Christine Wells and the 18th century Crim. Con.

Nicola here. Today I am delighted to welcome Christine Wells to the Word Wenches. Christine is a former corporate lawyer turned award-winning author of Regency historical romance and her beautifully written and emotionally poignant books have always been on my auto-buy list. You may imagine my excitement when I discovered that Christine was taking her writing in a new direction with The Wife's Tale, a sweeping novel set in the eighteenth century and the present. No spoilers here as I want everyone to discover and enjoy this fabulous book for themselves but I will say that The Wife's Tale is a book whose characters and their story stayed with me a long time after reading. I even dreamed about it! Now it's over to Christine to talk about the fascinating history of the Criminal Conversation trial, a theme that lies at the heart of The Wife's Tale.

Thank you very much to Nicola and the wonderful Word Wenches for having me here today. I’ve always been a fan of this blog (not to mention the novels of its authors!) and I’m thrilled to return today to share some background from my new novel, THE WIFE’S TALE.

Those of you who are devotees of Georgette Heyer might recall fleeting references to the latest scandalous “crim. con.” news in some of her books. Heyer never goes into detail about these court cases but as a former lawyer myself, I found the cause of action intriguing.

When embarking on a slightly new direction with my historical fiction, I wanted to marry my professional experience as a solicitor and love of legal history with my passion for the history of English country houses. I suddenly recalled the action of criminal conversation and realised it would be a perfect springboard for a story full of intrigue and scandal about English aristocrats in the late eighteenth century.

To my surprise and delight, I discovered that reports of criminal conversation trials were not only readily available but fascinating to read. It was no wonder that society ladies and gentlemen would pore over them and discuss them in detail, much as some people gossip about celebrity scandals today.

In a criminal conversation prosecution, the husband sues his wife’s lover for having sexual intercourse with her. The quasi-criminal cause of action originates in the tort of trespass, the same kind of action you would have these days at common law if someone wilfully damaged your car. A man’s wife was his chattel so he was entitled to monetary compensation if another man “with force and arms, made an assault… [on her] and then and there debauched, deflowered, lay with, and carnally knew her”, in the words of the writ itself.

Unsurprisingly, wives did not have a reciprocal cause of action against their husband’s mistresses. The wife was her husband’s chattel, so he could not also be hers.

The wife was unrepresented and had no voice in the prosecution at all. Either party could say whatever they liked about her through their representatives and witnesses, and the latter were often bribed or intimidated into giving false testimony. More often that not, the wife was ruined financially and socially by such an action and yet she had no recourse and no opportunity to tell her side of the story.

The amount of damages the plaintiff husband could win climbed to astronomical heights in the late eighteenth century, spurred partly by the Lord Chief Justice of the time, Lord Kenyon, who believed adultery symbolised the breakdown of modern society, an unnatural disturbance in the order of things tantamount to treason. In fact, he believed adultery should be punishable by imprisonment but the law did not allow him to go that far. Instead, he encouraged juries to award damages that might indeed land the defendant in debtors’ prison if he couldn’t pay.

Once the act itself was proven to have occurred, damages were awarded after consideration of several factors. The wife’s unimpeached virtue at the time of the defendant’s seduction was a key factor, as was the happiness of the marriage. Her beauty and accomplishments were worth a few bonus points, as well.

However, if it could be shown, as it was in Seymour, Lady Worsley’s case (pictured), that the wife was a serial adulterer before the defendant lover came along, her virtue was not worth much, and therefore the husband was not entitled to a large sum in damages. If he had turned a blind eye to her amours or encouraged them, he would receive nominal damages, but there had to be clear evidence of this behaviour, corroborated by third party witnesses. Never was the husband’s own fidelity called into question or weighed in the balance—again, this doesn’t surprise.

Another factor in deciding damages was the relationship between the two men. If they were friends, so much the worse for the defendant. In the case of brothers, as in the Denyss trial, worse still.

Even royal princes and prime ministers were not above being sued for criminal conversation. In 1769, Lord Grosvenor sued the king’s brother, the Duke of Cumberland, for sleeping with his wife and recovered £10,000. Later, in May 1836, Caroline Norton’s husband sued the Prime Minister, Lord Melbourne for £10,000 in an action that might have brought down the government if he’d won—and very nearly did in any case. A verdict of not guilty was entered and Lord Melbourne walked away virtually unscathed, still holding office. Not so Caroline, of course. You can read more about this fascinating woman in the excellent “The Criminal Conversation of Mrs Norton” by Diane Atkinson.

