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Introduction 1 Law, Literature, Sodomy, and Royal Navy Officers

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Introduction 1 Law, Literature, Sodomy, and Royal Navy Officers Notes Introduction 1. On rare occasions women served in the navy disguised as men. The number who did so is not known, but it is unlikely it could have been statistically significant. Wives of commissioned officers and warrant officers also sailed on board warships from time to time, but were not counted as naval personnel (see Chapter 4). 2. Philip Jenkins, Moral Panic: Changing Concepts of the Child Molester in Modern America (New Haven: Yale University Press, 1998), xi–xii. See also David M. Halperin, How to Do the History of Homosexuality (Chicago: University of Chicago Press, 2002), 63, 71–2, 106, et passim. 3. N. A. M. Rodger, The Wooden World: An Anatomy of the Georgian Navy (London: Collins, 1986), 16, 26. 4. David Cressy, Travesties and Transgressions in Tudor and Stuart England (New York: Oxford University Press, 2000), 26; G. R. Elton, Star Chamber Stories (London: Methuen, 1958), 10. 5. G. S. Rousseau, “The Pursuit of Homosexuality in the Eighteenth Century: ‘Utterly Confused Category’ and/or Rich Repository?” Eighteenth–Century Life 9 (May 1985): 132. 1 Law, Literature, Sodomy, and Royal Navy Officers 1. ADM 1/5376 (Graham court martial, 9 December 1806). 2. The court martial record, ADM 1/5376, mentions An Act of Parliament made and passed in the twenty-second year of the reign of His Majesty King George the Second entitled An Act for Amending, Explaining and Reducing into Act of Parliament the Laws Relating to the Government of His Majesty’s Ships, Vessels, and Forces by Sea (22 Geo. II c. 33). Graham was actually tried under a later, amended version of the Articles adopted in 1779 (19 Geo. III c. 17). The alter- ations under George III in any case would not have affected Graham’s court martial or sentence. They left untouched articles two and twenty-nine dealing with sex offenses. For a complete text of the Articles of War enacted under George II and the amendments added under George III see Anno Regni Georgii II … At the Parliament Begun and Holden at Westminster the Tenth Day of November, Anno Dom. 1747 in the Twenty-first Year of the Reign of Our Sovereign Lord George the Second … An Act for Amending, Explaining, and Reducing into One Act of Parliament, the Laws Relating to the Government of His Majesty’s Ships, Vessels, and Forces by Sea. Also an Act Made in 19 Geo. III to Explain and Amend the Said Act (London: Charles Eyre, 1794). There were at least six measures dealing with naval discipline passed during the reigns of Charles II, William and Mary, Anne, George I, and George II that were consolidated into 22 Geo. II. c. 33, 3–4; John D. Byrn, Crime and Punishment in the Royal Navy: Discipline on 176 Notes 177 the Leeward Islands Station, 1784–1812 (Aldershot, UK: Scholar, 1989), 66–7; Old Quartermaster [John Bechervaise] Thirty-six Years of a Seafaring Life (Portsea, U. K.: Woodward, 1839), 125–7; John Harvey Boteler, Recollections of My Sea Life from 1808–1830, ed. David Bonner-Smith, vol. 82, Publications of the Navy Records Society, (London: Navy Records Society, 1942), 115; William P. Cumby, “Orders and Regulations for the Government and Discipline of His Majesty’s Ship Hyperion, William Pryce Cumby, Captain,” in H. G. Thursfield, ed., Five Naval Journals, 1789–1817, vol. 91, Publications of the Navy Records Society (London: Navy Records Society, 1951), 89; Jacob Nagle, The Nagle Journal: A Diary of the Life of Jacob Nagle, Sailor, from the Year 1775–1741, ed., John C. Dann (New York: Weidenfield and Nicolson, 1988), 211; G[eorge] Thompson, Torbay, to Mrs. Thompson, London, 9 September 1797, in Thursfield, Five Naval Journals, 357. 3. Ed Cohen, “Legislating the Norm: From Sodomy to Gross Indecency,” South Atlantic Quarterly 88 (Winter 1989): 185; Michael Goodich, The Unmentionable Vice: Homosexuality in the Later Medieval Period (Santa Barbara, CA: ABC Clio, 1979), xii, 7–9; Cynthia B. Herrup, A House in Gross Disorder: Sex, Law, and the 2nd Earl of Castlehaven (New York: Oxford University Press, 1999), 53. On the early fourteenth century trials of the Knights Templar, see Anne Gilmour- Bryson, “Sodomy and the Knights Templar,” Journal of the History of Sexuality 7 (October 1996): 151–83. For the bill of accusations levied against the Templars see B. R. Burg, ed., Gay Warriors: A Documentary History from the Ancient World to the Present (New York: New York University Press, 2002), 89–102. 4. 25 Henry VIII, c. 6. 5. Ibid.; 28 Henry VIII, c. 6; 31 Henry VIII, c. 7; 33 Henry VIII, c. 7, 28–9. 