The Victorian sex scandal: 1874 contract reveals how cheating husband bought teenage lover's silence after she fell pregnant

By Chris Brooke for the Daily Mail
Updated: 04:03 EST, 11 December 2008

It was a scandalous affair which would have ruined the reputations of two well-to-do families.

The married son of a wealthy industrialist fathered a child with the 18-year-old daughter of a factory manager while his wife was also pregnant.

These days, such behaviour would hardly cause the raising of an eyebrow.

But in Victorian times it was something to be kept secret at all costs.

Threatened with being named and shamed, the cheating husband bought his lover's silence with a formal legal agreement.

The document, signed by the two parties on October 20, 1874, meant no one ever discovered the truth about little Herbert Higginbottom... until now.

More than 130 years later, the document has been put on display at the central library in Rotherham.

It was discovered in papers from a prominent South Yorkshire law firm by an archivist sorting historical documents donated to the library service.

The cheating husband, William Haywood, was 27 at the time of the agreement. His father George was a partner in a large iron foundry business.

William trained as an architect but went on to become a partner in the family firm when his father retired. He married Martha, the daughter of a Sheffield architect, and they had a son, Ralph.

It was shortly after their marriage and early in Martha's pregnancy that Haywood began an affair with Elizabeth, daughter of George Higginbottom, a manager at the Beatson Clark glassmaking firm.

The Beatson Clarke glassmaking factory in Rotherham, where George Higginbottom was a manager

Although highly respectable, Higginbottom was only an employee and therefore not on the same social level as the Haywoods.

At the time of the scandal he was under great personal strain as he faced the prospect of losing his job after a row with his boss.

The secret affair was short and passionate and resulted in the boy Herbert, born only a few weeks after Haywood's legitimate son.

We do not know how or precisely when the relationship ended, but Elizabeth's father was clearly determined that the wealthy heir should be forced to take responsibility for his son.

Higginbottom is believed to have threatened legal action when Haywood tried to avoid responsibility for Herbert and the legal agreement was drawn up.

In return for a pay-off of £500 (£50,000 in today's money) the Higginbottoms agreed to ensure the facts did not become public.

Buying silence: Cheating husband William Haywood signed this agreement with his lover's family to ensure that he would not be named and shamed

The child was not to use the name Haywood, and Higginbottom would act 'in loco parentis'.

The 1881 census shows how he kept his side of the bargain as Herbert is listed as his son.

Assistant archivist Celia Parker said: 'This amazing document brings to life a story that could have easily come straight from the storyline of a soap opera.

'It is quite unusual to find this kind of private arrangement for the care of an illegitimate child. Generally you would only get this information if the matter had gone to the magistrates' court to obtain a maintenance order.'

The document, written in old-fashioned and complicated legal English, is entitled 'This Indenture'.

It goes on to state William Haywood was 'a married man' and that  Elizabeth Higginbottom had ' threatened to take proceedings under the statutes for the affiliation of bastards' in relation to their child.

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This lengthy legal agreement was drawn up when the young mistress's father George Higginbottom threatened legal action after Haywood tried to avoid responsibility for his illegitimate child

It appears to indicate Mr Higginbottom had a claim against Haywood because the birth meant his daughter would be unable to do so much housework.
The document refers to the 'the loss of the services of his said daughter consequential after the birth of the said child'.

It goes on to state 'the parties hereto are anxious to avoid the public scandal of proceedings at law and are desirous to provide for the social and moral well being of the said Elizabeth Higginbottom and of the said child.'

So what happened next? Researchers have discovered Higginbottom had been in trouble for addressing his employer 'discourteouslyin an argument over the 'breaking of pots'.

A couple courting: A more relaxed moral climate means the affair would not cause such a fuss today

But he continued in his job for another 18 months and finally resigned in 1875.

The story had a happy ending for his daughter and grandson.

Elizabeth married in 1880, thus protecting her 'social and moral well being' and Herbert moved to London to work as a clerk in 1891.

As for William Haywood, he had a successful career and died in 1918 at the age of 71.

His obituary in the Rotherham Advertiser described him as a 'staunch church man and tireless worker for the Tory Party'.