1. This programme contains
very strong language
Copy !req
2. Good evening, good evening,
good evening, good evening,
Copy !req
3. good evening, good evening,
good evening, good evening,
Copy !req
4. and welcome to QI for an episode
which is all about Justice.
Copy !req
5. Members of the jury,
the just Brian Cox.
Copy !req
6. The judicious Rhys Darby.
Copy !req
7. The judgmental Jason Manford.
Copy !req
8. And a jailbird, Alan Davies.
Copy !req
9. Well, in case I nod off
during these proceedings,
Copy !req
10. you all know how to catch
my attention, it's with a buzzer.
Copy !req
11. And Jason goes...
Copy !req
12. Brian goes...
Copy !req
13. 'All rise.'
Copy !req
14. Rhys goes...
Copy !req
15. 'Order! Order!'
Copy !req
16. And Alan goes...
Copy !req
17. Excellent. So let's start laying
down the law.
Copy !req
18. Describe the rules...
Copy !req
19. Oh, he's free! Escapology.
Copy !req
20. I'll tell you what,
being a copper back then,
Copy !req
21. when everyone dressed like that,
was well easy...
It was, wasn't it, really.
Copy !req
22. I think it might be him,
I might be that guy.
Copy !req
23. I'm going to take this off, cos
the bridge of my nose is rubbing.
Oh, you don't want that.
Copy !req
24. Oh, my God, it's Alan Davies!
Copy !req
25. Hello, everyone.
Copy !req
26. Noel Coward was at a rehearsal
when one of the actors was picking
his nose, he thought, secretly,
Copy !req
27. and Noel shouted,
"Wave when you get to the bridge!"
Copy !req
28. Anyway, describe the rules
on a pirate ship.
Copy !req
29. Rules?
Copy !req
30. Yeah. But what sort of rules
would they have?
Copy !req
31. Obviously, they've got a captain.
Yes. So he's in charge.
Copy !req
32. So I imagine he gets most of
the gold and whatever they find.
Copy !req
33. Well, oddly enough, no. They had two
senior officers - the captain
and the quartermaster.
Copy !req
34. And the captain could be vetoed
by the quartermaster
Copy !req
35. on all matters except battle, except
rules of engagement, when fighting.
Oh, OK.
Copy !req
36. And they had strong laws.
Copy !req
37. And the quartermaster was, he was
about how much they divvied out,
Copy !req
38. including he decided
how much the captain got.
Copy !req
39. The captain had no special quarters,
Copy !req
40. he didn't have a, you know,
wonderful room,
Copy !req
41. such as you imagine in movies.
Copy !req
42. So it's not exactly hierarchical,
it's kind of a rule of two,
the quartermaster and the captain.
Copy !req
43. Otherwise, it was more or less a
democracy, in a strange sort of way.
Copy !req
44. But with strict rules.
Copy !req
45. For example, in Captain Bartholomew
Roberts' ship, the Fortune,
Copy !req
46. there was no gambling,
it was like a boarding school -
Copy !req
47. no smuggling girls into the dorm,
no playing music on a Sunday.
Copy !req
48. And lights out at eight o'clock
sharp in the evening.
Copy !req
49. It's rubbish being a pirate. I know.
Copy !req
50. It's not quite what you imagine
is it. Sack the captain,
that's rubbish.
Copy !req
51. But also... Where are you going
to smuggle these girls from anyway?
Copy !req
52. That's true. Mermaids.
Copy !req
53. If you rescue one from the sea...
No, no, no, no.
Copy !req
54. When it came to women aboard, the
articles of Captain George Lowther,
Copy !req
55. who was a famous pirate
of his day said,
Copy !req
56. "If at any time you meet
with a prudent woman,
Copy !req
57. "that man that offers
to meddle with her,
Copy !req
58. "without her consent,
shall suffer present death."
Copy !req
59. So meddling with a prudent woman
without her consent got you death.
Copy !req
60. So they really were very
strict with each other.
Copy !req
61. So meddling was rape, really?
Essentially, we're talking
about rape.
Copy !req
62. That lost its meaning by the time
Scooby Doo came on. Exactly.
Copy !req
63. Why, if you pesky kids
hadn't meddled!
Copy !req
64. Notorious gang rapists.
Copy !req
65. That's just terrible.
I'm ashamed of you.
Copy !req
66. Why is the pirate's voice
similar to the farmer's voice?
Copy !req
67. Why, is there something,
"Aarr, get off my land!"
Copy !req
68. They say it sort of...
Copy !req
69. There's one man responsible,
do you know who it is?
