earth by the low-minded
propensities of the ' hen feathers,' which he had inadvertently
admitted into the construction of his wings. The unsuccessful
attempt of the abbot, though, according to Lesley, it subjected him
to the ridicule of the whole kingdom, does not appear to have lost
him the king's favour, for the Treasurer's books, from October, 1507,
to
 Scotland 354 Scotland: August, 1508, repeatedly mention
him as having played at dice and cards with his majesty ; and on the
8th of September, 1508, ' Damiane, Abbot of Tungland,' obtained the
royal permission to pursue his studies abroad during the space of
five years. He must have returned to Scotland, however, before the
death of James ; and the last notice given to this impostor is quite in
character. On the 27th of March, 1513, the sum of twenty pounds
was paid to him for his journey to the mine in Crawford Moor, where
the king had at that time artisans at work searching for gold." From
this reign to that of Mary no magician or alchemical practitioner of
note appears to have existed in Scotland, and in the reign of James
VI. too great severity was exhibited against such to permit of them
avowing themselves publicly. In James's reign, however, lived the
celebrated Alexander Seton (q.v.), of Port Seton near Edinburgh,
known abroad as ' The Cosmopolite ' who is said to have succeeded
in achieving the transmutation of metals. L S. Highlands. — Pagan
Scotland appears to have been entirely devoid of benevolent deities.
Those representatives of the spirit world who were on friendly terms
with mankind were either held captive by magic spells, or had some
sinister object in view which caused them to act with the most
plausible duplicity. The chief demon or deity — one hesitates which
to call her — was a one-eyed Hag who had tusks like a wild bear.
She is referred to in folk tales as " the old wife " (Cailleach), " Grey
Eyebrows " " the Yellow Muitearteach," etc., and reputed to be a
great worker of spells. Apparently she figured in a lost creation
myth, for fragmentary accounts survive of how she fashioned the
hills, brought lochs into existence and caused whirlpools by vengeful
operations in the sea. She is a lover of darkness, desolations and
winter. With her hammer she alternately splinters mountains,
prevents the growth of grass or raises storms. Numerous wild
animals follow her, including deer, goats, wild boars. When one of
her sons is thwarted in his love affairs by her, he transforms her into
a mountain boulder " looking over the sea," a form she retains
during the summer. She is liberated again on the approach of winter.
During the Spring months the Hag drowns fishermen and preys on
the food supply : she also steals children and roasts them in her
cave. Her progeny includes a brood of monstrous giants each with
several heads and arms. These are continually operating against
mankind, throwing down houses, abducting women and destroying
growing crops. Heroes who fight against them require the assistance
of the witch who is called " Wise Woman," from whom they obtain
magic wands. The witch of Scottish folk tales is the " friend of man,"
and her profession was evidently regarded in ancient times as a
highly honourable one. Wizards also enjoyed high repute ; they were
the witch-doctors, priests and magicians of the Scottish Pagans, and
it was not until the sixteenth century that legal steps were taken, to
suppress them in the Highland districts. There was no sun-worship
or moon-worship in Scotland ; neither sun nor moon were
individualised in the Gaelic language ; these bodies, however were
reputed to exercise a magical influence. The moon especially was a "
Magic Tank " from which supplies of power were drawn by those
capable of performing requsite ceremonies. But although there were
no lunar or solar spirits, there were numerous earth and water
spirits. The " water wife," like the English " mere wife," was a greatly
dreaded being who greedily devoured victims. She must not be
confused with the Banshee, that Fate whose chief business it was to
foretell disasters, either by washing blood-stained garments or
knocking, knocking on a certain boulder beside a river, or in the
locality where some great tragedy was impending. The water wife
usually confronted a late traveller at a ford. She claimed him as her
own and if he disputed her claim, asked what weapons he had to
use against her. The unwary one named each in turn, and when he
did so the power to harm her passed away. One story of this
character runs : " The wife rose up against the smith who rode his
horse, and she said, " I have you : what have you against me ? " "
My sword," the. man answered. " I have that," she said, " what else
? " " My shield," the man said. " I have that and you are mine." "
But," protested the man, " I have something else." "What is that ? "
the water wifedemanded. To this question the cautious smith
answered, " I have the long, grey, sharp thing at my thigh." This was
his dirk, and not having named it, he was able to make use of it. As
he spoke he flung his plaid round the water wife and lifted her up on
his horse behind him. Enclosed in the magic circle she was
powerless to harm Kim, and he -rode home with her, deaf to her
entreaties and promises. He took her to his smithy and tied her to
the anvil. That night her brood came to release her. They raised a
tempest and tore the roof off the smithy, but the smith defied them.
When day dawned they had to retreat. Then he bargained with the
water wife, and she consented if he would release her that neither
he nor any of his descendants . should ever be drowned in any three
rivers he might name. He named three and received her promise,
