The Star Chamber: Corrupt Legal Practices and the Origin of Habeas Corpus

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Engraving of The Star Chamber from Old and New London (1873)

“The Star Chamber” reached such a level of infamy during the reign of Charles I that the term “Star Chamber” still exists in our idiom today. It is generally used to denote any judicial or quasi-judicial action, trial, or hearing which so grossly violates standards of “due process” that a party appearing in the proceedings (hearing or trial) is denied a fair hearing.

The Star Chamber actually has its origins in the fourteenth century and is said to have derived from a room in the Palace of Westminster decorated with a starred ceiling where the King and his privy council met. Initially it served the valuable role as a “conciliar court” which was convened at short notice to deal with urgent matters. Initially well regarded because of its speed and flexibility, it was made up of Privy Counselors, as well as common-law judges, and supplemented the activities of the common-law and equity courts in both civil and criminal matters. In a sense, the court was a supervisory body, overseeing the operations of lower courts, though its members could hear cases by direct appeal as well. The court was set up to ensure the fair enforcement of laws against prominent people, those so powerful that ordinary courts could never convict them of their crimes.

In 1487, a Star Chamber Act was enacted setting up a special tribunal to deal with subversive activities within the King’s household. In theory the Star Chamber could only take cognisance of a matter if there was a good reason to interfere with the ordinary processes of law. In practice it meant that it heard cases and imposed punishments in matters where no actual crime had been committed but, in the subjective opinion of the court, were considered morally reprehensible. The sort of matters coming before it would now constitute offences such as conspiracy, libel, forgery, perjury, riot, conspiracy, and sedition. Henry VII and Henry VIII, in particular, used the power of the Star Chamber to break the powerful nobles who opposed their reigns. Prosecutions were brought by the Attorney General and prisoners tried summarily by affidavit and interrogation (which very often included torture). Punishments included fines, imprisonment, pillory, branding or loss of an ear. It did not have the power to order a death sentence.

The Court’s more sinister side began to emerge by the end of the fifteenth and into the sixteenth century, when it began to lose its “civil” side and, notwithstanding its inability to mete out death, by the reign of Charles I, the Star Chamber had achieved a terrible reputation for severity and tyranny.

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Charles I. Wenceslaus Hollar, 1644.

Charles I routinely used the Star Chamber to examine cases of sedition, which meant that the court could be used to suppress opposition to royal policies. It came to be used to try nobles too powerful to be brought to trial in the lower court. During the time of Charles’ “personal rule” he ruthlessly stamped down on the freedom of the press and religious and political dissenters. William Prynne, Alexander Leighton, John Bastwick, and Henry Burton all appeared before the Star Chamber for their views on religious dissent. William Prynne, for example, was a puritan who published a number of tracts opposing religious feast days and entertainment such as stage plays. The latter was construed as a direct attack on the Queen and in 1634 he was sentenced in the Star Chamber to life imprisonment, a fine of £5000, he was stripped of his qualifications and membership of Lincolns Inn, and lost both his ears in the pillory.

It was the treatment of John Lilburne that eventually led to the abolition of the Star Chamber. Lilburne was a Leveller* (“Free born John”). In 1637, he was arrested for publishing unlicensed books (one of them by William Prynne). At the time, all printing presses had to be officially licensed. In his examinations in the Star Chamber, he refused to take the oath known as the ‘ex-officio’ oath** (on the ground that he was not bound to incriminate himself), and thus called in question the court’s usual procedure. On 13 February, 1638, he was sentenced to be fined £500, whipped, pilloried, and imprisoned till he obeyed.

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John Lilburne, as depicted on the cover of the Leveller pamphlet “The Liberty of the Freeborne English-Man” (1646)

On 18 April, 1638, Lilburne was flogged with a three-thonged whip on his bare back as he was dragged by his hands tied to the rear of an ox cart from Fleet Prison to the pillory at Westminster. He was then forced to stoop in the pillory where he still managed to campaign against his censors, while distributing more unlicensed literature to the crowds. He was then gagged. Finally, he was thrown in prison. He was taken back to the court and again imprisoned. During his imprisonment in Fleet, he was cruelly treated. While in prison, he however managed to write and to get printed in 1638 an account of his own punishment styled The Work of the Beast and in 1639 an apology*** for separation from the Church of England, entitled Come out of her, my people. John spent the next few years going back and forth between the Star Chamber and prison.

In 1640, the King’s personal rule ended and he was forced to reconvene Parliament. Incensed by John Lilburne’s treatment at the hands of the Star Court, John Pym led a campaign to abolish it, and in 1640, one of the most significant pieces of legislation in the western world was enacted: the Habeas Corpus Act. This Act abolished the Star Chamber and declared that anyone imprisoned by order of the king, privy council, or any councilor could apply for a writ of habeas corpus (literally meaning “release the body”) and it required that all returns to the writ “certify the true cause” of imprisonment. It also clarified that the Court of Common Pleas had jurisdiction to issue the writ in such cases (prior to which it was argued that only the King’s Bench could issue the writ). On this statute stands our basic right to a fair trial.

Physically the Star Chamber stood in the precinct of the Westminster Palace until its demolition in 1806.

References:

Baker, J.H. An Introduction to English Legal History.

Luminarium Encyclopedia Project. The Court of the Star Chamber.

Wikipedia: Star Chamber

feathersinthewindfinalAbout Alison Stuart

Award winning historical fiction author, Alison Stuart, is a former lawyer with experience in the military and emergency services. She has a passion for the period of the English Civil War and her latest English Civil War set story And Then Mine Enemy is now available in all reputable online stores. Visit Alison’s website at www.alisonstuart.com.

To celebrate the release of And Then Mine Enemy, Alison is running a Rafflecopter contest to give away a $20 Amazon gift card. Click here to enter.

Editor’s Notes for additional context

*  “Levellers” was a perjorative term applied to a group of London radicals agitating for greater spiritual and social equality during the reign of Charles I and the Civil Wars.  They went on to become particularly influential in the Parliamentary army but their demands for extensions of religious freedom and the franchise were ultimately suppressed by their own officers.  The extent to which the Levellers constituted precursors to modern socialists or democrats has been a source of historical debate but they have certainly attracted a degree of symbolic importance among the British left since the 1960s, as summarized in this article by the late politician, Tony Benn

**  The ex officio oath was one imposed on the defendant directly by the official (judge) and requiring them to swear to God to give a truthful account on pain of perjory (for lying) or contempt of court (for remaining silent).  The oath was often used by Tudor and Stuart courts to trap religious nonconformists into incriminating themselves but was increasingly resisted by men like Lilburne and ultimately abolished by the legal minds of the victorious Civil War Parliament.  Historians, such as B. J. Shapiro, have considered the importance of the solemn oath in early modern England.  John Spurr, meanwhile, offers a parallel history of profane oaths (swearing).

