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Author | : Elaine Forman Crane |
Publisher | : Cornell University Press |
Total Pages | : 289 |
Release | : 2011-10-15 |
Genre | : History |
ISBN | : 0801462746 |
The early American legal system permeated the lives of colonists and reflected their sense of what was right and wrong, honorable and dishonorable, moral and immoral. In a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law. As trials throughout the country reveal, alleged malefactors such as witches, wife beaters, and whores, as well as debtors, rapists, and fornicators, were as much a part of the social landscape as farmers, merchants, and ministers. Ordinary people "made" law by establishing and enforcing informal rules of conduct. Codified by a handshake or over a mug of ale, such agreements became custom and custom became "law." Furthermore, by submitting to formal laws initiated from above, common folk legitimized a government that depended on popular consent to rule with authority. In this book we meet Marretie Joris, a New Amsterdam entrepreneur who sues Gabriel de Haes for calling her a whore; peer cautiously at Christian Stevenson, a Bermudian witch as bad "as any in the world;" and learn that Hannah Dyre feared to be alone with her husband—and subsequently died after a beating. We travel with Comfort Taylor as she crosses Narragansett Bay with Cuff, an enslaved ferry captain, whom she accuses of attempted rape, and watch as Samuel Banister pulls the trigger of a gun that kills the sheriff's deputy who tried to evict Banister from his home. And finally, we consider the promiscuous Marylanders Thomas Harris and Ann Goldsborough, who parented four illegitimate children, ran afoul of inheritance laws, and resolved matters only with the assistance of a ghost. Through the six trials she skillfully reconstructs here, Crane offers a surprising new look at how early American society defined and punished aberrant behavior, even as it defined itself through its legal system.
Author | : Jessica Malay |
Publisher | : Stanford University Press |
Total Pages | : 177 |
Release | : 2014-01-29 |
Genre | : Biography & Autobiography |
ISBN | : 0804790604 |
The centerpiece of The Case of Mistress Mary Hampson is the autobiographical narrative of a 17th-century woman in an abusive and violent marriage. Composed at a time when marital disharmony was in vogue with readers and publishers, it stands out from comparable works, usually single broadsheets. In her own words, Mary recounts various dramatic and stressful episodes from her decades-long marriage to Robert Hampson and her strategies for dealing with it. The harrowing tale contains scenes of physical abuse, mob violence, abandonment, flight, and destitution. It also shows moments of personal courage and interventions on the author's behalf by friends and strangers, some of whom are subject to severe reprisals. Mary wrote her story to come to terms with her situation, to justify her actions, and to cast herself in a virtuous light. The accompanying discussion of her life, drawn from other sources, provides chilling evidence of the vulnerability of seventeenth-century women and the flawed legal mechanisms that were supposed to protect them. Readers are also invited to consider in what ways the self-portrait is accurate and what elements of it may be considered fabrication. Malay's archival efforts have thus rescued a compelling and complicated voice from the past.
Author | : Ashley Baggett |
Publisher | : Univ. Press of Mississippi |
Total Pages | : 225 |
Release | : 2017-10-13 |
Genre | : History |
ISBN | : 1496815246 |
Ashley Baggett uncovers the voices of abused women who utilized the legal system in New Orleans to address their grievances from the antebellum era to the end of the nineteenth century. Poring over 26,000 records, Baggett analyzes 421 criminal cases involving intimate partner violence—physical or emotional abuse of a partner in a romantic relationship—revealing a significant demand among women, the community, and the courts for reform in the postbellum decades. Before the Civil War, some challenges and limits to the male privilege of chastisement existed, but the gendered power structure and the veil of privacy for families in the courts largely shielded abusers from criminal prosecution. However, the war upended gender expectations and increased female autonomy, leading to the demand for and brief recognition of women's right to be free from violence. Baggett demonstrates how postbellum decades offered a fleeting opportunity for change before the gender and racial expectations hardened with the rise of Jim Crow. Her findings reveal previously unseen dimensions of women's lives both inside and outside legal marriage and women's attempts to renegotiate power in relationships. Highlighting the lived experiences of these women, Baggett tracks how gender, race, and location worked together to define and redefine gender expectations and legal rights. Moreover, she demonstrates recognition of women's legal personhood as well as differences between northern and southern states' trajectories in response to intimate partner violence during the nineteenth century.
