Mag's Garret

In this way, in his book Punishing the Criminal Corpse, 1700–1840 Aggravated Forms of the Death Penalty in England, Peter King makes an examination of all the other forms of punishment that 29 writers (including Daniel Defoe) suggested at the time. This includes post-execution or aggravated pre-execution punishments for non-treasonable offences which are the following: Dissection of corpse post-execution, breaking on the wheel, Lex Talionis (execution mirrors violence victim suffered), burning at stake (whether dead or still alive), gibbeting (post-execution only), gibbeting (alive and starving to death), fed to the lions/tigers in the tower, gibbeting (alive after cords wound around arms/legs), gibbeting (alive after limbs broken), death on rack under weights, whipping to death, execution as if treason (disembowelled, beheaded, etc.), death by bite from Mad Dog (32). These accounts were gathered from articles and pamphlets published during particular periods of time in which crime and violence would get worse around 1694–1701, the 1730s, and the final three years before the Murder Act in 1752 (King 34).

Finally, in March 26th, 1752, the Murder Act was approved after panic surged among the citizens of London regarding the murders and robberies that were getting more and more violent by the day, which was intensified by the exaggerations made on printed media. (King 52). Although pre-execution punishments were widely incentivized by many, the Murder Act only enforced "speedier executions, solitary confinement on bread and water,...dissections and hanging in chains" (King 52).

The desperate measures people were willing to take regarding the punishment of criminals is a clear signal of the degree of violence that could be witnessed at the time. This speaks of the great destabilization that permeated England's society as it reflects a fragmentation of its parts, from which only violence and chaos can result.

Works cited:

In Moll Flanders, Defoe touches on moral issues that involve men and women equally, making it sound subversive from a female narrator, such as when she comments on her having to marry her lover's brother, "so certainly does interest banish all manner of affection, and so naturally do men give up honour and justice, humanity, and even Christianity, to secure themselves" (Defoe 88). Although it is evident that men are being judged under the same moralistic parameters, the novel centers on mantaining the status quo for women as the protagonist and narrator is Moll. In that way, Defoe lays out the duty of marriage and the birth of children —as the amount of times she married and had children shows. This view Defoe portrays on the role of women is also laid clear in his text Considerations upon Street-Walkers with A Proposal for lessening the present Number of them, where he "defends marriage by defining ‘the great Use of Women in a Community’ as being to ‘supply it with Members that may be serviceable’, and makes the startlingly utilitarian suggestion that women over child-bearing age should not be allowed to marry since that ‘loses to the World the Produce of one Man’ (Jones 58). In this way, the novel can be contradictory and complex because of what it shows and what it is trying to convey; thus, the first-person narrator and the sympathy it produces "complicates any simple moral conclusion and disrupts his functional objectification of women" (Jones 60). This contradiction is, then, a result of Defoe's didactic approach to writing, doing it from a Christian point of view in which forgiveness can always be attained through repenting. Moll's character is constructed in a manner that makes it open to interpretation, since it is necessary for the reader to go through the same process and realize on its own account the importance of repentance. It can be said that Defoe's writing is exemplary of how one can reach "the masses", as he probably knew the growing popularity of criminal biographies at the time.

Finally, just as Moll enters a world of crime and is actually out of the limits that constrain women, that is, she is not married nor a prostitute, she is imprisoned and shows herself in a mindset that does not trap her in the limits of femininity. While being imprisoned, she was free of any expectations that may have restrained her in the past as she expresses,

“a certain strange Lethargy of Soul possess’d me, I had no Trouble, no Apprehensions, no Sorrow about me, the first Surprize was gone; I was, I may well say, I know not how; my Senses, my Reason, nay, my Conscience were all a-sleep; my Course of Life for forty Years had been a horrid Complication of Wickedness; Whoredom, Adultery, Incest, Lying,Theft ... and now I was ingulph’d in the misery of Punishment, and had an infamous Death just at the Door, and yet I had no Sense of my Condition, no Thought of Heaven or Hell at least" (Defoe 280)

"I was cover’d with Shame and Tears for things past, and yet had at the same time a secret surprizing Joy at the Prospect of being a true Penitent, and obtaining the Comfort of a Penitent, I mean the hope of being forgiven; and so swift did Thoughts circulate, and so high did the impressions they had made upon me run, that I thought I cou’d freely have gone out that Minute to Execution, without any uneasiness at all, casting my Soul entirely into the Arms of infinite Mercy as a Penitent..." (Defoe 289).

