The Time Traveller’s Guide to Restoration Britain

by Ian Mortimer

  11. Law and Disorder

  1. Michael J. Galgano, ‘Lisle, Lady Alice (c. 1614–1685)’, ODNB. • 2. Melinda Zook, ‘Gaunt, Elizabeth (d. 1685)’, ODNB. • 3. J. M. Beattie, ‘The Pattern of Crime in England 1660–1800’, Past and Present, 62 (1974), pp. 47–95 at p. 48. • 4. Old Bailey, ref: t16931206-14. • 5. Old Bailey, ref: t16760510-1. • 6. Old Bailey, ref: t16940524-20. • 7. Old Bailey, ref: t16770711-1. • 8. Barlow’s Journal, ii, pp. 451–3. • 9. Evelyn, ii, p. 133; http://www.historyofParliamentonline.org/volume/1660-1690/member/evelyn-george-i-1617-99, downloaded 13 Sept. 2016. • 10. Ogg, J. & W., p. 64. • 11. Luttrell Collection of Broadsides, 1683–4, quoted in EoaW, pp. 24–5. • 12. John Brydall, Camera Regis (1676), pp. 43–58, 73–5. • 13. J. A. Sharpe, Crime in Early Modern England (1984), p. 22. • 14. Kenneth Pennington, ‘Innocent until proven guilty: the origins of a legal maxim’, The Jurist, 63 (2003), pp. 106–24. • 15. Pennington, ‘Innocent’, p. 119. • 16. Ogg, Charles II, i, p. 408. • 17. Schellinks, p. 86. • 18. Misson, pp. 324–5; Old Bailey, ref: s16901015-1. • 19. Schellinks, pp. 82–3. • 20. Misson, p. 124. • 21. Old Bailey, refs: t17000115-19; s17000115-1. • 22. Pepys, ii, p. 71. • 23. Old Bailey, refs: t16830418-7, s16830418-1. • 24. Old Bailey, ref: t16820224-15. • 25. Andrea McKenzie, ‘“This Death Some Strong and Stout Hearted Man Doth Choose”: The Practice of Peine Forte et Dure in Seventeenth- and Eighteenth-Century England’, Law and History Review, 23, 2 (Summer, 2005), pp. 279–313, at p. 280. • 26. McKenzie, ‘Peine Forte et Dure’, p. 302. • 27. Baskerville, p. 295; N. M. Herbert (ed.), A History of the County of Gloucester: Volume 4, the City of Gloucester (1988), pp. 245–7. • 28. Schellinks, p. 34. • 29. Levack, ‘Sexual Crimes in Early Eighteenth-century Scotland’, pp. 174–6. • 30. Faramerz Dabhoiwala, The Origins of Sex (2012), pp. 55–6. • 31. Dabhoiwala, Origins of Sex, pp. 58–60. • 32. Timothy Curtis and J. A. Sharpe, ‘Crime in Tudor and Stuart England’, History Today, 38, 2 (Feb. 1988). • 33. Old Bailey, ref: t16771010-6. • 34. This statement is based on the fact that there were about 14,730 christenings in 1685 and 14,694 in 1686. If just 5% were stillborn, there were at least 15,500 pregnancies per year between all the women of child-bearing age. Taking the population as about 520,000 at the time, and estimating that roughly half that number were aged 15–45 and assuming that half of those were women, just under 12% of women of child-bearing age became pregnant every year. However, a child is not felt to kick within the womb until about 4 months; thus the pregnancies should only have been discoverable for 5 months in the year, so the expectation that any woman of child-bearing age in court could have been found to be ‘quick with child’ in the manner used should be (5/12 x 15,500)/130,000, which is just under 5%.

