Easter Football 1598: Surprising Details from some Star Chamber Depositions

The Records of Early Football series highlights types of evidence and sources central to the study of medieval and early modern football, as compiled in the REF database. This post spotlights court depositions (legal witness statements).

During Easter celebrations in 1598, the villagers of North Moreton, Berkshire (now Oxfordshire) gathered to watch and play football in the close of William Leaver, a wealthy yeoman farmer and high constable of the hundred. Multiple matches were ‘made and played’ on the day, including a particularly consequential one ‘between six persons’. Simon Watts, a husbandman from nearby Sandford, Oxfordshire and servant to a local gentleman, was present that day as a player and spectator:

he and some others went to play at football in a close…. and after [he] had there played awhile he left off and then a new match was made and played in the said close between William Field, John Field, Robert Field, Richard Gregory, John Leaver and a boy of one Sydbury’s and in that play the said Richard Gregory stroke the said John Field with his fist at two several times and at the last time John Field with his fist stroke Richard Gregory again (at which time one Brian Gunter, William Gunter and this defendant and John Gregory and diverse other persons were looking on the said play). John Field and Richard Gregory then buffeting one another, William Gunter went to them to part them and thereupon a quarrel began and blows were given between William Gunter and John and Richard Gregory. And then Brian Gunter seeing that affray drew his poniard [dagger] and coming to the Gregories did therewith strike and wound them both a little on the heads that the blood followed in some small measure...1

While this ‘small measure’ of bloodshed ended the fight, both of the young Gregory brothers would die some weeks later, allegedly from the head wounds sustained. The incident sparked a long-running family feud between the Gunters and the Gregories, which crackled on through a rising conflagration of assaults, witchcraft accusations, litigation, and ultimately an intervention from King James I himself. Historian Jim Sharpe masterfully reconstructed this sordid tale in his microhistory The Bewitching of Ann Gunter, which I highly recommend.2 But here I want to focus on the football match which started it all. The testimonies of Simon Watts and many other witnesses come from a 1601 case before the notorious Star Chamber Court in Whitehall.3 The evidence demonstrates how rich court depositions can be as a source for early football, challenging some preconceptions about the premodern game.

The Star Chamber case was launched against Brian Gunter and his men by various well-heeled yeomen of North Moreton, including the owner of the close where the football had taken place. The Gunters exerted considerable influence in the village, being the only gentry family. But the senior Brian was clearly an unpopular figure. The bill against him and his household alleged much lawbreaking and violence (not just the football incident). Simon Watts was one of Gunter’s servants and fellow defendants. His testimony was hardly impartial, but a wide array of witnesses corroborate the basic details of the event. Taken together, we can reconstruct a day of play in an Elizabethan village, gaining some insight into the two main questions of football history: how was the sport organized and played; how was it viewed and valued within society?

To take game play and organization first (see slide above), the North Moreton matches do not conform to the typical popular and scholarly image of premodern football as a mob game: ‘played by variable, formally unrestricted numbers of people sometimes in excess of 1000’, with ‘no equalisation of numbers’, ranging ‘over open countryside and through streets of towns’, exhibiting a ‘loose distinction between players and spectators…and an unusually high level of violence’.4 Mass games like this were certainly played during the Tudor period. For example, in March 1576 some 100 people assembled to play football in the rural parish of Ruislip, Middlesex, a game which eventually gave rise to ‘a great affray’. And mass games are also the main form of traditional football that survives today, in festive fixtures like the Easter Tuesday ‘ba game’ at Workington, Cumbria (pictured below).

Yet North Moreton’s Easter football in 1598 did not look like this.5 At least one of the games featured very small sides: just three matched against three. There was an element of formality in delineating these teams, seen in the distinction between ‘making a match’ and the playing of it. There were far more spectators than players and the lines between these two were quite clear. Simon Watts had played in a match earlier in the day, but stood ‘looking on’ for the second one. When the spectators closed in, it was not to participate in an ad hoc way, but to break up a fight. The game was not played across country or through streets, but within the relatively defined space of a local close – by definition a smaller piece of land often enclosed or fenced. Within this close, the game must have been fairly spaced out, considering the small numbers involved. But the players also must have regularly come together for close contact, since Richard Gregory struck John Field twice before the fight even began. Gameplay may have looked something like the contemporary woodcut pictured below, showing six ‘country swains’ at football.

Over the last few decades, football historians have increasingly recognized that games of small and even sides existed alongside mass games, long before the codifications of the nineteenth century.6 London schoolmaster Richard Mulcaster advocated for this type of football play as early as 1581, while schools and colleges in Aberdeen were putting it into practice in the early 1600s. Significantly, the North Moreton evidence shows that this type of football also existed outside elite and educated circles, among rural farmers. It is also of note that, though the Fields, Gregories and Leavers were not necessarily highly educated or of gentle status, they did come from the most powerful families in the village. Looking at the background of the players and spectators can tell us something about football’s place in this agrarian society.

Football was technically an ‘unlawful game’ in Tudor England – the Ruislip players of 1576, for example, were indicted for the offense. Despite this, the local oligarchy of North Moreton clearly embraced the sport. Play took place in the close of a high constable; this was a significant legal office (usually held by lower gentry or prosperous yeomen) with criminal and administrative jurisdiction over a subdivision of the county called the hundred. Moreover, the list of spectators included a veritable who’s who of the parish – wealthy and elder yeomen and husbandmen who periodically held local offices (see slide below). Our list of those present on the day is undoubtedly biased towards the upper crust of village men: they would have been favoured as witnesses in the Star Chamber case. But those of more humble status were probably there too, to judge from the attendance of poorer husbandmen and servants like Simon Watts and John Taylor. It may be significant that Simon played a separate match to the one between the higher status yeomanry. Perhaps these matches were a reflection (and reinforcement) of local social hierarchies.