Copy !req
70. It'll be a film actor. Yes.
Copy !req
71. Oh, OK.
Copy !req
72. In Treasure Island?
He played in a great performance
of Treasure Island,
Copy !req
73. and, in fact, Tony Hancock,
the great comedian,
Copy !req
74. he first started out
as an impersonator of this actor.
Copy !req
75. Laughton? No, not quite as
well-known as Laughton.
Copy !req
76. In his own day,
he was very, very well-known,
Copy !req
77. but now, less well-known.
Copy !req
78. Anybody?
Copy !req
79. It was someone mentioned
on QI before.
Copy !req
80. Someone, we've mentioned it
on QI before.
Copy !req
81. Ah, hang on a minute,
we're getting heckled.
Copy !req
82. The chances of Alan remembering it
are remote.
Copy !req
83. Someone at the front is saying,
"You've done this!"
Copy !req
84. Who are these...?
This was on Dave on Tuesday!
Copy !req
85. New facts! New facts!
Copy !req
86. Well, it was Robert Newton anyway,
the actor. Robert Newton.
Copy !req
87. Thank you, yes. Robert Newton.
Copy !req
88. Robert Newton is the right answer,
but it doesn't count cos we've
had it before.
Copy !req
89. David Prowse almost did that,
didn't he, to Darth Vader.
Copy !req
90. He had a West Country accent,
didn't he? Yes, he did.
Copy !req
91. And he thought that it would be
used, didn't he? Yes.
Copy !req
92. With his West Country accent, it got
re-dubbed by James Earl Jones.
Copy !req
93. "I am your father."
Copy !req
94. "Aarh,
I'm your father and I'm your brother
as well."
Copy !req
95. Darth Vader on a big tractor.
Copy !req
96. Trundling down the corridors of the
Death Star chewing a bit of straw.
Copy !req
97. "Darth."
Copy !req
98. "Darth."Darth."
Copy !req
99. "Mr Darth to you."
Copy !req
100. "Mr Darth, Mr Darth."
Copy !req
101. It's, yeah, anyway. Um...
Copy !req
102. You know the skull
and crossbone flag?
Copy !req
103. Yes. Did they really have that?
Cos that's giving it away.
Copy !req
104. We definitely covered that in the
last series. Really? I must have
missed it.
Copy !req
105. Yeah, Alan will tell you
all about it. Go on.
Copy !req
106. Jolly Roger.
Copy !req
107. Well, everyone knows
it's called the Jolly Roger.
Copy !req
108. Or is that a proposition?
Copy !req
109. Maybe later, Alan. It's been,
it's been ten years, Stephen,
Copy !req
110. and I've finally come round to it.
Copy !req
111. Hurrah! At last.
It's time for a Jolly Roger.
Copy !req
112. All right, now, don't take
this question personally, Alan,
Copy !req
113. I didn't write this question.
All right? OK. OK.
Copy !req
114. Now, what sort of person would say
that Alan has a very small penis?
Copy !req
115. I'm sorry.
Copy !req
116. My wife.
Copy !req
117. No! No.
Copy !req
118. And this is a legal question?
Copy !req
119. It is very much a legal question,
yes. Oh, OK.
Copy !req
120. I'll tell you the world we're in,
we're in the world of defamation,
right?
Copy !req
121. Let's say I was to write a novel
Copy !req
122. about someone who presented
a quiz show called KI,
Copy !req
123. who was called Simon Dry.
Copy !req
124. And he had a regular sidekick
Copy !req
125. with curly hair who was called
Andrew Devons,
Copy !req
126. and had a very small penis.
Copy !req
127. The idea is that he'll never sue
Copy !req
128. cos he'll never say
this is obviously based on me.
Copy !req
129. Cos no-one will say,
"It's obviously based on me,
Copy !req
130. "because my name's like that and
I've got a small... Oh, hang on."
Copy !req
131. Oh, I see. So that's the idea,
is that when you want to slander
somebody,
Copy !req
132. you put in certain things
that they would never admit to.
Copy !req
133. They'd be too embarrassed
to say that it's like them.
Copy !req
134. Why do we get away with that,
as stand-up comedians,
Copy !req
135. when someone heckles
you and you have a go back
Copy !req
136. and you say something in front
of a room, you know...
Copy !req
137. Well, it's a kind of understood
contract
Copy !req
138. between an audience and a comedian,
Copy !req
139. that someone heckles and you go,
Copy !req
140. "If I want any shit from you,
I'll squeeze your head,"
Copy !req
141. or whatever, you know.
Some story... What was that?
Copy !req
142. So...
Copy !req
143. What else would you say? What...?
Copy !req
144. Just one example. I'm not going to
give away my best heckler remarks.
Copy !req
145. But what I mean is,
if you made a joke heckle,
Copy !req
146. that's not defamatory. OK.