The wives in these criminal conversation cases, particularly Lady Worsley and Caroline Norton (pictured) inspired the character Delany, Lady Nash in THE WIFE’S TALE. In fact, although Delany’s story might seem far-fetched or fantastical, everything that happened to her in THE WIFE’S TALE is based on real events.

Reading about these women and the injustice and hardship they underwent made me so angry, I had to write about a strong, intelligent woman who was the subject of such a trial but won in the end--albeit with great sacrifice and struggle along the way.

Blurb from The Wife's Tale:

With her marriage on the rocks, workaholic lawyer Liz Jones agrees to visit Seagrove, a stately home on the Isle of Wight, while she quietly investigates its provenance on behalf of a client. When she discovers Seagrove is linked to a notorious eighteenth-century court case, Liz becomes fascinated - not only by the house and its history, but also by its current owners. In the winter of 1789, the infamous Delany Nash scandalised London when details of her alleged affair with her husband's brother were aired in a public courtroom. Yet her journals reveal an extraordinary woman's tale of passion, betrayal and heartbreak. Captivated by Delany's story, Liz delves into her research but the more she uncovers, the more she risks jeopardising the future of everyone at Seagrove. For there are dark secrets that surround the house, and when the truth emerges the repercussions will echo down through the centuries.

 

I hope you enjoy Delany’s story in THE WIFE’S TALE. It is out now in Australia and New Zealand, but international readers can purchase a copy through the Book Depository. It is also available from Audible as a free download in the UK and the US.

Amazon UK

Amazon US

Thank you so much for joining us today, Christine, and I hope that as many readers as possible have the chance to discover this amazing, poignant and intriguing book.Christine is giving away a copy of The Wife's Tale to one lucky commenter and her is her excellent question:

In some states in the U.S.A. the criminal conversation action still exists, and is available to wives as well as husbands. If you were evaluating a husband’s worth, what factors would you take into account? Personally, I’d put his willingness to do housework near the top of the list!

Comments

[Christina Brooke]

Thank you for the lovely introduction, Nicola! I'm thrilled to be here today.

[Christine Wells]

Oops! And so am I :)

[Leslie Golding]

Well, since my husband does all the laundry, that is definitely of great value, as well as half the cooking and all the dishes. The house and land are his. His care of our daughter is valuable too; he has always taken a large hand in that. Washing dirty diapers/nappies for 18 months is to his credit, even if it falls under the enjoyed laundry category. That covers his value, I think, other than fidelity and steadfastness.

[Sue McCormick]

I am SO glad to have an explanation of "crIm.. cons." I hadn't been curious about the phase, and I should have been. This background information makes reading (and re-reading) more interesting.

I am definitely interested in "The Wife's Tale."

My husband is worth his weight in any measure you choose to use. We've been together for nearly 50 years. In all that time he has been supportive. He has also been a willing co-worker. And when we do disagree (we're both intelligent humans, not nincompoops, so OF COURSE we disagree) his verbal contributions are far more genteel than mine are!

[Nicola Cornick]

LOL, Lovely to have you visit us in any guise, Christina!

[Nicola Cornick]

He sounds a total catch, Leslie!

[Nicola Cornick]

Crim. Con. is fascinating, isn't it, Sue, although I must say some of those cases made my blood boil! I got very agitated when I watched The Scandalous Lady W. To our society such appalling inequality of men and women is shocking.

[Andrea Penrose]

Wonderful blog, Christina and Nicola—and on a fascinating topic that definitely needs explanation!

Christina—can't wait to read the book!
xoxo

[Christine Wells]

Leslie it sounds like you have a treasure there! Thank you for commenting.

[Christine Wells]

His price sounds far above rubies, Sue! How lovely and congratulations on being together nearly 50 years, that's wonderful!

[Christine Wells]

Thank you, Andrea, you're too kind! I hope you enjoy it.

[Christine Wells]

I got very hot under the collar about it too, Nicola!

[Donna MacMeans]

Hi Christina!