***  An ‘apology’ in this context was a work making the case for a particular position, not an expression of contrition.

If you’re interested in learning more about the Levellers, the Online Library of Liberty has an excellent selection of their pamphlets you can read online here. -Eds

Lies, Spies, and Unsung Heroes: Espionage and the British Empire

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Engraving of Elizabeth I with William Cecil (left) and Francis Walsingham (right)

We’ve loved our spy fiction for over 100 years. The early years of the twentieth century saw the start of the genre, with Kim, by Rudyard Kipling, several books by Joseph Conrad, The Scarlet Pimpernel, by Baroness Orczy, even some of the Sherlock Holmes stories by Sir Arthur Conan Doyle.

Sexy heroes, thrilling encounters, mysterious beautiful women, and ghastly villains. Spy novels had it all. How things have changed.

Disreputable and dishonest

In the past, spying was a murky hidden business, and spies despised as liars who sold their honour. The British Secret Service was not founded until the twentieth century, and before that spies were seen as dishonest and disreputable. Yet without them, the history of England would be very different.

Henry VIII and Elizabeth I both had spymasters whose extensive spy networks helped keep their royal majesties on their throne.

Sir Anthony Standen—torn between loyalties

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Standen’s alias: Pompeo Pellegrini

One of those spies was a Catholic refugee from Protestant England, whose reports on the Spanish Armada allowed the English to attack the Spanish Fleet at Cadiz. Sir Francis Drake fired ships and sunk galleys, putting the invasion off for years.

Poor Sir Anthony Standen. His love for England and his love for his faith conflicted, and — although he eventually returned to his home country — he was not welcomed by a grateful nation. Indeed, though he was sent on further spying missions, he was also imprisoned for a time in the Tower of London.

It is an interesting juxtaposition: his sterling work for the Crown did not (in the eyes of some) prove his patriotism, but rather his lack of moral fibre. He spied, therefore he could not be trusted.

Spying at home as well as abroad

Walsingham and his successors were as likely to spy on Englishmen as on enemies from abroad. William Pitt the Younger, in more than tripling the amount spent by the government on spying and infiltration of potentially rebellious organisations, was walking in well-trodden footsteps. The budget passed through the hands of a few civil servants at home, and ambassadors and military commanders abroad, with no more accounting than this oath.

I A.B. do swear, That the Money paid to me for Foreign Secret Service, or for Secret Service in detecting, preventing, or defeating, treasonable, or other dangerous Conspiracies against the State…, has been bona fide, applied to the said Purpose or Purposes, and to no other: and that it hath not appeared to me convenient to the State that the same should be paid Abroad. So help me GOD.

A secret part of the Post Office opened, read, and copied mail, especially mail from foreign governments. And both amateur and professional informers reported on their neighbours.

Systematic spying

Napoleon employed a network of spies, under the Minister of Police, Joseph Fouche, who had survived the two previous regimes and would survive the Empire to serve the restored monarchy.

The English system was much more ad hoc. Spies, yes, and many of them, but probably no central co-ordination, though William Savage makes a good argument for the central role of The Alien Office.

Overseas, diplomats and military commanders took the fore. We know the names of some of the diplomatic spymasters who plotted against Napoleon: William Wickham in Switzerland, Francis Drake* in Munich and later Italy.

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Colquhoun Grant by George Jones (1815-1820), National Portrait Gallery. Grant was a British army soldier and intelligence officer during the Napoleonic Wars.

Noble spies

Wellington had ‘exploring officers’, who would have challenged you to a duel had you dared to call them spies. They were officers and gentlemen, and if they did creep behind enemy lines to collect information, they wore their uniforms to do so. Wearing a disguise or other forms of deception would be beneath their code of civilised behaviour.

But Wellington (and other military leaders) also had other intelligence gatherers who were less particular. Did some of them include members of the great aristocratic families of England? If so, we would not expect to find out from the records. Such a secret would reflect badly on those families, and would never be disclosed.

Spies of romance

So we are free to imagine that the romantic heroes and heroines of our modern stories might represent some, at least, of the spies whose reports on Napoleon’s troops, movements, and intentions saved England from invasion. Or who uncovered plots at home.

Prudence Virtue, heroine of my book Revealed in Mist, is a spy in the service of the mysterious Tolliver. Recruited after a love affair turned sour, she infiltrates the houses of the ton to uncover secrets and help defend the State. Or so Tolliver claims.

Jude Knight

15057987_707784779371091_490009922_nJude Knight’s writing goal is to transport readers to another time, another place, where they can enjoy adventure and romance, thrill to trials and challenges, uncover secrets and solve mysteries, delight in a happy ending, and return from their virtual holiday refreshed and ready for anything.

Since publishing Candle’s Christmas Chair in December 2014, Jude’s name has seldom been off Amazon bestseller lists for one or more books. She is a member of Romance Writers of New Zealand, and of the Beau Monde chapter of Romance Writers of America. You can visit her at http://www.judeknightauthor.com

Revealed in Mist is out December 13, 2016.

Website | Facebook | Twitter | Pinterest | Email

References
Ioffe, Alexander: Espionage During the Napoleonic Wars. The Dear Surprise.
Rice, Patricia: Spies in Regency England. Word Wenches
Savage, William: The C18th British Secret Service under Pitt. Pen and Pension.
Secrets and Spies, National Archives Exhibition.

*The diplomat, not to be confused with Sir Francis Drake. -Ed.

 

Love Below Stairs: Rembrandt and His Maids

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Bathsheba at Her Bath. Rembrandt (1653)

Tales of masters involved with their maids have as much allure today as they did in history. In the news, we read sordid tales of Hollywood stars romantically involved with their personnel and the scandal reports of shameless household help preying on vulnerable celebrities. But what makes these relationships so intriguingly immoral? Is it the element of adultery because many of the employers are married? Or is having a relationship in the workplace what makes this arrangement taboo?

Analyses of the behavioral patterns between employers and employees fill volumes of psychology books. A certain power imbalance arises when two people enter into a vocational relationship. The employer has the upper hand, holding not only the threat of termination over the employee’s head but also holding the purse strings. One could say, the employer holds an employee’s very existence in his hands. As with any power imbalance, there is a risk that this power could be abused. Or a more commonplace risk could arise: a romantic relationship could develop in the workplace. These risks compound the intrigue, especially when the employees are working in private homes.

Let’s concentrate on the recipe for a good master and maid tale: a household hires a housekeeper. The household does not fit into the modern concept of the nuclear family in a loving marriage. Maybe this is a marriage arranged for business and social reasons. For some reason the husband and wife live together but separate. The husband may travel frequently. The wife may be preoccupied with childbearing. The housekeeper has daily and intimate contact with the master. A kind word, a smile, a wink, a touch, a kiss…The master feels he has the right to take his maid, however he desires, with her consent or against her will. Maybe some gratuity changes hands.

