Medieval Women And The Law

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

This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women's treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.

This is the first in-depth, comparative study of women's access to justice in medieval English towns. It compares the records of Nottingham, Chester and Winchester and a wide range of legal actions to highlight the variable nature of women's legal status in actions that arose from the complex, messy ties of everyday life.

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).

Fresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries.

What was the status of women in the Middle Ages? How have women fared in the hands of historians? And, what is the current state of research about women in the Middle Ages? Susan Mosher Stuard addresses these questions in a collection of essays that delve in to the history and historiography of women in medieval England, France, Italy, and Germany. Contributors include Barbara Hanawalt, Diane Owen Hughes, Suzanne Wemple, Denise Kaiser, and Martha Howell. One of the most interesting observations made in Women in Medieval History and Historiography is the way in which the history of women in each country has followed a distinct course that is in rhythm with other concerns of national historical writing. Women in Medieval History and Historiography will interest historians, scholars of women's studies, and medievalists.

Based on close readings of both public and private documents – court records, churchwarden accounts, depositions, diaries, letters and pamphlets – this collection of essays presents the largely untold story of non-elite women and their dealings with the law.

This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women’s treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.