I mean, that's the point.
Copy !req
147. So, tit for tat doesn't stand up
in court, does it?
Copy !req
148. No, I don't think so, exactly.
He started it.
Copy !req
149. Yeah, exactly. Exactly.
Copy !req
150. But there are various defences.
Copy !req
151. And in the case, which is an
obviously untrue one, of Alan's
small penis, for example,
Copy !req
152. one defence is the truth...
Copy !req
153. .. that the person does
have a small penis,
Copy !req
154. the other is parliamentary
privilege.
Copy !req
155. So a Member of Parliament can get up
and say, "Alan Davies, Mr Speaker,
has a small penis."
Copy !req
156. And another Member of Parliament
will get up and say,
Copy !req
157. "He's a grower, not a shower!"
Copy !req
158. Yeah, lovely. Yeah.
Point of order!
Copy !req
159. The point is,
you couldn't sue either of them,
Copy !req
160. because under parliamentary
privilege, there is no action
that can be taken.
Copy !req
161. There's increased privilege in
peer reviewed scientific journals
as well.
Copy !req
162. Oh, that's privileged?
Copy !req
163. Yes, it is, to some extent.
Copy !req
164. I could publish a paper reviewed
by my peers about your penis
Copy !req
165. and I would be relatively immune
unless I was being malicious
about it.
Copy !req
166. Right. Now that's the phrase,
of course, they use in American
defamatory law,
Copy !req
167. is "absence of malice".
Copy !req
168. If you can prove absence of malice,
then you can say almost anything
which allows...
Copy !req
169. "I like
your small penis."
Copy !req
170. And that's...
Copy !req
171. It's very, very tiny,
but it's wonderful.
Copy !req
172. Surely at some point sarcasm
must come in.
Copy !req
173. Well, there's that.
If you can prove that, exactly.
Copy !req
174. So the other one is good faith.
Copy !req
175. I... I genuinely thought
he had a small penis,
Copy !req
176. I didn't mean it as defamatory,
it was said in good faith.
Copy !req
177. That's one thing. The other is
opinion, which is -
Copy !req
178. it was just my opinion. Compared
to mine, it's small, OK. Right.
Copy !req
179. It's a review.
It's a review, exactly.
Copy !req
180. One star.
Copy !req
181. The other is public,
the public interest.
Copy !req
182. The public has a right to know
the size of Alan Davies's penis!
Copy !req
183. That might be a defence.
The other is consent.
Copy !req
184. He agreed with me
about the size of his penis.
Copy !req
185. The other one is vulgar abuse.
Copy !req
186. Surely, you didn't believe me
when I said you had a small penis.
Copy !req
187. I was just being rude to you.
It was not, I was not defaming you.
Copy !req
188. It would be like if I called you,
you know, one of the unacceptable
taboo swearwords,
Copy !req
189. if I called you a motherfucker,
you know, is not defaming you,
Copy !req
190. whereas if I actually wrote down
Copy !req
191. that I believed you actually
incestuously did have sex with your
mother, that would be defamatory.
Copy !req
192. Do you see?
So that's the difference.
Copy !req
193. Not with a penis that size!
Copy !req
194. That's just going
all over the place.
Copy !req
195. Can we see the evidence?
Copy !req
196. I just... it's all about evidence.
Copy !req
197. Not from there, it's minute.
Oh, no!
Copy !req
198. Just let me, let me... No, no,
now, Brian. Let's settle this.
Copy !req
199. No, but the first person
at home going,
Copy !req
200. "I should never have gone HD."
Copy !req
201. Oh!
Copy !req
202. "Rise..."
Copy !req
203. Very good.
Copy !req
204. Thank you. Thank you. There is...
Copy !req
205. Is this on BBC Three these days?
Copy !req
206. I'm so sorry, Brian, I know.
Copy !req
207. Anyway, that's the point.
Copy !req
208. Saying a character isn't very
well-hung could save you
from a libel action.
Copy !req
209. Which reality TV format was
invented by Charlemagne's father?
Copy !req
210. There's a picture of Charlemagne.
Copy !req
211. Big Brother? It's not as well-known
as Big Brother,
Copy !req
212. I will give you a clue.
Copy !req
213. Celebrity Big Brother?
Copy !req
214. On Channel 5.
Copy !req
215. I'm a king, get me out of here?
Copy !req
216. That would cover it. I can tell you
it was presented by Dale Winton.
Copy !req
217. Supermarket Sweep?
Copy !req
218. No, I...
Copy !req
219. Total Wipe Out?
What else has he done?
Copy !req
220. Ah, you're pretty good,
you're good on...
Copy !req
221. See, I know the workings of...
Big fan. Yeah.