However, as it should be expected, having into account Defoe's interests, Moll has an encounter with one of her past lovers and chooses to repent in order to be with him. After not having any burdens on her as she knew her death was near, she feels the weight of her sins once again when she knows she would marry again and would have to go back to society and comply to the norms. Therefore, she proudly becomes a penitent,

Moll Flanders is a complex novel precisely because of this openness of interpretation that Defoe plays with and can be read as disruptive to a certain point. However, in the end, a female character recognizing its difficulties and differences in comparison to men is hardly empowering when the ending of the novel presents a married Moll who acknowledges that her past was sinful so she happily repented. A female character acting independently outside the boundaries of what is permitted (that is, being a thief and not married) is hardly liberating when the author makes her comply in the end by her own accord, portraying a pseudo freedom that does not break any boundaries whatsoever. This shows how those that are in power control the narratives. and how they are only interested in maintaining the order.

In the end, not only does she embraces femininity but also Christianity, showing the power structures of the time.

Works cited:

Defoe, Daniel, and Paul A. Scanlon. Moll Flanders. Broadview Press, 2005.

Jones, Vivien. Women in the Eighteenth Century: Constructions of Femininity. Routledge, 2016.

Pisano, Margarita.El triunfo de la masculinidad 2004

Although it can be argued that talking about consent, age of consent and sexuality from our modern perspective can be tricky, one look at the legislation of the time and a number trials can show us that there was already an awareness of the cruelty, wrongfulness and unlawfulness of rape. Nonetheless, this does not mean that any form of justice towards victims took place, and, instead, exhibits the long history of revictimization that still remains nowadays since the legislation of rape as a crime. In this way, we can talk about the justice system as another form of serving those in power.

On the Legislation

William Blackstone, English jurist and writer, is the author of Commentaries on the Laws of England, in which he, among numerous laws, discusses rape as a felony and defines it as "carnal knowledge of a woman forcibly and against her will,” (Blackstone quoted by Smith 26) while also mentioning that "the offence of rape is no way mitigated, by shewing that the woman at last yielded to the violence, if such her consent was forced by fear of death or duress; nor is it any excuse that she consented after the fact" (Blackstone 183). In this sense, rape was, on paper, considered a crime deserving of punishment. However, Blackstone also discusses with skepticism the accusations and "focused instead on the requisites of appropriate feminine response, imposing the greater burden on raped women in order to protect potentially innocent men from the threat of lying accusers" (Smith 26).

On the Trials for Rape

Reading some of the trials on accusations of rape of the time can be incredibly demoralizing as one cannot help but realize nothing much has changed in 300 years. We find accounts of revictimization, the acquittal of the rapist in consideration of his integrity, and the downplaying of the victims' experience. This should not come as a surprise taking into account that this is what was asked of the jury in presence of a trial for rape: "...the evidence of the party ravished is admitted as competent, but the credibility of such evidence rests with the jury; whose duty is to enquire minutely into her character; not to give much credit to a stale story; to examine whether she made any outcries: whether she discovered the offence soon after, and fought out the offender to punish him; and whether the offender fled, Ec. in order to corroborate her evidence" (Blackstone 183-184)

Contrary to what Blackstone observes, the victim's testimony was never considered competent by itself and so the trials mention the participation of a number of witnesses that could speak of the victim's innocence or modesty, "surgeons" who had to revise the victim's body and find any signs like inflammation, scratches or other injuries, and other people that may have seen anything. In the particular trial of the victim Catherine Wade (who was said to be 21 years old), dated September 12th, 1785, after having listened to all the testimonies of the assault, the accused was found not guilty. This was in spite of the veracity of the accusation as the evidence (clothes included) was clear and backed up by a number of witnesses. Nonetheless, the jury thought that a contradiction he caught in the way the victim retold the events was reason enough to acquit him as there was still some doubt left.