This book sounds fascinating! Your law background and proven ability to weave a beautiful historical tale are perfect for this book. Can't wait to read it.

I'm concerned that you mentioned a criminal conversation action is stil possible in some states of the US. Wow! I'd always assumed a certain progression had been achieved across the board. I guess not.

As for my husband...hmmm....He's recently arranged for us to take a trip to France so I'm thinking he gets big time bonus points for that :-)

[Jeanne Adams AKA La Duchesse]

OMGosh, Christine, I'm SO excited this book is finally out. I've been waiting and waiting. When you had initially shared with some of us what the story was about, I was excited, but the more you talked about it, and now this great post - well, it's a MUST read! Grins. I'd always wondered about Criminal Conversation, and how often it was brought as suit. I'd looked up the term, long time ago, but had really forgotten about it. And how wrong to be able to leave a woman's rep in tatters for a few thousand pounds, right?

As to my DH, he's worth "more than birds" to paraphrase the Bible. Grins. Not only is he a great hubby and father, he's a good cook, and coach and, in my case, a fab cheerleader for my work as well. So...yeah, I'll keep him.

Besides, if there were crim. cons., I'd be takin' matters into my own hands. Bwahahahah! After all, I have friends, potted plants and a mind for suspense at my disposal! Grins.

[Christine Wells]

Thanks so much for dropping in Donna and for saying such lovely things about the book.

Wow, half your luck going to France! That certainly gives your hubby massive bonus points. I *think* it's North Carolina that still has crim. con. but a wife can sue as well so at least it's balanced. I much prefer no fault divorce myself. :)

[Anna Sugden]

Hi Christine! Hi Nicola!

I LOVE the sound of this book and can't wait until it's available outside of Oz! You know I'm a huge fan of all of your books and this one will no doubt be fabulous too.

Crim. con. sounds fascinating and frustrating and downright bloody annoying. Women got and unfortunately still get such a raw deal! I'm glad you find a way to give a strong woman justice.

Hmm how to judge a husband's worth? To paraphrase the famous advert, I'm so lucky because mine is priceless (more so because the last one definitely wasn't!). He cooks, cleans, irons and is 100% supportive of me. But all that aside, his true value is that he makes me happy ... okay and he buys me nice shoes. LOL

[Christine Wells]

Jeanne, thank you very much--I hope you enjoy the book if you do read it! Glad you found the crim. con. stuff interesting. You should read the cases themselves! They are fascinating and maddening, too.

What a lovely husband you have! It looks like there will be no danger of crim. con. actions among Word Wench readers!

LOL you suspense writers must keep your husbands on their toes, having thought of several means to dispose of bodies and get away with murder! Thanks so much for coming along today!

[Christine Wells]

Haha, the shoes cannot be underestimated, Anna! You are so lucky and you've summed it up--he makes you happy and that's the best you can ask from a husband!

Thanks so much for visiting today and for your lovely words about THE WIFE'S TALE. Like you, I find the topic of crim. con. maddening and somehow beyond belief--that men truly did consider women inferior creatures and possessions (and of course, many still do). And somehow worse--that women actively participated in their own oppression (and often still do). Argh.

[Ann Stephens]

The inequities women have been (and still are) expected to tolerate are infuriating. Although I knew what a 'crim. con.' was, this was an enlightening article. Many thanks, Christine -- and I'll keep an eye out for THE WIFE'S TALE!

[Mary Jo Putney]

Christine, thanks so much for visiting the Wenches today! Like you, I've always been infuriated by the inequality of crim cons, but unlike you, I'm no lawyer and could never make such brilliant use of the material as you!

[Kate Dolan]

Thanks for sharing that fascinating information! I find it very interesting (if distressing) to read about how society at different times treated different "classes" of people and the legal fictions used to take away the humanity of those considered to be not as important.

[Jeanette]

A great blog. I had some knowledge of crim. com. but believed it led to a divorce rather than monetary settlement. I am seventy now and more of a feminist that ever I was at a younger age. I can go up and turn left quickly over any equity issue, most especially those concerning women. While I love Regencies, I am enraged by the whole inequity issue of affairs and mistresses regardless of the women and children as chattel nonsense. I do wonder when that came to an end in England?

