Witches, Wife Beaters, and Whores: Common Law and Common Folk in Early America by Elaine Forman Crane (review)

A survey of the characters who populate Elaine Forman Crane's latest book could easily figure in a new spin-off of the Law and Order franchise focused on early America. The range of offenses—witchcraft, murder, rape, slander—and the colorful characters, not to mention the unexpected twists and turns of the cases (a ghost testifies in one!), provide a sort of ripped-from-the-headlines feel and a voyeuristic thrill. Crane delves deeply into the historical record—particularly legal documents—to present sometimes salacious and always fascinating stories of illegal activities from the past and the ways that individuals and communities sought to right wrongs and mete out punishments.

The book is a collection of somewhat intertwined microhistories; each of the six chapters tells a story about "the ways in which legal culture and the routine of daily life were knotted together in early America" (4). The examples show that litigants knew their rights and how to have their claims addressed in court; they often pursued their cases to the highest levels of appeal. Crane argues that "law was a matter of deep concern to the original settlers and that their knowledge of the legal process was surprisingly ingrained and extensive" (5). Knowledge of laws and legal processes, as well as the ability to appeal to legal authority, was more widespread than we might assume; the cases she presents show "extensive knowledge and consistent use of law by an astonishing number of people" (11). And indeed, many of the cases are quite astonishing. Crane shows that early America's courts were constantly occupied with matters involving the "witches, wife beaters, and whores" of her title, as well as all manner of common folk seeking resolution for matters large and small.

The book's microhistories have an intriguing geographic and temporal span. They are set in New Amsterdam, Maryland, Rhode Island, and Bermuda, making occasional stops elsewhere around the Atlantic world. The range of locations provides a wonderful comparative study, making useful connections that provide insight into not just one jurisdiction but many. The time line spans over 150 years, with the earliest chapters looking at the 1640s, '50s, and '60s and the latest running to the 1790s. The time span helps us understand the evolution of law and legal practice, especially since the legal process is an accretive one, as each new case adds to precedent. The progression of the chapters shows the movement from "custom" to "law": as Crane writes, "ordinary people 'made' law by establishing and enforcing informal rules of conduct" (8).

Chapter 1 focuses on slander cases in the Dutch settlement of New Amsterdam, where calling a woman a "whore" or a man a "knave" might be grounds for a lawsuit. While the sexual connation of these terms certainly was an element of the insult, Crane shows that the worry about slander was more about reputation in an economic sense. Her research shows that the men and women involved in these cases took these words seriously, perhaps not entirely because of the implied sexual impropriety, but because they made the slanderee appear less than respectable as a transaction partner; slander of this kind could have a significant financial impact.

Chapter 2 focuses on Bermuda, exploring the witchcraft cases there, which provide intriguing connections and contrasts with witchcraft trials in England and New England. The number of executions (five) in the Bermuda witchcraft outbreak of 1651-55 rivals (proportionally) similar incidents around the Atlantic world, including both England and New England. Since discussion of the hysteria in Salem often overshadows witchcraft studies elsewhere, this chapter is a welcome addition to our understanding of how witchcraft was perceived and how legal proceedings developed in response to local disturbances. Furthermore, Crane shows that in Bermuda at least, the populace was well aware of witchcraft trials elsewhere in the globe; specifically, testimony in one Bermuda trial indicates familiarity with the case...