The Power of a Pen in the Hand of an Angry Woman: The Trials of Caroline Norton

maclise the spirit of justice

Daniel Maclise, The Spirit of Justice (1847-9). Fresco. Caroline Norton was the model for Justice (center)

In an age in which English marriage law considered women not just less than equal, but absolutely nonexistent, Caroline Norton emerged as an unlikely hero. She is sometimes called an early feminist, but that is inaccurate. Pressured into marriage to a virtual stranger by her family’s financial problems, abused both physically and emotionally by her husband, object of general pity, falsely accused of adultery, separated from her children, and crippled financially by her manipulative husband, she fought back.

Caroline didn’t believe in woman’s equality with man, as did Wollstonecraft for example, and certainly never argued for it. What she did believe in was rule by law, laws that could be changed, and the obligation of the law to protect those dependent on others. She may have been without protection, money, or power, but she had two formidable weapons: she had influential friends and she could write.

Caroline’s early life is generally described one of poverty, and that is somewhat true. Her grandfather, the playwright Richard Sheridan, died in poverty, but in an age that knew true poverty, Caroline didn’t go hungry or lack shelter. However, her mother, who had been left with seven children to raise on a modest pension when her husband died suddenly, endured enormous financial insecurity and worried particularly for her three dowerless daughters throughout Caroline’s childhood. Still, her childhood cannot be called bleak. The Sheridans were an intellectually vibrant family with radical political leanings and a wide circle of friends. Her mother wrote novels, and Caroline was particularly fond of her uncle, Charles Sheridan, a noted if not particularly brilliant poet. She began writing and expressing herself at a very young age.

Once Caroline’s older sister made a successful marriage, Caroline didn’t question that it was her turn to do so, particularly because their youngest sister had begun to attract a number of suitors, and giving the family hope she might make a brilliant match. (So she did. Georgiana Sheridan became the Duchess of Somerset.) Caroline may not have wanted to stand in the way, may have desired to please her mother, or might simply have believed she would get no other offers. There had been none during her only London season. Whatever the reason, she agreed to marry Edward Norton, a man she had met only once three years before when she was sixteen. He had approached her mother at that time and been put off, apparently in hopes Caroline could do better. This time both mother and daughter agreed.

CarolineNortonbyGeorgeHayter1832

Portrait by Sir George Hayter, 1832

No one knows why Edward wanted Caroline, but his dissatisfaction with her surfaced early. The Sheridans were Whigs, if not outright radical, in their politics. Norton, a Member of Parliament and a staunch Tory, loathed much of what Caroline believed. Raised to argue her position, she must have been devastated when he kicked her for expressing views with which he disagreed. That kick early in the marriage was the first of extensive physical abuse. Various accounts describe Norton as “dull-witted” and indolent, the sort to be threatened by her wit, verbal dexterity, and vivaciousness. He wasn’t above using her social skills for political gain, however. He even encouraged her friendship with Lord Melbourne.

Money also caused trouble. Norton probably presented his financial status to Caroline’s mother otherwise, but he was in fact living on a barrister’s salary when he married. Though Lord Grantly’s heir, he received no allowance from the estate. He lost his seat in Parliament three years after they married. Extremely conscious of status, he refused work he considered beneath him, did little to help their situation, and pressured Caroline to convince her influential friends to get him an appointment, one he thought worthy of his rank. Eventually Melbourne gave him an appointment as a magistrate. Caroline, for her part, began to publish her writings, and he happily took the income from that.

The birth of three children and her writing gave Caroline some joy. She was a devoted mother. The violence, however, never let up. When she was pregnant with her fourth child, he beat her so badly she miscarried. After such episodes Caroline would go to her family for refuge but always went back. Arguing and violence escalated until one day, when Caroline was out, Edward sent their three children to a cousin and ordered the servants to lock her out of the house. He had, in essence, thrown her out.

Norton then brought suit against Melbourne for “Criminal Conversation,” or adultery, a first step in obtaining a divorce. He also hoped to milk money out of Melbourne. He lost. The jury didn’t even have to leave the courtroom; he was laughed out of court. The case had several results. Melbourne’s reputation and political position were upheld. Caroline was labeled a “scandalous woman” for the rest of her life. There could and would be no divorce. Only a man could sue for divorce, and she was a faithful wife. They were stuck with each other.