Such interest across the social ranks shows how deeply embedded football was within village life. Moreover, it suggests a respectability to this sport, rather at odds with the view of contemporary intelligentsia. Most of them saw football as a brutal and dangerous pretext for settling scores, and engendering bad blood. In 1583, Puritan writer Phillip Stubbes derided it as ‘more a friendly kind of fight, than a play or recreation, a bloody and murdering practice, than a fellowly sport or pastime’. The North Moreton football would seem a case in point, until we look a bit closer.

There’s little evidence that the three-a-side match was an outlet for any pre-existing factionalism or enmity among the players and wider community. Or that such factionalism led to the fight. In fact, the depositions show the Field, Gregory, Leaver, and Sydbury families making common cause against the Gunters’ various indiscretions over the following years. Rough football play certainly led to the fisticuffs between John Field and Richard Gregory, but a multitude of witnesses saw William Gunter and others trying to break up or part the ‘buffeting’ players, rather than escalate things. According to John Taylor, the fighting was actually successfully quelled. But John Gregory objected to how William Gunter had handled his brother Richard, so they ‘fell to words and then to blows’. It’s this secondary fight that carried fatal consequences.

Rather than craving bloodshed, the players and spectators were seemingly trying to avoid it, trying to get the game back on track. Premodern football was obviously a violent sport: it was a close contact struggle to possess and advance a ball, prone to serious injury, flared tempers, pride and passion. But the same could be said for modern football codes. Bruising contact remains central in American and rugby football, while factional fighting has notoriously devolved to the hooligans and ultras in association football. The narrative that premodern football exhibited an ‘unusually high level of violence’ which the leisured classes then needed to reform during the 1800s to make our modern ‘civilized’ codes is a tidy story. Perhaps it is a comforting tale of progress to some. But using the past as a foil for the present does not make for good history.

As the rich incidental and contextual detail in this Star Chamber case hopefully makes clear, legal depositions can be an ideal source for premodern football history – something of a gold standard. Newspapers and antiquarian accounts may surpass them in detail, but those sources are invariably written from an outside perspective, usually elite and/or educated. And of course, newsprint only survives in numbers from the eighteenth century onward. What makes depositions particularly special is how they open windows onto the perspectives and experiences of ordinary people. We don’t have to simply take the hostile word of Stubbes or an indictment for granted: deponents can tell us (directly or indirectly) how and why they played football.

But just like any source, depositions have their own problems and limitations. For one, depositional references to football are exceedingly rare, though they can be found across the medieval and early modern periods. More problematic is the issue of reliability. Like today, legal witnesses such as Simon Watts were rarely impartial or infallible: they often had skin in the game and certainly had malleable memories. Testimonies could often contradict one another, and they were all mediated by convention, the legal process, and scribal language. How do we know the words on the manuscript reflect reality?

One approach is to compare and corroborate evidence across other sources, and the depositions of other plaintiffs, defendants and more impartial witnesses. You can then pair this with a degree of reasonable inference: Simon Watts would likely try to downplay any violence and injury, and portray himself, William Gunter, and others in his party as being concerned with keeping the peace, rather than causing a ruckus. But even witnesses who were no friend to the Gunters largely backed up Watts’ account. Moreover, he had far less reason to lie about the general organization of the football play, our main topic of interest. Beyond these techniques, we can use depositions as records of the plausible if not the definitively true. As Laura Gowing, historian of early modern gender and work, eloquently explains:

Fictions woven for court cases tend to reveal fantasies that had real power over people’s minds, and the power of the plausible means that fictionalised, exaggerated versions can be as useful to historians as strict truths. Alongside the key contested events, most testimonies include significant extraneous detail that reveals who was doing what, where and when. From the answers witnesses gave to leading questions, a landscape of daily life can be reconstituted alongside an attention to the fantasies and fictions people wove around their daily lives.7

Depositions from this Star Chamber case thus show early modern football as not merely a ‘bloody, murdering practice’, but a sport deeply inscribed into the ‘landscape of daily life’ in an Elizabethan village.

  1. The National Archives (TNA), STAC 5/L30/23, Deposition of Simon Watts. ↩︎
  2. James Sharpe, The Bewitching of Anne Gunter: A horrible and true story of deception,
    witchcraft, murder, and the King of England,
    (New York, 1999), chapter 2.
    ↩︎
  3. TNA, STAC 5/L3/19, L30/23, L31/124, L35/5. ↩︎
  4. John Goulstone, ‘Football’s Secret History – chapters 2 and 3’, Soccer & Society (2017), p. 2 quoting and critiquing E. Dunning, J. A. Maguire and R. E. Pearton, The Sports Process; A Comparative and Developmental Approach (1993). ↩︎
  5. Sharpe dates the football play to May 1598, based on the death of the Gregories in May and a note in the burial register saying the injuries were sustained a fortnight prior. However, this register note was added later at an unknown date. The Star Chamber material consistently dates the football to ‘at/in or about the feast of Easter’ (16 April that year). Such dating could be vague and approximate but May Day would have been a more typical marker for something which occurred in early May. Regardless, this small-sided type of football was plausible enough as an Eastertide occurence not to raise any objections from deponents. ↩︎
  6. Goulstone’s Football’s Secret History (2001) was a pioneering work in this regard. ↩︎
  7. Laura Gowing, Ingenious Trade: Women and Work in Seventeenth-Century London (Cambridge, 2021), p. 6. ↩︎

‘The Ploughman’s Feasting Days’: Festive Work Relations in Thomas Tusser

Originally posted on the University of Exeter’s History of Economy Research Blog on 23 February 2021.