but as she made her escape she reminded him of a fourth river. " It
is mine still," she added. In that particular river the smith himself
ultimately perished." To this day fishermen will not name either the
fish they desire to procure or those that prey on their catches.
Haddocks are " white bellies," salmon " red ones," and the dog-fish "
the big black fellow." It is also regarded unlucky to name a minister,
or refer to Sunday, in a fishing boat — a fact which suggests that in
early Christian times fishermen might be pious churchmen on land
but continued to practise paganism when they went to sea, like the
Icelandic Norsemen who believed that Christ ruled their island, and
Thor the ocean. Fairies must not be named on Fridays or at
Hallowe'en, and Beltain (May Day) when charm fires were lit. Earth
worship, or rather the propitiation of earth spirits, was a prominent
feature of Scottish paganism. There again magic played a leading
role. Compacts were confirmed by swearing over a piece of turf,
certain moors or mounds were set apart for ceremonial practices,
and these were visited for the performance of child-procuring and
other ceremonies which were performed at a standing stone. In
cases of sickness a divination cake was baked and left at a sacred
place ; if it disappeared during the night, the patient was supposed
to recover ; if it remained untouched until the following morning it
was believed that the patient would die. This practice is not'yet
obsolete. Offerings were constantly made to the earth spirits. In a
witch trial recorded in Humbie Kirk Session Register (23rd
September, 1649) one Agnes Gourlay is accused of having made
offerings of milk, saying, " God betuch ws to ; they are wnder the
yird that have as much need of it as they that are above the yird " ;
i.e., " God preserve us too ; they are under the earth that have as
much need of it as they that are above the earth." The milk poured
out upon the earth at magical ceremonies was supposed to go to the
fairies. Gruagach stones have not yet entirely vanished in the
Highlands. These are flat stones with deep " cup "' marks. After a
cow is milked, the milker pours into a hole the portion of milk
required by the Gruagach, a long-haired spirit who is usually "
dressed like a gentleman." If no offering is given to him, the cream
will not rise on the milk, and, if it does the churning will be a failure.
There are interesting records in the Presbytery records of Dingwall,
Ross-shire, regarding the prevalence of
 Scotland 355 Scott milk pouring and other ceremonies
during the seventeenth century. Among the " abominations "
referred to are those for which Gairloch parish continued to be
notorious — " frequent approaches to some ruinous chappels and
circulateing them ; and that future events in reference especiallie to
lyfe and death, in takeing of Journeyes, was exspect to be
manifested by a holl (hole) of a round stone quherein (wherein) they
tryed the entering of their heade, which (if they) could doe, to witt,
be able to put in their heade, they exspect thair returning to that
place, and failing they considered it ominous." Objection was also
taken by the horrified Presbytery to " their adoring of wells and
superstitious monuments and stones," and to the " sacrifice of bulls
at a certaine tyme uppon the 25 of August " and to ■' pouring milk
upon hills as oblationes." The seer was usually wrapped in the skin
of a sacrificed bull and left lying all night beside a river. He was
visited by supernatural beings in the darkness and obtained answers
regarding future events. Another way to perform this divination
ceremony was to roast a live cat. The cat was turned on a spit until
the " Big Cat " (the devil) appeared and either granted the wish of
the performer of the ceremony, or foretold what was to take place in
answer to a query. At the present day there are many surviving
beliefs regarding witchcraft, fairies, the evil eye, second sight and
magical charms to cure or injure. Individuals, domesticated animals
and dwellings are charmed against witchcraft by iron and certain
herbs or berries. The evil eye influence is dispelled by drinking "
water of silver " from a wooden bowl or ladle. The water is taken
from a river or well of high repute ; silver is placed in it ; then a
charm is repeated, and when it has been passed over a fire, the
victim is given to drink and what remains is sprinkled round the
hearth-stone with ceremony which varies in districts. Curative
charms are handed down in families from a male to a female and a
female to a male. Blood-stopping charms are still regarded with
great sanctity and the most persistent collectors have been unable
to obtain them from those who are reported to be able to use these
with effect. Accounts are still given of " blood-stopping " from a
Welcome to our website – the ideal destination for book lovers and
knowledge seekers. With a mission to inspire endlessly, we offer a
vast collection of books, ranging from classic literary works to
specialized publications, self-development books, and children's
literature. Each book is a new journey of discovery, expanding
knowledge and enriching the soul of the reade

Our website is not just a platform for buying books, but a bridge
connecting readers to the timeless values of culture and wisdom. With
an elegant, user-friendly interface and an intelligent search system,
we are committed to providing a quick and convenient shopping
experience. Additionally, our special promotions and home delivery
services ensure that you save time and fully enjoy the joy of reading.

Let us accompany you on the journey of exploring knowledge and

personal growth!

ebookname.com