Copy !req
222. You're good on Dale. Yeah.
Who was this?
Copy !req
223. You probably don't know
who Dale Winton is, do you?
Copy !req
224. Uh... Chap or lady?
Copy !req
225. Audience, behave!
Copy !req
226. He's a very charming gentleman,
Mr Winton. OK.
Copy !req
227. Well turned out, crisply well turned
out gentleman, very nice man.
Copy !req
228. Who was his father...?
Copy !req
229. Charlemagne's father
is a good question.
Copy !req
230. Unlikely to have heard of him, I'll
be very impressed if you've heard
of him.
Copy !req
231. He was called Pepin the Short,
unfortunately,
Copy !req
232. but if you go back to, this is even
pre-medieval, this is the dark ages,
Copy !req
233. if you go back to that time,
justice was meted out in all
kinds of odd ways.
Copy !req
234. And one of the odd ways it
was a system of testing,
Copy !req
235. which was called an ordeal.
Copy !req
236. An ordeal. Ordeal. Ordeal.
Copy !req
237. There were various kinds of ordeal.
So it's ordeal or no ordeal?
Copy !req
238. Hey, hey!
Copy !req
239. If only... If only it were
Noel Edmonds we were talking about,
Copy !req
240. then that would be...
He really is an ordeal.
Copy !req
241. Is he a lady or a man?
Is Noel Edmonds a...?
Copy !req
242. Well, ordeals. This particular
ordeal involved...
Copy !req
243. two people had a quarrel
Copy !req
244. and they both had to make the shape
of a cross, you see, and stay there.
Copy !req
245. I don't know what that's about.
What's happening there?
Copy !req
246. Someone said he's got a small penis
and they're just checking.
Copy !req
247. Yeah. Are you a real doctor?
Copy !req
248. It was called Judicium Crucis, "the
justice of the cross", in Latin.
Copy !req
249. And, basically, it's a bit
like those school punishments
Copy !req
250. where they make you do that,
if you ever did that.
Copy !req
251. And the one who just
dropped his hands first was wrong.
Copy !req
252. And it happened to the Archbishop
of Paris with the Abbot of St Denis,
Copy !req
253. only they would use champions
to do it for them,
Copy !req
254. so they would say, "You on my behalf
Copy !req
255. "stand for as long as you can
in a cross,"
Copy !req
256. and, in this case,
the Archbishop of Paris won.
Copy !req
257. It's a pity you have
to nominate somebody,
Copy !req
258. cos if you didn't, you could just
pick on old people in those days,
you know...
Copy !req
259. I won. It would be brilliant.
Copy !req
260. You could have ordeal by tickling,
they genuinely had all kinds
of ordeals,
Copy !req
261. ordeals by water, ordeals by fire
and so on.
Copy !req
262. But there is a car game...
Copy !req
263. Is it that one where you have got to
keep your hand on the car?
Copy !req
264. Ah! Yeah, and then the last one
wins it.
Copy !req
265. You see, you do know it.
Yes, I do.
Copy !req
266. Dale Winton presented,
I think on Channel 5...
Copy !req
267. That rings a bell, yeah.
Copy !req
268. .. an endurance game show based
on a Japanese original
Copy !req
269. called Touch The Truck.
Copy !req
270. That's Dale there, on top of it.
Copy !req
271. I'd love to watch that.
Just loads of people touching a car
and then that's it.
Copy !req
272. Yeah. For an hour.
Copy !req
273. For an hour? 81 hours.
It's because...
Copy !req
274. Well, I'd Sky Plus it
and fast forward through it.
Copy !req
275. Yeah, I was going to say.
It's basically the last one
to give up on touching the truck.
Copy !req
276. It doesn't do anything, you just
stand... No, you have to touch it.
Copy !req
277. Yeah, it's going 80 mile an hour.
Copy !req
278. Now, that would be a game.
Now, that's a game show.
Copy !req
279. You were allowed...
Copy !req
280. You were allowed a ten-minute
break every two hours
Copy !req
281. and 15 minutes every six hours.
Copy !req
282. But this is made-up,
no-one would put their hands on...
Copy !req
283. If you fell asleep,
you were disqualified,
Copy !req
284. so you had to stay awake.
Copy !req
285. You couldn't just lie on the car
with your hand on it,
Copy !req
286. so you had to be consciously
touching it.
Copy !req
287. And if, the idea was, the last
person left touching it won it.
Copy !req
288. And the winner, you'll probably want
to know all about him, I expect,
Copy !req
289. he won the truck, obviously,
and he sold it,
Copy !req
290. in order to raise funds
to stand as a political...
Copy !req
291. For arm surgery. No.
Copy !req
292. ..to stand as a political candidate.