Author | : Thomas A. Foster |
Publisher | : University of Georgia Press |
Total Pages | : 193 |
Release | : 2019-05-01 |
Genre | : Social Science |
ISBN | : 0820355224 |
Rethinking Rufus is the first book-length study of sexual violence against enslaved men. Scholars have extensively documented the widespread sexual exploitation and abuse suffered by enslaved women, with comparatively little attention paid to the stories of men. However, a careful reading of extant sources reveals that sexual assault of enslaved men also occurred systematically and in a wide variety of forms, including physical assault, sexual coercion, and other intimate violations. To tell the story of men such as Rufus-who was coerced into a sexual union with an enslaved woman, Rose, whose resistance of this union is widely celebrated-historian Thomas A. Foster interrogates a range of sources on slavery: early American newspapers, court records, enslavers' journals, abolitionist literature, the testimony of formerly enslaved people collected in autobiographies and in interviews, and various forms of artistic representation. Foster's sustained examination of how black men were sexually violated by both white men and white women makes an important contribution to our understanding of masculinity, sexuality, the lived experience of enslaved men, and the general power dynamics fostered by the institution of slavery. Rethinking Rufus illuminates how the conditions of slavery gave rise to a variety of forms of sexual assault and exploitation that affected all members of the community.
Author | : Elaine Forman Crane |
Publisher | : Cornell University Press |
Total Pages | : 315 |
Release | : 2018-05-15 |
Genre | : History |
ISBN | : 1501721321 |
An accusation of attempted murder rudely interrupted Mary Arnold’s dalliances with working men and her extensive shopping sprees. When her husband Benedict fell deathly ill and then asserted she had tried to kill him with poison, the result was a dramatic petition for divorce. The case before the Rhode Island General Assembly and its tumultuous aftermath, during which Benedict died, made Mary a cause célèbre in Newport through the winter of 1738 and 1739. Elaine Forman Crane invites readers into the salacious domestic life of Mary and Benedict Arnold and reveals the seamy side of colonial Newport. The surprise of The Poison Plot, however, is not the outrageous acts of Mary or the peculiar fact that attempted murder was not a convictable offense in Rhode Island. As Crane shows with style, Mary’s case was remarkable precisely because adultery, criminality and theft, and even spousal homicide were well known in the New England colonies. Assumptions of Puritan propriety are overturned by the facts of rough and tumble life in a port city: money was to be made, pleasure was to be had, and if marriage became an obstacle to those pursuits a woman had means to set things right. The Poison Plot is an intimate drama constructed from historical documents and informed by Crane’s deep knowledge of elite and common life in Newport. Her keen eye for telling details and her sense of story bring Mary, Benedict, and a host of other characters—including her partner in adultery, Walter Motley, and John Tweedy the apothecary who sold Mary toxic drugs—to life in the homes, streets, and shops of the port city. The result is a vivid tale that will change minds about life in supposedly prim and proper New England.
Author | : Hannah Whitman Heyde [1823-1908] |
Publisher | : Rutgers University Press |
Total Pages | : 149 |
Release | : 2021-12-10 |
Genre | : Literary Collections |
ISBN | : 168448362X |
The correspondence of Hannah Whitman Heyde (1823-1908), younger sister of poet Walt Whitman, provides a rare glimpse into the life of a nineteenth-century woman. Married to well-known Vermont landscape artist Charles Louis Heyde (1820-1892), Hannah documented in letters to her mother, Louisa Van Velsor Whitman (1795-1873), and other family members, her lived experience of ongoing physical and emotional abuse at the hands of her husband. Hannah has long been characterized in biographical and scholarly studies of Whitman’s family as a neurotic and a hypochondriac—a narrative promulgated by Heyde himself—but Walt Whitman carefully preserved his sister’s letters, telling his literary biographer that his intention was to document her plight. Hannah’s complete letters, gathered here for the first time and painstakingly edited and annotated by Maire Mullins, provide an important counternarrative, allowing readers insight into the life of a real nineteenth-century woman, sister, and wife to famous men, who endured and eventually survived domestic violence.
