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Claiming Justice: Paternity Affiliation in South Wales, 1870–1900

Published online by Cambridge University Press:  13 September 2013

GINGER S. FROST
GINGER S. FROST*
Affiliation:
Department of History, Howard College of Arts and Sciences, Samford University, 800 Lakeshore Drive, Birmingham, AL 35229, [email protected]
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Abstract:

This article surveys 226 affiliation cases from South Wales between 1870 and 1900. Detailed study reveals both the reasons why most women did not try to get maintenance, but also why they had high levels of success when they did so. Once a woman got to the hearing, the interests of magistrates and the poor law guardians helped them ‘find fathers’ for their children. The guardians in particular assisted women in bringing cases by the 1890s. The fact that affiliation suits centred on sexuality by definition meant that magistrates did not penalise women for sexual nonconformity any more than the men involved, although both sexes faced limitations on their behaviour. These cases also reveal a great deal about local customs and attitudes towards sexuality. In the end, affiliation suits merely removed the most glaring abuses rather than tackling the larger issue of support for unmarried mothers and their children.

Type
Research Article
Information
Rural History , Volume 24 , Issue 2 , October 2013 , pp. 177 - 198
Copyright
Copyright © Cambridge University Press 2013 

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References

Notes

1. University of Reading, Special Collections, Lady Astor Papers, MS 1416/1/335, Dorothy Thain to Lady Astor, 14th October 1925.

2. Hammerton, A. James, Cruelty and Companionship: Conflict in Nineteenth-Century Married Life (London, 1992), pp. 102–6CrossRefGoogle Scholar; Savage, Gail, ‘The Operation of the 1857 Divorce Act, 1860–1910: A Research Note’, Journal of Social History, 16 (1983), 103–105CrossRefGoogle Scholar.

3. Henriques, Ursula, ‘Bastardy and the New Poor Law’, Past and Present, 37 (1967), 103–129CrossRefGoogle Scholar; Thane, Pat, ‘Women and the Poor Law in Victorian and Edwardian England’, History Workshop Journal, 6 (1978), 29–51CrossRefGoogle Scholar.

4. See, for example, Western Mail, 16th August 1869, 2 for a plea from the Swansea Board of Guardians.

5. Archbold, John Frederick, The Poor Law Comprising the Whole of the Law of Settlement, Relief, and Removal of the Poor (London, 1863)Google Scholar; Lushington, Guy, The Law of Affiliation and Bastardy, 2nd ed. (London, 1904)Google Scholar; and Sheetz-Nguyen, Jessica, Victorian Women, Unwed Mothers, and the London Foundling Hospital (London, 2012), pp. 335–41CrossRefGoogle Scholar.

6. The Times, 15th October 1908, 15; Justice of the Peace, 72 (1908), 501.

7. Western Mail, 31st October 1900, 6; 1st November 1900, 6; Justice of the Peace, 65 (19th January 1901), 39–41.

8. Ann Rowell Higgenbotham, ‘The Unmarried Mother and her Child in Victorian London, 1834–1914’ (unpublished doctoral dissertation, Indiana University, 1985), pp. 171–4; Reay, Barry, ‘Sexuality in Nineteenth-Century England: The Social Context of Illegitimacy in Rural Kent’, Rural History, 1 (1990), 234CrossRefGoogle Scholar.

9. Janice Steinberg, ‘The Development of a Social Policy towards Illegitimacy in England, 1870–1918’ (unpublished doctoral dissertation, University of Cincinnati, 1980), pp. 161–2.

10. For a study of Carmarthen, see Davies, Russell, ‘“In a broken dream”: Some Aspects of Sexual Behaviour and the Dilemmas of the Unmarried Mother in South-West Wales, 1887–1914’, Llafur: The Journal of the Society for the Study of Welsh Labour History, 3 (1983), 24–33Google Scholar.

11. Evans, Caradoc, My People (Bridgend, Glamorganshire, 1987), pp. 25–9Google Scholar; Harris, John, ed., Fury Never Leaves Us: A Miscellany of Caradoc Evans (Bridgend, Glamorganshire, 1985), pp. 30–4Google Scholar; 36–7, 81–6.

