Law Marriage And Society In The Later Middle Ages

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.

Marriage litigation in York, Ely, Paris, Cambrai, and Brussels during the medieval period.

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.

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.

This volume addresses the current fashion for research on the family and domesticity in the past. It draws together work from various disciplines - historical, art-historical and literary - with their very different source materials and from a broad geographical area, including some countries - such as Croatia and Poland - which are not usually considered in standard text books on the medieval family. This volume considers the various affective relationships within and around the family and the manner in which those relationships were regulated and ritualized in more public arenas. Despite their disparate approaches and geographical spread, these essays share many thematic concerns; the ideologies which structured gender roles, inheritance rights, incest law and the ethics of domestic violence, for example, are all considered here. This collection originates from the Leeds International Medieval Congress in 2001 when the special strand was entitled Domus and Familia and attracted huge participation. This book aims to reflect that richness and variety whilst contributing to an expanding area of historical enquiry.

Legal records illuminate womens' use of legal processes, with regard to the making of wills, the age of consent, rights concerning marriage and children, women as traders, etc. Determined and largely successful effort to read behind and alongside legal discourses to discover women's voices and women's feelings. It adds usefully to the wider debate on women's role in medieval society. ENGLISH HISTORICAL REVIEW What is really new here is the ways in which the authors approach the history of the law: they use some decidedly non-legal texts to examine legal history; they bring together historical and literary sources; and they debunk the view that medieval laws had little to say about women or that medieval women had little legal agency. ALBION The legal position of the late medieval woman has been much neglected, and it is this gap which the essays collected here seek to fill. They explore the ways in which women of all ages and stations during the late middle ages (c.1300-c.1500) could legally shift for themselves, and how and where they did so. Particular topics discussed include the making of wills, the age of consent, rights concerning marriage, care, custody and guardianship (with particular emphasis on the rights of a mother attempting to gain custody of her own children within the court system), women as traders, women as criminals, prostitution, the rights of battered women within the courts, the procedures women had to go through to gain legal redress and access, rape, and women within guilds. NOELJAMES MENUGE gained her Ph.D. from the Centre of Medieval Studies at the University of York. Contributors: P.J.P. GOLDBERG, VICTORIA THOMPSON, JENNIFER SMITH, CORDELIA BEATTIE, KATHERINE J. LEWIS, NOEL JAMES MENUGE, CORINNE SAUNDERS, KIM M. PHILLIPS, EMMA HAWKES

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 of affinity. It also demonstrates how the theories of kinship were practically applied in the courtrooms of medieval England.

Marriage in Europe became a central pillar of society during the medieval period. Theologians, lawyers, and secular and church leaders agreed on a unique outline of the institution and its legal framework, the essential features of which remained in force until the 1980s. The medieval Western European definition of marriage was unique: before the legal consequences of marriage came into being, the parties had to promise to engage in sexual union only with one partner and to remain in the marriage until one of the parties died. This requirement had profound implications for inheritance rules and for the organization of the family economy; it was explained and justified in a multitude of theological discussions and legal decisions across all faiths on the European continent. Normative texts, built on the foundations of the scriptures of several religious traditions, provided an impressive intellectual framework around marriage. In addition, developments in iconography, including sculpture and painting, projected the dominant model of marriage, while social, demographic and cultural changes encouraged its adoption. This volume traces the medieval discussion of marriage in practice, law, theology and iconography. It provides an examination of the wider political and economic context of marriage and offers an overview of the ebb and flow of society's ideas about how expressions of human sexuality fit within the confines of a clearly defined social structure and ideology. A Cultural History of Marriage in the Medieval Age presents an overview of the period with essays on Courtship and Ritual; Religion, State and Law; Kinship and Social Networks; the Family Economy; Love and Sex; the Breaking of Vows; and Representations of Marriage.