Author | : Margaret Manchester |
Publisher | : Routledge |
Total Pages | : 235 |
Release | : 2019-05-31 |
Genre | : History |
ISBN | : 0429619901 |
Puritan Family and Community in the English Atlantic World examines the dynamics of marriage, family and community life during the "Great Migration" through the microhistorical study of one puritan family in 1638 Rhode Island. Through studying the Verin family, a group of English non-conformists who took part in the "Great Migration", this book examines differing approaches within puritanism towards critical issues of the age, including liberty of conscience, marriage, family, female agency, domestic violence, and the role of civil government in responding to these developments. Like other nonconformists who challenged the established Church of England, the Verins faced important personal dilemmas brought on by the dictates of their conscience even after emigrating. A violent marital dispute between Jane and her husband Joshua divided the Providence community and resulted, for the first time in the English-speaking colonies, in a woman’s right to a liberty of conscience independent of her husband being upheld. Through biographical sketches of the founders of Providence and engaging with puritan ministerial and prescriptive literature and female-authored petitions and pamphlets, this book illustrates how women saw their place in the world and considers the exercise of female agency in the early modern era. Connecting migration studies, family and community studies, religious studies, and political philosophy, Puritan Family and Community in the English Atlantic World will be of great interest to scholars of the English Atlantic World, American religious history, gender and violence, the history of New England, and the history of family.
Author | : Abby Chandler |
Publisher | : Routledge |
Total Pages | : 204 |
Release | : 2016-04-15 |
Genre | : History |
ISBN | : 1317107802 |
Having arriving in the Province of Maine in 1641 with a brief to create both government and law for the fledgling colony, Thomas Gorges later recorded his policy as having ’steared as neere as we could to the course of Ingland’. Over the course of the next century the various colonial administrations all consciously measured their laws against that of England, whether their intention was imitation of or conscious opposition to, established English legal system. In order to trace the shifting and contested relationships between colonial laws and English laws, this book focuses on the prosecution of sexual misconduct. All crimes can threaten orderly society but no other crime posed quite the same long term implications as illicit sex resulting in the birth of illegitimate children who became their own social challenges. Sexual misconduct was, consequently, a major concern for early modern leaders, making it a particularly fruitful subject for studying the complex relationship between laws in England and laws in the English colonies. Political and ecclesiastical leaders create laws to coerce people to behave in a certain fashion and to convey wider messages about the societies they govern. When those same laws are broken, lawbreakers must be tried and punished by a means intended to serve as a warning to other would-be lawbreakers. In this book the two-part analysis of changing sexual misconduct laws and the resulting trial depositions highlights the ways in which ordinary New England colonists across New England both interacted with and responded to the growing Anglicization of their legal systems and makes the argument that these men and women saw themselves as taking part in a much larger process.
Author | : Monica D. Fitzgerald |
Publisher | : Cambridge University Press |
Total Pages | : 193 |
Release | : 2020-05-21 |
Genre | : History |
ISBN | : 1108478786 |
Examines the sins and confessions in church disciplinary records to argue that daily practices created a gendered Puritanism.
Author | : Heather Miyano Kopelson |
Publisher | : NYU Press |
Total Pages | : 473 |
Release | : 2019-03-12 |
Genre | : History |
ISBN | : 1479852341 |
In the seventeenth-century English Atlantic, religious beliefs and practices played a central role in creating racial identity. English Protestantism provided a vocabulary and structure to describe and maintain boundaries between insider and outsider. In this path-breaking study, Heather Miyano Kopelson peels back the layers of conflicting definitions of bodies and competing practices of faith in the puritan Atlantic, demonstrating how the categories of “white,” “black,” and “Indian” developed alongside religious boundaries between “Christian” and “heathen” and between “Catholic” and “Protestant.” Faithful Bodies focuses on three communities of Protestant dissent in the Atlantic World: Bermuda, Massachusetts, and Rhode Island. In this “puritan Atlantic,” religion determined insider and outsider status: at times Africans and Natives could belong as long as they embraced the Protestant faith, while Irish Catholics and English Quakers remained suspect. Colonists’ interactions with indigenous peoples of the Americas and with West Central Africans shaped their understandings of human difference and its acceptable boundaries. Prayer, religious instruction, sexual behavior, and other public and private acts became markers of whether or not blacks and Indians were sinning Christians or godless heathens. As slavery became law, transgressing people of color counted less and less as sinners in English puritans’ eyes, even as some of them made Christianity an integral part of their communities. As Kopelson shows, this transformation proceeded unevenly but inexorably during the long seventeenth century.