Copy !req
293. He stood for Kingston and Surbiton
at the 2001 general election.
Copy !req
294. There was a turn-out of 49,093
people and he secured 54 votes.
Copy !req
295. Wow.
Copy !req
296. We do it in New Zealand,
Copy !req
297. that's a radio show contest
that quite often happens.
Copy !req
298. Yeah, we're probably
the last country still doing it.
I have to say...
Copy !req
299. That's the only way you can
get your cars, back in New Zealand.
Copy !req
300. Doing it on radio sounds
even weirder to me, I have to say.
Copy !req
301. They're still touching it.
They're still touching it...
Copy !req
302. Do you have to drum on it?
Copy !req
303. No, they interview the people
who are touching the car.
Copy !req
304. So, "I've got John here,
how's it going?
Copy !req
305. "Ah, good, I'm still touching it."
You know.
Copy !req
306. "How many hours now? Seven."
Copy !req
307. Anyway, that's it,
Copy !req
308. that's basically a game show
inspired by a dark ages...
Copy !req
309. Endurance sort of thing. .. endurance
test, yeah. Extraordinary, isn't it?
Copy !req
310. What sentence would you
recommend in Jedward Justice?
Copy !req
311. Life. Life!
Copy !req
312. I feel very sorry for Rhys,
we're giving you all kinds of
cultural references
Copy !req
313. that can mean nothing to you.
Have you heard of Jedward?
Copy !req
314. Are they judges?
Copy !req
315. They look very young.
They are, I believe, Irish.
Copy !req
316. Are they twins or just brothers?
They're conjoined twin judges.
Copy !req
317. Are they, they're not conjoined,
are they? Well, they've done well,
haven't they?
Copy !req
318. Sorry. I didn't know! Yes.
Copy !req
319. That's the whole thing about them,
that they're conjoined.
Copy !req
320. Oh, they are Siamese twins, are
they? They're conjoined twins, yeah.
Copy !req
321. Is he having me on? He's having me
on. No, it looks like they are.
Copy !req
322. Come on!
Who has the arm in the middle?
Copy !req
323. They do look a little strange,
I have to say,
Copy !req
324. but that's probably
because of the wig business.
Copy !req
325. No, no, nothing to do with the wig.
Copy !req
326. Right, OK.
The wig's got nothing to do with it.
Copy !req
327. There really is such a thing as
Jedward Justice. This pre-dates
these twinsters.
Copy !req
328. Maybe that's where they got their
name from. Oh, I don't think so.
Copy !req
329. This is a town which was originally
called Jedward,
Copy !req
330. and then it changed
its name to Jedburgh.
Copy !req
331. It still exists.
Jedburgh, you may have heard of it?
Copy !req
332. In the northeast.
It is, it's on the Borders, in fact.
Copy !req
333. It's a Border town,
and that's the clue, really.
Copy !req
334. But the Borders, as you know,
Copy !req
335. suffered, throughout history,
incursions and raids from England...
Copy !req
336. From the rain.
Copy !req
337. .. raiding through Scotland, stealing
and vice versa.
Copy !req
338. And they were often summarily
hanged without a trial.
Copy !req
339. And it was known as Jedward Justice.
Copy !req
340. And our name for that, where someone
is especially killed without a trial
Copy !req
341. is... What word do we use for that?
Copy !req
342. Oh, a lynch mob.
Lynch, lynch, lynch.
Copy !req
343. Now, where does the word lynch,
why is it called lynch?
Copy !req
344. I have absolutely no idea.
Copy !req
345. Well, there's a claim to the origin
of the term lynch,
Copy !req
346. which is a man called
James Lynch Fitzstephen,
Copy !req
347. who was the mayor of Galway,
in Ireland.
Copy !req
348. And he hanged his own son
from the balcony of his house
Copy !req
349. after convicting him of the murder
of a Spanish visitor in 1493.
Copy !req
350. So that's pretty bold, isn't it?
Wow.
Copy !req
351. A bike...?
Copy !req
352. It's extreme. "He learnt his lesson.
He never did it again."
Copy !req
353. No.
Copy !req
354. Did you say hanged his own son
for stealing a bike?
Copy !req
355. No. No! Did you, what did you think
I said? Did you nod off?
Copy !req
356. I misheard you, because I'm
so hungry, I don't know
what I'm saying.
Copy !req
357. No, for killing a...
I can't concentrate when I'm hungry.
.. killing a Spaniard.
Copy !req
358. For killing a Spanish visitor, yeah,
a Spaniard. Has anyone got any food?
Copy !req
359. He killed... Do you not listen
to...? No, he doesn't.
