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Women in Chancery: an Analysis of Chancery As a Court of Redress for Women in Late Seventeenth Century England

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Women in Chancery: an Analysis of Chancery As a Court of Redress for Women in Late Seventeenth Century England The University of Hull The National Archives The Arts and Humanities Research Council Women in Chancery: An Analysis of Chancery as a Court of Redress for Women in Late Seventeenth Century England Being a thesis submitted for the degree of Doctor of Philosophy The University of Hull and The National Archives by Charlotte Garside (BA, MA) 201007894 June 2019 1 Contents Page List of Tables……………………………………………………………………………………………...…..4 List of Figures…………………………………………………………………………………………………4 List of Abbreviations………………………………………………………………………………...…….7 Acknowledgements and Dedication ………………………………………………………………...8 Abstract………………………………………………………………………………………………………..11 1. Introduction………………………………………………………………………………………….…12 1.1 The Court of Chancery…………………………………………………………………………..…16 1.2 Methodology……………………………………………………………………………………………26 2. Literature Review: Women and the Law in Early Modern England…….....43 2.1 The Female Legal Experience…………………………………………………………………...43 2.2 Female Legal Knowledge……………………………………………………………………….…48 2.3 Quantitative Historiography.................................................................................................65 3. Quantitative Analysis: Women in Chancery…………………………………………....74 3.1 Plaintiffs……………………………………………………………………………………………….…75 3.2 Defendants………………………………………………………………………………………….…..86 3.3 Depositions…………………………………………………………………………………………..…92 3.4 Types of Suits……………….………………………………………………………………………....94 3.5 Conclusion…………………………………………………………………………………………….100 4. The Experience of Singlewoman in Chancery………………………………………105 4.1 Secondary Literature, Statistics and Terminologies: Singlewomen in Seventeenth-Century England…………………………………………………………….…….…105 4.2 The Case of Tancred v. Tancred……………………………………………………..……….110 4.3 Independent Singlewomen……………………………………………….…………………....114 4.4 Singlewomen and Co-Litigation……………………………………………………..……….127 4.5 Spinsters in Chancery…………………………………………………………………………….133 2 4.6 Singlewomen Alone in Chancery………………………………………………………….…136 4.7 Conclusion…………………………………………………………………………………….………142 5. To Have and To Hold: The Married Woman, Coverture and Possession in the Court of Chancery……………………………………………………………………..………...146 5.1 Historiographical Context………………………………………………………………….......146 5.2 The Husband and Wife in Chancery.……………………………………………………….154 5.3 Coverture: A Legal Fiction?.……………………………………………………………………163 5.4 Marriage Settlement Cases…………………………………………………..…………………172 5.5 Conclusion…………………………………………………………………………………………….193 6. Widows in Chancery: Knowledge, Responsibility and Authority …..…….197 6.1 A Widow’s Knowledge.…………………………………………….…………………………….200 6.2 Familial Responsibility: Duties, Dependants and Remarriage.…………….……205 6.3 Perceptions of Self v. Society: Social Authority in Widowhood.…………..…….230 6.4 Conclusion.…………………………………..………………………………………………………..248 7. Women’s Experience in Chancery: Two Case Studies.………………….……….252 7.1 Gee v. Hotham….…………………………………………………………………………..………..253 7.2 Bubwith v. Shaw.………………………………………………………………………….……..…270 7.3 Conclusion….……………………………………………………………….……………...…………280 8. Conclusion: The Late Seventeenth-Century Chancery, a Court of Redress for Women?.………………………………………………………………………………………….......283 Bibliography……………………………………………………………………………………………….290 3 List of Tables Table 1 Codes used within the sample database ………………………………………...………………33 List of Figures Fig. 1 Example of a good repair on a Chancery bill of complaint, front and back (TNA C7/326/41) …………………...……………………………………………………..................................38 Fig. 2 Example of multiple sections of vellum stitched together to enlarge a Chancery bill of complaint (TNA C7/326/41) ……………….……………………………………………....39 Fig. 3 The proportion of SFP, JFP, and MFJP categorised cases …………………………………76 Fig. 4 The proportion of named female plaintiffs categorised as SFP, JFP, and MFJP …77 Fig. 5 How named female plaintiffs recorded as widows appeared in the Court of Chancery – SFP, JFP or MFJP ………………………………………………………………………...81 Fig. 6 How named female plaintiffs with no recorded marital status appeared in the Court of Chancery – SFP, JFP, or MFJP …………………………………………………………...82 Fig. 7 The marital status of named female plaintiffs in the Court of Chancery …………...84 Fig. 8 The marital status of named female plaintiffs acting as MFJPs ………………………..85 4 Fig. 9 The marital status of named female defendants acting as MFJDs …………………….86 Fig. 10 The marital status of named female defendants ……………………………………………..87 Fig. 11 The proportion of named female defendants categorised as SFD, JFD, and MFJD …………………………………………………………………………………………………………………….89 Fig. 12 How named female defendants recorded as widows appeared in the Court of Chancery – SFD, JFD, or MFJD ………………………………………………………………………90 Fig. 13 How named female defendants with no recorded marital status appeared in the Court of Chancery – SFD, JFD, or MFJD …………………………………………………………..91 Fig. 14 The types of cases named female litigants (plaintiffs and defendants) were involved in ……..