» » Anne Orthwood's Bastard: Sex and Law in Early Virginia

Anne Orthwood's Bastard: Sex and Law in Early Virginia download epub

by John Ruston Pagan


Epub Book: 1931 kb. | Fb2 Book: 1395 kb.

This dissertation by law student John Ruston Pagan is a legal history of sexual mores in Colonial Virginia and an examination of the hybrid of English law and a fairly organized colonialized body of men who presided with an ability to rule without only prejudice.

This dissertation by law student John Ruston Pagan is a legal history of sexual mores in Colonial Virginia and an examination of the hybrid of English law and a fairly organized colonialized body of men who presided with an ability to rule without only prejudice. Pagan narrates through different chapters on the different people involved, but with little courtroom, literally rooms in an inn, drama, the narrative relies on biography of Orthwood, her paramour John Kendall, and others like their castoff son Jasper Orthwood, who is not a central subject throughout the book

Anne Orthwood's Bastard book.

Anne Orthwood's Bastard book. Contrary to what a reader might believe from the subtitle - Sex and Law in Early Virginia – the book is only partially about how the sex act (fornication) was treated under colonial criminal law. Pagan’s thesis is that colonial law diverged from English law because the colonial justices interpreted and applied civil and criminal law in their own economic, political, and social interests.

Anne Orthwood's Bastard was the winner of the 2003 Prize in Atlantic History, American . In 1663, an indentured servant, Anne Orthwood, was impregnated with twins in a tavern in Northampton County, Virginia. Orthwood died soon after giving birth; one of the twins, Jasper, survived.

Anne Orthwood's Bastard was the winner of the 2003 Prize in Atlantic History, American Historical Association. Orthwood's illegitimate pregnancy sparked four related cases that came before the Northampton magistrates - who coincidentally held court in the same tavern - between 1664 and 1686.

Over 14 million journal, magazine, and newspaper articles

John Stringer and the other four justices who adjudicated Waters v. Bishopp came from relatively humble backgrounds. Over 14 million journal, magazine, and newspaper articles.

In 1663, an indentured servant, Anne Orthwood, was impregnated with twins in a tavern in Northampton County . This scholarly work of legal history comes in a surprising package - a gripping tale of early Virginia families and early colonial life and the economy.

This scholarly work of legal history comes in a surprising package - a gripping tale of early Virginia families and early colonial life and the economy. What a great way to learn about the development of American laws and their foundations!! It is so well written that I didn't want it to end. 0. Report. Wonderful Snapshot of History and Law. By Thriftbooks. com User, February 22, 2003. Excellent, well-writen and very entertaining!

Anne Orthwood was a 24-year-old maidservant when she became pregnant with her illegitimate twins.

Anne Orthwood was a 24-year-old maidservant when she became pregnant with her illegitimate twins. The father was the nephew of a powerful Virginian politician who felt that Anne's pregnancy would tarnish his family's reputation

In 1663, an indentured servant, Anne Orthwood, was impregnated with twins in a tavern in Northampton County, Virginia  .

Early American Legal Historian John Ruston Pagan. However, the book introduces more people and legal cases than necessary. I wish it had focused more on the Orthwood/Kendell families and their affairs and less on supporting characters/people in their community. vonze, February 6, 2014.

Anne Orthwoods Bastard Sex and Law in Early Virginia.

In 1663, an indentured servant, Anne Orthwood, was impregnated with twins in a tavern in Northampton County, Virginia. Orthwood died soon after giving birth; one of the twins, Jasper, survived. Orthwood's illegitimate pregnancy sparked four related cases that came before the Northampton magistrates -- who coincidentally held court in the same tavern -- between 1664 and 1686. These interrelated cases and the decisions rendered in them are notable for the ways in which the Virginia colonists modified English common law traditions and began to create their own, as well as what they reveal about cultural and economic values in an Eastern shore community. Through these cases, the very reasons legal systems are created are revealed, namely, the maintenance of social order, the protection of property interests, the protection of personal reputation, and personal liberty. Through Jasper Orthwood's life, the treatment of the poor in small communities is set in sharp relief.

Comments: (7)

Hulbine
I like history books and enjoy the unusual angle which this author takes to discuss politics and culture in the early colonial period. The book is easy to read and generally kept my interest piqued. There were a few times where I felt that the author was rambling a bit and over analyzing a particular point but that never last for more than a couple of pages before it turned interesting again. One thing I had not anticipated is just how much the book focuses on law, including the development of common laws and statutes and discussion on how the local courts came to be, and how judges and jurors were selected, with lots of case examples used for context. Notwithstanding the title, I had not expected that law was the primary topic of the book, which it really is - the story of Anne Orthwood is more secondary.

