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

This incisive work illuminates Virginia's colonial history in personal detail: legal procedures, community structures, and economic and political relationships. Researching primary sources, Professor Pagan brings the narrative to life with persuasive insights into decisions and events as the participants must have planned them: their ambitions, fears, successes, and failures. I highly recommend this book for anyone interested in social or legal history.

Prof. John Ruston Pagan has plucked a young 17th Century woman from deepest obscurity to become the subject of his book: Anne Orthwood's Bastard : Sex and Law in Early Virginia. This is a scholarly effort - it is heavily footnoted and supported by a large bibliography - and a first-rate work of investigation and authorship. Central to Anne Orthwood's detailed history was the availability of original records from the earliest days of English settlement in America. These records are preserved in an old courthouse on Virginia's Eastern Shore. Dating from 1632, they are said to be the oldest English-language court records in America. First a word about "bastard." Today, it is little more than a curse word. As recently as the 1930s, however, it was still imprinted on birth certificates and, as in 1632, described a child born out of wedlock. In 1632, however, bastardy was considered a serious breach of morals, as well, and was deeply resented for the costs it might impose on taxpayers and church parishioners. Caring for bastards was provided for in detail by church and state law. Someone must pay for the midwife, lying-in expenses, wet nurse, etc. and fund the child's early years. That person was the putative father, if he could be discovered, and if he had any money. Failing that, the church and state stepped in. Punishment, too, must be portioned out upon the mother and father for their immoral behavior - and shame would burden the blameless child. Anne is, herself, born out of wedlock. Rather than bear the humiliating penance the church imposes, Anne's mother escapes to the city of Bristol. That city just happens to be England's western port and the jumping-off point for the New World. Hoping to escape the stain of her origins and her mind filled with exaggerated stories of abundant potential husbands there, Anne indentures herself to a colony-bound sea-captain. He, in turn, sails to the Eastern Shore and sells her services - her indenture - to William Kendall, an upright, uptight, and upwardly-striving plantation owner. When Anne gets too friendly with Kendall's nephew, John, she is sold off to another land-owner who sells her to yet a third. In the meantime, however, she has become pregnant by John. There can be no marriage, however, because John must "marry up." Conviction for fornication is out, too, since it would tarnish the uncle's reputation. Anne's joyless life comes to an end, when, in the midst of childbirth, she is forced to reveal the father's name, following which she dies. In death, even her honesty is impugned. Anne's son is a healthy baby. With only eight months between conception and birth, a healthy baby is not possible - so testifies the ignorant midwife. Anne's son, Jasper, lives and is quickly indentured (under English law) for the first 24 years of his life. Anne's third indenturer sues to recover what he paid for Anne's unfulfilled service. Caveat venditor prevails over caveat emptor. A series of suits de

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.

Excellent, well-writen and very entertaining! Mr. Pagan's book covers a lot of ground, detailing a series of related trials that define the foundations of American justice. A++++

I just finished reading John Pagan's amazing true story of life in colonial Virginia and it reveals so much about life during a period that is little understood in our nation's history. After giving us the facts in the introduction, he unveils the history and its implications as each chapter focuses on one individual who was crucial to the events and the four legal actions which resulted from these events. The detective work has been done for you by the author who spent his summer researching every minute detail that exists--you just sit back and enjoy the tale! It is a great read and an astute portrait of a slice of Virginia life in the 1660s to 1680s--and gives us much to think about as the colonies began to establish a unique American legal system adapted from English law. It also gives us a sense of how "sex" was regulated by government at that time, and how legal decisions relate to social and economic realities of life. It is amazing that this little vignette of forgotten lives is so interesting to read about today and brings up issues of privacy, government regulation, and how courts consider society's social and economic goals--issues that resonate with judicial decisions that are being made today. So please read and enjoy and think about Anne and her son Jasper Orthwood. I think they would be very pleasantly surprised to know that their story is being retold in 21st Century America!