These tales often concentrate on male employers and their use and misuse of their female help. Surely, male household employees are misused as well, but the majority of these cases involves women. The proof of female employees caught in unsavory circumstances is often obvious in the form of an unwanted pregnancy and the subsequent fall from grace forever.

In his book The Unwanted Child: The Fate of Foundlings, Orphans and Juvenile Criminals in Early Modern Germany, Joel Harrington reports the case of a young maid and her descent into disrepute by bearing a child, the result of a unwanted pregnancy caused by her employer. During Harrington’s research, he notices that the legal records were crammed full of reports of maids involved in fornication, abortion, abandonment and infanticide cases. He reasons that “domestic service entailed geographic and thus social displacement. Most young women…served fairly near their homes but far enough away to require a new social network.” Considering the stage in their development, that being late teens and early twenties, the young women were exposed to a multitude of “voluntary and involuntary sexual relations.”

They were almost completely dependent on their employers for food and board and leaving even abusive circumstances would result in forfeiting pay and termination of the contract, as well as shame to their families. “A maid impregnated by her employer was in fact the most common adultery scenario among married men throughout the early modern era.”

As with many historic vocational relationships, payment would only ensue at the end of the employment contract, be that a year or two years, and termination could mean forfeiting all the wages due. Historically, the best-paid women employees, like cooks and nannies, were maybe paid as well as their worse-paid male counterparts. But there were ways maids could better their positions. The master may have hinted that there were extra jobs to do and money would change hands. Maybe even a promise of marriage would preceded a sexual encounter. Although, in his book, Joel Harrington says, “…marriage was at best a cruel delusion.”

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The French Bed. Rembrandt (1646)

To be fair, there are reports in historical records of genuine love and affection between masters and maids, even if the relationships between them did not end in marriage. A famous example of a master involved with his maid(s) is that of the Dutch painter, Rembrandt Harmenszoon van Rijn. Born in 1609 in Leiden, Holland, and educated there too, he soon made himself a name and moved to Amsterdam in 1631, a promising career budding. There he met his art dealer’s cousin, Saskia van Uylenburgh, and in 1634, he married her. The couple lived in better circumstances even though a dark cloud shrouded their affluence. Saskia bore three children and none of the three infants survived. Then in 1641, Sakia gave birth to their son, Titus. Saskia sadly died a year later. During the time of Saskia’s illness, Rembrandt hired a governess, Geertje Dircx, to help him raise Titus. Around that time, he also hired a housemaid, Hendrickje Stoffels.

Rembrandt’s relationship with Geertje was an intimate one, to the point that he gave her a silver marriage medal, although not engraved. At this time he painted his most sexually explicate works like The French Bed (above) and The Monk in the Cornfield (below), considered pornographic for the 1640’s. He also gave Geertje some of Saskia’s jewels. Although Rembrandt and Geertje were betrothed, even though he later disputed this, they never married. He would have lost Titus’ trust fund, money set up in Saskia’s will, had he remarried and he could not afford to do that. Even though Rembrandt was a successful portrait painter, he was known to live above his means and had money problems.

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The Monk in the Cornfield. Rembrandt (1646)

When did the relationship between Rembrandt and Geertje sour? When did Geertje notice that Rembrandt preferred the young maid, Hendrickje? Maybe when Geertje noticed that Rembrandt looked “…at the young woman (Hendrickje) an instant longer than was quite necessary between a master and a maid,” as reported in the book Rembrandt’s Eyes by Simon Schama. Maybe when Geertje began to hint that a Christian marriage was what she really wanted. Maybe the problem escalated when Geertje noticed that Rembrandt took Hendrickje into his bed and no longer wanted her.

In 1649, Geertje was ousted, out of the relationship and out of the house. Rembrandt demanded that Geertje make a will leaving the jewelry he gave her to his son, Titus, should Geertje die. Geertje could ‘use’ the jewels, promising never to sell or pawn them, and he would pay her a yearly stipend, as long as she made no further demands on the artist. Hendrickje was even summoned in front of commissioners to testify that Geertje had agreed to this arrangement in front of witnesses and had no further claim on Rembrandt. The situation escalated further when Geertje pawned the jewels and continued to escalate until Rembrandt testified that Geertje was of “unsound mind.” Her detention ensued. In 1651, Geertje was confined to the Gouda Spinhuis, a correctional spinning house for wayward women. Even after her release in 1655, she continued to pester him.

In the meantime, Hendrickje proved to be a valued companion for Rembrandt, although he never married her, either. The immoral relationship did not go unnoticed by the Dutch Reformed Church. Hendrickje was summoned by the Church Council in 1654 when the swellings of her pregnancy were noticeable. She was “informed of the full depths of her depravity and wickedness…and formally banned from the Lord’s Supper, the Calvinist communion.”

Rembrandt painted what was considered the most beautiful of his nudes, the last nude painting of his career, in 1654, Bathsheba at her Bath (top), supposedly modeled by Hendrickje. They had a daughter, Cornelia, in 1654. Hendrickje remained with Rembrandt as his companion and business administrator until she died in 1663. Rembrandt died in 1669.

main-photo-very-smallLaura Libricz was born and raised in Bethlehem PA and moved to Upstate New York when she was 22. After working a few years building Steinberger guitars, she received a scholarship to go to college. She tried to ‘do the right thing’ and study something useful, but spent all her time reading German literature. She earned a BA in German at The College of New Paltz, NY in 1991 and moved to Germany, where she resides today. When she isn’t writing she can be found sifting through city archives, picking through castle ruins or aiding the steady flood of musical instruments into the world market.

Her first novel, The Master and the Maid, is the first book of the Heaven’s Pond Trilogy. The Soldier’s Return and Ash and Rubble are the second and third books in the series, to be released 2017. A great way to get in touch is through https://about.me/lauralibricz for all the important links to her books and social media!

Sources

Harrington, Joel. The Unwanted Child: The Fate of Foundlings, Orphans and Juvenile Criminals in Early Modern Germany. Chicago and London: The University of Chicago Press, 2009.

Schama, Simon. Rembrandt’s Eyes. New York: Random House / Alfred A. Knopf, 1999.

Stop by Sartle for more on Rembrandt’s work here

Art is the Best Revenge: Painting Justice with Artemisia Gentileschi

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Artemisia Gentileschi. Self-portrait, 1638-9.

Centuries before feminism had a name, post-Renaissance artist Artemisia Gentileschi (1593-1653) made waves with exemplary work in a male-dominated medium. Raped at seventeen, she channeled her trauma into her art, raising questions about the mistreatment of women with paintings of staggering beauty and brutality. Of fifty-seven known paintings, forty-nine feature female heroines from history and mythology in positions of strength, many of them also survivors of sexual assault.