Worst of all he kept the children from her. Her only recourse was to attack the law that let him do it. Caroline rallied her friends and contacts. She finally convinced a member of parliament to introduce a bill to give mothers the right to appeal to the Court of Chancery for custody of children less than seven years of age. She continued to write, but now she wrote pamphlets brilliantly arguing for the rights of women to their children. It took two years, but in 1839 parliament passed The Infant Custody Act enabling women sue for custody of children under seven as long as they were not adulteresses. The act made married women visible in the law for the first time. Edward countered by moving her children to Scotland where the law didn’t apply. Three years later one of her sons died there before she was able to get to him.

Edward also denied her a home and refused to support her. Another woman might have been crushed under all that, but Caroline Norton was made of sterner stuff. She continued to write. She could support herself with her published works. Edward quickly claimed her income as his right.

Yes, he could do that.

She proceeded to send her bills to him, bills he was obligated to pay. Years of conflict followed eventually culminating in another court case in 1853. This time Edward won on a technicality because the particular creditor in question had presented his bill before Norton withdrew support.

CarolineNortonbyFrank_Stone

Detail from a painting by Frank Stone, 1845

Again Caroline fought back with her pen. Since her husband was entitled to all her income from writing, she dedicated that writing to one topic, marriage and property laws that enabled him to profit from her labor. She never argued for the equality of women. She focused entirely on the non-existence of women in marriage law.

A movement to change the laws was already underway and a number of women including Barbara Leigh Smith, Emily Davies, Elizabeth Garrett and Dorothea Beale, were lobbying for change. Caroline threw herself—and her pen—into the fray. NON-EXISTENT became a kind of rallying cry for her. Among other things, she wrote an open letter to Queen Victoria about the position of women in regard to divorce. When the Matrimonial Causes Act passed in 1857 it had 68 clauses, four of which came from Caroline’s pamphlets. It wasn’t perfect, but it was a step forward. It created a Court of Divorce and Matrimonial Causes removing divorce from both civil and ecclesiastical courts, and provided women recognition in law.

In later years Caroline continued to write. Her poetry and novels enjoyed some success, but today they are far less well known than her political writing. Edward Norton died in 1875. Two years later Caroline married a long time friend and supporter, Sir William Stirling-Maxwell. They died within months of each other later that year and are buried next to each other. Sadly, her oldest son predeceased her, and her only remaining son died within weeks of Stirling-Maxwell.

Caroline Norton never joined the earliest feminist circle, The Ladies of Langham Place, who had lobbied for the Matrimonial Causes Act, nor devoted herself to such women’s issues as education, the vote, or equality in employment. Still, her influential writing helped put the first cracks in the wall separating women from recognition under the law. She used her pen to stand up for herself and in doing so stood up for others who had no voice.*

Further Reading:

There are many pieces about Caroline Norton in print and on the Web. These three are particularly rich and well documented:

“Caroline Norton,” on Spartacus Educational.

Diniejko, Andreij, Contributing editor, “Caroline Norton: A Biographical Sketch,” on The Victorian Web.

Ockerbloom, Mary Mark, editor, “Caroline Norton (1808-1877)” on A Celebration of Women Authors, University of Pennsylvania Digital Library, 1994-2017.

Untitled design (15)Caroline Warfield has been many things (even a nun), but above all she is a romantic. Having retired to the urban wilds of eastern Pennsylvania, she lets her characters lead her to adventures while she nudges them to explore the riskiest territory of all, the human heart. She is a regular contributor to History Imagined and to The Teatime Tattler, a blog in the shape of a fictional nineteenth century scandal sheet.

Her current series, Children of Empire, is set in the late Georgian/early Victorian era and focuses on three cousins, driven apart by lies and deceit, who must find their way back from the distant reaches of the empire—and the women who help make them whole. The second book in the series, The Reluctant Wife, set in India and England, was just released.

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*Editor’s Note: Caroline Norton’s influence on modern matrimonial and custody laws cannot be understated. As a lovely (and telling) tribute, Daniel Maclise used her as the model for Justice in his fresco The Spirit of Justice in the House of Lords (top). See The Transfigurations of Caroline Norton for more on her influence on art and literature. -JC

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Smallpox vs Edward Jenner: How One Doctor Invented Vaccination and Cured the World

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The deadly disease smallpox had been feared by man for thousands of years by the 1800s, and rightly so. It was highly contagious, incurable, and killed a third of those unlucky enough to catch it.