Copy !req
360. I'm starving hungry. Are you?
Copy !req
361. And now I can't concentrate because
I'm having a blood sugar crash.
Copy !req
362. I hope you never get called
up for jury service
Copy !req
363. and you're hungry in the afternoon.
Copy !req
364. What was it,
killed a Spaniard or stole a bike?
Copy !req
365. It's quite an important difference.
Copy !req
366. I'm starving. Yeah...
Can I have an apple?
Copy !req
367. Where did that come from?
I don't know. Stole a bike?
He was, your mind was wandering.
Copy !req
368. I was just drifting off,
I was thinking about pasta.
Copy !req
369. When his brain sugar drops,
Copy !req
370. I'm afraid all kinds of weird
things start to happen.
Copy !req
371. Has no-one got something
to eat here? Can we not...
Copy !req
372. Are you bringing something down?
Here you are.
Copy !req
373. Thank you very much.
What have we got?
Copy !req
374. Some homemade flapjacks.
Oh, flapjacks!
Copy !req
375. Flapjacks. Yes! Thank you.
Copy !req
376. Can I have a kiss? Yeah, go on.
Oh, she has to have a kiss.
Copy !req
377. Very good.
Copy !req
378. Have you got something
to eat for Stephen as well?
Copy !req
379. No, no, honestly, I'm fine.
When was the bicycle invented?
Copy !req
380. It wasn't invented in 1493, was it?
So it's doubly... No, it wasn't.
Copy !req
381. Doubly ridiculous.
Copy !req
382. I love the fact that you were
questioning Alan's,
Copy !req
383. as if Alan's mind
works on logical rails.
Copy !req
384. He wouldn't be found guilty of that.
Copy !req
385. "Stole me bike.
You what? I don't know."
Copy !req
386. Don't even know what one is.
Don't know what it is.
Copy !req
387. It should be just enough sugar
to get your mind
Copy !req
388. to tell the difference between
somebody murdering a Spaniard
and stealing bikes.
Copy !req
389. Before the invention of the bike.
Copy !req
390. Yeah, exactly. All right.
Copy !req
391. Let's just do the question again,
come on. No, no.
Copy !req
392. You don't get away
with it that easily.
Copy !req
393. Anyway, moving on, what happened
when the biggest miser in the land
forgot his reading glasses?
Copy !req
394. He made an error in which
he gave away his fortune,
Copy !req
395. or something happened...?
Copy !req
396. No. Because he had
forgotten his glasses,
Copy !req
397. he wasn't able to sign a document,
because he couldn't see.
Copy !req
398. So he said, "I'll take the document
and I'll sign it at home."
Copy !req
399. What might that document have been?
Copy !req
400. His will maybe? His will, yes.
Copy !req
401. So, there he is, he's got his will,
he said,
Copy !req
402. "Oh, I'll take it home
and sign it at home."
Copy !req
403. He got home... Died. Yes.
Copy !req
404. Now, that case...
Copy !req
405. His name... His name was Jennens
and he was very, very rich,
Copy !req
406. and he had quite a lot of family.
Copy !req
407. So there was a case called
Jennens v Jennens,
Copy !req
408. or as a lawyer would say,
Jennens and Jennens.
Copy !req
409. And it started in 1798,
when he died,
Copy !req
410. and it ended in 1915.
Copy !req
411. Wow.
Copy !req
412. Wow. Why did it end?
Copy !req
413. The jury all died.
Copy !req
414. No. The Jennens died?
Copy !req
415. No. Oh, they found his glasses.
Copy !req
416. Because...
Copy !req
417. It died for the same reason that
the fictional version of this case,
Copy !req
418. that Charles Dickens made famous
in his novel Bleak House,
Copy !req
419. Jarndyce versus Jarndyce,
Copy !req
420. which he based exactly on
this story, for the same reason.
Copy !req
421. The estate ran out of money.
Copy !req
422. The lawyers had used up
every penny of the estate.
Copy !req
423. Wow.
Copy !req
424. That... Doesn't that tell you
everything you need to know,
Copy !req
425. and Bleak House, of course,
Copy !req
426. which is one of Dickens'
absolute masterpieces,
Copy !req
427. has this court case running through
it, Jarndyce versus Jarndyce.
Copy !req
428. And it's been going for dozens
of years in Chancery.
Copy !req
429. But he wrote that in 1852.
Copy !req
430. And this Jennens case
had been going on for 54 years.
Copy !req
431. And Dickens was little to know
Copy !req
432. that it was to carry on going
till the First World War!
Copy !req
433. I mean staggering, isn't it?
Copy !req
434. And all because the man
forgot to sign his will,
Copy !req
435. these people were so desperate,
so rapacious.