Artemisia Gentileschi was born in Rome in 1593. Her father, Orazio Gentileschi (1563-1639), was an established artist who taught her to paint while she was growing up. By the age of sixteen, she already showed great promise, but was rejected by more formal academies. Wanting to nurture his daughter’s talent, Orazio arranged for Artemisia to be tutored by a friend of his, artist Agostino Tassi (1578-1644).

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Susanna and the Elders. AG, 1610.

Perhaps the first hint that Tassi was not exactly a gentleman can be found in Susanna and the Elders (1610). The Biblical Susanna was a virtuous young woman who was sexually harassed by some of the older men in her community. While many male artists had depicted Susanna as compliant or even flirtatious, Artemisia’s heroine is anything but: she is disgusted and exposed, shielding herself from two men almost falling over each other to leer at her.

By 1612, Orazio had taken Tassi to court for raping his daughter. Artemisia testified he had forced himself on her, and she had fought him so savagely that she removed a chunk of flesh from his penis. After the rape, Tassi pressured her into having an ongoing sexual relationship with him with the promise he would eventually marry her. Tassi was already married and could fulfill no such promise, but continued to abuse Artemisia until her father brought charges against him.

It wasn’t Tassi’s first run-in with the law. He had already been tried for rape, incest, and the attempted murder of his wife. Artemisia, his latest victim, was a well-behaved young woman of eighteen. So what happened?

They tortured her.

Although Tassi’s defense was contradictory and blatantly false, the court didn’t believe Artemisia’s claim that he had raped her. She was subjected to a humiliating physical exam in front of the court to prove she was no longer a virgin, her character was questioned, she was accused of promiscuity, and then she was tortured with thumbscrews while her rapist watched. Over months of witness testimonies and torture, Artemisia never once changed her story and Tassi was eventually convicted. He chose banishment from Rome over imprisonment, but he was back within a few months. By now it was common knowledge that he was a real piece of work, but he had friends in high places: Pope Innocent X was a big fan of his landscapes.

Tassi may have escaped justice through the courts, but Artemisia wasn’t done with him. Now a far superior artist to her one-time tutor, she took her revenge in a series of masterful paintings depicting women equal to or dominating men. At least half a dozen show women physically assaulting men, such as the story of Judith and Holofernes:

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Judith Slaying Holofernes (1612, and again in 1620): As the story goes, Judith was a Jewish widow. When her town was attacked by Assyrian general Holofernes, she took advantage of his attraction to her by going to his tent with him and then decapitating him as he was passed out drunk. This story has been interpreted by several notable artists including Botticelli, Michelangelo, Caravaggio, and even Kilmt in the twentieth century, but Artemisia’s is undoubtedly the most graphic. It was owned by the Medicis, but hidden for years as it was considered too brutal to display. Two versions of this were painted, the first just after Tassi’s trial.

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Caravaggio’s Judith (left) and Gentileschi’s Judith (right)

This painting is a clear tribute to Caravaggio’s work of the same name, but Artemisia takes it further. Artemisia’s Judith is more mature and self-assured. While Caravaggio’s Judith hesitantly beheads her attacker with a look of distaste on her face, Artemisia’s Judith is all business. She looks almost bored as she hacks off Holofernes’ head as if it’s something she does–or has thought of doing–every day.

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Judith and Her Maidservant (1613-14) : Here we see Judith leaving with her maidservant, sword in hand. Holofernes’ head is in a bag, bottom left. Her hairpin here depicts David, who likewise removed the head of Goliath.

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Judith and Her Maidservant With the Head of Holofernes (1625): In the last of this series, the head is bottom center as Judith and her maid escape into the night.

And then there’s Jael and Sisera (1620):

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Sisera was a Canaanite leader who had ruled over the Israelites for many years. Following his defeat by the Isrealites, Sisera sought refuge in Jael’s tent, only to have a tent post hammered into his brain once he fell asleep.

Artemisia painted heroines she could relate to, such as Lucretia, the classical victim of rape, and other famous “fallen women” like Mary Magdalene and Cleopatra. Lucretia and Cleopatra are shown in the moments prior to suicide: instead of despair, they seem to question the idea that they ought to take their own lives. Surely a woman is worth more than the concept of “honor” attached to her body?

Artemisia seemed to think so. She married another painter and worked as an artist her whole life, fulfilling commissions for the Medicis and England’s Charles I. She was a friend of Galileo, painted a ceiling for Michelangelo’s nephew, and inspired countless other women artists to follow in her footsteps during her lifetime.

As for Tassi, his work has fallen into obscurity and he is now primarily known as Artemisia’s rapist. I wasn’t able to find a portrait of him, but we might be able to guess what he looked like…

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Jessica Cale

Further Reading:

Brash, Larry. Artemisia Gentileschi.

Christiansen, Keith, and Mann, Judith. Orazio and Artemisia Gentileschi

Sartle. Category: Artemisia Gentileschi

 

The Ketubah, an Ancient Marriage Contract

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The Wedding. Moritz Daniel Oppenheim (1861)

Marriage is a contract. In terms of religion, a couple that marries enters into the default contract defined by their faith. When two people agree to marriage in the absence of a written contract, they also accept the default contract provided by the state and its laws.

The state’s contract is essentially economic, despite the romantic glow in which modern culture dresses marriage. Anyone who does genealogical research quickly realizes that the recording of marriage followed closely on the recording of deeds and wills, which are among the earliest recorded personal contracts. Other records—birth, death, even divorce—came much later. Marriage and property are deeply enmeshed in law, impacting inheritance and ownership. In our modern era, other economic factors impacted by marriage laws include tax breaks, benefits, and entitlements.

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A ketubah from 1740.

These laws and customs have not always been kind to women. Not long ago, English Common Law, under the doctrine of coverture, held that a married couple was one person under the law. That person, of course was the husband. A woman gave up all legal right—even the right to her own children—when she married. In that arrangement, it isn’t difficult to understand the need for marriage settlements, particularly among the property classes. A contract designed to assure a woman and her children would have some financial means of support in the event of widowhood provided at least some protection where the law didn’t.

In our own day, pre-nuptial agreements spell out property rights, particularly among the super wealthy in a similar manner. Couples also may establish contracts that spell out everything from the division of labor to the custody of pets.

Long before any of that, the Jewish marriage contract, or ketubah, provided all married women with the security of certain financial arrangements. The earliest know example of a ketubah dates to 440 BC. Because such documents were legal rather than religious, they were written in Aramaic rather than Hebrew, and this one is no exception. It outlines settlements paid to the bride’s father and the amount both families contributed to the dowry. It explicitly names the wife as the beneficiary in the case of the husband’s death.