  12. Entertainment

  1. London Spy, p. 181; Pepys, ii, p. 166. • 2. London Spy, p. 182. • 3 Philip H. Highfill, Kalman A. Burnim and Edward A. Langhans, A Biographical Dictionary of Actors, Actresses, Musicians, Dancers, Managers and Other Stage Personnel in London, 1660–1800 (Carbondale and Edwardsville, 1982), vol. 7, pp. 23–5. • 4. Evelyn, i, p. 345. • 5. Evelyn, i, p. 325. • 6. EoaW, p. 134. • 7. Evelyn, ii, p. 83. • 8. Evelyn, i, p. 325 (hairy woman). • 9. Henry Morley, Bartholomew Fair (1859), pp. 315–32. • 10. Evelyn, ii, pp. 196–7; Travel in England, p. 105; PL, p. 27; Misson, pp. 318–19. • 11. Misson, pp. 25–7. • 12. Gamester, p. 196. • 13. Cosmo, p. 313. • 14. Anglia Notitia, i, pp. 52–3. • 15. This figure of 350 archers in Finsbury Fields relates to 1675 (http://www.bowyers.com/bowyery_finsburyMarks.php, downloaded 19 Oct. 2016). In Scotland, the group that would one day become the Royal Society of Archers was formed by 1676. The Musselburgh Silver Arrow, the world’s oldest sporting trophy, has been offered every year since 1603. In England, the Scorton Silver Arrow has been competed for annually in Yorkshire from 1673. • 16. Cosmo, pp. 145–6. • 17. Randle Cotgrave, A Dictionarie of the French and English Tongues (1611), under ‘billiard’. • 18. Noble, p. 238. • 19. Gamester, p. 223. • 20. Schellinks, p. 60. • 21. Schellinks, p. 71. • 22. Baskerville, pp. 263, 265, 271, 285. • 23. Pepys, ii, p. 90. • 24. Gamester, p. 224. • 25. Gamester, p. 17. • 26. Many of these points are to be seen in the earliest painting of cricket, by Francis Haydon, which dates from 1743. In particular the ball casts a shadow in the painting, so it is off the ground, even though the bat is curved. Thus the statement one often reads about the ball being rolled along the ground in the days of the curved bat is unlikely to be wholly correct. As for women playing cricket, the Reading Mercury in 1745 recorded a game between 11 maids of Bramley and 11 of Hambleton (note: this was after the 1744 London rules were drawn up). No earlier references to women’s cricket are known. • 27. Schellinks, p. 83. • 28. Pepys, iv, p. 167. • 29. Christopher Rowley, The Shared Origins of Football, Rugby and Soccer (2015), p. 86. • 30. Misson, p. 307. • 31. Morris Marples, A History of Football (1954), p. 83. • 32. Prices for apparatus come from National Library of Scotland MS.1400, f.253: http://digital.nls.uk/golf-in-scotland/assets/images/content/st-andrews/morice-accounts.jpg, downloaded 20 Oct. 2016. • 33. National Library of Scotland Acc.13144: http://digital.nls.uk/golf-in-scotland/international/werden-pocket-book.html, downloaded 20 Oct. 2016. • 34. John Aubrey, Natural History of Wiltshire (1847), p. 117. • 35. Misson, p. 231. • 36. Noble, p. 229. • 37. Pepys, i, p. 218; iv, p. 255. • 38. Schellinks, pp. 36–7. • 39. Aubrey, Natural History of Wiltshire, p. 117; Locke in Lord King’s The Life and Letters of John Locke (1830), i, p. 248. • 40. Schellinks, p. 51. • 41. Evelyn, ii, p. 23. • 42. Evelyn, ii, p. 297. • 43. Misson, p. 282. • 44. Schellinks, p. 134; Cosmo, p. 149. • 45. http://www.ashmolean.org/ash/amulets/tradescant/tradescant03.html, downloaded 21 Oct. 2016. • 46. Cosmo, p. 326; Evelyn, ii, p. 69; Fiennes, p. 184; Thoresby, i, pp. 245, 298; Misson, pp. 27, 280–1; Marjorie Swann, Curiosities and Texts: The Culture of Collecting in Early Modern England (Philadelphia, 2001), p. 196. • 47. Evelyn, ii, pp. 113, 132, 152, 327–8; Schellinks, pp. 60–1. • 48. Diana Dethloff, ‘Lely, Sir Peter (1618–1680)’, ODNB; Ellis Waterhouse, The Dictionary of 16th and 17th Century British