This blog post explores the relationship between work and festivity (and play more generally) in early modern England, through the lens of Thomas Tusser’s Five Hundred Points of Good Husbandry united to as many of Good Huswifery.¹ Tusser’s poetic advice manual on Elizabethan agrarian life provided useful and entertaining information for modest landholders, addressing the farming year, working day, and household management, among other subjects. Published and reworked in stages from 1557 until the author’s death in 1580, it was immensely popular during Elizabeth’s reign (perhaps the best-selling book of poetry), with eighteen editions in the 16th century and periodic re-printings throughout the 17th. During the 18th and 19th centuries the treatise remained a cultural touchstone, with new editions adding commentary which reflected contemporary rural practices. Structured around the agrarian calendar, issues of seasonality and festive custom naturally pervade the text. Yet one section in particular celebrates the feasting days of rural servants and workers, and that will be my focus here.

But first, a little more background on the author and the publication history. Thomas Tusser was a gentleman farmer and poet, born around 1526 in Essex. Educated at St Paul’s, London (as a chorister), Eton College and then Cambridge University, Tusser began his career as a musician at the royal court, under patronage of William Paget, from around 1544 to 1552. After his patron fell from royal favour, Tusser left court, married, and took up farming in Cattiwade (Suffolk). Here he began writing his farming manual, initially entitled A Hundred Points of Good Husbandry (published 1557). Due to his wife’s ill health, Tusser moved to Ipswich (where his wife died) and then settled with a new wife and family in West Dereham (Norfolk). They would move again to Norwich, and finally to Fairsted (Essex), where Tusser would spend the remainder of his life farming on tithe land. Although not a particularly successful husbandman, Tusser’s real and varied experience as a farmer in Suffolk, Norfolk and Essex would greatly influence his poetry.

Over the last two decades of his life, Tusser continually shaped his husbandry manual. In 1562 he ‘married’ his hundred points on husbandry (focused on the husbandman’s monthly tasks) to ‘a hundred good points of huswifery’ (focused on the huswife’s daily labours). This format was published again in 1570 and 1571, and then in 1573 expanded to ‘five hundred points’ of advice. This was essentially the final form of the book, though there were small changes and additions throughout the 1570s, and particularly in the 1580 edition. As will be discussed below, these small edits could significantly supplement or alter meaning.

Subsequent editions largely copied the 1580 format, until Daniel Hilman’s Tusser Redivivus (1710). This was a partial re-print with substantial ‘observations explaining many obsolete terms…and what is agreeable to the present practice’. Later scholarly editions in 1812 (Mavor), and 1878 (Payne and Herrtage) would follow Hilman’s lead, attempting both interpretation and contemporary comparison. As a result, the many editions of Five Hundred Points of Good Husbandry provide something of a running commentary on rural industry and custom in England from the mid-16th through the 19th centuries, with notes on change over time and regional differences.

This intertextual conversation is particularly pertinent to the section called ‘the ploughman’s feasting days’. First appearing in the 1570 edition, in the ‘book of huswifery’, it describes a series of celebrations important to servants-in-husbandry. The opening quatrain sets the stage:

Good huswives, whom God hath enriched enough,

forget not the feasts that belong to the plough.

The meaning is only to joy and be glad,

for comfort with labour is fit to be had.

Stanzas follow dedicated to each feast and its associated activities. They proceed in calendrical order, starting with Plough Monday – traditionally the first day back at work after Christmastide break:

Plough Monday, next after that Twelfthtide is past,

bids out with the plough, the worst husband is last.

If ploughman get hatchet or whip to the screen,

maids loseth their cock if no water be seen.

This quatrain captures the general spirit and form of the others which follow. For simplicity’s sake, I have distilled the rest of the poem into a chart below, summarizing and interpreting where possible. Of course, the Plough Monday stanza also captures just how difficult interpretation can be when dealing with obscure terms and festive customs. What is going on with the ‘hatchet or whip to the screen’ or the cock and the water, for instance?

Plough Monday Festivities from The Costume of Yorkshire (1814) by George Walker (1781-1856)

To parse these customs’ meanings, historians and literary scholars have perhaps been too quick to rely on subsequent commentaries. Payne and Herrtage (1878) and Mavor (1812) drew heavily on contemporary descriptions of festive ‘survivals’, and most heavily on the ‘observations’ of Daniel Hilman. While an early modern himself, Hilman was a surveyor from Surrey who wrote 140 years after Tusser. His explanations of these feast day activities likely say more about customs in his own time and region than they do about Tudor East Anglia. We should not fall into the trap of thinking festive customs immutable or invariable.

Indeed, Tusser supplies direct evidence of regional variance in these feast day traditions through his own glosses. From the 1580 edition onwards, glosses indicate in which (nearby) counties these customs were found (i.e. they were not universal). Such glosses replaced older ones (from the 1570, 1571 and 1573 editions) which clarified the feast day occasion, sometimes with comical redundancy. For example, the stanza, ‘Shrovetide: At Shrovetide to shroving, go thresh the fat hen’ includes the superfluous gloss *At Shrovetide.

Still, elsewhere the glosses provide our only direct evidence of occasion. Using these glosses, and prioritizing contemporary (or near contemporary) evidence, the following chart presents the full panoply of the ploughman’s feasts, with attempts to discern ‘hen-threshing’ and the like. The original verses can be viewed in this online edition of Payne and Herrtage.