6. A. D. Harvey, Sex in Georgian England: Attitudes from the 1720s to the 1820s (London: Duckworth 1994), 136. See also the anonymously written Plain Reasons for the Growth of Sodomy in England: To Which Is Added the Petit Maitre, an Odd Sort of Unpoetical Poem in the Trolly-lolly Style (London: A. Dodd and E. Nutt [1730?]). The last execution for sodomy in England was probably in 1835 (Nicholas C. Edsall, Toward Stonewall: Homosexuality and Society in the Modern Western World [Charlottesville, VA: University of Virginia Press, 2003], 62). In 1861, life sentences for sodomy were substituted for the death penalty, and a quarter of a century later, in the “Criminal Law Amendment Act,” that the penalty was reduced to two years at hard labor for those convicted of what was relabeled “gross indecency with another male person.” It was under this new act that Oscar Wilde was convicted in 1895 (Cohen, “Legislating the Norm,” 183; H. Montgomery Hyde, The Cleveland Street Scandal [New York: Coward, McCann, 1976], 15–18; Roy Porter and Leslie Hall, The Facts of Life: The Creation of Sexual Knowledge in Britain, 1650–1950 [New Haven: Yale University Press, 1995], 224–5). 7. Burg, “Ho Hum, Another Work of the Devil: Buggery and Sodomy in Early Stuart England,” Journal of Homosexuality 6 (Fall/Winter 1980/81): 69–78; Cohen, “Legislating the Norm,” 185–7; Edward Coke, The Third Part of the Institutes of the Laws of England Concerning High Treason and other Pleas of the Crown, and Criminal Cases (London: s. n., 1648), Chapter 10, 59; Coke, Reports of Sir Edward Coke. Diverse Resolutions and Judgments Given upon Solemn Arguments, and with Great Deliberation and Conference with the Learned Judges in 178 Notes Cases of Law (London: Henry Twyford and Thomas Dring, 1658), 36–7; Netta Murray Goldsmith, The Worst of Crimes: Homosexuality and the Law in Eighteenth-Century London (Aldershot, U. K.: Ashgate, 1998), 36–7; Herrup, House in Gross Disorder, 27–8, 34–5; 25 Henry VIII c. 6; 2 and 3 Edward VI, c. 17; 5 Elizabeth I, c. 17; Harvey, Sex in Georgian England, 122–3; Rictor Norton, Mother Clap’s Molly House: The Gay Subculture in England, 1700–1830 (London: Gay Men’s Press, 1992), 15–16; Leon Radzinowicz, The Movement for Reform, vol. 1, A History of English Criminal Law and Its Administration from 1750 (London: Stevens and Sons, 1948), 632; Randolph Trumbach, Sex and the Gender Revolution, vol. 1, Heterosexuality and the Third Gender in Enlightenment London (Chicago: University of Chicago Press, 1998), 91. For discussion of the differences in the various pieces of Tudor anti-sodomy legislation, see Bruce R. Smith, Homosexuality in Shakespeare’s England (Chicago: University of Chicago Press, 1991), 45–8, 51–2. 8. Coke, Institutes, Chapter 10, 59. 9. Ibid., passim; Coke, Reports, 36–7. 10. Ibid., 36; Daniel Defoe, “The True-Born Englishman: A Satyr,” in vol. 2, Poems on Affairs of State: Augustan Satirical Verse, 1660–1714, ed. Frank H. Ellis (New Haven: Yale University Press, 1970), 2: 268; Markus Eder, Crime and Punishment in the Royal Navy of the Seven Years’ War, 1755–1763 (Burlington, VT: Ashgate, 2004), 111–2; [Anon.], Plain Reasons for the Growth of Sodomy; Goodich, The Unmentionable Vice, 3. Not surprisingly, Spaniards saw other nations as nurseries of sodomy (Fredrico Garza Carvajal, Butterflies Will Burn: Persecuting Sodomites in Early Modern Spain and Mexico [Austin, TX: University of Texas Press, 2003], 9). 11. William Blackstone, Ehrlich’s Blackstone, ed. J. W. Ehrlich (New York: Capricorn Books, 1959), 2: 408; William Eden, Principles of Penal Law (London: B. White and T. Cadell, 1771), 2: 242; Matthew Hale, Historia Placitorum Coronae: The History of the Pleas of the Crown (Dublin: E. Lynch, 1778), 1: 628. 12. Ibid., 1: 635. 13. Blackstone, Ehrlich’s Blackstone, 2: 408. 14. The book went through five editions in the nineteen years from its first publication in 1621 to Burton’s death in 1640. Four more editions were published in the seventeenth century, the last appearing in 1676 (Holbrook Jackson, “Introduction to the 1932 Edition,” [New York: New York Review of Books, 2001], xxv, pt. 1, 178, 197, 233–4, 300–29, 419, pt. 3, 39, 244). 15. William Pyrnne, Histrio-Mastics: The Players Scourge (London: Michael Sparks, 1633), 75–6, 546. 16. David Cressy, Travesties and Transgressions in Tudor England (New York: Oxford University Press,1996) 101, 213, 214. 17. The new phenomenon was not confined to London and smaller English cities. It appeared in Paris and Amsterdam at about the same time. By the 1780s, there was an established subculture in Berlin as well (Edsall, Towards Stonewall, 10, 11, 13, 14, 17, 33). 18. Scholars most prominent among those studying the emergence and expansion of London’s molly subculture include Alan Bray, Rictor Norton, G. S. Rousseau, Antony Simpson, and Randolph Trumbach. Their works are too numerous to list here, but all subscribe in some measure to the position Notes 179 that the creation or emergence of a conspicuous homoerotic sexual identity modified perceptions of heterosexuality, encouraged a level of insecurity and trepidation in the general male population, and generated a reaction against mollies.
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