12. For studies of poor law and bastardy before 1850, see King, Steven, Poverty and Welfare in England, 1700–1850: A Regional Perspective (Manchester, 2000)Google Scholar; and King, Steven, ‘Reconstructing Lives: The Poor, the Poor Law and Welfare in Calverley, 1650–1820’, Social History, 22 (1997), 318–38CrossRefGoogle Scholar; and Bailey, Joanne, ‘“Think wot a mother must feel”: Parenting in English Pauper Letters, c. 1760–1834’, Family and Community History, 13 (2010), 5–19CrossRefGoogle Scholar. General histories of sexuality include Szreter, Simon, Fertility, Class and Gender in Britain, 1860–1940 (Cambridge, 1996)CrossRefGoogle Scholar; Hall, Leslie, Sex, Gender and Social Change in Britain Since 1880 (London, 2000)Google Scholar, among many others.

13. Reay, ‘Sexuality in Nineteenth-Century England’, 234.

14. Western Mail, 19th December 1871, 4.

15. Western Mail, 15th May 1890, 3.

16. Western Mail, 1st December 1880, 4; Davies, Russell, Secret Sins: Sex, Violence and Society in Carmarthenshire, 1870–1920 (Cardiff, 1996), pp. 166–7Google Scholar.

17. Western Mail, 25th October 1877, 3.

18. Western Mail, 1st July 1893, 7; Davies, Secret Sins, p. 166.

19. Western Mail, 29th August 1885, 3.

20. Western Mail, 18th November 1869, 4.

21. Western Mail, 29th June 1880, 3.

22. Western Mail, 25th March 1873, 4.

23. Western Mail, 22nd December 1890, 6; 30th December 1890, 4, 7; 13th January 1891, 4, 6.

24. Western Mail, 8th October 1883, 4.

25. Western Mail, 30th October 1884, 4.

26. Western Mail, 13th May 1869, 2.

27. Western Mail, 2nd June 1877, 4; Henriques, ‘Bastardy and the New Poor Law’, 106; Cody, Lisa Forman, ‘The Politics of Illegitimacy in an Age of Reform: Women, Reproduction, and Political Economy in England's New Poor Law of 1834’, Journal of Women's History, 11 (2000), 131–56CrossRefGoogle Scholar.

28. Western Mail, 2nd July 1870, 2; 6th July 1870, 3.

29. Western Mail, 3rd May 1875, 6.

30. Western Mail, 9th June 1874, 8.

31. Western Mail, 8th October 1883, 4; 11th October 1883, 4.

32. Western Mail, 24th November 1886, 3.

33. See, for example, The Times, 17th November 1871, 11.

34. Western Mail, 21st December 1871, 3.

35. Western Mail, 11th May 1874, 7.

36. Western Mail, 25th January 1875, 7; 2nd February 1875, 6.

37. Western Mail, 13th March 1878, 3; 20th March 1878, 3; 10th April 1878, 4.

38. Western Mail, 6th July 1878, 3.

39. Western Mail, 1st September 1893, 7.

40. Western Mail, 11th March 1884, 4.

41. Glamorganshire Record Office, Cardiff Workhouse Records, Minute Books (hereafter GROMB), 1875–1876, 4 November 1876, f. 520.

42. GROMB, September 1882-January 1885, 1 December 1883, f.110.

43. GROMB, September 1882-January 1885, 26 April 1884, f. 243; 27 December 1884, f. 510.

44. Stewart, John and King, Steve, ‘Death in Llantrisant: Henry Williams and the new poor law in Wales’, Rural History 15 (2004), 69–87CrossRefGoogle Scholar; Jones, David J. V., Rebecca's Children: A Study of Rural Society, Crime, and Protest (Oxford, 1989), pp. 348–9Google Scholar; Snell, K. D. M., Parish and Belonging: Community, Identity, and Welfare in England and Wales, 1700–1950 (Cambridge, 2006), pp. 228–30CrossRefGoogle Scholar, 256–61, 306–10.

45. GRO, Local Government Board Correspondence (here after GROLGB), UC/40/19, September 1897-February 1898, Letters dated 2nd September 1897 and 5th October 1897.

46. GROLGB, UC/40/20, March 1898-August 1898, Letters dated 2nd July 1898, 22nd July 1898, 2nd August 1898. See also GROMB, UC 2/33, June 1898-May 1899, f. 47.

47. GROMB, UC 2/33, June 1898-May 1899, f. 460.

48. GROLGB, UC/40/42, October 1900-September 1901, 19th February 1901 and 21st February 1901.

49. GROLGB, UC/40/42, October 1900-September 1901, 23rd April 1901.

50. National Archives, Metropolitan Police Records, MEPO 2/1512, Procedures in Bastardy and MW Separation Arrears, 3rd July 1912–6th August 1916; see also Home Office Records, HO 144/22290/418433.

51. ‘Affiliation-Liability of Soldiers for Arrears’, Justice of the Peace, 83 (17th May 1919), 224; (24th May 1919), 234.

