Despite the closure of the theatres in England from 1642 until Charles II returned to the country in 1660, numerous examples of drama both in print and manuscript during this period point to a sustained interest in the medium, and scholars such as Susan Wiseman have recently argued that any comprehensive survey of seventeenth-century drama must include a study of these sources rather than regard the Civil War and Interregnum decades as a pause between two great eras of early modern theatrical performance. Outside of the theatres, however, a growing news industry comprising celebrity stenographers and often fiercely partisan newsbook publishers drew upon theatrical tropes in their efforts to convey the drama of gallows speeches and court trials. One such instance of the latter involves the arraignment and acquittal of Sir Edward Mosely on 28 January 1647, recorded in the anonymous The Arraignment and Acquittall of Sr. Edward Mosely Baronet, Indited at the Kings Bench Bar for a Rape, upon the Body of Mistris Anne Swinnerton published on 8 February that same year. The format of the report itself is what interests me here, although the details of the case are worth recounting first.
After protesting that he could not obtain counsel due to “the tampering” of Mosely and several other gentlemen, the plaintiff’s husband proceeds to recount his evidence:
Mistress Swinnerton then steps up to voice her own evidence, but in the middle of her description of the alleged rape Mosely interrupts her:
[D]id not your Husband come to the Chamber doore at that time you pretended you were Ravisht, and knockt at the Doore, and I would have opened to Doore for him, whereupon your sayd it is my Husband; let the drunken sot stay without, and would not suffer mee to open the Doore
Anne naturally denies Mosely’s claim, and at this point the court returns to her husband by asking what he said to his wife upon entering the room. Master Swinnerton tells the court how he insisted that, “if shee were ravisht as shee sayd shee was” then his wife “must take her Oath of it, and indite him [Mosely] for it”, warning that if she refused this then Master Swinnerton “would believe, that shee had playd the Whore with him, and hee would turne her off, and live no more with her, and shee should be Sir Edward Moselies Whore altogether”.
Master Swinnerton then recounts how he sought out Mosely, and one day chanced upon him in Holborne. After much to-and-fro between them, Swinnerton presses Mosely to accompany him for a cup of ale, and “if he then would give me satisfaction, I would not prosecute the Law against him.” The court intervenes, demanding that Swinnerton clarify what he means by “satisfaction.”
Master Swinnerton answered, onley to know what he could say to excuse himselfe, the Court sayd, why, would you believe him before your Wife? Master Swinnerton answered, my meaning was; if he could satisfie me that my Wife was consenting to it, I had rather wave the prosecution, then bring my Wife and my selfe upon the Stage, and this was my intent and no other
After this, Mosely is asked by the court how Anne’s clothes were torn in the manner earlier described by her husband: “she alwayes went very ill favourdly in her apparrelly”, he replies. There is, however, no suggestion in the account that Mosely was asked to also explain her sprained wrist.
Anne’s maid is then called forth to explain what she saw in her mistress’ chamber immediately after the incident.
[W]hen I came from the Bakers, and entring into the chamber, I found my mistris crying, and wringing her hands, saying she was undone; Also I heard Sir Edward Moseley [sic] say, before I went to the Bakers, that he would lie with my Mistris though he were sure to be hang’d for it, and at all times hee was wont to bee very uncivill and rude when hee came into the Chamber, once hee came into the Chamber when I was there alone, truly I durst not stay in the Chamber, for I alwayes observed, Hee was so lecherously given that any Woman were shee never so meane would serve his turne; At this time he came into the Chamber a little before I went to the Bakers, I observed hee would faine have throwne my Mistris upon the Bed when I was there, but my Mistris would not yeeld to it, but grew very angry with him, and said hee was a rogue, and spit in his face, yet hee would not let her alone, whereupon I told him, if hee would not be more civill, I would call my Master, and if hee came hee would crack his crowne for using my Mistriss so uncivilly, Sir Edward Mosely answered he cared not a fart for my Master, and that for mee I was a base Jade, and hee would make mee kisse his, &c. what said the Court, but the Maid having some modesty could not bring it out, then said her Mistris, he said she should kisse something that was about him, what was that said the Court againe, Master Swinnerton answered, he said he would make her kisse his Arse, then the Court said to the Maide, you must not be so nice in speaking of the truth, being upon your Oath
Anne then alleges that she was offered a hundred pounds to keep quiet, but asserts that only if Mosely “would downe upon his knees and confesse that he had wronged me, I would not prosecute him”, further demanding that he wear a paper upon his breast or hat “acknowledging the injury hee had done unto mee.”