Indeed, the lack of justice for rape victims currently can be traced back to the beginning of its criminalization and the way in which it was handled in the justice system since the eighteenth century. A revision of these type of documents lets us see what the canonical literature in England does not show or diminishes; considering that the corpus is shaped by male authors only, the concern for these issues are nonexistent.

Bibliography:

Member of the Society of Antiquarians. A genuine copy of the tryal of Thomas Grimes, Esq. alias Lord S------, for a barbarous and inhuman rape, committed on the body of Miss T. C. P. a young girl of thirteen years of age. ON A Special Commission of Oyer and Terminer, held at the Old Court House, now a Bagnio at Charing-Cross, before the Worshipful Mrs. Justice Broadbottom, Mrs. Justice Firebrand, and Mrs. Baron Rigglerump. To which is annex'd. The Ordinary's Account of the Criminal's Behaviour before his Condemnation, and at the Place of Execution; with his genuine last Speech, Dying Words and Confession, delivered to the Sheriff before he was to have been turn'd off. Extracted from the records of the Tower of London. By a member of the Society of Antiquarians. Printed for E. Anderson, near Gray's-Inn Gate, Holborn, and E. Pen, near St. Paul's, [1748]. Eighteenth Century Collections Online, link.gale.com/apps/doc/CW0124002921/ECCO?u=unam&sid=bookmark-ECCO&xid=43c7f925&pg=1. Accessed 17 Nov. 2021.

Capt. Leeson's case: being an account of his tryal for committing a rape upon the body of Mrs. May, a Married Woman of 35 Years of Age; for which he receiv'd sentence of death, on the 30th of April 1715. but has since obtain'd his Majesty's most Gracious Reprieve, in order to a Pardon. Printed for J. Roberts at the Oxford-Arms in Warwick Lane, 1715. Eighteenth Century Collections Online, link.gale.com/apps/doc/CW0105034529/ECCO?u=unam&sid=bookmark-ECCO&xid=81349e24&pg=1. Accessed 17 Nov. 2021.

Works cited:

The trial of John Motherhill, for a rape, on the body of Catherine Wade, Daughter of John Wade, Esq. Master of the Ceremonies at Brighthelmstone. Tried Before Mr. Justice Ashurst, at the Lent assizes for the county of Sussex, held at East Grinstead, on Tuesday, the 21st of March, 1786. Printed for E. Macklew, No. 9, Hay Market, MDCCLXXXVI, 1786. Eighteenth Century Collections Online link.gale.com/apps/doc/CW0124222993/ECCO?u=unam&sid=bookmark-ECCO&xid=9aa772ff&pg=21. Accessed 17 Nov. 2021.

Blackstone, William Sir. A summary of the constitutional laws of England : being an abridgement of Blackstone's Commentaries. Printed for the author, at the Literary-Press ... and, may be had of H.D. Symonds..., 1788. Internet Archive https://archive.org/details/asummaryconstit00blacgoog/page/n7/mode/1up?q=%22HER+WILL%22. Accessed 17 Nov 2021.

Most of the women that were involved in prostitution in London were not natives, but young migrants from other counties (White, 348). Migrants or London natives alike, White points out that prostitution was as much of a big source of employement for these young women as “the street-selling trades, with which prostitution was sometimes combined” (347). Now, to give us a better idea of just how big of a source of employment this was, we must consider that in Eighteenth Century London, there were about 3000 to 7000 active prostitutes and bawdy houses at any given time (White, 347). Most of these women ranged from eighteen to nineteen years of age, but there were girls as young as fifteen years old involved in the trade as well (348).

