Divorce In Medieval England

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.

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.

Examines the role of women in medieval law and society

Intimate details about the personal lives of medieval people are frustratingly rare. We seldom know what the men and women of the middle ages thought about marriage, let alone about sex. The records of the church courts of the province of York, mainly dating from the fourteenth century, provides a welcome light on private, family life and on individual reactions to it. They include a wide range of fascinating cases involving disputes about the validity of marriage, consent, sex, marital violence, impotence and property disputes. They also show how widely the laws of marriage were both known and accepted. Marriage Disputes in Medieval England offers a remarkable insight into personal life in the middle ages.

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.

The life of "that notorious woman", Lucy de Thweng, is used as a prism through which to consider the agency of aristocratic women in the Middle Ages. The Yorkshire heiress, Lucy de Thweng, was married as a child to her first husband but later divorced him, entered into an adulterous relationship with another man, was forced into marriage to a second husband, and then, after a period of widowhood, married for the third time to a congenial partner of her own choice. This sounds a remarkable and unusual story - but was it? This book uses the episodes of Lucy's life to explore how far she was exceptional in her time and rank and highlights aspects of personality and personal relationships which are not often recognized. It undertakes extensive investigations into divorce in contemporary aristocratic families and extra-marital sexual relationships by women, as well as discussing the marriage of heiresses and the pressures to remarry which widows endured. These show that the theoretical religious and secular restraints on marriage and sex were often ignored, by both men and women, and how women, particularly if they were heiresses, were able to make their own decisions in these matters. As the legitimate procreation of children within the licensed environment of marriage was the forum for the succession to landed estates, the book also considers how this behaviour affected those estates. BRIDGET WELLS-FURBY is an independent scholar whose interests lie chiefly in late medieval landed estates and their context.

This is a study of marriage litigation (with some reference to sexual offenses) in the archiepiscopal court of York (1300–1500) and the episcopal courts of Ely (1374–1381), Paris (1384–1387), Cambrai (1438–1453), and Brussels (1448–1459). All these courts were, for the most part, correctly applying the late medieval canon law of marriage, but statistical analysis of the cases and results confirms that there were substantial differences both in the types of cases the courts heard and the results they reached. Marriages in England in the later middle ages were often under the control of the parties to the marriage, whereas those in northern France and southern Netherlands were often under the control of the parties' families and social superiors. Within this broad generalization the book brings to light patterns of late medieval men and women manipulating each other and the courts to produce extraordinarily varied results.