The ploughman’s feasting daies. [Original terms/text in italics]

Feast TitleSummary/Interpretation of ActivitiesGloss – Occasion (Editions 1570, 1571, 1573)Gloss – County (Editions 1580 onwards)
Plough MondayBack to work after Christmastide. Competition to avoid being last husbandman to bid out with the plough. Also competition within household to return tools to the screen/hearth first [ie finish tasks first], between serving-men [ploughing, pruning] and maids [fetching water]. Prize at stake seems to be a cockerel, perhaps for eating/play at next feast.At Twelfthtide [Monday after Plough Sunday, ie first Sunday after Twelfth Day, 6 January]Leicestershire
ShrovetideDevoted to ‘shroving’ [carousing/celebrating]. A fat hen given to the serving-men to thresh – a blood sport where blindfolded competitors try to strike the immobilized bird, killing and tenderizing it. Besides feasting on this poultry, servant-maids make enough fritters and pancakes for the household. Even the lowly slut [scullery maid] gets one for company sake [fellowship’s sake].At Shrovetide [Moveable festival ending with Shrove Tuesday on eve of Lent, falls in February or March]Essex and Suffolk
Sheep ShearingFeasting during/after the shearing of sheep. Huswife to prepare the dinner, sparing flesh neither corn and making wafers and cakes. Seems to be a communal work activity which includes the neighbours as well as servants in husbandry, all expecting good cheer and welcome.At Midsummer[24 June]Northamptonshire
Wake DayMaids tasked with staying up on the eve of Wake Day, baking flans in the oven. The parish festival would be characterised by general revelry for the serving-men and women, when every wanton [merry girl] may dance at her will, both Tomkin with Tomlin, and Jankin with Gill.The Wake Day [Dedication feast for parish church or chapel, most occurred between June & October]Leicestershire
Harvest HomeAfter the harvest finishes, the ploughmen are given a harvest home goose to feast upon.In August 
Seed CakeDuring this week, if the weather hold clear, the last of the wheat sowing should be completed. The huswife is tasked with preparing the seed Cake, the Pasties [pies], and Furmenty pot [similar to cream of wheat] for a celebratory feast.At Hallowtide [Halloween, All Saints, All Souls, ie 31 Oct-2 Nov]Essex and Suffolk
Twice a Week RoastBy custom and right, good ploughmen expect roast meat suppers twice weekly. Who so keeps these and the above customs, they will call thee good huswife, [and] love thee likewise.Twice a Week [On Sunday and Thursday nights]

What conclusions can we draw about early modern work, play and festivity from these ploughmen’s feasts, and what further questions do they spark?

First, we might view them in terms of classic historiographical approaches to festivals. Social histories of festive culture in early modern England (and Europe more broadly) often query, in a general sense, how far festive phenomena reinforced or subverted the social or political order through public action (Burke, 1978). In more specific senses, they focus on periods of contestation, when the very ideas and actions of festivity became the subject of political conflict. Early modern England was full of such periods, from macro reformations, revolutions and restorations (Hutton), to micro struggles over local enforcement of King James I’s Book of Sports (Marcus).

Tusser’s poem, in contrast, speaks more to festivity’s ability to inform the social order of a single household, rather than society as a whole. It also highlights the vital and enduring social importance of festivity, whether or not it happened to be a political football contested at the time.

Scholarly approaches to feasting as a reciprocal act informing social relations might be more pertinent here. Felicity Heal’s research on gift-giving, hospitality and charity in early modern England, for example, has highlighted how feasting and food-gifts ‘established and developed the bonds of good lordship and clientage’ in premodern society (2008:45). Most scholarship in this vein, however, has focused on the bonds between hosts and guests, tenants and landlords, and neighbours, often with an emphasis on Christmastide feasting.

Tusser’s ploughmen feasts stand somewhat apart in concentrating on the master-servant relationship, and in taking place outside the high holy seasons of Christmas, Easter or Whitsun. Indeed, most of his feasts had only a tenuous link to the liturgical calendar and, significantly, were characterised by blurred lines between work and play: ‘comfort with labour is fit to be had’. These feasts thus do not sit easily within classic labour-leisure models, where ‘pre-industrial societies had festivals…while industrial societies have leisure’ (Burke: 137; Marfany). If the latter was so, where did premodern festivals infused with work fit? Nor do they complement early modern elite understandings of play as antithetical to work, projecting instead a sympathetic view of play as essential to work identities and relations. A perspective perhaps indicative of Tusser’s experience as a musician and poet.

More broadly, the ploughmen’s feasts point to the complexity of the festive gift economy as a social and symbolic system. We know feasting informed early modern social relations, but the specific seasonal (not to mention liturgical) context of a feast could influence exactly which social bonds were informed and why. Tusser, for example, devotes a separate section of his book to Christmas feasting, highlighting the multi-lateral giving among various levels of society during that season [emphasis mine]:

At Christmas be merie and thankfull withall,
And feast thy poore neighbors, the great with the small,

This stands in contrast to the more pointed, downward giving to household servants during the ploughmen’s feasts (save perhaps sheep shearing, which included neighbours as well).

Lastly, if these feasts speak to the master-servant relationship, what do they say? For one, the latter should be definitively renamed the ‘dame-servant’ relationship, for Tusser makes clear that the huswife negotiated, managed and maintained such work relations. Elsewhere in his book, Tusser advises huswives how best to order, manage and discipline servants. But on the feast days, the shoe was on the other foot: feasts were both practical and symbolic manifestations of a social contract (a two-way exchange), epitomising what was owed the servant by ‘custom and right’ in this relationship. Tusser employs imperative after imperative to reinforce this point: ‘This must not be slept / Old Guise must be kept’. With a final flourish, he drives home the far reaching significance of these festive exchanges, not just to household cohesion and amity, but also to the essential premodern commodity of reputation:

This doing and keeping such custom and guise,
they call thee good huswife, they love thee likewise.

[¹] I have modernised Tusser’s spellings throughout this post, with exceptions here and there, when the early modern spelling helps draw a distinction between premodern and modern definitions (e.g. ‘huswifery’ and ‘huswife’) or contributes to meter or rhyme.

Further Reading

Primary

Secondary

McRae, Andrew, ‘Tusser, Thomas (c. 1524–1580), writer on agriculture and poet’, Oxford Dictionary of National Biography. 23 Sep. 2004; Accessed 19 Feb. 2021. https://www.oxforddnb.com/view/10.1093/ref:odnb/9780198614128.001.0001/odnb-9780198614128-e-27898

Burke, Peter, Popular Culture in Early Modern Europe (1978, rev. repr.; Farnham, 2009).

