© Sam Hoffman

Elaine Forman Crane

Elaine Forman Crane is Professor of History and American Studies at Fordham University in New York. She teaches courses about early America with emphasis on gender and legal history. In addition to Witches, Wife Beaters and Whores: Common Law and Common Folk in Early America, featured on Rorotoko, she is the author of several other books, including Killed Strangely: the Death of Rebecca Cornell, a study of the only matricide case in colonial America.

Witches, Wife Beaters, and Whores - A close-up

Having sorted this out in my own mind, I admit that I play favorites with the various chapters.If the name-calling Dutch in chapter one are the most amusing characters, and the violent abusers in chapter three the most disturbing, the most captivating stories are those where we revel in the intimate details of people’s lives.Thus, even though I remain ambivalent about whether Cuff actually attempted to rape Comfort Taylor, the details of the case allow us to envision not only what-might-have-been but to appreciate the nuances of life in eighteenth-century Newport, Rhode Island.The opening pages remind us of a slower time when water and horseback were the basic modes of transportation. Meeting the young widowed Comfort for the first time we wonder if women usually traveled alone across long distances and whether she had any misgivings boarding the ferry late in the day with only an enslaved ferry captain for company. As darkness enveloped Narragansett Bay, men on shore heard her shout for help and rushed to her rescue. Back at the ferry house, Comfort showed her bruises and claimed Cuff assaulted her. Cuff denied everything, and his owner, Thomas Borden, offered Comfort compensation to make the incident go away. Comfort chose to sue Cuff, and the jury’s verdict along with subsequent events shows how microhistorical narratives have the ability to nuance and complicate stories. In this case, the nuances leave us wondering whether Comfort was a victim or a scheming predator, and the fact that Cuff—a slave—was afforded all the legal rights of a free white male complicates the subject of slavery. The ending? Surprises to be sure, but ones not to be revealed here.Early settlers created a legal culture that crossed boundaries and time. Shared values, embedded in traditions that migrated across the Atlantic and adapted to conditions on the North American continent, stabilized communities and unified immigrants. This evolving legal culture peaceably Americanized those within its reach—yet, paradoxically, within a context of conflict. Nevertheless, the disputes that brought individuals into the courtroom were generally restrained by the formalities of that venue.Moreover, if legal contests were eventually fought in legal arenas, it is nothing less than remarkable how often such matters were initiated by ordinary people going about their business on an ordinary day. Samuel Banister fell behind in his rent, the sheriff came to evict him and Banister declined to leave the house. Instead, he shot and killed the sheriff’s assistant, a man Banister only meant to threaten. The implications of property ownership, debtor laws, tenant rights, and live-in servants all contributed to this tragic story.The legal aspects of the tale may recede to the background in the interest of good storytelling, but they are integral to the narrative nonetheless. So too are the unknown players who move the story forward. By bringing them to the foreground, Witches, Wife Beaters, and Whores addresses the role of common folk in early America.Those debtors, tenants, and servants played as much of a part in the creation of a legal culture as did the legislators who wrote the laws. By obeying such laws, common folk legitimized the authority of those above them. By circumventing the system and seeking justice or punishment through private negotiations, common folk created common law. I suspect they appreciated the empowerment that the legal process offered, even if they were unaware of how it came to be or that they would be the vehicles by which the rule of law would be Americanized and perpetuated.

Editor: Erind Pajo
January 23, 2012

Elaine Forman Crane Witches, Wife Beaters, and Whores: Common Law and Common Folk in Early America Cornell University Press288 pages, 6 1/8 x 9 1/4 inches ISBN 978 0801450273

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