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  • Essay / A review of "The Bastard of Anne Orthwood" by John Pagan

    In Bastard of Anne Orthwood: Sex and the Law in Early Virginia, John Pagan sets out to examine the complexities of the Eastern Shore legal system in the 17th century. It highlights the growing differences between the English and Virginian legal systems. Pagan, an early historian of American law at the University of Richmond Law School, tells a tragic story about the legalities surrounding an out-of-wedlock pregnancy case. Indentured servant Anne Orthwood's brief encounter with a man of higher social status resulted in a series of four trials. Pagan examines each case and the people involved, vividly connecting each case to broader themes of class, gender, labor, and economic power. The layout of the book devotes each chapter to a key character in Anne's case. The story begins, fittingly, with Anne Orthwood, the young indentured servant, who had a brief affair with Colonel William Kendall's young nephew, who enjoyed high social status in the community. Pagan does a masterful job of portraying the human side of the people surrounding each case. It connects the human element to decisions made by justices of the peace. These connections provide a clear understanding of the malleability of laws and legal changes made by empowered judges. For example, contract contracts have become extremely flexible in the face of local interests. Anne's deed was sold three times in two years, each without her consent, as would have been necessary in England. The second sale of Anne's trust deed prompted the case of Waters v. Bishopp, in which Waters discovered Anne's pregnancy and sued Bishopp for breach of contract and selling a "defective product." The English followed the rule of caveat emptor, in which a... middle of paper ... its seemingly common case of fornication and premarital pregnancy proved to be important to early American legal history. The unfolding of this history and the legal changes it brought about clearly show that by the end of the 17th century, the East Coast had shaped a distinct legal culture. The characters involved in each case also revealed the extent to which powerful actors were able to bend the law to their own interests. The goal of the powers that be was to protect property interests, protect personal reputation and liberty, and maintain social order. Pagan writes a gripping story mixed with the challenges of the East Coast legal system. This book gives a comprehensive explanation supported by research and similar cases as evidence of an ever-changing legal system. This should be required reading for a history or law student..