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Crime, Gender and Social Order in Early Modern England

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Crime, Gender and Social Order in Early Modern England This page intentionally left blank Crime, Gender and Social Order in Early Modern England This is the first extended study of gender and crime in early modern England. It considers the ways in which criminal behaviour and perceptions of criminality were informed by ideas about gender and order, and explores their practical consequences for the men and women who were brought before the criminal courts. Dr Walker’s innovative approach demonstrates that, contrary to received opinion, the law was often structured so as to make the treatment of women and men before the courts incommensurable. For the first time, early modern criminality is explored in terms of masculinity as well as femininity. The household is shown to have a direct relation to the nature and reception of all sorts of criminal behaviour for men and for women. Illuminating the interactions between gender and other categories such as class and civil war have implications not merely for the historiography of crime but for the social history of early modern England as a whole. This study therefore goes beyond conventional studies of crime, and challenges hitherto accepted views of social interaction in the period. garthine walker is Lecturer in History, School of History and Archaeology, Cardiff University. Cambridge Studies in Early Modern British History Series editors anthony fletcher Victoria County History, Institute of Historical Research, University of London john guy Visiting Research Fellow, Clare College, Cambridge john morrill Professor of British and Irish History, University of Cambridge, and Vice-Master of Selwyn College This is a series of monographs and studies covering many aspects of the history of the British Isles between the late fifteenth century and the early eighteenth century. It includes the work of established scholars and pioneering work by a new generation of scholars. It includes both reviews and revisions of major topics and books, which open up new historical terrain or which reveal startling new perspectives on familiar subjects. All the volumes set detailed research into our broader perspectives and the books are intended for the use of students as well as of their teachers. For a list of titles in the series, see end of book. CRIME, GENDER AND SOCIAL ORDER IN EARLY MODERN ENGLAND GARTHINE WALKER Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge , United Kingdom Published in the United States by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521573566 © Garthine Walker 2003 This book is in copyright. Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published in print format 2003 ISBN-13 978-0-511-06786-0 eBook (EBL) ISBN-10 0-511-06786-0 eBook (EBL) ISBN-13 978-0-521-57356-6 hardback ISBN-10 0-521-57356-4 hardback Cambridge University Press has no responsibility for the persistence or accuracy of s for external or third-party internet websites referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. For Kevin CONTENTS List of figures and tables page xi Preface xiii Note on quotations and dates xv List of abbreviations xvi 1 Introduction 1 Histories of crime and gender 1 Household 9 The setting 13 The scope of this book 22 2 Men’s non-lethal violence 23 Measuring violence 24 Violence and manhood 33 Men’s violence against women 49 3 Voices of feminine violence 75 Modes of women’s violence 75 Women’s violence, men’s silence 81 Assertions of female force 86 Women beware women 96 Scolding 99 4 Homicide, gender and justice 113 Categories of culpability 114 Order, honour and the nature of man 116 Women, disorder and deeds against nature 135 5 Theft and related offences 159 Patterns of criminality 160 Before the courts 176 ix x Contents 6 Authority, agency and law 210 An elite mechanism 213 Plebeian use of the law 221 Resistance: forcible rescues 249 Popular resistance 262 7 Conclusion 270 Bibliography 280 Index 306 FIGURES AND TABLES FIGURES 3.1 Allegedly armed assailants page 79 3.2 Alleged victims of female assailants 80 4.1 Outcomes for defendants in homicide cases 135 4.2 Verdicts/sentences for homicide including infanticide 136 4.3 Punishments for homicide including infanticide 137 4.4 Verdicts/sentences for homicide excluding infanticide 137 4.5 Punishments for homicide excluding infanticide 137 4.6 Women’s methods of suicide 145 4.7 Men’s methods of suicide 145 4.8 Homicide weapons/methods 146 4.9 Outcomes for female defendants in infanticide cases 151 5.1 Women’s and men’s participation in property offences 160 5.2 Items stolen by women and men 162 5.3 Categories of prosecuted property offences 187 TABLES 2.1 Defendants in cases