Copy !req
436. They didn't forget that he'd died.
Yeah, well, that's true.
Copy !req
437. Anyway, where would you find
a precocious toddler,
Copy !req
438. a fertile octogenarian
and a moron in a hurry?
Copy !req
439. Is that on...?
Copy !req
440. Buckingham Palace. Oh!
Copy !req
441. Yeah, like the Celebrity
Big Brother.
Copy !req
442. Is that, are they calling
Lee Evans a moron there?
That seems very tough.
Copy !req
443. No, he's the precocious toddler
and that...
Copy !req
444. Oh, I see, fair enough,
fair enough. Phew.
Copy !req
445. Again, this is in law.
A moron in a hurry?
Copy !req
446. Well, we've all been that.
Copy !req
447. Yes, we have. These are sort
of fictional types of people.
Copy !req
448. That they use in law language.
That they use in law.
Copy !req
449. The most famous one
is the man on the Clapham...?
Copy !req
450. Omnibus.
Copy !req
451. Omnibus...
That's to do with advertising.
Copy !req
452. ..ie what we would call the man...
No, it's just the man in the street.
Oh, I see.
Copy !req
453. English common law is based
on the idea of the reasonable man.
Copy !req
454. What would a reasonable person
think? You know.
Copy !req
455. The man on the Clapham omnibus
is not stupid,
Copy !req
456. but he's not a professor
of astrophysics.
Copy !req
457. He's not a moron in a hurry,
Copy !req
458. he's just an ordinary
sensible citizen,
Copy !req
459. and that is used
as a standard by judges.
Copy !req
460. And a moron in a hurry
is used as a standard
Copy !req
461. for another kind of problem in law
that might come up.
Copy !req
462. It's in the area of passing off. Do
you know what I mean by passing off?
Copy !req
463. Like logos or something?
Yeah. So, expand.
Copy !req
464. Almost like false advertising,
or maybe plagiarism.
Copy !req
465. That's more like it.
As it were, product plagiarism. Yes.
Copy !req
466. Suppose I brought out something
called Boca Bola,
Copy !req
467. and it was in a can exactly like,
Copy !req
468. with the same lettering and the same
patterning, that would be
against the law.
Copy !req
469. So would the moron in a hurry...
Copy !req
470. A moron in a hurry probably,
would he notice that?
Copy !req
471. You've got to be careful there,
Copy !req
472. because you've also got people
who are not very observant.
Copy !req
473. Well, there is that, of course.
You know, I mean that's, that's me.
Copy !req
474. Are you not an observant person?
Copy !req
475. Sometimes, well, yes,
Copy !req
476. when I was in the army there was
an observation trail we had to do,
Copy !req
477. and you had to walk through the bush
and they put all these things,
Copy !req
478. and you had to go through
and have a look,
Copy !req
479. and then, when you came out
the other end of the bush,
Copy !req
480. the sergeant would ask you,
"What sort of things did you see?"
Copy !req
481. And I told him I saw three things,
Copy !req
482. including the cone
which marked the exit. So...
Copy !req
483. ..it was really
just two things I saw,
Copy !req
484. and there were 17 things
in the bush.
Copy !req
485. And one of those was a tank. So...
Copy !req
486. But, you know, my excuse
was a lot of it was camouflaged.
Copy !req
487. Yeah. That's good.
Copy !req
488. But I'm not a moron in a hurry.
Copy !req
489. No. Because I took a long time.
Copy !req
490. You were a simple moron.
Copy !req
491. Three times the length of time.
A casual moron. Yeah. Yeah.
Copy !req
492. So you'd be a fertile
octogenarian then, in that.
Copy !req
493. Yes. And the fertile octogenarian
is a fictitious character
Copy !req
494. that presumes that anyone, even an
octogenarian, can parent a child.
Copy !req
495. So they're these kind of archetypes
and... What's the kid, why is
she in a mood? Precocious toddler.
Copy !req
496. It's like a fertile octogenarian
at the other end of the scale.
Copy !req
497. Oh, OK.
Copy !req
498. To be fair, she's not a toddler,
she's a bit older than that.
Copy !req
499. She is, she looks jolly cross,
doesn't she? Jolly cross.
Copy !req
500. And, finally, why would I encourage
a psychopath to eyeball my crotch?
Copy !req
501. Look at that picture. I mean...
Copy !req
502. Wow.
Copy !req
503. This is one of those that I don't
think we want to know the real
answer. No.
Copy !req
504. It's not a nice idea.
Copy !req
505. Would it release the tension?
Copy !req
506. Well, I'm afraid we're back
in the weird world of the 1960s
Copy !req
507. and we're in the world
of theoretical psychiatry.