Painters (1988), p. 171. The earl of Bedford paid £31 for a three-quarter length picture of himself by Lely in 1675 and an extra £3 for the frame; a full-length portrait the following year cost the standard £60, plus £9 for the frame and £1 5s for a case in which to send it to Woburn Abbey. Noble, pp. 294–5. • 49. Evelyn, ii, pp. 243, 301. • 50. Pepys, iii, p. 113; Evelyn, ii, p. 89. • 51. Thoresby, i, p. 9. • 52. Pepys, ix, p. 434. • 53. Waterhouse, Dictionary, p. 18. • 54. William Sanderson, Graphice (1658), p. 20. • 55. This is a very rough estimate, simply based on the number of Bibles mentioned in Essex. • 56. Josselin, p. 7; M. Perceval-Maxwell, ‘Annesley, Arthur, first earl of Anglesey (1614–1686)’, ODNB. • 57. Kees van Strien, ‘Browne, Edward (1644–1708)’, ODNB; WCH, pp. 163–4. For comparison, the earl of Bedford had 152 books at Woburn Abbey and 247 at his London house. Noble, p. 262. • 58. William Bray (ed.), Memoirs of John Evelyn … comprising his diary, from 1641–1705/6, and a selection of his familiar letters (5 vols, 1827), iv, p. 316. • 59. A. C. Snape, ‘Seventeenth-century book purchasing in Chetham’s Library, Manchester’, Bulletin of the John Rylands University Library of Manchester, 67 (1985), pp. 783–96 at p. 790. • 60. Bray (ed.), Memoirs, iv, p. 315. • 61. Lincoln, p. 36; Essex, p. 99 (‘large Bible 10s’). • 62. Robert Clavel, A Catalogue of all the Books Printed in England since the Dreadful Fire of London, 1666. To the end of Michaelmas Term 1672 (1673). • 63. Richard Landon, ‘The Antiquarian Book Trade in Britain 1695–1830: The Use of Auction and Booksellers’ Catalogues’, The Papers of the Bibliographical Society of America, 89, 4 (1995), pp. 409–17 at p. 410. • 64. These data are drawn from the English Short Title Catalogue maintained by the British Library: http://estc.bl.uk/ (searches downloaded 17 Oct. 2016). The statistics are for all languages published in the two respective countries. • 65. According to the Publishers Association’s UK Book Industry in 2015, the British National Bibliography contains 139,394
titles for that year, of which 35,918 are ‘literature’. Sales of fiction titles in that same year accounted for 27% of the UK market, according to Nielsen. • 66. Pepys, i, p. 312 and note. • 67. Misson, pp. 210–11. • 68. Agostino Lombardo, ‘Shakespeare in Italy’, Proceedings of the American Philosophical Society, 141, 4 (1997), pp. 454–62 at p. 454. • 69. Gordon Campbell, ‘Milton, John (1608–1674)’, ODNB. • 70. Campbell, ‘Milton, John’, ODNB. • 71. John Spitzer and Neal Zaslaw, The Birth of the Orchestra: History of an Institution 1650–1815 (2004), p. 268. • 72. Pepys Companion, pp. 266–7. • 73. Evelyn, ii, p. 141. • 74. Spitzer and Zaslaw, Birth of the Orchestra, p. 274. • 75. Peter Walls, ‘Banister, John (1624/5–1679)’, ODNB; Richard Crewdson, Apollo’s Swan and Lyre: Five Hundred Years of the Musicians’ Company (Woodbridge, 2000), pp. 117–20. • 76. Pepys, i, p. 171. • 77. Pepys Companion, pp. 434–8. • 78. Pepys Companion, pp. 438–41. • 79. Thoresby, i, p. 48. • 80. Pepys, ii, p. 18 (prices); iv, p. 8 (cheapest seats). Pepys went to the theatre twice in one day on his 30th birthday; Pepys, iv, pp. 55–7. • 81. Pepys Companion, p. 444. • 82. Pepys, ii, pp. 190–1; iii, p. 208; iv, p. 6. • 83. Kate Bennett, ‘Wycherley, William (bap. 1641, d. 1716)’, ODNB. • 84. Pepys, i, p. 297; ii, p. 47. • 85. Pepys, iv, p. 162. • 86. Pepys, i, p. 224. • 87. Pepys, ii, pp. 5, 35, 203. • 88. Evelyn, i, 366; ii, p. 19. • 89. J. Milling, ‘Bracegirdle, Anne (bap. 1671, d. 1748)’, ODNB. • 90. S. M. Wynne, ‘Gwyn, Eleanor (1651?–1687)’, ODNB.