…………………………………………………………………………………………….97 Fig. 15 What types of cases named female plaintiffs were involved in, broken down by how they appeared in the Court of Chancery – SFP, JFP, or MFJP …………………...98 Fig. 16 What types of cases named female defendants were involved in, broken down by how they appeared in the Court of Chancery – SFD, JFD, or MFJD …………………..98 Fig. 17 5 How named female plaintiffs involved in ‘property and land’ cases appeared in the Court of Chancery – SFP, JFP, or MFJP ……………………….……………………………99 Fig. 18 How named female defendants involved in ‘property and land’ cases appeared in the Court of Chancery – SFD, JFD, or MFJD ……………………………………………………..99 Fig. 19 Elizabeth Fowler, ‘Cookery Book also containing medical receipts, sermons, a hymn and a poem’ (1684), Perdita MS V.a.468, p. 2 ……………………………………...151 Fig. 20 The marital status of all named female litigants in the Court of Chancery (plaintiffs and defendants) ...……………………………………………………………………….158 Fig. 21 How cases in which widows were named as defendants were brought into the late seventeenth century Court of Chancery; by women (SFP and JFP), men and women acting together (MFJP), or exclusively by men (Male P) ……………………231 Fig. 22 How cases with MFJD widows were brought into the late seventeenth century Court of Chancery; by women (SFP and JFP), men and women acting together (MFJP), or exclusively by men (Male P) ………………………………………………………..232 Fig. 23 How male and male and female joint (MFJ-) plaintiffs brought cases into the late seventeenth century Court of Chancery against widows; against widows in conjunction with male co-defendants (MFJD), with female co-defendants (JFD), or alone (SFD) ……………………………………………………………………………………………232 6 List of Abbreviations Repositories CCA – Canterbury Cathedral Archives HHC – Hull History Centre FTNA – Friends of The National Archives TNA – The National Archives Litigants JFP – Joint Female Plaintiff JFD – Joint Female Defendant MFJP – Male Female Joint Plaintiff MFJD – Male Female Joint Defendant No MS – No Marital Status (Singlewomen) Male P – Exclusively Male Plaintiff(s) SFP – Sole Female Plaintiff SFD – Sole Female Defendant 7 Acknowledgements I extended my sincerest thanks to the Arts and Humanities Research Council for seeing the value in, and need for, studying the history of women, and funding this PhD project. Without their support of humanities students, many fascinating and important research projects would never happen. I would like to thank everyone at The National Archives (TNA). Everyone there was always so kind, and generous with their time. A very special thank you is due to Dr Andrew Little, who very kindly translated some documents for me that were written in Dutch. The biggest thank you for a specific member of the TNA team has to go to the wonderful Liz Hore. Liz’s constant help, her hugely impressive knowledge of the Court of Chancery and the legal archive, and her willingness to go the extra mile made the research of this PhD possible. I owe her a huge debt. To everyone in the History Department of the University of Hull – thank you! Your teaching, support, encouragement and guidance made me a curious and passionate lover of History. I would not be where, or who, I am today without being a part of this department from a nervous undergrad in September 2010, up until now. I have been very fortunate to have excellent supervision throughout the PhD process. Firstly, thank you to Prof Peter Wilson, who left Hull to take up a position at Oxford during the first year of my PhD, but provided excellent guidance in those early, formative months. A massive thank you to Dr Briony McDonagh, whose insightful and committed supervision vastly improved my PhD experience, research and thesis. Thanks also to Dr Amanda Bevan – Dr Bevan has been extremely busy over the course of my PhD, but still always made time for me and my work. She has been a truly brilliant supervisor. The PhD experience has all the ingredients of a very lonely journey, but I was lucky enough to make some friends along the way who I now consider friends for 8 life. They got me through the everyday highs and lows of postgraduate life, and I could not have done it without them. Similarly, none of this would have been possible without my wonderful, loving, supportive family. Thank you to Kate and John Garside, whose unwavering support, love, generosity and belief drives me forward. Thank you to Georgia Garside, my sister and best friend. A special thank you to Thomas Broderick, not only has he held my hand through all of this, seen me through my very best and worst moments, but he even
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