Burke, Peter, ‘The Invention of Leisure in Early Modern Europe’, Past & Present, 146 (1995), 136-50.

Heal, Felicity, ‘Food Gifts, the Household and the Politics of Exchange in Early Modern England’, Past and Present, 199, 1 (2008), 41-70.

Hutton, Ronald, The Rise and Fall of Merry England: The Ritual Year 1400–1700 (Oxford, 1994).

Marcus, Leah, The Politics of Mirth: Jonson, Herrick, Milton, Marvell, and the Defense of Old Holiday Pastimes (Chicago, 1986).

Marfany, Joan-Lluis, ‘Debate: The Invention of Leisure in Early Modern Europe’, Past & Present, 156 (1997), 174-191.

McRae, Andrew, God Speed the Plough: the Representation of Agrarian England, 1500–1660 (Cambridge, 1996).

The Pudding Pinching Heifer Heisters

This post is part of a series marking the print and online Open Access (free) publication of The Experience of Work in Early Modern EnglandThe book is co-authored by Jane Whittle, Mark Hailwood, Hannah Robb, and myself (Taylor Aucoin). It uses court depositions to explore everyday working life between 1500 and 1700, with a particular focus on how gender shaped work. This post first appeared on the Forms of Labour Project website in 2020.

About a month before Christmas 1626, a company of men approached the house of one ‘Duck-wife Lucas’ in Hoghton, Lancashire, knocking at her door and demanding ‘to come in and drink’. Being ‘about ten of the clock in the night time’, the whole family were then in their beds. Nevertheless, Henry Lucas, the duck-wife’s son, arose to let the company in and fill them some ale. After a time, members of the party, particularly two named James Garstang and Edward Cattrell, grew ‘outrageous and unruly’, and demanded Henry ‘give them some pudding’. Henry answered that ‘he could give them none’, and then fetched his mother out of bed.

Duck-wife Lucas quickly moved to placate the rowdy group, assuring them they ‘should have anything in the house that was fitting’, as long as they would ‘keep good order among themselves’. This proved too much to ask. No sooner had she taken ‘water & set over the fire & boyled two puddings’, then someone filched them ‘out of the pan…before they were half-ready’. Then the company began taking down cheeses ‘from the shelf’, cutting, eating, and absconding with them ‘at their pleasure’. But Garstang and Cattrell soon went beyond discourteous cheese-eating and pudding-pinching. Evidently feeling affronted in some way, they gave ‘fowle words’ to Henry Lucas and his mother, before finally levelling this ominous threat: ‘they would be even’ with Duck-wife Lucas, ‘before hunting time went out’.

Such was the information Henry Lucas gave to a justice of the peace on the last day of May 1627. His testimony, along with those of five other men, provided evidence for a criminal case that had been the talk of the township for half a year, and would now be heard at the Midsummer Quarter Session in Preston. For as Henry concluded in his deposition, a few nights after her threatening treatment Duck-wife Lucas had ‘a black heifer [young cow] stolen out of her ground’.[1]

Illustration of April in Michael Beuther, ‘Calendarium Historicum’ (Frankfurt, 1557) ©The Trustees of the British Museum CC BY-NC-SA 4.0

Aside from the intrigue of the hijacked heifer, Henry’s one-page deposition contains much of interest to the social historian. There’s information about time-use (what hour the family was abed) and time-reckoning (the reference to ‘hunting time’). There are signs of atypical household structure in the descriptions and interactions of Henry Lucas (a husbandman) and his mother (a duck-wife). ‘Husbandman’ would normally imply Henry headed his own household and farm, yet he seems to have lived in the house and under the authority of his mother. Unlike most women in early modern court records, she was described by her occupation (someone who keeps ducks), rather than her marriage status (spinster, wife, widow). Beyond duck-keeping, it’s heavily implied she was an alehouse keeper (though that’s never stated outright), and she certainly owned some cattle. Clearly, Duck-wife Lucas was a woman of some economic position and power.

The distinct work activities listed in Henry’s blow-by-blow account speak to these questions about gender, labour and authority (our project’s primary interests). Why, for example, did Henry decline to provide puddings after otherwise catering to these guests? Did he lack the necessary cooking skills? Was this a task thought unfit for a husbandman? Was it outside his authority to portion out his mother’s goods? Or was he simply fed up dealing with these annoying drunks alone? Whatever the case, Henry went into obsessive detail about his mother’s cookery, recounting each step of her work and lingering over the great scandal of the purloined puddings, snatched from the pan before their time, ‘but by whom [he] kneweth not’. To Henry this seemingly small matter was no mere trifle!

Diego Velázquez, Old Woman Frying Eggs, c. 1618, National Gallery of Scotland. Public Domain.

What’s less clear is how such ostensibly irrelevant minutia pertained to the case of the stolen cow. Perhaps Henry was trying to establish the context of the threat against his family, and the ill-fame of those he suspected of the heifer theft. But regardless of their value as legal evidence, these little particulars provide rare insight into the experience and specifics of early modern food production, and are exactly the kinds of ‘work activities’ we collect for our project database. Work practices also suffuse the other case depositions, which pick up the story in later months.

As the carpenter William Dawson deposed, not long after the heifer went missing, ‘ the matter was spread abroad and in everybody’s mouths’. During Lent, masons, stonemen, wallers and husbandmen working at stone delfs (quarries) in nearby Wheelton and Withnell, ‘did falle in talk about the said heifer, wondering who [did] steal her’. This seventeenth-century watercooler gossip – a glimpse of intersecting labour and sociability in the local industrial economy of upland Lancashire – soon brought damning evidence against the culprits to the surface.  One stoneman, William Horrobyn, ‘did of his own mere motion’ report that James Garstang, with some accomplices, had done the deed and given the heifer to Edward Cattrell. Garstang would later confront Horrobyn about the matter a few weeks before Easter, digging himself a hole even deeper than the stone delf when he angrily confessed: ‘I have done the said Lucas wife wrong & if she complayne I will do her a further injury’.