While prostitution was condemned morally, it was not considered a crime. Although it was considered to be a gateway into crime, and not only for young, innocent men: the great concern around prostitution was that prostitutes associated with thieves, and stole from each other and from their clients. Accordingly, what prostitutes were often prosecuted for was pick-pocketing, not prostitution itself (White, 348). Prostitutes were regarded as a part of the “criminal class” (Emsley, 98), and though to be driven to prostitution by reasons such as “natural sinfulness, love of drink, love of dress, love of amusement” (80) and, of course, idleness (White, 351). “To the generality of the world, ease is preferable than labour”, once wrote William Hutton, historian of Birmingham (qted. in White), about the reasons that drove women to prostitution. As White points out, this is mostly true, but not as Hutton intended: of course women servants preferred “to be [their] own [mistresses]” (351) when they were often faced with or in great risk of awful treatment and sexual exploitation from their employers. This is not to say that only wealthy people seeked prostitutes. On the contrary, White points out that even beggars gathered enough to hire their services (353).

As we can gather, prostitution was not one-dimensional, as it was seen; it had many elements at play. Idleness was not the main cause for prostitution, nor was an innate sinful nature: it was usually economic distress, along with vulnerability and the risk of violence along with a lack of agency over their own well-being in other jobs that drove women to prostitution. While it was linked with crime, it was prostitution that was regarded “The Great Social Evil”, and not theft, nor the inequality and extreme poverty that, in most cases, truly drove (and continue to drive) people to crime.

Works cited:

Emsley, Clive. Crime and Society in England. 1750-1900. 3rd ed. Pearson Education Limited, 2005.

Although self-control was the measure of a rational man, the man in this story has none. As Dana Y. Rabin puts it, “The rational man – and in this case the gendered language is quite precise –responded to ‘appetites’ and ‘fancies’ with self-control. In the face of displacement by passion and the possibility of insanity, Shaftesbury defined the true self as the one in full control of itself and those characteristics that could displace it.”(66) How interesting it seems, then, that Roderigo is the one who truly cannot control his emotions about Violenta… and later, about Aurelia. On the contrary, Violenta is smart and firm in her beliefs. One of her letters to Roderigo reads “My Lord, Your person is handsome, your present very well, your letter is witty and extraordinarily' well writ; but what are all these accomplishments to a virgin that values nothing but virtue?” (2) Violenta questions what good is anything Roderigo can give her, if they are not married? After all, she is a very smart young woman who wants to preserve her virtue, and no amount of letters will change that.

Throughout the story, it is evident when they interact that Violenta is smarter than Roderigo. But after Roderigo tricks her into a false marriage, and then marries another woman, named Aurelia, Violenta seems to lose all reason and turns to murder, but this is not the case. When Ianthe, her maid, suggests talking about the issue with Roderigo, Violenta answers: “No! no, Ianthe!" said Violenta, "those are light and small offenses that we can be reasoned out of the sense of; what Roderigo had commited against me, Reason itself supports me in my desire of vengeance! And should my heart give way to any other thoughts, I would with my own hands divide it from this wretched body!” (8) Violenta is aware that she could be reasoned out of her rage as much as she reasons herself and Ianthe into commiting murder. She remains a wicked sort of voice of reason because, although she convinces Ianthe to aid her in killing Roderigo, she makes sure that Ianthe is completely free of any possible incrimination. Even in the throes of murder, Violenta is extremely eloquent and her reasoning is made clear: as she rips Roderigo's tongue out, she says "Oh, perjured and abominable tongue! false and cruel as thou wed, how many lies didst thou tell, before with the chain-shoe of this cursed member, thou could'st make a breach to overthrow my honor?" (11) We can see that her rage is caused by Roderigo fooling her, an offense not only to her honor and reputation but also to her wit. When she confesses to her crime, she recounts the events without hesitation, warns other young girls about the betrayal of their honor, and even begs to be condemned to death, for she “[holds] [herself] unworthy to live, after being stained with blood; though that blood was shed to wash away [her] stain (12). Even in her final words, Violenta is careful to explain herself and make her motives clear, and warn others so they do not end up like her; in other words, she knows that what she did was necessary (for her) but not right, to put it that way.

