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Other Christian institutions & contexts Catholic Hull, England (tried at the Court of Queen's Bench, London) · 1869

England: Mother Superior's authority over a professed nun used to confine, strip and expel her — jury finds for the nun, £500 damages

Record class

Context only

Evidence status

Civil finding

Authority role

Mary Star (Starr), Mother Superioress, Convent of the Sisters of Mercy, Hull, Mary Kennedy, a professed Sister of Mercy at the same convent

Organization

Sisters of Mercy, Convent of Hull

Spiritual nexus

Saurin was a professed nun under a vow of obedience to her Mother Superior, whose authority within the convent was treated by the order's own doctrine as 'the voice of God in the voice of the superior'; the jury found that authority was used to strip her, confine her, deprive her of ordinary care, and conspire with a fellow sister to drive her from the order and defame her to the Bishop — a civil finding, not a criminal one, but one in which the court expressly grappled with whether the vow of obedience itself compromised the independence of witnesses testifying in the Mother Superior's defense.

  • Institutional obedience or isolation
  • Pastoral or clerical authority

Evidence structure

Proceedings

  1. 1869-02-03 · civil trial, jury verdict

    Court of Queen's Bench, London, before Lord Chief Justice Cockburn and a special jury. Susan(na) Mary Saurin, a professed Sister of the Order of Mercy, sued her Mother Superioress Mary Star and fellow Sister Mary Kennedy for assault (stripping and imprisonment), trover, conspiracy to drive her from the convent and procure her expulsion, and libel arising from charges sent to the Bishop of Beverley. After a trial running several days and roughly three hours' deliberation, the jury found FOR the plaintiff on the counts for assault (the stripping and imprisonment), libel, and conspiracy, awarding damages of £500 — structured as £300 (the dowry she had paid on entering the order) plus £200, or £500 in full if the dowry was not separately returned. The Baggot-street convent elected to return the £300 dowry, fixing the damages actually paid at £200.

Documented coercion mechanisms

  • the vow of obedience binding a professed nun to 'hear the voice of God in the voice of the superior,' invoked by Cockburn as a mechanism that could make the defendants' own subordinate-nun witnesses passive instruments of the Mother Superior's account rather than free and independent witnesses
  • physical confinement of the plaintiff and deprivation of ordinary care — restriction to a single food (mutton), denial of medical attention, cold confinement and sleep deprivation, as found by the jury on the assault count
  • stripping the plaintiff and taking her personal property (clothes, watch, books, papers)
  • interception of the plaintiff's letters, cutting off contact with her family during her confinement
  • removal of the plaintiff's ring — 'the mystic symbol of her union with Christ' — by the Mother Superior before any actual sentence of expulsion had been passed, an act Cockburn himself described as harsh and cruel
  • formal letters of charges sent to the Bishop of Beverley that the jury found to be libellous and part of a conspiracy to drive the plaintiff from the convent and procure her expulsion from the order

Primary record

Sources

primary source pamphlet primary document The Great Convent Case; Saurin v. Star & Kenedy, tried before Lord Chief Justice Cockburn in the Court of Queen's Bench, February 1869 (trial pamphlet, 1869).

Full contemporaneous trial pamphlet, containing counsel's speeches and witness evidence in full.

primary source pamphlet primary document Plaintext transcription of the same pamphlet, via Internet Archive.

Source for the verbatim verdict passage (jury finding for the plaintiff on assault, libel and conspiracy; £500/£200 damages) and Cockburn's summing-up remarks on the vow of obedience, both located and read directly.

Related record

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