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 Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of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.
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.
Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).
An indispensable guide to how marriage acquired the status of a sacrament. This book analyzes in detail how medieval theologians explained the place of matrimony in the church and her law, and how the bitter debates of the sixteenth century elevated the doctrine to a dogma of the Catholic faith.
Awarded honorable mention for the 2007 Wallace K. Ferguson Prize sponsored by the Canadian Historical Association How were marital and sexual relationships woven into the fabric of late medieval society, and what form did these relationships take? Using extensive documentary evidence from both the ecclesiastical court system and the records of city and royal government, as well as advice manuals, chronicles, moral tales, and liturgical texts, Shannon McSheffrey focuses her study on England's largest city in the second half of the fifteenth century. Marriage was a religious union—one of the seven sacraments of the Catholic Church and imbued with deep spiritual significance—but the marital unit of husband and wife was also the fundamental domestic, social, political, and economic unit of medieval society. As such, marriage created political alliances at all levels, from the arena of international politics to local neighborhoods. Sexual relationships outside marriage were even more complicated. McSheffrey notes that medieval Londoners saw them as variously attributable to female seduction or to male lustfulness, as irrelevant or deeply damaging to society and to the body politic, as economically productive or wasteful of resources. Yet, like marriage, sexual relationships were also subject to control and influence from parents, relatives, neighbors, civic officials, parish priests, and ecclesiastical judges. Although by medieval canon law a marriage was irrevocable from the moment a man and a woman exchanged vows of consent before two witnesses, in practice marriage was usually a socially complicated process involving many people. McSheffrey looks more broadly at sex, governance, and civic morality to show how medieval patriarchy extended a far wider reach than a father's governance over his biological offspring. By focusing on a particular time and place, she not only elucidates the culture of England's metropolitan center but also contributes generally to our understanding of the social mechanisms through which premodern European people negotiated their lives.
