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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 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.
Fresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries.
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.
London became an international center for import and export trade in the late Middle Ages. The export of wool, the development of luxury crafts and the redistribution of goods from the continent made London one of the leading commercial cities of Europe. While capital for these ventures came from a variety of sources, the recirculation of wealth through London women was important in providing both material and social capital for the growth of London's economy. A shrewd Venetian visiting England around 1500 commented about the concentration of wealth and property in women's hands. He reported that London law divided a testator's property three ways allowing a third to the wife for her life use, a third for immediate inheritance of the heirs, and a third for burial and the benefit of the testator's soul. Women inherited equally with men and widows had custody of the wealth of minor children. In a society in which marriage was assumed to be a natural state for women, London women married and remarried. Their wealth followed them in their marriages and was it was administered by subsequent husbands. This study, based on extensive use of primary source materials, shows that London's economic growth was in part due to the substantial wealth that women transmitted through marriage. The Italian visitor observed that London men, unlike Venetians, did not seek to establish long patrilineages discouraging women to remarry, but instead preferred to recirculate wealth through women. London's social structure, therefore, was horizontal, spreading wealth among guilds rather than lineages. The liquidity of wealth was important to a growing commercial society and women brought not only wealth but social prestige and trade skills as well into their marriages. But marriage was not the only economic activity of women. London law permitted women to trade in their own right as femmes soles and a number of women, many of them immigrants from the countryside, served as wage laborers. But London's archives confirm women's chief economic impact was felt in the capital and skill they brought with them to marriages, rather than their profits as independent traders or wage laborers.
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.
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.
The first comprehensive exploration of women's multifaceted experiences of forced and consensual ravishment in medieval England.
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).
Praise for the first edition: 'It is difficult to imagine another book in which one could find all this diverse material, and no doubt Amt's collection, in its richness, and in its genuine clarity and simplicity will takes prominent place in our expanded, diversified medieval curriculum, a curriculum that takes class, gender, and ethnicity as central to an understanding of world cultural history.' - The Medieval Review Long considered to be a definitive and truly groundbreaking collection of sources, Women’s Lives in Medieval Europe uniquely presents the everyday lives and experiences of women in the Middle Ages. This indispensible text has now been thoroughly updated and expanded to reflect new research, and includes previously unavailable source material. This new edition includes expanded sections on marriage and sexuality, and on peasant women and townswomen, as well as a new section on women and the law. There are brief introductions both to the period and to the individual documents, study questions to accompany each reading, a glossary of terms and a fully updated bibliography. Working within a multi-cultural framework, the book focuses not just on the Christian majority, but also present material about women in minority groups in Europe, such as Jews, Muslims, and those considered to be heretics. Incorporating both the laws, regulations and religious texts that shaped the way women lived their lives, and personal narratives by and about medieval women, the book is unique in examining women’s lives through the lens of daily activities, and in doing so as far as possible through the voices of women themselves.