But the Lucas family would not be cowed. Nor were they content to simply wait for justice to run its course. According to Dawson, Henry Lucas travelled some 25 miles to Hebden Bridge in Yorkshire, to meet ‘with a wiseman to know which way the said heifer was gone’. The ‘wiseman or witch’ showed Henry ‘in a vision, those persons that took the said heifer’ and told him it was being kept ‘between two corn moughs [stacks]’. As several surviving recognizances (bonds to appear in court) demonstrate, the Lucas family would later move to prosecute Garstang, Cattrell and their accomplices at the quarter sessions, though it’s unclear whether the magical consultation (itself a form of work) influenced this decision.

While the evidence appears stacked against Garstang &co, the depositions (as is typical) do not provide a verdict for the Midsummer trial. Related sources like indictments, when they survive, sometimes contain such information, but even with them we are always left with but part of a story. Frustratingly, many questions remain that will never be answered. Was the wiseman’s vision accurate? Did Duck-wife Lucas ever get her heifer back? And of course, the burning question on everyone’s lips: who pinched the puddings from the pan? Whoever that villain was, we can only hope he got his just deserts.

[1] Lancashire Archives, QSB/1/25/31.

The Magiconomy of Early Modern England

This post is part of a series marking the print and online Open Access (free) publication of The Experience of Work in Early Modern England. The book is co-authored by Jane Whittle, Mark Hailwood, Hannah Robb, and myself (Taylor Aucoin). It uses court depositions to explore everyday working life between 1500 and 1700, with a particular focus on how gender shaped work. This post first appeared on the Forms of Labour Project website in 2020.

On the night of 8 April 1693, a burglar broke into Thomas Masterman’s house in Stokesley, making off with the hefty sum of £2 10s. To identify the thief and reclaim his money, Masterman trekked south through the north Yorkshire moors to Byland Abbey. There he met with William Bowes, described by Masterman as ‘a man who pretends to discover stolen goods by casting of figures or otherwise’. Bowes proceeded to do just that, and ‘in a glass did show…the likeness & physiognomy of Richard Lyth’,  a tailor to whom Masterman had recently repaid a small debt. Bowes advised to look no further than Lyth for the thief, adding that, ‘he could not have power to dispose of the money, but within a few days it would be brought again & thrown in a corner near [Masterman’s] house’. For this information and service, Bowes received one shilling in payment.[1]

Masterman’s story, captured in a court deposition from the North Riding of Yorkshire, is not altogether unusual for the time. We know that many premodern English men and women similarly consulted and contracted local magical practitioners (variously called wisemen, cunning folk, or soothsayers) to cure ailments, find lost or stolen property, or fix other problems. While reading through court depositions from quarter sessions of the peace for counties of northern England, I’ve come across a number of references to such ‘practical magic’, as well as more classic examples of malicious witchcraft. And since it’s Hallowtide, it seems the perfect time to survey these magical findings and discuss their relevance to the project: what they suggest about the relationship between work and magic during this period, and the ways in which some magical activities could constitute ‘forms of labour’ in their own right.[2]

In the northern quarter sessions at least, I’ve found that depositional evidence of magic usually derives from just a few types of criminal cases.

Most obvious are those of witchcraft, where the very crime concerned was the use of black magic to harm people or property.

While witchcraft was legally a felony and should have been tried at higher courts like the Assizes, cases could initially be examined at the county quarter sessions.[3] And so we sometimes get depositions like those against widow Dorothy Bentum of Coppull, Lancashire, who in 1676 allegedly ‘did harm by her tongue’, bewitching one women into madness and another to death.[4]

Evidence of magic also crops up in defamation cases, when plaintiffs brought suits against those who slanderously accused them of witchcraft and thereby harmed their public reputation.

Like witchcraft, defamation was usually handled by other courts in England, namely those of the church.[5] Nonetheless, similar cases could be brought up at the quarter sessions, like when Anne Harrison, a widow of Burland, Cheshire deposed in 1662 that her daughter-in-law had uttered the following defamatory words against her: ‘God blesse me against all witches and wizards and thou art one’.[6]

In such cases of defamation or witchcraft, magic was either integral to the crime or the crime itself. Yet magic could also be more incidental or tangential to a case. Accusations of witchcraft, for example, sometimes prompted retaliatory breaches of the peace. In a 1690 physical assault case from Idle, Yorkshire, Martha Thornton attacked James Booth and ‘dasht his head against a cupboard’ because the latter man claimed Martha had ‘destroyed’ his daughter ‘by witchcraft’ and also ‘did ride on witching every night’.[7]

But as Thomas Masterman’s story implies, not all depositional references to magic were negative. Theft cases – the vast majority of business handled by the quarter sessions –  sometimes yield references to practical, helpful magic, as plaintiffs sought to track down their missing goods. In a case that I’ve already covered in detail for a previous blog post, Henry Lucas of Hoghton, Lancashire travelled across the county border in 1626 to consult with a ‘wiseman or witch’ in Yorkshire about his mother’s stolen cow. The wiseman provided a vision ‘of those persons that took the said heifer’ and told his clients where the cow might be found.

Similarly, in 1612, when a servant-boy named Thomas Aston went missing in Over, Cheshire, his master and mistress went to ‘blynd Burnie, to know whether he were quicke or dead’. Blind Burnie obliged, and ‘told them he [Aston] was alyve and lustie and was in Torpley parish and that at Michaelmas he would come home again to fetch his cloathes and the rest of his hire’.[8] Blind Burnie’s foresight proved myopically off target – not altogether shocking considering the wizard’s name!

It is these references to soothsaying and consultation that most clearly qualify as ‘magical work activities’ for the purposes of our project. They were transactional in nature, and although technically illegal, the magical acts themselves weren’t usually under criminal investigation. While rare, they hint at a much wider service industry of magic – what we might call a ‘magiconomy’. Like much else in early modern society, it was underpinned by reputation. As Alan MacFarlane demonstrated in his classic study of witchcraft in early modern Essex, people would travel long distances to consult specific cunning folk because of their famed skill, and not necessarily those practitioners nearest to them.[9] The same seems to have been the case in the north: Thomas Masterman and Henry Lucas each travelled over twenty miles to remote locations for their respective magical consultations.

Cunning folk also had a complex relationship with remuneration. Although many were poor characters living on the periphery of society, some refused payment for their services, claiming that compensation disrupted their abilities.[10] Interestingly, this represents something of an antithesis to work by commission or piece-rate, challenging the assumption that the quantity/quality of labour or service necessarily increased with the incentives offered. It also reinforces an argument that our project champions: that unpaid work was still work.

All that being said, many practitioners of ‘good’ magic did indeed charge for their services. William Bowes of Byland Abbey certainly received one shilling for his prognostication. We don’t know if Blind Burnie or the Wiseman from Yorkshire also had going rates, but one large and complex case, from our sample of quarter sessions depositions in eastern England, suggests the potential complexity and variance of magical service transactions.

In 1590, the Hertfordshire quarter sessions heard a case against Thomas Harden of Ikelford, who was ‘rumoured to be a wiseman and skilful in many matters’. The depositions include a veritable laundry list of magical work activities and corresponding prices: 6d (with more promised) to cure a ‘changeling’ child who could neither speak nor walk; 5s worth of money, bacon and pigeons to find a stolen parcel of clothes; 12d (with 20s more promised) to discover two lost horses; 40s (with an extraordinary £20 more promised) to divine who had burned down a house.[11]

There was clearly a pattern of paying a smaller sum upfront, with more promised upon the (presumably) successful completion of service. It was this last criterion that seems to have landed Harden in hot water, essentially for fraud. The problem was not so much that he illegally practiced magic or witchcraft (the deponents gladly and openly consulted him) but that he provided faulty prognostications and cures and then refused to refund customers. Thomas Masterman may represent a similarly dissatisfied client, since his deposition at the beginning of this post was actually levelled against William Bowes and pointedly stated that Bowes merely pretended to discover lost goods.

In Thomas Harden’s case, he eventually confessed to the charges of fraud. He admitted ‘that he could do nothing’, but added that ‘there was a time when he could do much’, before a ‘nobleman of the realm’ tricked him out of his ‘familiar spirit’ and a ‘great many books’. Such cases of fraud imply, as many scholars have been at pains to point out, that practical magic was a craft like any other: it required skill, tools of the trade, and a reputation for effectiveness, with avenues in place for quality control.[12]

And just like many other early modern forms of labour, magic was gendered, with discovering lost property generally coded male, and charms, incantations, and curses usually coded female.[13] This division of labour, and the types of quarter sessions cases most likely to contain evidence of magic (i.e. witchcraft, theft, fraud), help explain the overrepresentation in our depositional references of men as positive practitioners and women as negative ones.

Much more could be said about these magical work activities. For example, as our research proceeds apace on samples of court depositions from northern and eastern England, there may be scope in the future for comparisons between regions or types of courts. But regardless, practical magic demonstrates the diverse forms which early modern labour could take, and the incredible richness of early modern depositional material for a wide range of research topics.

[1] North Yorkshire Record Office (NYRO): QSB/1693/230.

[2] The literature on magic and witchcraft in premodern England is obviously vast, but on popular or cunning magic in particular see Tom Johnson, ‘Soothsayers, Legal Culture, and the Politics of Truth in Late-Medieval England’, Cultural and Social History, (2020) DOI: https://doi.org/10.1080/14780038.2020.1812906; Catherine Rider, ‘Common Magic’, in The Cambridge History of Magic and Witchcraft in the West: From Antiquity to the Present, ed. David J. Collins (Cambridge, 2014), pp. 303–31; Owen Davies, Popular Magic: Cunning-folk in English History (London, 2008); Alan MacFarlane, Witchcraft in Tudor and Stuart England: A Regional and Comparative Study (Abingdon, 1970), ch. 8; Keith Thomas, Religion and the Decline of Magic: Studies in popular beliefs in sixteenth and seventeenth century England (London, 1971).

[3] On early modern legal jurisdiction over magic and witchcraft see MacFarlane, ch. 3.

[4] Lancashire Archives (LA): QSB/1/1676/ Information of Richard Fisher, Examination of William Millner.

[5] For some examples from the Diocesan Courts of the Archbishop of York: https://www.dhi.ac.uk/causepapers/results.jsp?keyword=witchcraft&limit=50

[6] Cheshire Archives and Local Services (CALS): QJF/90/1/100.

[7] West Yorkshire Archives Service (WYAS): QS1/29/9/ Examinations of John Thornton, James Booth, Lawrence Slater.

[8] CALS: QJF/41/4/71-73.

[9] MacFarlane, pp. 120-1.

[10] Johnson, p. 6; Rider, p. 321; MacFarlane, pp. 126-7.

[11] Hertfordshire Archives and Local Studies: HAT/SR/2/100.

[12] Johnson, p. 10; Thomas, pp. 212-52; Davies, ch. 4.

[13] On the gender of magical practitioners, see Johnson, p. 5; Davies, ch. 3; MacFarlane, pp.127-8. And for cutting-edge work on the gender dynamics of practical magic, as a craft and service industry in premodern England, see the research of Tabitha Stanmore, particularly Love Spells and Lost Treasure: Service Magic in England from the Later Middle Ages to the Early Modern Era (2023) and Cunning Folk: Life in the Era of Practical Magic (2024).

Common Wealth Games: Civic Shrove Tuesday Football in Medieval and Early Modern Britain

An adapted version of this post was published as Pancakes and football: a brief history of Shrove Tuesday in the UK for The Conversation.