Doe you take me behinde
the Bed there… and see
whether you may doe it
Mosely calls upon his own witness – a Master Kilvert – who recounts how he once overheard Anne Swinnerton bragging about how, on a previous occasion, she had “received three hundred pounds for the composition of a Rape, which shee charged a Reverend Divine withall.” Despite seeming coy about giving the name at first, Kilvert reveals the wronged man as a Doctor Belanquell, who, conveniently, is “long since dead, and in Heaven.” Kilvert claims that Anne desired “two thousand pounds for a composition of Sir Edward Moseley”, and upon hearing this Anne cries out that Kilvert “was a Knave, and a Rascall, and all was flase which he said.” She does, however, confess to being present at the tavern where Kilvert claimed she made these statements – “but”, it is added, “this Rascall Kilvert had bewitcht her to come tither.” Kilvert concludes his evidence by recounting how, whilst in the tavern, Anne sat next to Mosely: “and there falls hugging and imbracing him; whereupon said hee, surely Lady whereas you say Sir Edward hath ravisht you, I doe believe rather you have ravisht him, otherwise you would not make so much of him.”
Another witness notes how “after I had seriously look’t upon her, and seeing of her a woman of that strength and body, I said, I wondred Sir Edward Moseley should ravish her: She said, do you wonder at that, why? doe you take me behinde the Bed there (there being a Bed in the Roome) and see whether you may doe it.” Further witnesses continue to paint a similar picture of the lady, together with further expressions of disbelief that Sir Edward was physically capable of raping her at all (one witness wonders “how Sir Edward being but a little Man and shee such a lusty Woman should be ravisht by him!”). Unsurprisingly, Mosely is found not guilty, but warned: “take heede what company you keepe hereafter.”
Michael Mendle has written that exchanges such as these “made the possibilities of the medium only too obvious.” He notes also that the reporter and his printer “had a few problems” by not using play typography, though I would argue that the very absence of this typography (witness names marked clearly in italics etc.) stresses the need for it in an account that is, even with my summaries here, difficult at times to follow – it can take a moment to figure out who is speaking, and when they are speaking it.
Despite this confusion, the very content of the report hints at the theatrical nature of these events. Swinnerton himself invokes stage imagery when he asserts that he would prefer not to perform before the court (and, possibly, its wider audience made possible via the reporter’s account of it). Even the maid’s narrative transpires like some comic interlude amidst the tragedy of Anne Swinnerton’s dishonour. One wonders, in fact, to what extent the players in this courtroom drama were deliberately performing roles in the presence of a reporter whose account could potentially broadcast their words to a wider audience capable of their own extra-judicial judgement.
It’s likely that the performative energies of the court were in place long before 1647, but with the theatres already closed for half a decade and reporters and stenographers now a common presence at court, those energies were greatly amplified. Even where little doubt remained concerning certain cases, a strong performance could nevertheless turn the accused into a martyr. Archbishop Laud’s demise was arguably celebrated more than it was mourned in England, but in a telling exchange with the stenographer present at his execution he clearly acknowledges the power of this medium to influence a public arena increasingly aware of its own importance:
Then turning to Master Hinde, [Laud] said, Friend, I beseech you hear me, I cannot say I have spoken every word as it is in my Paper, but I have gone very neer it, to help my memory as well as I could; but I beseech you, let me have no wrong done to me.
Hinde. Sir youshall [sic] not, if I doe any wrong let it fall on my own head. I pray God have mercy on your soul.
Cant. I thank you: I did not speak with any jealousie, as if you would so do, but I spake it onely as a poor man, goeing out of the world, it is not possible for me to keep to the words in my paper; and a phrase may do me wrong. [emphasis mine]
Mendle, Michael. “News and the pamphlet culture of mid-seventeenth-century England.”
The Politics of Information in Early Modern Europe. London, England: Routledge, 2001. 57-79. Print.
Wiseman, Susan. Drama and Politics in the English Civil War. New York: Cambridge University Press, 1998. Print.