To sum up, Violenta’s dialogue in “The Wife’s Resentment” lets us see that all throughout the story, even in the middle of murdering the man who betrayed her, Violenta remains rational. This is not to justify the murder, but to point out how, even in her trial, she does not plead to being judged as having been in an altered state of mind. No emotion is wild enough for her to justify killing whom she once thought to be her husband and she makes it clear. Through Violenta’s dialogue, Manley portrays an image of reason and thought, and through Roderigo, the polar opposite. At first, this depiction can be thought to confirm the idea that women are emotional while men are rational, but as we have seen, it is truly the opposite way around.

Works cited:

Manley, Delarivier. “The Wives Resentment”. The Power of Love. 1722. PDF.

On the left, we can see Thomas Idle sleeping away with a frown on his face, perhaps after drinking the contents of the tankard that reads “Spittle Fields”. This tells us that the workshop where the apprentices are working is situated in Spitalfields, which was the center of silk-weaving in London (White, 138). While Thomas Idle sleeps, above his head hangs one of the pages of Moll Flanders, Daniel Defoe’s novel about the same topics as this engraving, in a sense, dedication and indolence. This proposes both the idea that Thomas enjoys reading criminal biographies, and the notion that the same struggles that Moll Flanders went through might await Thomas, if he shapes his life after such figures. On the floor, next to Thomas, lies a mangled copy of The Prentices Guide, with pages ripped and dirty, unlike that of Francis Goodchild, which lies on the floor as well but in perfect condition. A cat can be seen interacting with the machine more than Thomas, which could potentially cause an accident.

On the right side of the page, we can see Francis Goodchild working diligently in his loom. His facial expression is much softer and more relaxed than Thomas’. On the wall behind him we can see pages that read “The London Prentice” and “Whittington Ld Mayor”, which suggest that he is more interested in nurturing his mind, aiming for success and following the steps of the likes of Richard Whittington, who was four times Lord Mayor of London. Francis looks at ease while he works, and his station is more tidy than Thomas’: even his copy of The Prentices Guide is intact. On his left, on the far right side of the page, the master weaver of the workshop enters and looks disapprovingly at Thomas, who, fast asleep, does not realize he is being watched. The master holds a stick, and we can assume that Thomas will receive one or two hits with it for falling asleep on the job, unlike his counterpart Francis Goodchild.

The margins of the engraving reveal a lot about the apprentices. On the top left corner (in Thomas Idle’s side of the page), we can see a noose, a whip and handcuffs, which do foretell his future. On the other hand, on Thomas Goodchild’s side of the page, we can see items such as a ceremonial maze and what appears to be a sword of state with a chain hanging from it. Both the ceremonial maze and the sword of state symbolize the power and status that awaits Thomas in his life, a product of his hard work. These items are almost hidden in the corners of the page, but they are very revealing. Another element that can be easily missed if one looks at a cropped version of this engraving, or simply forgets to zoom out, is the passages from the Bible that are placed at the foot of the page. Both passages describe the apprentices, respectively: the passage on Thomas’ side reads “Proverbs Chap: 23, Ve: 21, The drunkard shall come to Poverty, and drowsiness shall clothe a man with rags,” and the one on Francis’ side reads “Proverbs Ch: 10, Ver: 4, The hand of the diligent maketh rich.” These very contrasting passages predict the future of the apprentices, Thomas Idle’s fall to vice and crime, and Francis Goodchild’s wealth and success, and in doing so, shows what the effects of following a life of idleness or of dedication can lead to.

In “The Fellow ‘Prentices at Their Looms,” Hogarth sets the scene for the series of engravings that follows this one in a completely effective manner. This scene allows us to see both apprentices for what they are, and what they will become by the end of the series. The different elements that fill this picture let us interpret it and see how Hogarth placed a moral lesson in this engraving: the consequences of Thomas Idle’s and Francis Goodchild’s actions are not only for them to face, but also for whomever is to follow their example.

Works cited: