A Review of John Pagan’s "Anne Orthwood’s Bastard"

In Anne Orthwood’s Bastard: Sex and Law in Early Virginia, John Pagan sets out to examine the complexities of the legal system on the Eastern Shore in the seventeenth- century. He brings to light the growing differences between the English and Virginia legal systems. Pagan, an early American legal historian at the University of Richmond School of Law, spins a tragic story on the legalities surrounding an instance of out-of-wedlock pregnancy. Indentured servant Anne Orthwood’s brief encounter with a man of higher social standing produced a series of four court cases. Pagan examines each case and persons involved, vividly connecting each case to larger themes of social class, gender, labor, and economic power.

The layout of the book devotes each chapter to a key figure in Anne’s case. The story begins, fittingly, with Anne Orthwood, the young indentured servant, who had a brief affair with the young nephew of Colonel William Kendall who was of high social standing in the community. Pagan does a masterful job of describing the human aspect of the people surrounding each case. He ties the human element with the decisions made by the justices of the peace. These ties offer a clear understanding of the malleability of the laws and the legal modifications that were made by empowered justices. For example, indentured contracts became extremely pliable to local interests. Anne’s indenture was sold three times in two years, each was without her consent as would have been needed in England. The second sale of Anne’s indenture provoked the case of Waters v. Bishopp, in which Waters had discovered Anne’s pregnancy and sued Bishopp for breach of contract and selling a “faulty product”. The English followed the caveat emptor rule, in which a...

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...his seemingly routine case of fornication and premarital pregnancy proved to be significant for early American legal history. The unfolding of this story and the legal changes that it brought about makes evident that by the end of the seventeenth century, The Eastern Shore had shaped a distinct legal culture. The characters involved in each case also revealed the extent the powerful players were able to shape the law to their own self-interests. The goal of the powers to be was to protect property interests, protect personal reputation and liberty, and to maintain social order.

Pagan writes a captivating story mingled with the challenges of the Eastern Shore legal system. This book gives a complete explanation backed up by research and similar cases as evidence of the ever-changing legal system. It should be a required reading for a history or law student.