Those who survived it were rarely left unscathed. Aside from the inevitable permanent scarring, it could leave victims blind and doomed to spend the rest of their days battling lung or joint problems. The disease also did not discriminate between the rich or poor.

Several royals and world leaders contracted it. Queen Elizabeth I, George Washington and Joseph Stalin all had pock-marked faces which they took great pains to disguise. The 18th century fashion for wearing patches stemmed from the desire to hide the damage smallpox had done to aristocratic skin. Smallpox killed both King Louis XV of France and Queen Mary II of England, monarchs who could well afford the best physicians to try to save them, so the merest threat of it was enough to send the population into a panic.

Of course, it didn’t help matters that medical scientists had no idea how the disease was spread and had no way of treating it. The concept of bacteria and viruses would not begin to enter into medicine until 1861, so physicians were clueless. Theories abounded over time, blaming God, the alignment of the planets, and eventually evil miasmas (bad air) as the root cause of an epidemic. Treatments were equally as primitive. Prayer, smelling sweet nosegays, and bonfires were the only weapons the Western World had for centuries. As a result, outbreaks could kill thousands in a very short space of time with terrifying speed, especially children or the old. The only thing they did know, was once you had caught it, you couldn’t catch it again.

In the East where medicine was traditionally more advanced and largely unencumbered by religious interference, physicians expanded upon this idea. Using the healing scabs of a recovering smallpox victim, which they scratched into the skin of healthy people, they protected them. Although they did not realise it at the time, what they were doing was building up the body’s antibodies using a weakened dose of smallpox and thereby rendering the body resistant to any stronger. It’s still a common practice nowadays with certain diseases. Polio is a classic example. Variolation (or inoculation as we now know it) was brought to Britain in 1715 by Lady Wortley Montague, an ambassador’s wife who had suffered smallpox as a child and lost a brother to it.

Whilst inoculation did work in a great majority of cases, it was not without serious risk. By exposing people directly to smallpox, albeit a significantly weaker version of the disease, at least ten percent of those inoculated contracted full-blown smallpox in the process, often with fatal consequences. King George III lost his son Prince Frederick after he had the boy inoculated. When even the king could not guarantee its safety, a great many preferred not to take the risk. Inoculation was also very expensive, which put even more off it, so smallpox remained a devastating killer throughout the eighteenth century.

In 1784, after extensive study of smallpox victims during an epidemic in his hometown of Chester, Dr John Haygarth became convinced smallpox was transferred by human contact. He recommended quarantining anyone with smallpox and gave sound advice as to how anyone coming into contact with a victim should stop the infection spreading:

“During and after the distemper, no person, clothes, food, furniture, cat, dog, money, medicines or any other thing that is known or suspected to be bedaubed with matter, spittle, or other infectious discharges of the patient should go out of the house until they have been washed…When a patient dies of smallpox, particular care should be taken that nothing infectious be taken out of the house so as to do mischief.”

Haygarth’s methods were soon widely adopted. Wherever possible, smallpox victims were isolated away from the rest of the community. Every item of clothing and bedding used was burned to avoid contaminating others. Sometimes, this occurred using quarantine ships. These were hardly floating hospitals as there was little doctors could do other than let the disease run its course, however, moving sufferers offshore was fairly successful in containing the disease if they caught it quickly enough.

cowpoxThe big breakthrough came thanks to a country doctor called Edward Jenner. He decided to test the validity of an old wives’ tale which claimed all those who worked with cows were immune to smallpox. Over the course of many years, he discovered that those new to working with cattle–such as milk maids–often caught a relatively harmless disease from them. Cowpox caused a mild fever and an irritating skin rash in humans which quickly cleared up of its own accord. Jenner began to suspect cowpox was the key to the immunity from smallpox. However, to test his theory he would need to infect a human with cowpox who had never come into any contact with cows before.

In 1796 he paid the parents of James Phipps, and then injected the pus from a cowpox pustule into the boy. A few weeks later, he exposed the boy to smallpox and when nothing happened declared it a resounding success. He called his new treatment vaccination as the word vacca is Latin for cow and was convinced it was the only thing capable of defeating the ‘speckled monster’. However, the Royal Society did not welcome his research with open arms. They declared it too revolutionary and asked for more proof. It took until 1798, and several more experiments with cowpox including one on his own baby son, before they published his findings.