At no time in history has the ketubah had anything to do with purchasing a bride. In Judaic law husbands did not have property rights over their wives. The ketubah is a “charter of women’s rights in marriage and men’s duties.” A ketubah is not, actually, a contract between husband and wife. It is traditionally a document in which witnesses verify the groom has met his obligations and may marry, and that the bride has freely accepted his proposal. The witnesses testify that the groom will meet all human and financial obligations, “as Jewish husbands are wont to do.”

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A ketubah from Gibraltar, 1826.

The elements in a traditional ketubah are:

  • Date, place and names
  • Testimony that the proposal has been made
  • Promise of basic support to “honor, provide, and support.” The promise of food, clothing, and conjugal rights are a woman’s right and a husband’s obligation and considered so fundamental to marriage they would be required even without a contract. This is the heart of the contract.
  • Promise of specific amounts to the wife in the event the marriage terminates (designed as a deterrent to divorce in a male dominated society)
  • Testimony that the bride has accepted the proposal as outlined above.
  • Promise of a dowry given to the bride by her father including such items and valuable she might bring to her new home. The groom’s acceptance is noted and he provides and additional gift to the bride.
  • Testimony that the groom agrees to a mortgage or lien on all his belongings including “the mantle on my shoulders,” to meet the obligations of the contract should it become necessary.

The promise of the woman’s conjugal rights is interesting because of the contrast to other religious traditions. In Jewish tradition marriage is holy, and not entirely, or even primarily, intended for procreation. The Torah Genesis 2:18 states “it is not good for man to be alone,” indicating companionship as the goal of marriage. Refraining from marriage is frowned upon in the Jewish tradition.

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A Persian ketubah, 1879.

In “An Open Heart,” my contribution to the Bluestocking Belles’ 2016 holiday anthology, Holly and Hopeful Hearts, Adam proposes to Esther privately first to make sure she is willing. She accepts his proposal publicly when it is put to her by a matchmaker, but begins to question the elements of the ketubah. To the horror of the matchmaker and her elders, she and Adam agree to add clauses about the education of their daughters. Esther demands that they receive equal opportunity for at least Judaic learning within the family, while the two of them continue to support women’s education more broadly.

Now couples routinely modify the traditional text to reflect their beliefs going much farther than Esther and Adam. One site lists texts for Orthodox, Conservative, Reform, Interfaith, Same Sex, Secular Humanist, and Sephardic marriages as well as a “write your own” option. Couples generally sign the ketubah shortly before the wedding, as do two witnesses. The document becomes a family treasure, often a work of art in fine calligraphy that is framed and hung in the home.

holly-and-hopeful-hearts-2Caroline Warfield grew up in a peripatetic army family and had a varied career (largely centered on libraries and technology) before retiring to the urban wilds of Eastern Pennsylvania. She is ever a traveler and adventurer, enamored of owls, books, history, and beautiful gardens (but not the act of gardening). She is married to a prince among men.

Website | Facebook | Twitter | Pinterest

Sources

Encyclopaedia Britannica: Coverture

Ketubah.com: The Origins of the Ketubah.

Lamm, Maurice. The Marriage Contract (Ketubah). Chabad.org.

Rich, Tracey. Marriage. Judaism 101.

Guy Fawkes Night: 400 Years of Fire and Madness

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The conspirators. Crispijn van de Passe

Guy Fawkes and the Gunpowder Plot

“Remember, remember the fifth of November” is more than just a line from V for Vendetta. Also known as Bonfire Night, Guy Fawkes Day (or Night) is a holiday celebrated every year on the fifth of November in the UK. Bigger and more widely celebrated than Halloween, people get together after dark to drink mulled wine and watch massive displays of fireworks. But what is it, where did it come from, and what did Guy Fawkes do that was so great?

The Gunpowder Plot was a conspiracy planned by a group of English Catholics to assassinate the Protestant James I and to replace him with a Catholic leader. On November 5th, 1605, Guy Fawkes was arrested while guarding explosives that had been stashed beneath the House of Lords for this very purpose. Fawkes was tortured into a confession and was sentenced to a traitor’s execution of hanging, drawing, and quartering, but managed to end his own life by throwing himself from the scaffold to avoid suffering the rest.

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The Execution of Guy Fawkes. Claes Jansz Visscher.

Why would we celebrate that?!

The tradition started that very week when people around London lit bonfires to celebrate that King James had survived the plot. In 1606, the Observance of 5th November Act actually enforced annual celebration on this day. It became known as Gunpowder Treason Day, and was celebrated on command every November.

Three Hundred Years of Madness

If it’s not weird enough for you to be ordered to celebrate, you just can’t have that much fire and booze without attracting a certain amount of madness. Gunpowder Treason Day became the focus of a lot of anti-Catholic sentiment, with effigies of the pope being burned alongside other hate figures. This only got worse when Charles I married the Catholic Henrietta Maria in 1625. During the Interregnum, Parliamentarians feared further Catholic plots, and fueled the paranoia of the public by suggesting that Catholics were plotting to blow them up, too.

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“The Guy Fawkes of 1850, Preparing to Blow Up All of England!”Anti-Catholic cartoon in Punch, November 1850.

The Restoration of Charles II brought new life to the holiday. It became a celebration of “God’s preservation of the English Throne” and was taken over by London’s apprentices as a sort of fire festival “attacking sobriety and good order.” The fires got bigger and the celebrations madder and more violent until fireworks and bonfires were banned by the London militia in 1682.

The damage had already been done, however, and celebrations continued in various forms over the years, all incorporating the element of fire. Frequent violence between the classes in the nineteenth century only added to the festivities, and the Observance of 5th November Act was finally repealed in 1859 (but the violence continued into the twentieth century).

Guy Fawkes Today

Sometime during the late 18th century, children began to drag effigies of Guy Fawkes around while begging for pennies “for the Guy.” This became a tradition, and Gunpowder Treason Day gradually became known as Guy Fawkes Day (also Guy Fawkes Night and Bonfire Night). Today it’s a pretty harmless and family-friendly holiday celebrated with fireworks, music, and if you’re unlucky, laser shows. In most places in Britain, you’ll be hard-pressed to find an effigy of anybody, let alone an open flame. People may not be cooking potatoes on sticks over bonfires anymore, but food trucks aren’t usually far away.

For those of you who have read Alan Moore’s V for Vendetta or seen the movie but missed the context, the Gunpowder Plot is a pretty central theme and is repeated through the use of one of the traditional rhymes, V’s plan, and his Guy Fawkes mask.

Here’s one of the better known (and actually least unsettling) Guy Fawkes Day rhymes:

Remember, remember the fifth of November
Gunpowder, treason and plot.
I see no reason, why gunpowder treason
Should ever be forgot.

