In 1782, Sir Francis Buller (1630 – 82) earned the nickname ‘Judge Thumb’ when he ruled a husband could beat his wife with a stick as long as it was no thicker than his thumb. One hundred and twenty years ago, it was still legal for your husband to beat you.
John More published The Lawes Resolution of Women’s Rights of the Lawe’s Provision for Women in 1632, it was the first book published since antiquity to define women’s rights. It more or less stated that women had no legal rights. ‘Women have nothing to do in constituting laws (sic), or consenting to them.’ It furthermore states ‘If a man beat an outlaw, a traitor, a pagan...or his wife, it is dispunishable(sic), because by the Law Common, these persons can have no action.’
The Reverend George Bird (poet and vicar) who lived from 1858 – 1941 stated that ‘It is a man’s duty to rule his own household; and if his wife refuse to obey his orders, he is justified, according to the law of God, in beating her in order to enforce obedience.’ Although the beating of women by their husbands had been abolished by Common Law, the law of God apparently still allowed it. The Common law regarding the beating or corporal punishment of prisoners (including female prisoners) was only abolished in 1948.
The contents of PIMM’s latest contribution are ordered in categories such as domestic violence, sexual abuse, whipping, burned alive and many more. It is the only way to order such an enormous litany of abuse, spanning centuries and including all the ways and methods in which women were abused. Other categories include hanging, witchcraft, transportation and ends with the growing distaste in the legal system in the twentieth century and the abolition of corporal punishment.
The last woman to be killed for witchcraft was Ann Turner, who was murdered by the village idiot in 1875. At 80 years old in September 1875, she left her house to buy a loaf of bread. On her way back, James Hayward attacked her with a pitchfork, stabbing her in the legs and head.
At trial (such as it was), he claimed Ann was a witch and that there were other witches in the village whom he intended to deal with in the same way. He was found not guilty by reason of insanity and sentenced to spend the rest of his life in Broadmoor Criminal Lunatic Asylum.
By all indications, Ann got off lightly.
Witches were usually burned at the stake, and an estimated 100 000 people were burned or otherwise killed for witchcraft between the 15th and 18th centuries in western Europe, 80% of them were women.
Sexual abuse was rife, and rape was excused if the woman became pregnant. Law or Discourse Therof by Sir Henry Finch in 1627 states ‘Rape is the carnal abusing of a woman against her will. But if the woman conceive upon any carnal abusing of her, that is no rape, for she cannot conceive unless she consent.’
It beggars belief, but there it is.
Furthermore, a woman could not be raped by her husband for ‘by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract.’ – High Court Judge Sir Matthew Hale 1609-76. This belief persisted into modern times that an unwilling woman could not be raped. Perhaps her vagina would remain closed due to her virtue. Until the 1970’s the police in the UK routinely asked women who reported rape whether or not they had climaxed. The insinuation being that if you had climaxed, you were a willing participant or had asked for it.
PIMM quotes a plethora of cases of child rape and as it is sadly remains, paedophilia was rife. One Francis Hays was tried for the rape of two children in 1761, both were girls. Mary Swan was aged 8 years old and Anne Lemman was 7 years old. Hays was found guilty and sentenced to six months imprisonment for each offence, to stand in the pillory and to give £100 surety for his good behaviour for three years. (Public Ledger or The Daily Register of Commerce and Intelligence, 8 Jan 1761)
The author quotes from an elaborate number of sources making this a premium research book for history students. He includes ten appendices ranging from poems of the day to a list of slang terms for women, to a list of women burned at the stake between 1721 – 1789 in England. There is also an index, bibliography and numerous plates relating to the various chapters.
All told, I found this book incredibly interesting, well written and well researched. I recommend it highly. I rate this book 5 stars and thank the Pen and Sword Publishers for the copy.