Although conclusive, the people were less enthusiastic to this new miracle prevention. There was an enormous backlash against Jenner’s vaccination accompanied by an extensive propaganda campaign. Aside from the fact the new prevention was more expensive than the old-fashioned inoculation, the widespread resistance came because of two things:

Firstly, and perhaps most importantly, vaccination was seen as ungodly. The very religious masses listened to the anti-vaccination sermons preached from pulpits the length and breadth of the British Isles. After all, in Corinthians is stated quite clearly: “All flesh is not the same flesh: but there is one kind of flesh of men, another flesh of beasts”. Mixing the two things was grossly unacceptable according to the scriptures.

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James Gillray, The Cow Pock. An anti-vaccination cartoon from 1802.

Secondly, although Jenner was able to prove vaccination did work with none of the risks caused by inoculation, he had no earthly idea why. Even the educated struggled to justify agreeing to vaccination without knowing the science behind it. Perhaps it was possible they would begin to sprout horns and udders in the future? Nobody could say for certain this wouldn’t happen.

Others were less resistant. Napoleon honoured Jenner with a medal after the Frenchman vaccinated his troops. Before that, more of his army were killed by smallpox than by battle. Another fan was President Thomas Jefferson who, in 1806, wrote a gushing letter of thanks to Edward Jenner:

“I avail myself of this occasion of rendering you a portion of the tribute of gratitude due to you from the whole human family. Medicine has never before produced any single improvement of such utility… Future nations will know by history only that the loathsome small-pox has existed and by you has been extirpated.”

While history proved Jefferson’s prediction correct, such accolades from Britain’s then enemies did not really do Edward Jenner any favours at home. Vaccination remained hugely unpopular with the masses and some dyed-in-the-wool physicians despite overwhelming evidence of its success and continued to be during Edward’s lifetime and beyond. He died in 1823 with his vaccination still as controversial then as it had been in 1796.

Things came to a bit of a head in the UK when the government stepped in. In 1840 they declared the old inoculation illegal, thus eliminating the choice. Then, the 1853 Vaccination Act made it compulsory in law for all babies to be vaccinated before they were three months old. Failure to do so resulted in a one pound fine and potentially the risk of prison. People argued they were now denied the right to decide what they could put into their own bodies and many took to the streets to protest. Compulsory vaccination was so unpopular, the government had to back down and stopped prosecuting those who refused.

It was only once the brilliant French scientist Louis Pasteur began to do more experiments on vaccination in the late 19th century, and was finally able to explain why it worked, that public objection lessened. Smallpox vaccination became widespread and the catastrophic and destructive epidemics died out. The last known recorded case of smallpox was in Somalia in 1977 and in 1980 the World Health Organization declared the disease eradicated save the few samples kept secure in laboratories. And all thanks an old wives’ tale and a tenacious, mild-mannered country doctor from Gloucestershire who never wanted to be famous.
virginia heath cover
Virginia Heath writes witty Regency romantic comedies for Harlequin Mills & Boon. The first book in her ‘Wild Warriners’ series, A Warriner to Protect Her, will be released in April 2017.

Mediomania: Spiritualism, Crisis, and Mediumistic Hysteria of the 19th Century

A depiction of table-turning in Le Magazine L’Illustration, 1853

Who doesn’t love a good ghost story?

The residents of Hydesville, New York were sure intrigued when rumors erupted of the Fox sisters and their ability to communicate with the dead through taps and rappings in their home. Kate and Margaret Fox invited the public to demonstrations of their abilities, asking the spirits to respond to questions with the correct number of knocks. And from these few taps, a religious movement grew.

But it wasn’t the need or the determination to speak with the dead that drove the development of Spiritualism. The religion came along at the right time when it was needed most by those wishing to enact social change. In the 1850s, Quakers were looking for an escape. Abolitionist Quakers in particular were in a fix. Their religion forbade them from taking a stance on measures such as abolition and women’s rights. But when the Fox sisters started knocking, those looking for an answer saw a way out.

Taking spiritualism by the horns, Quakers began to convert, picking up the torch of spiritualism in the name of women’s leadership, abolition, and a host of other social crusades. Spiritualists traveled the country to speak at assemblies and conventions, some on the subject of spiritualism, but most often at the conventions of social endeavors such as women’s right to vote and abolition. Spiritualism simply served as a means for working toward such change.

