Divorce, as we think of it today, is usually considered to be a modern invention. This book challenges that viewpoint, documenting the many and varied uses of divorce in the medieval period and highlighting the fact that couples regularly divorced on the grounds of spousal incompatibility.
A survey of attitudes to marriage as represented in medieval legal and literary texts. Medieval marriage has been widely discussed, and this book gives a brief and accessible overview of an important subject. It covers the entire medieval period, and engages with a wide range of primary sources, both legal and literary. It draws particular attention to local English legislation and practice, and offers some new readings of medieval English literary texts, including Beowulf, the works of Chaucer, Langland's Piers Plowman, the Book of Margery Kempe and the Paston Letters. Focusing on a number of key themes important across the period, individual chapters discuss the themes of consent, property, alliance, love, sex, family, divorce and widowhood. CONOR MCCARTHY gained his PhD from Trinity College Dublin.
This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.
England is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.
Henrietta Leyser considers the problems and attitudes fundamental to every woman of the time: medieval views on sex, marriage and motherhood; the world of work and the experience of widowhood for peasant, townswoman and aristocrat. The intellectual and spiritual worlds of medieval women are also explored. MEDIEVAL WOMEN celebrates the diversity and vitality of English women's lives in the Middle Ages.
First published in 1984, The Royal Bastards of Medieval England establishes a list of royal bastards in medieval England, and discusses their roles in the history of the period. The authors describe how gradually the church began to formulate more definite views on sexual and marital customs, with a consequent decline in the status of illegitimate children. By early sixteenth century, however, royal bastards were once again making their way into the peerage. The book charts the lives of these men and women against the background not only of contemporary political developments, but also of changing ideas about morality and family. This book will be of interest to students of history, religion and literature.
From bestselling historians Frances and Joseph Gies, authors of the classic "Medieval Life" series, comes this compelling, lucid, and highly readable account of the family unit as it evolved throughout the Medieval period--reissued for the first time in decades. "Some particular books that I found useful for Game of Thrones and its sequels deserve mention. Life in a Medieval Castle and Life in a Medieval City, both by Joseph and Frances Gies." --George R. R. Martin, author of Game of Thrones Throughout history, the significance of the family--the basic social unit--has been vital. In Marriage and the Family in the Middle Ages, acclaimed historians Frances and Joseph Gies trace the development of marriage and the family from the medieval era to early modern times. It describes how the Roman and barbarian cultural streams merged under the influence of the Christian church to forge new concepts, customs, laws, and practices. Century by century, the Gies follow the development--sometimes gradual, at other times revolutionary--of significant components in the history of the family including: The basic functions of the family as a production unit, as well as its religious, social, judicial, and educational roles. The shift of marriage from private arrangement between families to public ceremony between individuals, and the adjustments in dowry, bride-price, and counter-dowry. The development of consanguinity rules and incest taboos in church law and lay custom. The peasant family in its varying condition of being free or unfree, poor, middling, or rich. The aristocratic estate, the problem of the younger son, and the disinheritance of daughters. The Black Death and its long-term effects on the family. Sex attitudes and customs: the effects of variations in age of men and women at marriage. The changing physical environment of noble, peasant, and urban families. Arrangements by families for old age and retirement. Expertly researched, master historians Frances and Joseph Gies--whose books were used by George R.R. Martin in his research for Game of Thrones--paint a compelling, detailed portrait of family life and social customs in one of the most riveting eras in history.
The Language of Abuse provides the first comprehensive examination of marital violence in later medieval England. Drawing from a wide variety of legal and literary sources, this book develops a nuanced perspective of the acceptability of marital violence at a time when social expectations of gender and marriage were in transition. As such, Butler’s work contributes to current debates concerning the role of the jury, levels of violence in late medieval England, the power relationship within marriage, and the position of women in medieval society.