Guy Fawkes, guy, t’was his intent
To blow up king and parliament.
Three score barrels were laid below
To prove old England’s overthrow.

By God’s mercy he was catch’d
With a darkened lantern and burning match.
So, holler boys, holler boys, Let the bells ring.
Holler boys, holler boys, God save the king.

And what shall we do with him?

Burn him!

The Rakehell in Fact and Fiction

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A Rake’s Progress, Hogarth (1732-33). This progress was a series of eight paintings by William Hogarth showing the decline and fall of a man who wastes his money on luxurious living, sex, and gambling.

In modern historical romantic fiction, the hero is often described as a rake. Frequently, he has the reputation but not the behaviour. He is either misunderstood, or he is deliberately hiding his true nature under a mask, perhaps for reasons of state.

Even the genuine player is not what they would have called a rakehell back in the day. He cats around, sleeping with multiple lovers (either sequentially or concurrently) or keeping a series of mistresses, or both. But when he falls in love with the heroine he puts all of that behind him, and—after undergoing various trials—becomes a faithful husband and devoted family man.

Yesterday’s rakehell was a sexual predator

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John Wilmot, 2nd Earl of Rochester was part of the Merry Gang, the original Restoration rakes who surrounded Charles II. He is known for his lovers, his poetry, his profligate behavior, and an unending stream of scandal. He is said to have been constantly drunk for five years, and died at only 33 years of age.

The Georgian and Regency rakehell was a far less benign figure. Back then, a rakehell was defined as a person who was lewd, debauched, and womanising. Rakes gambled, partied and drank hard, and they pursued their pleasures with cold calculation. To earn the name of rake or rakehell meant doing something outrageous—seducing innocents, conducting orgies in public, waving a public flag of corrupt behaviour under the noses of the keepers of moral outrage. For example, two of those who defined the term back in Restoration England simulated sex with one another while preaching naked to the crowd from an alehouse balcony.

Then, as now, rakes were self-centred narcissists who acknowledged no moral code, and no external restraint either. Their position in Society and their wealth meant they could ignore the law, and they didn’t care about public opinion. What they wanted, they took. A French tourist, writing towards the end of the 19th century said:

“What a character! How very English! . . . Unyielding pride, the desire to subjugate others, the provocative love of battle, the need for ascendency, these are his predominant features. Sensuality is but of secondary importance. . . In France libertines were frivolous fellows, whereas here they were mean brutes. . .”

Most aristocrats in the 18th century would not have called themselves rakes

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Francis Dashwood, 11th Baron le Despencer, fount time between his political duties and his promiscuous sexual activities to found and run the Hellfire Club, whose members included some of the most powerful men of the day. They gathered to share their interests: sex, drink, food, dressing up, politics, blasphemy, and the occult.

Historians have commented that we see the long Georgian century through the lens of the Victorian era, and our impressions about moral behaviour are coloured by Victorian attitudes. The Georgians expected men to be sexually active, and where women were concerned, they worked on the philosophy that if no one knew about it, it wasn’t happening. If visiting brothels, taking a lover, or keeping a mistress, was all it took to be defined as a rake, most of the male half of Polite Society would be so called. And a fair percentage of the female half.

Drunkenness certainly didn’t make a man a rake—the consumption of alcohol recorded in diaries of the time is staggering. Fornication and adultery weren’t enough either, at least when conducted with a modicum of discretion (which meant in private or, if in public, then with other people who were doing the same thing).

In the late 18th and early 19th century, one in five women in London earned their living from the sex trade, guide books to the charms, locations, and prices of various sex workers were best-selling publications, men vied for the attention of the reigning courtesans of the day and of leading actresses, and both men and women chose their spouses for pedigree and social advantage then sought love elsewhere. The number of children born out of wedlock rose from four in 100 to seven (and dropped again in the Victorian). And many women had children who looked suspiciously unlike their husbands.

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Lord Byron. Described as mad, bad, and dangerous to know, Byron was admired for his poetry and derided for his lifestyle. When a series of love affairs turned sour, he married, but within a year his wife could no longer take his drinking, increased debt, and lustful ways (with men and women).

The more things change, the more they remain the same

Some of today’s sports and entertainment stars, and spoilt sons of the wealthy, certainly deserve to be called rakehells in the original sense of the word. And just as the posted videos and images of today show how much the serial conquests are about showing off to the rake’s mates, the betting books that are often a feature of historical romances performed the same function back then.

Given access to social media, yesterday’s rakehell would be on Tinder.

Lord Byron earned the appellation ‘rake’ with many sexual escapades, including—so rumour had it—an affair with his sister. His drinking and gambling didn’t help, either. But none of these would have been particularly notable if they had not been carried out in public.

The Italian adventurer Giacomo Casanova mixed in the highest circles, and did not become notorious until he wrote the story of his life.

On the other hand, William Cavendish, 5th Duke of Devonshire, lived with his wife and his mistress, who was his wife’s best friend. The three did not share the details of their relationship with the wider world, so there was gossip, but not condemnation. Devonshire is also rumoured to have been one of Lady Jersey’s lovers (the mother of the Lady Jersey of Almack fame). He was not, at the time, regarded as a rake.

Jude Knight

jude-knightJude Knight’s writing goal is to transport readers to another time, another place, where they can enjoy adventure and romance, thrill to trials and challenges, uncover secrets and solve mysteries, delight in a happy ending, and return from their virtual holiday refreshed and ready for anything.

Since publishing Candle’s Christmas Chair in December 2014, Jude’s name has seldom been off Amazon bestseller lists for one or more books. She is a member of Romance Writers of New Zealand, and of the Beau Monde chapter of Romance Writers of America. You can visit her at http://www.judeknightauthor.com

Website | Facebook | Twitter | Pinterest | Email

For Jude’s new companion piece, Writing a Believable Rakehell, please visit our sister blog here.

For a related history piece, check out Jude’s excellent Syphilis: Zoonotic Pestilence or New World Souvenir?

For more on John Wilmot, 2nd Earl of Rochester, read our post John Wilmot, 2nd Earl of Rochester: Satirist, Poet, and Libertine.

Historical Underwear and the Surprising Thing Used to Clean It (Hint: It Starts with a U)

[From the archives] Okay, so we’ve had a lot of posts lately that have been on the serious side (fire, plague, syphilis, under-paying jobs), so for a change of pace, I thought I’d write about something a little more fun.

Underwear!

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15th century. Yes, really. (University of Innsbruck)

What’s not to like? Everyone knows that the best part of costume dramas in the historically accurate underwear (that can’t just be me). Fans of historical anything will already be so familiar with corsets that you might feel like you know your way in and out of one, but what about the rest?

