Homosociality, Sexual Misconduct and Gendered Violence in England’s Premodern Legal Profession

Abstract

Fifteenth- and sixteenth-century evidence shows that common lawyers and law students regularly engaged in sexual misconduct and violence against women. Social histories of the early legal profession give little attention to such incidents, treating them as aberrations or as the ‘natural’ excess of privileged youth. By contrast, this article uses gender analysis to argue that sexual misconduct and gendered violence were structural features of all-male legal culture, contributing to homosocial bonding and to lawyers’ performance of masculinity. Records from the Inns of Court, London civic administration and royal government reveal law students asserting manhood through shared involvement in sexual misconduct and violence. However, it is significant for the history of the profession that young men were not the only offenders. While senior practitioners condemned misconduct and violence in rules and disciplinary regulations, in practice they shielded fellow lawyers from consequences and participated themselves. As perpetrators went on to become barristers, serjeants-at-law, judges and public office-holders, a tradition of toleration and intergenerational complicity was sustained across time. These findings generate new insights into how the training and socialization of lawyers contributed to the gendered violence inherent in the patriarchal judicial system of pre-modern England.