Copy !req
508. And it won't surprise you to learn
that it was in California,
Copy !req
509. there was a psychologist
called Paul Bindrim,
Copy !req
510. who pioneered nude psychotherapy,
Copy !req
511. in 1967, at a nudist resort.
Copy !req
512. And he devised discomforting
exercises,
Copy !req
513. one of which was called
"crotch eyeballing",
Copy !req
514. in which participants
were instructed
Copy !req
515. to look at each other's genitals...
Copy !req
516. Oh, God!
Copy !req
517. .. and disclose the sexual
experiences they felt
most guilty about,
Copy !req
518. while lying naked in a circle
with their legs in the air.
Copy !req
519. I'm afraid there was a doctor
Copy !req
520. at Oak Ridge Hospital
for the Criminally Insane,
Copy !req
521. a Canadian psychiatrist,
called Elliot Barker,
Copy !req
522. who did a marathon nude
psychotherapy session
for criminal psychopaths.
Copy !req
523. These raw naked LSD-fuelled sessions
lasted 11 days.
Copy !req
524. Wow.
Copy !req
525. 11 days you'd give a psychopath
LSD, take their clothes off and...
Copy !req
526. But, you see, I believe
in evidence-based medicine,
Copy !req
527. so if that can be shown to work,
it should be available on the NHS.
Copy !req
528. Well, I agree.
Copy !req
529. It's not... It doesn't matter
how ridiculous it is.
Copy !req
530. You're right, you're so right.
I too am an empiricist like you.
Copy !req
531. You will be pleased to know
that the average rate of recidivism
Copy !req
532. amongst psychopaths is 60%.
Copy !req
533. Amongst those who did
that programme, it was 80%.
Copy !req
534. There we are.
Therefore, it's a strong case.
Copy !req
535. So, we think it's a bad idea.
Copy !req
536. Recidivism is when you do it,
the crime, again.
Copy !req
537. Oh, I see, I see. Yes, yes.
Copy !req
538. But why don't we try it?
Copy !req
539. Let's get up. Let's all get up
and show each other our genitals.
Copy !req
540. Alan, come on, come on. Come on.
Copy !req
541. There's a lot of people getting
cameras out, that's a bit...
Copy !req
542. Social networking.
Copy !req
543. He's got a very long telephoto
lens as well, it's insulting.
Copy !req
544. You won't see mine from there,
you'll have to come nearer.
Copy !req
545. Maybe the audience could
take their clothes off as well.
Copy !req
546. Would you feel good about that?
Copy !req
547. Yeah, I'd feel more comfortable.
Copy !req
548. All right, OK. I hope the BBC
lets us show this moment.
Copy !req
549. So, one, two, three.
Trousers off!
Copy !req
550. Oh, dear! We, uh... seem to have
a technical problem.
Copy !req
551. We're working to fix that
as soon as we can.
Copy !req
552. Uh... Good, it's fixed now,
so let's get straight back to QI.
Copy !req
553. Hopefully, we haven't missed
anything quite interesting.
Copy !req
554. Oh, that was very good,
that worked well. Very, very good.
Copy !req
555. That was interesting.
Yeah. Very interesting.
Copy !req
556. And I can see why
they call you Brian Cox now.
Copy !req
557. Yes!
Copy !req
558. Absolutely.
Copy !req
559. And a blue one is so weird.
Yeah, I know, all right.
Copy !req
560. Anyway, we've learnt a lot about
each other and about the audience.
Copy !req
561. Thank you for participating
as well, audience. How very kind.
Copy !req
562. It was very interesting, it was very
revealing, and talking of revealing,
Copy !req
563. there is something after all to be
said for crotch-eyeballing,
Copy !req
564. but there's a lot more to be said
for score eyeballing.
Copy !req
565. And my goodness me, do we have
some scores for you today.
Copy !req
566. It's hard to believe that a man of
such intellect should be
in last place,
Copy !req
567. but I'm sorry to say, on minus
seven, it's Brian Cox.
Copy !req
568. Oh, God!
Copy !req
569. And on minus two, Janus... Janus?
Copy !req
570. Jason, Jason Manford.
Copy !req
571. Oh, dear.
Copy !req
572. In second place, with a magnificent
plus score of three, is Rhys Darby.
Copy !req
573. Oh, well done, mate. Thank you.
Good work.
Copy !req
574. Thank you.
Copy !req
575. And, can we believe it,
ladies and gentlemen,
Copy !req
576. with a towering five inches,
I mean, sorry...
Copy !req
577. ..a towering five points,
Alan Davies.
Copy !req
578. It only remains for me
to thank Rhys, Jason, Brian and Alan
Copy !req
579. and may God have mercy
on your souls. Goodnight.
Copy !req