With such a surge in social improvement, women were put in a position of opportunity. Suddenly communicating with the dead meant women could assume leadership roles in the community. They became trance speakers, touring the country to speak to large assemblies. Trance mediums wrote books, counseled the distressed, and even ran for president. That would have been Victoria Woodhull in 1872. Women harnessed a power that seemed to favor the female body and used it to propel themselves up in terms of equality with men.

But with such upward movement came backlash, and such backlash took the shape of an accusation of insanity. Dr. R. Frederic Marvin finally gave a name to the disease of which spiritualism was considered to be a result. Mediomania was suddenly a diagnosis spread far and wide, labeling mediums with a type of female insanity. The female reproductive system was to blame, a system so much more “complex” than a man’s and thus in danger of such insanity. While it was not used in place of utromania, the two diseases were often linked. It was determined the angle of the uterus was the cause of the disease. If it were tilted too far forward, women would develop this mediomania and begin to exhibit its horrible symptoms.

Symptoms of this “mediumistic hysteria” often were a woman’s determination to leave traditional roles and her propensity to overuse her mind. Historian Ann Braude argues, “Doctors asserted that, if women used their brains to attempt the mental exertion required for higher education, they would overtax their systems and suffer gynecological disease.” As Marvin asserted, “She becomes possessed with the idea that she has some startling mission in the world.” Such an idea was horrifying by late 19th century standards, and mediums were deemed insane for such behavior.

Treatment was often forced upon the afflicted. I say forced because most often the cure of mediumship was the “Rest Cure.” It entailed the female subjecting to the will of the male doctor. It was believed she must no longer assert her own will in order to be healed. Such a cure inherently suggests a level of force upon the afflicted.

So while women enjoyed a blitz of equality through their abilities as mediums, it quickly came crashing down in the 1870s and into the 1880s as “science” proved these women to be simply insane. Spiritualism lost favor as it failed to organize successfully, and heretics took advantage. Doctors proclaiming the “rest cure” pronounced mediums fit for asylums, and hoax mediums caught in charades gave the movement a bad reputation. More, the movement had already accomplished a major goal in the abolition of slavery, and because of this, lost momentum in their endeavors. The Spiritualism movement would fade away by the 1880s, and with it the persecution of female mediums for their mediomania.

Jessie Clever

Source:

Braude, Ann. Radical Spirits: Spiritualism and Women’s Rights in Nineteenth-Century America. Bloomington: Indiana University Press, 2001.

Jessie Clever decided to be a writer because the job of Indiana Jones was already filled. Taking her history degree dangerously, Jessie tells the stories of courageous heroines, the men who dared to love them, and the world that tried to defeat them. Jessie makes her home in the great state of New Hampshire where she lives with her husband and two very opinionated Basset hounds.
Don’t miss To Save a Viscount. Find out more at jessieclever.com.

The Flapper and the Virgin Birth: The Curious Case of Christabel Hart and John Russell

I enjoy writing about real people. For kiddos, I’m working on nonfiction books about Bethany Hamilton and Malala Yousafzai. For adults, I’ve got a fictional origin story about Bonnie and Clyde. What makes that story especially fun, besides digging into the lives of two of the most infamous outlaws, is that I’ve set it during the 1920s. The Roaring Twenties. The Jazz Age. The Age of Intolerance. The Age of Wonderful Nonsense.

During my research, I stumbled upon a dirty, sexy story that illustrates the age of intolerance and wonderful nonsense so well, and I’d love to share it with all you scandalous readers.

Meet Christabel Hart and John Russell.

christabel-hart-russellChristabel was a looker. She worked in a factory by day and, by night, danced the tango at high-society parties. She even shaved her armpits, something reserved for free-spirited flappers in sleeveless dresses. Here, she’s donning the large fur collar trend.

John was a 6’ 6’’ submarine officer, who often went by the nickname Stilts, due to his height.

Their “love” blossomed after Stilts put an advert in The Times looking for “young ladies” to correspond with him. Christabel answered. When Stilts was on leave, they met up in London.

Soon, Stilts proposed, and Christabel likely shrugged as she accepted, claiming, “I thought it would be nice and peaceful not to be pestered by men asking me to marry them.”
However, Christabel had a change of heart. She called it off. She then flippantly tried to elope with one of Stilts’ friends. The marriage never happened, due to legal formalities, and Christabel must’ve shrugged again as she telegraphed Stilts and agreed to marry him after all.