  Envoi

  1. One hundred years ago I had 12 ancestors alive. 150 years ago I had 20 alive on my father’s side, so I assume 40 in all. 200 years ago I had 36 ancestors alive on my father’s side, so double that makes 72. Beyond this, I do not know all the names and dates, but I estimate that on my father’s side the total was 130, so 260 in all alive in 1766. If each of them had at least six ancestors alive 100 years earlier (as six is the difference between 100 years ago (12) and 200 years ago (72), and comparable to the difference between 150 years ago (40) and 250 years ago (260)), then I had in the region of 1,560 ancestors alive in 1666. • 2. See Ian Mortimer, The Perfect King (2006), appendix eight; see also ‘Physics News Update’, no. 428 (American Institute of Physics, 1999). The only group I can imagine for whom this would possibly be incorrect is the particularly rarefied bloodline of the royal families of Europe: in the case of the current UK monarch and her children, their English ancestry is a relatively small part of their genetic make-up and is comparatively limited, compared to the rest of us. The same caveat will not apply in the next generation, to the princes William and Harry. • 3. The figures for 2013 and 2014 are 120 and 108 per million respectively. See Ogg, J. & W., p. 35; Kyla Thomas and David Gunnell, ‘Suicide in England and Wales 1861–2007: a time-trends analysis’, International Journal of Epidemiology, 39 (2010), pp. 1464–75 at p. 1465; http://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/deaths/bulletins/suicidesintheunitedkingdom/2014registrations, downloaded 29 Oct. 2016.

  Acknowledgements

  I am grateful to several people for their assistance with this book. First, the team of Jörg Hensgen and Stuart Williams and all their colleagues at The Bodley Head and Vintage. Authors depend on publishers for many things – and most people think in terms of printing books and persuading shops to sell them – but we also rely heavily on our publisher’s encouragement, confidence and patience. Especially the patience. You have been very supportive. I am enormously grateful.

  A big Thank You is similarly due to my agent, Georgina Capel, for her advice and her diplomacy. I would like also to record my gratitude to my previous agent, Jim Gill of United Agents, who negotiated the original UK contract for this book and helped me place it and the earlier volumes in the right hands. Thanks are due too to Mandy Greenfield for copy-editing and to Alison Rae for proofreading this book.

  As always, I am hugely indebted to my wife, Sophie. Without her love and companionship, I simply could not have spent the required number of hours at my desk to complete this project, nor would I have been contented enough in the twenty-first century to want to enter the late seventeenth century so completely. I owe her yet another century of gratitude.

  Ian Mortimer

  Moretonhampstead, Devon

  12 November 2016

  Index

  The page references in this index correspond to the printed edition from which this ebook was created. To find a specific word or phrase from the index, please use the search feature of your ebook reader.

  Aberdeen, 50–1, 418

  acting companies, 391–2

  actors and actresses, 91–2, 398–401

  Adams, John, 416

  Adeane, Thomas, 253

  adultery, 3–4, 90–1, 110, 111–12, 342–3

  Adultery Act (1650), 3–4

  Africa, 7, 132, 162; see also Algiers; Morocco; Tangiers

  age, knowledge of one’s own, 150

  age structure of society, 56, 57

  Aggas, Robert, 32

  agriculture, 34–40, 51, 72–3

  ague, 300, 306

  Aikenhead, Thomas, 102–3

  Aire river, 227

  Albemarle, George Monck, duke of, 4–5, 80, 123, 242

  Albrici, Vicenzo and Bartolomeo, 387–8

  alcohol, 277–84

  ale and beer, 278–9