Prostitution in Southwark, London

The Local Government Act 1888 abolished the liberties of England and Wales, including the Liberty of the Clink in Southwark, primarily to address the serious administrative fragmentation that had accumulated over centuries. The abolition came into effect in 1889 when the new County of London was created.

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The Nature of the Liberties

The Liberty of the Clink (also known as the Liberty of Winchester, the Manor of Southwark, and the "bastard station") was a medieval exemption from royal jurisdiction that originated when the Bishop of Winchester acquired the land around 1149. Although the liberty was geographically situated in Surrey, it remained outside the jurisdiction of both the county sheriff and the City of London authorities. Instead, it operated under the sole jurisdiction of the Bishop of Winchester, who derived his administrative powers from his status as Chancellor or Treasurer of the King.

Medieval Origins and Regulation (1161-1546)

The regulated sex trade in Southwark began in earnest around 1161, when ecclesiastical authorities formalized control over the brothels on Bankside. The area, known as the Liberty of Winchester (and ironically as the Liberty of the Clink after the nearby prison), fell outside the jurisdiction of the City of London and became home to approximately eighteen licensed brothels employing roughly one thousand prostitutes at any given time. The women who worked in these establishments became known as "Winchester Geese" due to their association with the Bishop of Winchester.

This formalized system was remarkably sophisticated for its time. The ordinances governing the stews included provisions protecting prostitutes' freedom of movement, prohibiting debt bondage beyond forty days, and setting limits on room rental fees. However, prostitutes were denied Christian burial and certain civic rights, making them distinctly marginal figures despite the regulated nature of their work. The brothels themselves earned substantial income for the church, with many medieval London churches being financed largely through rents and license fees from the sex trade.

Henry VIII's Closure (1506 and 1546)

The first formal attempt at closure came under Henry VII around 1506, motivated by the rapid spread of syphilis. However, this early closure proved temporary, as the thousands of prostitutes evicted from the brothels simply continued their trade in the streets, and the established stews soon reopened.

In 1546, Henry VIII issued a more comprehensive royal proclamation ordering the closure of all brothels in England, including those in Southwark. This was his "final closing" of the stews, motivated by both concerns about the syphilis epidemic and a desire to control public morality. The proclamation declared the stews "abominable" and stripped them of their "privilege," formally announcing with "sound of trumpet" that they were "no more to be privileged and used as a common Bordell."

Continued Underground Operation (1547-1647)

Crucially, Henry VIII's closure did not eliminate prostitution. Instead, it drove the trade underground and dispersed it throughout London. Many unlicensed brothels continued operating, disguised as taverns and other establishments. Historical sources confirm that brothels remained active during the Elizabethan period, with establishments like the Cardinal's Cap continuing to operate. One particularly famous example was Holland's Leaguer, which operated in Southwark from 1603 to 1632 as the most luxurious and exclusive brothel in 17th-century England, catering to King James I and nobility.

Holland's Leaguer provides a telling example of the continued existence of the trade despite legal prohibition. The establishment was surrounded by a moat with drawbridge and portcullis, located in a former manor house in Old Paris Garden on Bankside. It remained open for nearly three decades until Charles I ordered its closure in December 1631, when soldiers were dispatched to enforce the order. In a famous act of resistance, Bess Holland raised the drawbridge, causing the soldiers to fall into the moat, after which the brothel workers emptied chamber pots upon them. Despite this initial success, Holland was eventually taken and subjected to "carting"—being driven through the city in a cart with a sign of her offense while crowds beat basins—followed by imprisonment and a substantial fine.

The Puritan Closure (1647)

The final and most comprehensive closure of the prostitution industry in Southwark came under the Puritan regime during the English Civil War and Cromwell's Commonwealth. In 1647, the Puritan-controlled parliament ordered the definitive closure of the stews, along with theaters, bear pits, and other entertainments deemed ungodly. This represented part of a broader program of moral suppression that included the closure of all London theaters in 1642 and subsequent demolition of theatrical venues throughout the Interregnum period.

