Illegitimate Law: What Were our Ancestors Afraid of?

An 1800 cartoon with various players at court to determine if England's bastardy laws have been violated

The rules our ancestors lived by mystify us, at times. They horrify us, on occasion. In a hysteria, citizens executed neighbors accused of witchcraft. One human could own another. A woman’s children could be placed under a guardian’s control upon her husband’s death. And children born to unwed parents were shamed and impeded in life. We ask of our ancestors, “How could they?” and “Why would they?” In most cases, you find the beginnings of the answer by asking a more fundamental question: “What were they afraid of?”

Read more

The Supreme Court Shopping Binge: Unlayering a Court Document

Two wealthy teenagers run up a tab at the local millener's shop as they buy new dresses.

Not long ago, a historian friend surprised me with an email referring to “the high-rollin’ kids” of my ancestor, Jacob Mayberry. He included a link to a summary report of the Alabama Supreme Court case of Sanford v. Howard.[1] In the eleven-page summary, I learned that Jacob’s kids had created a Supreme Court–caliber stir by shopping. They had racked up a huge tab at a local store, buying luxuries in 1852, the year after their father died. Their uncle, executor of Jacob’s estate, had refused to pay the tab.

Read more