A Legal Examination of Prostitution in Late Medieval Greater London Lauren Marie Martiere Clemson University, [email protected]
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Clemson University TigerPrints All Theses Theses 5-2016 'Ill-Liver of Her Body:' A Legal Examination of Prostitution in Late Medieval Greater London Lauren Marie Martiere Clemson University, [email protected] Follow this and additional works at: https://tigerprints.clemson.edu/all_theses Recommended Citation Martiere, Lauren Marie, "'Ill-Liver of Her Body:' A Legal Examination of Prostitution in Late Medieval Greater London" (2016). All Theses. 2333. https://tigerprints.clemson.edu/all_theses/2333 This Thesis is brought to you for free and open access by the Theses at TigerPrints. It has been accepted for inclusion in All Theses by an authorized administrator of TigerPrints. For more information, please contact [email protected]. “ILL-LIVER OF HER BODY:” A LEGAL EXAMINATION OF PROSTITUTION IN LATE MEDIEVAL GREATER LONDON A Thesis Presented to the Graduate School of Clemson University In Partial Fulfillment of the Requirements for the Degree Master of Arts History by Lauren Marie Martiere May 2016 Accepted by: Dr. Caroline Dunn, Committee Chair Dr. Lee Wilson Dr. Emily Wood ABSTRACT The following study endeavors to synthesize and enhance knowledge of what has previously been an under-represented field in the study of English medieval prostitution. It examines a variety of primary sources documenting the laws, punishments, and regulations concerning sexual commerce and reaches conclusions about the marginalization of prostitutes and the diverging systems of prostitution control implemented in the City of London and the Bishop of Winchester’s manor in Southwark. First, women, especially prostitutes, were marginalized in medieval English society. The prostitutes' inability to play an active role in either the secular or religious life of English communities cemented their position as outsiders. A lack of legal definition for prostitution placed all women’s sexual reputations in vulnerable positions; therefore it was necessary to place women under male authority. Those who lacked husbands, fathers, or spiritual vows were placed under male authority via civic or ecclesiastical authorities. Since prostitution was illegal, but tolerable under certain circumstances, by the Roman Catholic Church, male authority came in the form of laws, punishments, and economic regulations. Second, in London, the municipal heart of England, civic authorities implemented a prohibitive system to target prostitution. As sexual commerce proliferated throughout the city and unguarded female sexuality increased, city officials enacted numerous laws aimed first at the toleration of prostitution, to a degree, but progressed to the complete eradication of the trade. Londoners used the burgeoning English common law system to ii enact, enforce, and convict those working within sexual commerce. Through an analysis of cases that relied upon communal law, we can see the marginalization of prostitutes in the medieval capital. Londoners attempted to promulgate a vision of London as a bulwark for morality and urbanization, through their laws and punishments. In contrast to the City of London, the Bishop of Winchester in his Southwark Manor, which was located across the Thames from the City of London, enacted a regulative-system of prostitution control. Consecutive bishops took that stance of the Catholic Church that prostitution played an important function in the moral and public safety of the community and therefore should be tolerated. In doing so, the bishops wrote and implemented a customary that governed the sanctioned brothel-system that flourished in the manor. The regulations placed strict economic and private restrictions on all those employed in the sex trade. Through an examination of the customary regulations and the ramifications of an ecclesiastically sanctioned brothel-system, I have found that prostitutes were not only marginalized in Southwark, but were also exploited. iii DEDICATION For those I love, those I’ve lost, and those I’ve yet to meet. iv ACKNOWLEDGEMENTS There are countless of those who deserve mention and gratitude for their aid during this endeavor: academically, professionally, and personally. First, I would like to offer the sincerest of thanks to Dr. Caroline Dunn. I would not have the mental fortitude or capacity to complete this study without her guidance, input, and support. Next, I would like to extend my thanks and appreciation to Dr. Emily Wood. During my two-years of study at Clemson University, she encouraged and fostered my research into medieval Europe and the world of “common women.” It was through my first graduate-level course, taught by Dr. Wood, where I developed the notion of writing an extensive study on prostitution. To further pursue my interests, Dr. Wood graciously offered to become my independent study advisor. During which time we spent months pouring over primary and secondary source research that directly contributed to this study. I would also like to extend my gratitude to Dr. Lee Wilson. Though I never had the pleasure of taking one of her courses, her suggestions and input greatly impacted the quality of this study. Professionally, I would like to thank Dr. Paul Anderson. He acted as not only a mentor, but a confessor during the most stressful two-years of my academic career. I also must acknowledge my family: my father, mother, grandparents, and my significant other. Without their unrelenting support, encouragement, and love this study and the completion of my degree would not have been possible. In finality, I would like to thank my friends and my cohort, past and present. Our time spent together will be cherished, reminisced, and loved for years to come. v TABLE OF CONTENTS Page TITLE PAGE ....................................................................................................................... i ABSTRACT ........................................................................................................................ ii DEDICATION ................................................................................................................... iv ACKNOWLEDGEMENTS .................................................................................................v CHAPTER 1.INTRODUCTION ........................................................................................................1 Historiography of Medieval Prostitution .....................................................................3 Terminology of the Medieval Sex Trade .....................................................................6 Medieval Theories of Sexuality .................................................................................12 The Restriction and Regulation of Prostitution .........................................................16 Primary Sources: Secular and Ecclesiastical .............................................................25 2. LONDON AND PROSTITUTION ...........................................................................30 Structure and Governance in the City of London ......................................................32 Prostitution and the Legal Process .............................................................................42 Punishment .................................................................................................................53 Case Studies ...............................................................................................................60 3. SOUTHWARK AND PROSTITUTION ...................................................................68 Ecclesiastical Law and Sexual Offenses ....................................................................70 Ecclesiastical Court Structure and Governance .........................................................75 Southwark: Origins and Development .......................................................................80 vi Table of Contents (Continued) Page Customary Regulations ..............................................................................................86 Ramifications: Religious and Secular ......................................................................105 CONCLUSION ................................................................................................................112 APPENDICES .................................................................................................................119 A: Map of Greater Medieval London, c. 1300.............................................................120 B: Map of Bankside, c. 1500 .......................................................................................121 C: Manors of Southwark, c. 1550 ................................................................................122 BIBLIOGRAPHY ............................................................................................................123 vii CHAPTER ONE INTRODUCTION There is no smallest difference, truly, Between a wife who is of high degree, If of her body she dishonest be, And a poor unknown wench, other than this- If it be true that both do what’s amiss- The gentle woman, in her state above, She shall be called his lady, in their love; And since the other’s but a poor woman, She shall be called his wench or his leman, And God knows very well, my own dear brother, Men lay the one as low as lies the other.1 This passage from Chaucer’s The Manciple’s Tale demonstrates the English attitude toward women and sexuality. All women regardless of station could be deemed whores within society.2 The prestigious woman who used her body