I was raised on a farm where all of us were expected to contribute to the well-being of the family by doing field work, barn chores, laundry, housework, gardening, cooking and whatever else needed doing. I credit my father even more than my mother for my sense of equity and that of all of my sisters as well, but both parents never expected anything except that we would make something of ourselves.

Like Sue I've been married for almost 50 years. My husband has plenty of worth but no price. I would not part with my best friend. I have always earned as much or more than he and it's never been an issue. It's always been "our" money, never his or mine. We've worked together on almost everything whether it was remodeling the house, building stalls, laundry, housecleaning, yard work, or cooking. We don't always see eye-to-eye, and when we don't things can get a bit heated. I was a red-head and society, for ome foolish reason, allows us to vent with more leeway. My husband is not saint either so it works out about even.

I did look for books by Christine Wells other than the last which is not available in the U.S. yet, nor is a audio version any longer. Found some on exercise and one on food along with one called "Sweetest Little Sin". Are there others?

[Christine Wells]

Lovely, Ann, I'm so glad the article was helpful. I completely agree--it is infuriating that the double standard was entrenched in law!

[Christine Wells]

Well, thank you very much for those lovely words, Mary Jo. I am sure you *would* make masterly use of the materials--I don't think there are any limitations on your talent! But the theme of adultery isn't quite suited to historical romance. Or perhaps that's a personal preference. I don't like conflict involving infidelity when it's straight romance.

[Christine Wells]

Kate, I studied feminist legal theory at university and it really opened my eyes. As you say, it's distressing to reflect on how a small section of society treated anyone who wasn't exactly like them. And of course in many parts of the world, women and minorities are treated far worse than these women were in the eighteenth century. It's heartbreaking and maddening.

[Christine Wells]

Hello, Jeanette, thank you for that lovely post. I think girls often have their fathers to thank for treating them as equals. I know mine believed I could do anything and treated me accordingly and that I think helps women relate to other men in their lives on equal terms. What a lovely marriage!

Yes the crim con action was often but not always a precursor to divorce proceedings. The action became reciprocal and I think died out early in the 20th century (I will have to check on that).

As for other books, I wrote historical romance under the name Christina Brooke for many years. I have not yet sold THE WIFE'S TALE in the U.S. but I'm hopeful! You can, however, purchase it from The Book Depository. if you would like to read it. Thanks so much for your interest!

[Jay Hicks]

Hi there Christin(a)e! I'm so fascinated by this cc thing - cannot believe it's still in action in the States. I adore reading historical fiction, and love that we can step into the past and understand how life really was lived by real people in the most unimaginable circumstances. Thanks to dedicated authors with academic leanings, readers get to enjoy the fruits of your fascinating labours. Thank you. I am so keen to read this, especially with the history of the house and repercussions to the present, how inspiring. Now about husbands :- to me, one of the most endearing charms a man can have is to be able to enjoy the company of their partners girlfriends. It's when you're on the receiving end of a distant husband's shun that brings this glaringly to light. Love me, love my wenches I would say.

[Christine Wells]

Lovely to meet you, Jay and I love historical fiction, too. It's a joy for me to read it as well as to write it. I'm glad you find the crim. con. action interesting. I wrote many books set in the Regency era but I find the Georgian period equally fascinating in a different way.

I hadn't thought about how lovely it is when your husband gets on with your girlfriends (or a girlfriend's husband is happy to get along with you). You're so right--I have so much fun with friends when I know no one is there under sufferance! So many men like to separate their wives and partners from their closest friends. "Love me, love my wenches" is a great motto!

[Jo Robertson]

Fascinating article, Christine. I had never heard of crim cons and am more eager than ever to read your book.

Sorry I'm late, but couldn't get on my computer yesterday.

[Christine Wells]

Lovely to see you here, Jo! Thank you, I'm glad you found the article interesting.

[Teresa Broderick]

Really looking forward to this book. Sounds marvellous. My husband is also my best friend. I could never meet anyone again who would suit me so well. I care for my daughter at home,she has mental health problems and he takes over at the weekend when she's having a bad patch. He takes her to the cinema and shopping, even just for a coffee.It gives me a break. I just couldn't manage without him. Good luck with the book.

[Christine Wells]

Hello, Teresa, your husband sounds lovely, worth his weight in gold. Thank you for commenting -- hope you enjoy THE WIFE'S TALE if you do get to read it!