Overall, I do feel this book added to my knowledge and understanding of the past in a way that other history books do not. It reinforced a lot of what I have already learned about the time period, and added other insight. For example, there was quite a bit (relatively speaking, given the small populations) of unmarried sexual encounters in 1600s, and often the fathers would deny paternity and (if the mother died or was poor) leave the child to be sent off to involuntary servitude while still an infant. So, in essence, lots of children grew up having no parents and no family to call their own - I had not thought of that happening in the late 1600's. Strange how men would place so much emphasis on family and religion, and at the same time completely abandon their own child because admitting to a sexual encounter with a lower class female would hurt their reputation.

Overall, highly recommended. While it was not a book that I 'could not put down'- it was one that I looked forward to reading each evening until I finished.
huckman
I read this book for a college class and, holy cow, is it good. Pagan uses a series of court cases arising from a tryst in early colonial Virginia to open a window into the culture then under construction. The colonial authorities either modified or enforced English law in a manner deemed appropriate for the new environment they found themselves in. How and why they did it is extremely fascinating. Pagan mentions in his conclusion that the underlying story is operatic in its dimensions and he isn't lying. The text is a slim 150 pages so this would be a perfect book to buy for people who want to introduce themselves or their lives ones to the joys of historical scholarship. It is interesting enough for the lay reader and meaty enough for professional historians.
Uthergo
I had to read this book for a constitutional history class in college. Unlike other history books this was an easy read. It's more of a narrative than fact after fact. The author strays off sometimes on things that don't seem so important. But the story is fascinating and I learned a lot about this time period. I'd recommend this book.
Vozilkree
This dissertation by law student John Ruston Pagan is a legal history of sexual mores in Colonial Virginia and an examination of the hybrid of English law and a fairly organized colonialized body of men who presided with an ability to rule without only prejudice. Pagan narrates through different chapters on the different people involved, but with little courtroom, literally rooms in an inn, drama, the narrative relies on biography of Orthwood, her paramour John Kendall, and others like their castoff son Jasper Orthwood, who is not a central subject throughout the book. He is an afterthought, based on Pagan’s analysis of legal sensibilities in the 17th century more than personal plight.
Orthwood came from England, was indentured and was in a contemporary fit when she met Kendall during only one weekend in eastern Virginia. What would become of Kendall becomes the prominent emphasis, because Orthwood would die of complications a few days after her son was born but Kendall had his prominent uncle’s reputation to confront. Lieutenant Colonel William Kendall was typical in his roll of wanting to protect his nephew’s image because it was his own by extension. However, the 17th century was, although pure regarding bastard births, tainted in regards to shotgun weddings. “Pre-marital sex was common,” Pagan writes, reporting that a quarter of all marriages involved pregnant women. “Only 1-2 percent of births occurred out of wedlock.”
The conflict within the court was based on two different Latin terms, not worth repeating here, but they represented a seller’s rights versus a buyer’s. Waters vs. Bishopp was a case of connected landowner versus a poor trader, with Waters thought to be enabled by his status among the “JP”s. But the case went to a jury, which stood to benefit the poorer Bishopp, the seller of a product that “to my knowledge” was ready for the work she was being sold to do. It is a primitive question, and somewhat a shame that even back then the legal system had to rule with certainty that which could not be determined with certainty. Bishopp maintained that he had no knowledge that he was selling the indenture of a pregnant woman. When Orthwood delivered her twins, only one surviving, only eight months after the days she confessed to having been with Kendall, the court was led to believe that Bishopp should have been more considerate of the “goods” he was trafficking. As Pagan concludes, Virginians wanted to trust in what they were buying, fading away from the scrupulous “buyer beware” precedent. Again, this was the focus of the study, not actually the mother or the son, but who could loosely be considered their “owners”.
The book had a novelty quality too, mostly based on various instances of laws against fornication. “Dressed in a white sheet and carrying a white rod, the offender had to confess before the congregation during service time on Sunday or a holiday. Failure to perform … resulted in excommunication.” Lawyers are legitimate in the book, if present. Here is one instance of medical quackery on page 52: “Roger and Anne Moy had to bind themselves into servitude to pay [Dr.] Stringer’s 1,200 pound bill” for a cure upon both of their bodies. “(The patients survived the cure but came to a bad end anyway: in 1653, Anne was sentenced to death for murdering Roger.)”
Yojin
Who would have guessed that Colonial Virginia was one giant daytime television show? It's amazing that the Victorians managed to pretend that respectable people weren't interested in sex. This book is a great reminder of the opposite --before them and after them it was a gigantic aspect of visible society.
Danrad
Provided unknown to me early history of colonial Virginia.
Sharpmane
Very interesting .... allows the careful reader to draw parallels between the politics and society of the Orthwood case and recent political efforts to control social behavior, especially that of women.
This is a well researched and well written book. A tiny slice of Virginia history that will appeal to serious historians.
Anne Orthwood's Bastard: Sex and Law in Early Virginia download epub
Americas
Author: John Ruston Pagan
ISBN: 0195144783
Category: History
Subcategory: Americas
Language: English
Publisher: Oxford University Press (November 28, 2002)
Pages: 232 pages