Law and Kinship in Thirteenth-Century England
Law and Kinship in Thirteenth-Century England

Author: Sam Worby

Publisher: Boydell & Brewer

Published: 2015

Total Pages: 208

ISBN-13: 0861933389

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First comprehensive survey of how kinship rules were discussed and applied in medieval England. Two separate legal jurisdictions concerned with family relations held sway in England during the high middle ages: canon law and common law. In thirteenth- and fourteenth-century Europe, kinship rules dominated the lives of laymenand laywomen. They determined whom they might marry (decided in the canon law courts) and they determined from whom they might inherit (decided in the common law courts). This book seeks to uncover the association between the two, exploring the ways in which the two legal systems shared ideas about family relationship, where the one jurisdiction - the common law - was concerned about ties of consanguinity and where the other - canon law - was concerned toadd to the kinship mix ties of affinity. It also demonstrates how the theories of kinship were practically applied in the courtrooms of medieval England. SAM WORBY is a civil servant and independent scholar.

Maintenance in Medieval England
Maintenance in Medieval England

Author: Jonathan Rose

Publisher: Cambridge University Press

Published: 2017-06-22

Total Pages: 429

ISBN-13: 1108210236

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This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.

Papacy, Monarchy and Marriage 860–1600
Papacy, Monarchy and Marriage 860–1600

Author: David d'Avray

Publisher: Cambridge University Press

Published: 2015-03-30

Total Pages: 371

ISBN-13: 1107062535

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This book surveys royal marriage cases to explore how popes dealt with the marriage problems of kings, especially dissolutions and dispensations.

Medieval Considerations of Incest, Marriage, and Penance
Medieval Considerations of Incest, Marriage, and Penance

Author: Linda Marie Rouillard

Publisher: Springer Nature

Published: 2020-01-16

Total Pages: 308

ISBN-13: 3030356027

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Medieval Considerations of Incest, Marriage, and Penance focuses on the incest motif as used in numerous medieval narratives. Explaining the weakness of great rulers, such as Charlemagne, or the fall of legendary heroes, such as Arthur, incest stories also reflect on changes to the sacramental regulations and practices related to marriage and penance. Such changes demonstrate the Church's increasing authority over the daily lives and relationships of the laity. Treated here are a wide variety of medieval texts, using as a central reference point Philippe de Rémi's thirteenth-century La Manekine, which presents one lay author's reflections on the role of consent in marriage, the nature of contrition and forgiveness, and even the meaning of relics. Studying a variety of genres including medieval romance, epic, miracles, and drama along with modern memoirs, films, and novels, Linda Rouillard emphasizes connections between medieval and modern social concerns. Rouillard concludes with a consideration of the legacy of the incest motif for the twenty-first century, including survivor narratives, and new incest anxieties associated with assisted reproductive technology.

Married Life in the Middle Ages, 900-1300
Married Life in the Middle Ages, 900-1300

Author: Elisabeth M. C. Van Houts

Publisher: Oxford University Press

Published: 2019

Total Pages: 311

ISBN-13: 019879889X

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Married Life in the Middle Ages, 900-1300 contains an analysis of the experience of married life by men and women in Christian medieval Europe, c. 900-1300. The study focusses on the social and emotional life of the married couple rather than on the institutional history of marriage, breaking it into three parts: Getting Married - the process of getting married and wedding celebrations; Married Life - the married life of lay couples and clergy, their sexuality, and any remarriage; and Alternative Living - which explores concubinage and polygyny, as well as the single life in contrast to monogamous sexual unions. In this volume, van Houts deals with four central themes. First, the tension between patriarchal family strategies and the individual family member's freedom of choice to marry and, if so, to what partner; second, the role played by the married priesthood in their quest to have individual agency and self-determination accepted in their own lives in the face of the growing imposition of clerical celibacy; third, the role played by women in helping society accept some degree of gender equality and self-determination to marry and in shaping the norms for married life incorporating these principles; fourth, the role played by emotion in the establishment of marriage and in married life at a time when sexual and spiritual love feature prominently in medieval literature.

In-Laws and Outlaws
In-Laws and Outlaws

Author: Sybil Wolfram

Publisher: Taylor & Francis

Published: 2023-07-05

Total Pages: 239

ISBN-13: 1000894312

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Originally published in 1987, this book presented for the first time a unified treatment of English kinship of the nineteenth and twentieth centuries. This system, far from being a patchwork of historical accidents, has a remarkably logical overall structure, permeating both law and custom. To understand it one must study a wide variety of sources ranging from Parliamentary debates through accounts of contemporary events, cases and incidents to fiction of the day. The work is pertinent to current studies in a number of fields: in history it represents a systematic overview, highlighting new sources of material, while for lawyers it gives a historical context and explanation of ‘family law’, particularly topical for impending English legislation in this area at the time. It collects two centuries of sociological data, and presents social anthropologists with the English system for comparison with systems conventionally studied in the field and with kinship theory. Finally, it provides philosophers with a new arena in which to discuss the nature of explanations of human activities, besides raising fresh questions.

Planning for Death
Planning for Death

Author:

Publisher: BRILL

Published: 2018-04-24

Total Pages: 297

ISBN-13: 9004365702

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The volume Planning for Death: Wills and Death-Related Property Arrangements in Europe, 1200-1600 analyses death-related property transfers in several European regions (England, Poland, Italy, South Tirol, and Sweden). Laws and customary practice provided a legal framework for all post-mortem property devolution. However, personal preference and varied succession strategies meant that individuals could plan for death by various legal means. These individual legal acts could include matrimonial property arrangements (marriage contracts, morning gifts) and legal means of altering heirship by subtracting or adding heirs. Wills and testamentary practice are given special attention, while the volume also discusses the timing of the legal acts, suggesting that while some people made careful and timely arrangements, others only reacted to sudden events. Contributors are Christian Hagen, R.H. Helmholz, Mia Korpiola, Anu Lahtinen, Marko Lamberg, Margareth Lanzinger, Janine Maegraith, Federica Masè, Anthony Musson, Tuula Rantala, Elsa Trolle Önnerfors, and Jakub Wysmułek.

Marriage in Medieval England
Marriage in Medieval England

Author: Conor McCarthy

Publisher: Boydell Press

Published: 2004

Total Pages: 212

ISBN-13: 9781843831020

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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.