Underwear is a surprisingly tricky subject. You’ll often hear that people just didn’t wear any, but that wasn’t always the case. Charles II wore one of the world’s first versions of silk boxer shorts to bed–would you expect anything less?–and Pepys’ wife, Elizabeth, is noted to have worn “drawers.” While it’s true that seventeenth century undergarments were a long way off from Victoria’s Secret, they were very common and almost always the cleanest thing a person wore. It was extremely difficult to clean many finer items of clothing, and people depended in part on frequent changes of undergarments such as shifts to preserve the more expensive outer layers.

As Lucy Worsley writes in If Walls Could Talk:

“In the Tudor or Stuart concept of hygiene, clean underwear played an important part. The wearing of clean linen next to the skin was considered essential in the ‘dirty’ centuries. People thought it was dangerous to immerse their bodies in water but perfectly safe to use linen to absorb the body’s juices, and then to wash the linen regularly. In fact, a show of brilliant white linen at the collar and cuffs was important to publicise the cleanliness of your body–and. by implication, the purity of your mind.”

The brighter the linen, the cleaner the mind. So how did they maintain the extraordinarily bright whites seen in portraits (apart from being kind to their painters)?

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15th Century tie-on underwear, not unlike something you could find at Ann Summers. Probably used for menstruation. (University of Innsbruck)

Urine!

That’s right, the second U of the day was used a stain remover right up until the twentieth century. Garments were scrubbed with a soap made of lye before the dirt was beaten out of them and they were hung in the sun to dry, ideally over sweet-smelling rosemary or hawthorn bushes. But for tough stains, you couldn’t beat urine. Satisfying as it might be, surely just peeing on one’s employer’s clothes would be too easy. So how was it done?

“Lay it all night in urine, the next day rub all the spots in the urine as if you were washing in water; then lay it in more urine another night and then rub it again, and so do till you find they be quite out.”
-Hannah Woolley, 1670

As you can see, sometimes it took quite a lot to do the job. Housemaids would even reserve urine from the house’s chamber pots for this specific purpose. Effective as it must have been, I can’t help but wonder how much lye and rosemary it took to neutralize the smell.

If that didn’t work, there was always perfume.

Perfume, pomanders, and scented washballs, waters, and other cosmetics were extremely popular and available in every scent imaginable from rosewater to civet (a musk from a wild cat). Although Worsley warns us about the perceived dangers of bathing, Sally Pointer assures us that both sexes bathed in scented flower waters regularly, so the situation was probably not as dire as you might imagine.

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Unidentified tailor, Giovanni Battista Moroni, 1570. Notice the pristine white ruffles under his doublet. Someone knows the secret to keeping their whites whiter.

For a bonus U: Giovanni Battista Moroni’s unidentified tailor (1570). This has very little to do with underwear (see caption), but I found him when looking for photos for you and thought you’d earned something pretty to look at after that syphilis post.

Jessica Cale

Sources

Pointer, Sally. The Artifice of Beauty

Woolley, Hannah. The Gentlewoman’s Companion (1670).

Worsley, Lucy. If Walls Could Talk.

Maybe She’s Born With It (Maybe It’s Lead!): Powder and Patch in the 17th Century

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Barbara Palmer, The Duchess of Cleveland. John Michael Wright, 1670.

So many seventeenth-century portraits feature women with smooth, perfectly white complexions. The paint used in the portraits would have been very similar to the makeup used by the subjects, both being comprised chiefly of white lead. By the Restoration, cosmetics were widely available and used across the social spectrum. In a time when freckles were undesirable and so many faces were marred with smallpox scars, demand for complexion correctives was high, and white lead made its first comeback as a cosmetic since the end of the Roman Empire.

Ceruse was made of lead carbonite and could be combined with lemon juice or vinegar. It was bought as a powder and mixed into a paste with water or egg whites and applied with a damp cloth to whiten the face, neck, and chest. It clung well to the skin and didn’t have to be applied too heavily to produce an even, matte result. It could be set with a mask of egg whites to varnish the skin or powders of starch or ground alabaster.

While it could create the illusion of perfection for a time, ceruse was not without its failings. The egg whites dried quickly on the skin, and they would have created an uncomfortably tight mask that would wrinkle and crack with any facial movement at all, so smiling and talking were out. Over the course of a day, it could even turn grey, necessitating touch-ups with alabaster powder to disguise the changing tone. Ceruse was also found to have a depilatory effect on the eyebrows and hairline, which could be seen as an advantage (or disadvantage, if false mouse-skin eyebrows don’t appeal to you) and could partially explain the artificially high hairlines that appeared in portraits throughout the sixteenth and seventeenth centuries. Still, it was preferable to the alternative, a combination of borax and sulphur, which created a pale powder that was very drying as well as slightly yellow; not very compatible with the fashionable pink and white complexion of the time.

Ceruse was also extremely poisonous. The most sought-after ceruse came from Venice, seen by many as the center of the fashionable world, which was the most expensive and contained the highest concentration of lead. In 1651, Noah Biggs warned against the use of lead in lab equipment and near any water supplies in The Vanity of the Craft of Physic, and the Royal Society noted that people involved in the manufacture of white lead suffered from cramps and blindness by 1661. Although lead was known to cause madness, it continued to be used in cosmetics, medicine, and other household products.

The first person known to die from lead poisoning caused by makeup was Lady Coventry in 1760.

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Les Mouches Sous Louis XIV. Octave Uzanne, 1902.

Patches

Patches reached their height of popularity in the seventeenth century. Lady Castlemaine advised ladies to wear them daily, except when in mourning. They could be made of taffeta or other thin, black fabrics, and even red Spanish Leather. They came in all shapes and were affixed to the face with gum to disguise blemishes or pockmarks, or to provide a “mark of Venus.”

They were called different things depending on their position on the face. A patch beside the mouth was called a “kiss.” At the middle of the cheek, it was a “finery,” a “boldness” beside the nostril, and a “passion” at the corner of the eye. During the 1650s, it became fashionable to wear patches shaped as coaches complete with galloping horses, although it’s difficult to imagine how large a patch would have had to be to resemble anything of the kind.

If a coach and six was not to the wearer’s taste, the Exchanges were restocked daily with a plethora of shapes. From The Gentlewoman’s Companion (Hannah Woolley, 1675):

“By the impertinent pains of this curious Facespoiling-mender, the Exchanges (for now we have three great Arsenals of choice Vanities) are furnished with a daily supply and variety of Beautyspots … and these Patches are cut out into little Moons, Suns, Stars, Castles, Birds, Beasts, and Fishes of all sorts, so that their Faces may be properly termed a Landscape of living Creatures. The vanity and pride of these Gentlewomen hath in a manner abstracted Noah’s Ark, and exprest a Compendium of the Creation in their Front and Cheeks. Add to this the gallantry of their Garb, with all the Ornamental appurtances which rackt Innvention can discover, and then you will say … That she was defective in nothing but a vertueus mind.”