of non-lethal violence 25 5.1 Value of goods stolen by male and female defendants 161 xi PREFACE This book concerns the interactions of criminal behaviour, gender and so- cial order in early modern England – both the conceptual interactions of these categories and their practical implications for early modern women and men. The scope of such a project is potentially immense. One might in- corporate a history of the incidence and character of criminal acts, a history of criminal justice, a history of jurisprudence. Traditionally defined social and cultural history rubs shoulders with well-established legal history and political histories of local and central governance and polity, as well as with newer historiographies of gender. It is impossible to write a ‘total’ history, al- though my approach does not exclude new questions being asked by others. Even with all the materials we have to work with, so much will necessarily remain unsaid in any one account. I have tried, however, to weave disparate strands of various bodies of work into tableaux that reveal some of the tex- tures of early modern life. This study is in part a history of social meanings. It is also a study of the dynamics of social interaction and the role of gender as a dynamic force. It therefore offers more, I hope, than a conventional study of crime per se. It is nonetheless primarily written in dialogue with the historiography of the social history of early modern crime. This project has had a lengthy gestation. Like many first monographs, its origins lie in a Ph.D. thesis. But what you will read here is substantially different from my doctoral work on crime, gender and social order in early modern Cheshire. After being awarded my doctorate in 1994, I undertook a considerable amount of additional research, and almost the entire book has been written anew. Unhappily, my progress was hampered by the affliction of an illness that lasted for a period of years. There were moments when I despaired of ever being well enough to finish the book. However, in the autumn of 2000, I was able to recommence work in earnest on the project. During the chequered course of the book’s production, I have, inevitably, accrued many debts. First of all, thanks are due to my Ph.D. supervisors, Jenny Kermode and Brian Quintrell, from whose enthusiasm for my project and generosity with their time and expertise I benefited enormously. It was xiii xiv Preface their inspired undergraduate teaching, along with Mike Power’s, that origi- nally turned me into an early modernist. My doctoral work was funded by a postgraduate research grant from the University of Liverpool, and was as- sisted towards completion by the award of a Scouloudi Research Fellowship at the Institute of Historical Research, where I was thrilled to be accepted into a lively community of historians. My working life has been all the more gratifying as a result of the camaraderie of past and current colleagues in History Departments at the Universities of Liverpool, Warwick, and latterly Cardiff, which I joined in 1995. I am grateful to Caitlin Buck, Bernard Capp, Kate Chedgzoy, Andy Croll, Liz Foyster, Emma Francis, Laura Gowing, Tom Green, Pat Hudson, Bill Jones, Gwynfor Jones, Cheryl Koos, Tim Meldrum, Sara Mendelson, Frances Nerthercott, Diane Purkiss and Andy Wood for their ideas and enthusiasms in conversation and in their work. I owe a spe- cial debt to Anthony Fletcher, who has read the entire manuscript, for his personal and intellectual generosity. William Davies has been a patient editor. I should also like to thank the staff at the various repositories and libraries where I undertook research for their efficiency and good cheer. Thanks, too, to my family – Milly Walker, Colin Scott, Tom Walker, Colleen Walker, Matt Walker, Veronica Murphy, Noel Rubie, Lena Angelides, Nigel and Yasmin Gray, Gloria Passmore, and John and Jean Passmore – for their support over the years, which I appreciate more than they can know. During the writing of this book, my own household has expanded to include Joe and Emily Passmore, who have greatly enriched my life. But my greatest gratitude is reserved for Kevin Passmore, my husband, colleague, companion and best friend. He has been a pillar of strength during my illness, a perceptive critic of my work, a constant provider of intellectual stimulus, and much, much more besides. Without him, neither this book nor this author would be in their current shape, and that is why I am dedicating this book to him. garthine walker Cardiff NOTE ON QUOTATIONS AND DATES Quotations from original sources are given modern English spelling and punctuation, capitalisation has been standardised, and the abbreviations and contractions used by court clerks have been expanded.
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