He telegraphed back an overjoyed, “Yes.” A week later, in 1918, they were married.

john-russell-in-dragBut Christabel wasn’t ready for children and didn’t want to consummate their marriage. In fact, the girl must’ve paid attention during PE class, and she insisted on abstinence. Zero hanky panky. Hell, Christabel insisted on different bedrooms.

Stilts agreed, to make her happy.

Some say Stilts’ pent up (and maybe backed up) frustration led to him attending dress balls in drag. That’s him on the left.

And during the few times he did sneak into her bed, Christabel declared that Stilts’ methods of birth control made pregnancy impossible. How? I’ll let your imagination do the work. But through it all, Christabel’s so-called virginity remained intact. So did her hymen.

Lo and behind, in 1921, Christabel realized she was five months pregnant. For me, this is a classic case of playing “just the tip”, but Stilts disagreed—even though it is possible for semen to pass through an unbroken hymen and also for sperm to be in the pre-cum. Nevertheless, Stilts was adamant Christabel was unfaithful and sued her for divorce, thus beginning a nasty trial.

Gynecologists confirmed her unbroken hymen. Christabel was cleared of any adulterous acts, though she did have “twenty to thirty [male] dancing friends.” Stilts was named the father. And, the trial even reached the likes of King George, who said the language used in court was worse than “the pages of the most extravagant French novel.”

So, there you have it. I call this the mother of 1920s scandal, lasting through 1937 when Christabel finally gave Stilts a divorce.becoming-bonnie-cover

Jenni L. Walsh is the author of Becoming Bonnie, a historical novel forthcoming from Tor/Forge (Macmillan) on May 9, 2017 that tells the untold story of how wholesome Bonnelyn Parker becomes half of the infamous Bonnie and Clyde duo during the 1920s. Learn more about Jenni and her books at jennilwalsh.com.

Sources

“John and Christabel.” Jazz Babies

Chicago Tribune Press Services. “‘Dream Baby’s’ Mother Given Final Decree” Chicago Tribune [Chicago] 22 January 1937 Published: Page 4. Print.

Venning, Annabel. “The Aristocrat in Frocks and His Man-mad Wife Who Gave Birth While Still a Virgin: Couple’s Grandson Sheds New Light on Britain’s Most Sensational Divorce Case.” Daily Mail Online. 01 Nov. 2013.

“A Cesspool in the Palace”: Prostitution and the Church in Medieval Southwark

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London Bridge, from Southwark facing north. Southwark Cathedral is in the foreground. Claes Van Visscher, 1616.

Prostitution flourished in medieval London, and in the 12th century, Southwark became the city’s official red light district by order of Henry II. His ‘Ordinances touching the gouerment of the stewhoulders in Southwarke under the direction of the Bishop of Winchester’ (1161) gave control of the Southwark brothels to the ecclesiastical authorities, which would allow the church to draw untold sums of money from them through the sale of licenses. At the time of the ordinance, there were eighteen licensed brothels in Bankside employing about a thousand prostitutes at any one time. As a result of the church taking control, most of London’s churches built during this period were largely financed by prostitution.

Why Southwark? By the 12th century, Southwark had already been a hot spot for prostitution since the Romans built the first known brothel in England at what was then an obscure military outpost. Southwark itself grew out of a brothel. More than that, Southwark had been a privileged borough for most of its history, its many churches creating a place of asylum that extended to protecting criminals and prostitutes from the full extent of the law. Southwark served as a “bastard sanctuary,” offering a kind of asylum to those rejected by society: prostitutes, criminals, lepers, and the poor lived among brothels, jails, rubbish tips, and the smellier trades, just far enough away from London that they could not be seen without a boat ride or a long walk across London Bridge.

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The Last Hour. Florence Harrison.

While the church officially condemned prostitution and sexual promiscuity, they had no reservations about profiting from it. St. Thomas Aquinas himself compared it to “a cesspool in the palace; take away the cesspool and the palace becomes an unclean evil-smelling place.” Southwark already smelled pretty evil; it was the perfect place for a ‘cesspool.’ Prostitution was accepted as a necessary evil, and from the end of the 12th century onward, regulated to maximize revenue for the church.

As E. J. Burford explains:

“By this act of recognition, the King and the Archbishop of Canterbury gave certain advantages to the licensed brothelkeepers or stewholders. It was much easier for them to carry on business in a protected premises in a protected area. The regulations and penalties, although set out in great detail and with seemingly terrifying (or at least terrifyingly expensive) punishments, were of little practical consequence. Most infractions would be hard to prove, and all could be nullified with a little judicious bribery.”