Despite this scathing attack on the virtue of London’s patch-wearing populace, patches continued to be common throughout the eighteenth century. During the reign of Queen Anne, they were even worn to indicate political allegiances by wearing them on different sides of the face.

As you might have noticed from some of my posts, I have a particular interest in cosmetics throughout history. I use rather a lot of my research on the subject in my books. In Tyburn, heroine Sally Green is a prostitute and sometime actress, and she uses ceruse, rouge, patches, and an early kind of eyeliner, while silently judging those who use blue crayons to draw veins on their skin (because that’s just weird). My publisher is running a promotion of Tyburn this month, so if you’re curious about my fiction series, The Southwark Saga, you can download your copy through one of the links below.

Jessica Cale

Sources

Picard, Liza. Restoration London: Everyday Life in the 1660s 
Pointer, Sally. The Artifice of Beauty
Woolley, Hannah. The Gentlewoman’s Companion (1675)

Tyburn can be downloaded free until October 20th through the following links:
Amazon US | Amazon UK | Amazon CA | Amazon AU | Amazon India 
Barnes & Noble | Kobo | Google Play | iBooks

An earlier version of this post appeared on the brilliant 17th century history blog, Hoydens & Firebrands.

Executioner, Death, or The Devil Himself? The Legend of Jack Ketch

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Jack Ketch in the Plotter’s Ballad (1678-9). Ketch is seen right of center holding a rope and an axe.

[From the archives] Jack Ketch, otherwise known as John Ketch or Richard Jaquet, began his twenty-three year career as London’s leading executioner in 1663. He was not the only executioner dispatching the condemned at Tyburn, but he was the most infamous, earning a reputation for brutality remarkable even for a man in his profession. After his death in 1686, his name became slang for any executioner, the devil, and even death itself. Over time, his reputation took on such epic proportions that he became a sort of bogeyman. So who was he?

Like many executioners, Ketch spent much of his early life on the wrong side of the law, and is known to have spent time in Marshalsea Prison. Little is definitively known about his origins. He is first mentioned in the Old Bailey proceedings in January 1676 in the case of a man who was executed for a murder taking place in Whitechapel, and who also killed the bailiff charged with arresting him. The mention is a small one, but the meaning is clear: “the jury brought him in guilty, and Jack Ketch will make him free”.

after Francis Barlow, line engraving, 1679

Coleman drawn to his execution. Francis Barlow, 1679

The first public reference to him appeared in the broadside The Plotters Ballad two years later. In the Receipt for the Cure of Traytrous Recusants, or Wholesome Physicke for Popish Contagion, he is represented in a woodcut depicting the execution of Edward Coleman. Accused by Titus Oates of being involved in a “Popish Plot”, he was executed for treason in December 1678. In the woodcut, Coleman is saying “I am sick of this traitorous disease.” Ketch, illustrated holding a rope and an axe, replies, “Here’s your cure sir.” (see top)

Ketch was paid for his services, and went on strike in 1682 for better wages and won. In addition to his wages, he received bribes, but he would have made most of his money by selling off pieces of the condemned. As a matter of course, executioners were given the clothes of the dead and the rope, which they sold for significant profit. A used noose could be sold for as much as a shilling an inch.

Grizzly as it sounds, execution paraphernalia was widely believed to carry serious magic and was in high demand. Even so much as a strand of a hangman’s rope was believed to cure any number of ailments when it was worn around the neck, and gamblers sought pieces to improve their luck. Nooses had been used to cure headaches by wrapping them around the temples of the afflicted since ancient Rome. The efficacy of these cures was not in question, and the public was willing to pay for whatever they could get.

Jack Ketch had a reputation of brutality and incompetence, but the truth might be more complicated than that. Although executions were highly ritualized, there was nothing in place that we might think of as “quality control,” and bribery was a more than frequent occurrence–it was the norm. Apart from his wages and the money he made from selling off pieces of the deceased, Ketch would have received a great deal of money in bribes. If the condemned had the coin, they would attempt to bribe the executioner for a swift and merciful death. There was no mechanism in place to break the neck upon hanging at this point, so many died at Tyburn of slow strangulation, a process that could take an agonizing forty-five minutes. It would have been up Ketch to set the pace of their death and to limit–or draw out–their suffering.

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The execution of the Duke of Monmouth

The condemned were not the only people bribing executioners. Following the horribly botched executions of Lord William Russell in 1683 and the Duke of Monmouth in 1685, rumors ran rampant that although both men paid Ketch to be merciful, their enemies paid him more to make them suffer. He denied the rumors, as anyone surely would, but one has to wonder how a man who made his living executing people for twenty-three years could fail at his task so spectacularly. He was no amateur, yet during the execution of poor Monmouth, Ketch struck him five times with an axe Monmouth himself is said to have proclaimed “too dull,” and in the end had to take the Duke’s head with a knife. The spectacle had been so horrific that Ketch had to make his escape under the protection of a military guard to avoid being lynched by the crowd.

For every botched execution Ketch presided over, there were several that went off without a hitch. He was said to have known ways to tie the rope that would alternately cause the victim’s neck to break quickly or to merely render them unconscious. Indeed, if the body was moved swiftly to a coffin or intercepted by friends or relatives before it was snatched by surgeons or torn apart by the blood-thirsty crowd, there was a change they might later be revived with peppermint oil. If a person was lucky enough to survive their execution, they were typically allowed to carry on living, as this was very rare. In 1709, years after Ketch’s death, John Smith was hanged at Tyburn and left there for some time before he was cut down and revived. He made a full recovery. He was allowed to live out his life and from that day was known as “Half-Hanged Smith.”

Ketch died in November of 1686. For at least the next two hundred years, his name was applied to a whole host of things related to execution. Apart from his name becoming slang for any executioner, “Jack Ketch’s Kitchen” was a name given to a room in Newgate prison where they boiled the severed limbs of those quartered for high treason. A “Jack Ketch’s Pippin” was a candidate for the gallows. A noose became, rather uncreatively, “Jack Ketch’s Necklace”, while the slum around Turnmill Street in Clerkenwell became “Jack Ketch’s Warren”.

Jack Ketch makes an appearance in my book, Tyburn, as an acquaintance of highwayman Mark Virtue. For more on Jack Ketch and the history of Tyburn as a place of execution, check out our post here.

Jessica Cale

Sources:

Ackroyd, Peter. London, The Biography.
Brooke, Alan and Brandon, Peter. Tyburn: London’s Fatal Tree.
Cassell’s Dictionary of Slang
The Old Bailey Online
The Oxford Dictionary of National Biography