The Puritan closure was the most systematic attempt to eliminate prostitution in Southwark, as it coincided with the general suppression of entertainment and moral laxity during Cromwell's era. However, even this measure did not entirely eliminate the sex trade, as underground operations and clandestine establishments continued to exist.

Restoration and Aftermath (1660 onward)

Following the Restoration of Charles II in 1660, the moral environment relaxed considerably, and the brothels of London, including those in Southwark, reemerged more openly. The "Merrie Monarch" and his court patronized such establishments, and the Restoration period witnessed a significant revival of the sex trade. This remained the case until the 19th and 20th centuries, when modern legislation addressing prostitution introduced new legal frameworks.

The Graveyard Legacy

An enduring reminder of Southwark's role as a center of prostitution is the Crossbones Graveyard (originally called the Single Woman's Churchyard or St. Saviour's burial ground), where an estimated 15,000 people—mostly women and children—were buried. Because prostitutes were denied Christian burial, this unconsecrated ground became the resting place for sex workers and other society outcasts. Skeletal remains showed clear evidence of syphilis, confirming the historical record of the site. The graveyard was eventually closed as "completely overcharged with dead" in 1853.

The Jurisdictional Problems

The liberties created severe administrative difficulties for governing London and its surroundings. In Southwark specifically, the jurisdictional anomalies created a chaotic system that attracted illicit activities and made coherent law enforcement impossible. The borough had been incorporated in 1550, but even after this charter, disputes frequently arose between the Justices of the Peace for Surrey and the City government about who held responsibility for maintaining order and executing justice. The lack of unified authority meant that different parts of the same area fell under different jurisdictions, causing confusion about which authority was responsible for musters, law enforcement, and the maintenance of peace and order.

The Clink Liberty's exemption from normal jurisdictional structures was particularly problematic. As the Liberty of the Clink remained outside both City and county jurisdiction, it became a haven for activities the City wished to prohibit—most notably prostitution (the stews) and theatres such as the Globe. The jurisdictional gap meant that activities forbidden in London proper could continue unimpeded in Southwark's exempt areas.

These exempted jurisdictions were not unique to Southwark; by the early 19th century, roughly half of the towns, villages, and hamlets in some regions like Yorkshire lay within liberties exempt from the sheriff's jurisdiction, creating a patchwork of overlapping and conflicting legal authorities across England.

The Drive for Administrative Consolidation

By the late 19th century, it was clear that England's local government structure could not continue with this fragmented system. The old medieval liberties and exempt jurisdictions had become obstacles to coherent, rational administration. Parliament recognized that the bewildering array of overlapping authorities, each with their own jurisdictions and exemptions, prevented effective governance and the uniform application of law across regions.

The Local Government Act 1888 represented a comprehensive reform aimed at creating a rational, unified system of local government based on clearly defined administrative counties and county boroughs. This legislation established elected county councils to take over the administrative functions previously exercised by magistrates and the various exempt jurisdictions. The reform was part of a broader movement from what historians call a system based on "status" (personal exemptions and privileges granted to particular individuals or institutions) to one based on "locus" (geography and standardized territorial administration).

The Final Abolition

By 1889, the historic medieval liberties had become administrative anachronisms. The Liberty of the Clink and the handful of other remaining liberties (Ely, Havering-atte-Bower, St Albans, Peterborough, Ripon, and Haverfordwest) were formally abolished when the Local Government Act 1888 came into effect. The Liberty of the Clink, which had existed for nearly 800 years since the Bishop of Winchester's acquisition of the land in the 12th century, was finally merged into the newly created County of London in 1889.

This consolidation was not unique to Southwark—it was a national reform that ended the special jurisdictions of all remaining liberties across England and Wales. The reform represented the triumph of rational, centralized administrative organization over the medieval patchwork of personal privileges and exemptions that had persisted into the modern era.