52. Frost, Ginger, Promises Broken: Courtship, Class and Gender in Victorian England (Charlottesville, VA, 1995), pp. 80–97Google Scholar; Lettmaier, Saskia, Broken Engagements: The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800–1940 (Oxford, 2010), pp. 126–70CrossRefGoogle Scholar; Barret-Ducrocq, Françoise, Love in the Time of Victoria (London, 1989), pp. 86–122Google Scholar.

53. D'Cruze, Shani, Crimes of Outrage: Sex, Violence and Victorian Working Women (DeKalb, IL, 1998)Google Scholar; Conley, Carolyn, ‘Rape and Justice in Victorian England’, Victorian Studies, 29 (1985–86), 519–36Google Scholar; Clark, Anna, Women's Silence, Men's Violence: Sexual Assaults in England, 1770–1843 (London, 1987)Google Scholar.

54. For the concept of ‘fallen’ men in the courts, see Frost, Promises Broken, pp. 114–16; Living in Sin: Cohabiting as Husband and Wife in Nineteenth-Century England (Manchester, 2008), pp. 36–47; 87–91.

55. Western Mail, 17th March 1879, 2. The case was dismissed due to lack of corroboration.

56. Western Mail, 30th December 1882, 3.

57. Davies, ‘“In a broken dream”’, 25; Secret Sins, pp. 164–65; Cook, Hera, The Long Sexual Revolution: English Women, Sex, and Contraception, 1800–1975 (Oxford, 2004), pp. 102–3Google Scholar.

58. Western Mail, 2nd March 1885, 3; Davies, Secret Sins, pp. 165–66.

59. Western Mail, 6th April 1885, 3.

60. Davies, ‘“In a broken dream”’, 25–6.

61. Western Mail, 24th March 1888, 3.

62. Western Mail, 24th May 1884, 4.

63. Western Mail, 5th December 1884, 4; Barber, Jill, ‘“Stolen goods”: The Sexual Harassment of Female Servants in West Wales during the Nineteenth Century’, Rural History, 4 (1993), 123–36CrossRefGoogle Scholar.

64. Western Mail, 1st May 1873, 4.

65. Western Mail, 26th June 1878, 3.

66. Western Mail, 2nd June 1877, 4.

67. Western Mail, 5th November 1870, 4.

68. Western Mail, 10th December 1874, 8.

69. Western Mail, 20th May 1885, 3; Davies, Secret Sins, pp. 171–72.

70. Western Mail, 18th November 1869, 4.

71. Western Mail, 30th August 1882, 4; 1st September 1882, 4; 19th October 1882, 4.

72. Western Mail, 28th November 1895, 6.

73. Western Mail, 11th July 1879, 4.

74. Western Mail, 26th March 1884, 4.

75. Western Mail, 17th January 1879, 3.

76. Western Mail, 30th December 1892, 5; 4th February 1892, 6.

77. Western Mail, 5th December 1889, 3.

78. This was also true in divorce suits; see Savage, Gail, ‘Erotic Stories and Public Decency: Newspaper Reporting of Divorce Proceedings in England’, Historical Journal, 41 (1998), 511–28CrossRefGoogle Scholar.

79. Western Mail, 1st December 1880, 4.

80. Western Mail, 21st November 1900, 7.

81. Jones, Rebecca's Children, pp. 370–6.

82. Western Mail, 17th August 1871, 3.

83. Western Mail, 24th February 1874, 5.

84. Harris, Fury Never Leaves Us, pp. 81–6.

85. Western Mail, 15th November 1870, 2; 17th November 1870, 4; 29th November 1870, 3; 1st December 1870, 2; 17th December 1870, 3.

86. Western Mail, 2nd July 1870, 2; 6th July 1870, 3.

87. Western Mail, 28th November 1876, 6.

88. Western Mail, 22nd May 1883, 4.

89. Western Mail, 26th September 1876, 6.

90. Western Mail, 31st January 1871, 2.

91. Western Mail, 20th July 1905, 6.

92. R.W. Ireland has argued that similar Welsh views of sexuality also influenced infanticide; see ‘“Perhaps my mother murdered me”: Child Death and the Law in Victorian Carmarthenshire’, in Christopher Brooks and Michael Lobban, eds, Communities and Courts in Britain, 1150–1900 (London, 1997), pp. 229–44.

93. Ginger Frost, ‘Promises Broken: Breach of Promise of Marriage in England and Wales’ (unpublished doctoral dissertation, Rice University, 1991), pp. 109–11.