For nearly a millennium, Brits have celebrated Shrove Tuesday with food and sport. Today, pancakes have become the chief focus of what was once a more elaborate pre-Lent festival called Shrovetide. But during the medieval and early modern periods, a spirit of communal play and competition pervaded almost every aspect of Britain’s Carnival. Shrovetide games ranged from cruel animal blood-sports like cock-fighting, to tug-o-wars and skipping. Yet no Shrovetide sport was more widespread and long standing than football.

According to players from the Scottish Borders town of Duns in 1686, it was ‘an ancient custom throughout all this kingdom to play at football upon Fastens Eve [i.e. Shrove Tuesday]’. And indeed, Shrovetide ball games are documented from the 12th century onwards, in scores of communities throughout Britain and northern France, with several surviving today in England and Scotland. Despite legal bans on football in pre-modern Britain, many Shrove Tuesday matches benefited from the support of those in charge, like the bailiff and elders of Duns. Why did some civic institutions and leaders embrace this game in the face of prohibition, and what can this tell us about the social value of football, sport and festivity in the past?   

Shrove Tuesday football in Ashbourne, Derbyshire on 9 February 2016. Two games are played every year. One on Shrove Tuesday and the other on Ash Wednesday. Evidence for the tradition may date back as early as 1683. Photo Credit: Taylor Aucoin

‘Football’ in this pre-modern sense refers to a loose family of games where players contested a ball with hand and/or foot, usually towards a goal. As ancestors to our modern football codes (association, rugby, American, etc.), ‘folk football’ matches varied considerably in manner of play. Shrovetide games were often the marquee match-ups of the day, mass games with scores or even hundreds of participants. Whether town versus country, or married against bachelors, teams battled to move the ball through streets and countryside, towards goals like mills, streams, or even the kirk.  

Due to its destructive potential, football oft fell afoul of authority. Medieval royal prohibitions called it ‘vain, unthrifty and idle’, while Puritans deemed it ‘a bloody and murdering practise’. But others in power obviously saw its appeal, to judge from its festive sponsorship in many cities and towns. Tudor Chester provides a detailed and prototypical example. Every Shrove Tuesday in the early 16th century, the Merchant Drapers’ Company received a football from the Shoemakers’ Company, a wooden ball from the Saddlers’ Company, and a small silk ball from each city freeman married within the last year. Under the mayor’s supervision, the Drapers tossed up the balls (which doubled as prizes) for the craftsmen and crowd to play from the common field to the city’s Common Hall.

The particulars of Chester’s Shrovetide sponsorship were mirrored throughout the British Isles. Craftsmen and guilds played key roles as participants and providers of the ball. On Shrove Tuesday 1373, skinners and tailors played in the streets of London, while butchers did the same in Jedburgh 1704. The Skinners’ and Shoemakers’ companies paraded the ball to the match between married and bachelor freemen in late 18th-century Alnwick. Indeed, leather-workers like shoemakers were especially important, crafting Shrovetide footballs in 15th-century London, 16th-century Glasgow and 17th-century Carlisle.  

Newlyweds also fronted the ball in many communities. As in Chester, recently married freemen of Dublin had to present a ball to city magistrates every Shrove Tuesday during the 15th and 16th centuries. Newlywed members of trade guilds in Perth and Corfe Castle (Dorset) also paid a Shrovetide ‘football due’, while a similar custom seems to have existed in medieval London. These were part of a broader folk tradition, where new married couples owed a ‘bride ball’ or ‘ball money’ to their community. Since weddings were customary during Shrovetide (and prohibited in Lent), it was an ideal time to collect.

Behind all this, civic governments might collect the ‘wedding ball’ dues, hire drummers and pipers to pump up the crowds, or pay for equipment. Gradually, authorities in most major cities did withdraw their support from Shrovetide football. Some cities like St Andrews simply banned it; in 1537 the burgh provost and university dean cancelled the annual match because of its ‘many ills’ and ‘disorder’. Others ‘reformed’ the games into less dangerous entertainments, like foot and horse races in 1540 Chester, or a public display of the city fire-engine’s capabilities in 1725 Carlisle. By the middle of the 18th century, officially sanctioned Shrovetide ball games were mostly confined to smaller market towns and villages. But why did official support for an ‘unlawful game’ linger as long as it did?

Carlisle chamberlain account expenses on ‘Shrovetewsday for the plaies’ in 1663, including 12 pence for a football. CRO: CA/4/3, 1 Mar. 1662-3. Credit: Image reproduced with kind permission from Cumbria Archive Centre, Carlisle.

Partially, sponsorship let officials (somewhat) contain a rowdy game that might happen with or without their consent. Certainly, outright bans were rarely effective, to judge from repeated mayoral ordinances ‘against football play at Shrovetide’ in the streets of Elizabethan London. Yet, the appeal of patronage went beyond social control. The often exclusive participation of guild or burgh members (known as ‘freemen’) in Shrovetide ball games reaffirmed corporate status, with its privileges and obligations. These obligations could include football itself. In January 1590, the shoemaker John Neil was made a ‘burgess’ or freeman of Glasgow in exchange for supplying ‘six good and sufficient footballs’ every Shrove Tuesday during his lifetime.

Failure to participate in or furnish football, via payments of the ‘wedding ball’ for example, could result in imprisonment, heavy fines, or the forced closing of a craftsman’s shop. The goods of maltman Robert Dykes of Rutherglen were distrained in 1626 because he failed to join the rest the burgesses on the town green for the annual Shrovetide match. These harsh consequences reflect the worth of Shrove Tuesday football to these pre-modern communities. To them it was not a ‘vain and idle’ game, but an ‘ancient and laudable custom’ of ‘goodly feats and exercise’. Rather than ‘unthrifty’, its value equated to the ‘benefit of the Company’, and the ‘common wealth of the city’, ideals which civic officials deemed well worth preserving.