Brothels or “stews” had been traditionally run by bawds, but Henry’s ordinance put their management into the hands of (mostly male) brothelkeepers licensed by the church. Single women were not allowed to own brothels with exceptions being made for those who had inherited one from a relative or left one by a husband.

The ordinance was devised both to protect the women employed in the sex trade and to limit certain behaviors. One of these protections was freedom from accusations of consorting with the devil. It sounds obvious to us (and convenient for them), but at the time, witchcraft and prostitution had been almost synonymous in the public mind since King Edward the Elder linked them in the 10th century.

Prostitutes were no longer individually licensed as they had been in Roman times and did not have to wear special clothing to set themselves apart. They could not be bound to or enslaved by bawds or brothelkeepers, with limits placed on how much they were allowed to borrow from their employers at any one time (six shillings and eightpence) to prevent them from being imprisoned for debt or obliged to remain in the employ of their moneylender.

Brothels became boarding houses that rented rooms to prostitutes without board. Like the provisions preventing women from borrowing large sums of money from the brothelkeepers, this was designed to protect them from those looking to take advantage of them through inflated food prices, keeping them in poverty and confined to the precinct where they worked. Brothels were closed on holy days to encourage the women to attend services. They were refused Christian burial, but could still receive Holy Communion.

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“No grabbing!”

In return for these protections, prostitutes were ordered to refrain from aggressive soliciting on penalty of imprisonment. They were not allowed to grab or call out to potential customers, or curse or throw rocks at them if refused or cheated. As Burford puts it, Southwark “was a dockside area with dockside manners” and prostitutes were known not only to throw stones but chamber pots at any customers who thought to make a run for it without paying their fee.

Quarterly inspections were ordered to ensure no women were working unwillingly and to reduce the spread of venereal disease. Gonorrhea and “burning sickness” (likely chlamydia) were common and even expected; those found to be infected were fined twenty shillings and sacked. Symptoms were treated by washing in white wine, animal piss, or a mixture of vinegar and water. Many cases of gonorrhea are asymptomatic in women, so it would have been impossible to remove all infected parties, as evidenced by the epidemic of 1160.

In his Compendium Medicine (1190), physician Gilbert Anglicus described another kind of sexually transmitted disease resembling leprosy. If what he saw was syphilis, this would have been one of the earliest documented cases of it in Europe, three hundred years before Columbus is thought to have brought it back with him from the Americas.

Bizarrely, the harshest punishment was reserved for prostitutes who had lovers on the side. Men were permitted to whore out their wives and married women could sell themselves to their hearts’ delight, but any prostitute discovered to have a lover not paying for her services would be fined six shillings and eightpence, imprisoned for three weeks, and subjected to the humiliating punishment of the cucking stool – being tied to a chair and publically immersed in filth. Naturally the woman’s lover would not receive any punishment for his involvement with her; the rule would seem to have been in place to maximize profits while cutting down on her leisure activities.

Another interesting rule is that for the last customer of the day, once the woman had taken his money, she was obliged to lay with him all night. Brothelkeepers were prohibited from keeping boats and the boatmen that worked the Thames were not allowed to moor their boats on the south side of the river after dark. Once customers were in Southwark for the night, there was no leaving until morning. Burford suggests the reasoning for this is that political plotters or criminals were easier to monitor with reduced traffic on the river. Anyone needing to cross would have to go via London Bridge and they would be seen on the way.

While the Bankside brothels flourished with Henry II’s statues, Southwark’s reputation for vice was cemented when Edward I cracked down on those he deemed undesirable* a century later. He believed that these “women of evil life” attracted criminals, so prostitutes were no longer allowed within the city of London at all. Any woman found breaking this rule was subject to forty days in prison. This effectively forced any and all prostitutes well south of the river where they would stay for centuries. Although Covent Garden became something of a red light district with Harris’ List in the 18th century, the vast majority of London’s prostitutes lived south of the river through the 19th century.

Jessica Cale

* Prostitutes, Jews, the Welsh, the Scottish…how long have you got?

Further reading
Arnold, Catharine. The Sexual History of London. St. Martin’s Press, 2012.
Burford, E.J. Bawds and Lodgings: A History of the London Bankside Brothels c. 100-1675. Peter Owen, 1976.

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.

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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