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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.
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 edited collection, written by both established and new researchers, reveals the experiences of litigating women across premodern Europe and captures the current state of research in this ever-growing field. Individually, the chapters offer an insight into the motivations and strategies of women who engaged in legal action in a wide range of courts, from local rural and urban courts, to ecclesiastical courts and the highest jurisdictions of crown and parliament. Collectively, the focus on individual women litigants – rather than how women were defined by legal systems – highlights continuities in their experiences of justice, while also demonstrating the unique and intersecting factors that influenced each woman’s negotiation of the courts. Spanning a broad chronology and a wide range of contexts, these studies also offer a valuable insight into the practices and priorities of the many courts under discussion that goes beyond our focus on women litigants. Drawing on archival research from England, Scotland, Ireland, France, the Low Countries, Central and Eastern Europe, and Scandinavia, Litigating Women is the perfect resource for students and scholars interested in legal studies and gender in medieval and early modern Europe.
"Women and Gender in the Early Modern Low Countries, 1500-1750 brings together research on women and gender across the Low Countries, a culturally contiguous region that was split by the Eighty Years War into the Protestant Dutch Republic in the north and the Spanish-controlled, Catholic Hapsburg Netherlands in the south. The authors of this interdisciplinary volume highlight women's experiences of social class, as family members, before the law, and as authors, artists, and patrons, as well as the workings of gender in art and literature. In studies ranging from microhistories to surveys, the book reveals the Low Countries as a remarkable historical laboratory for its topic and points to the opportunities the region holds for future scholarly investigations"--
The Experience of Neighbourhood in Medieval and Early Modern Europe contributes to nascent debates on concepts of neighbourliness and belonging, exploring the operation of the pre-modern neighbourhood in social practice. Formal administrative units, such as the manor and the parish, have been the object of much scholarly attention yet the experience and limits of neighbourhood remain understudied. Building on recent advances in the histories of emotions and material culture, this volume explores a variety of themes on residential proximity, from its social, cultural and religious implications to material and economic perspectives. Contributors also investigate the linguistic categories attached to neighbours and neighbourhood, tracing their meaning and use in a variety of settings to understand the ways that language conditioned the relationships it described. Together they contribute to a more socially and experientially grounded understanding of neighbourly experience in pre-modern Europe.
Female protagonists are commonly overlooked in the history of crime; especially in early modern Italy, where women’s scope of action is often portrayed as heavily restricted. This book redresses the notion of Italian women’s passivity, arguing that women’s crimes were far too common to be viewed as an anomaly. Based on over two thousand criminal complaints and investigation dossiers, Sanne Muurling charts the multifaceted impact of gender on patterns of recorded crime in early modern Bologna. While various socioeconomic and legal mechanisms withdrew women from the criminal justice process, the casebooks also reveal that women – as criminal offenders and savvy litigants – had an active hand in keeping the wheels of the court spinning.
Providing an indispensable resource for students and scholars studying the history of medieval women and gender, this book provides a comprehensive depiction of women's lives in the 14th and 15th centuries. The late medieval period in England was one rich with opportunities for women, who played fundamental roles in family businesses as well as in the peasant community and economy, and who wrote letters, created autobiographies, and documented their spiritual journeys. Their lives fit into a pattern of seasonal celebrations and rituals shaped, for the majority of women, by work, marriage, and motherhood. The text further considers status distinctions, then shifts to experiences that affected all women, such as the ritual year, disease, food and drink, sex or celibacy, and religion. By providing an overview of the history of English women and gender in the 14th and 15th centuries, the book provides a background suitable for students as well as for academics beginning work in this field.
This book offers an innovative, comparative approach to the study of women’s legal rights during a formative period of Anglo–American history. It traces how colonists transplanted English legal institutions to America, examines the remarkable depth of women’s legal knowledge and shows how the law increasingly undermined patriarchal relationships between parents and children, masters and servants, husbands and wives. The book will be of interest to scholars of Britain and colonial America, and to laypeople interested in how women in the past navigated and negotiated the structures of authority that governed them. It is packed with fascinating stories that women related to the courts in cases ranging from murder and abuse to debt and estate litigation. Ultimately, it makes a remarkable contribution to our understandings of law, power and gender in the early modern world.
This book provides a detailed analysis of women’s involvement in litigation and other legal actions within their local communities in late-medieval England. It draws upon the rich records of three English towns – Nottingham, Chester and Winchester – and their courts to bring to life the experiences of hundreds of women within the systems of local justice. Through comparison of the records of three towns, and of women’s roles in different types of legal action, the book reveals the complex ways in which individual women’s legal status could vary according to their marital status, different types of plea and the town that they lived in. At this lowest level of medieval law, women’s status was malleable, making each woman’s experience of justice unique.
Looking at the experiences of women in early modern Portugal in the context of crime and forgiveness, this study demonstrates the extent to which judicial and quasi-judicial records can be used to examine the implications of crime in women’s lives, whether as victims or culprits. The foundational basis for this study is two sets of manuscript sources that highlight two distinct yet connected experiences of women as participants in the criminal process. One consists of a collection of archival documents from the first half of the seventeenth century, a corpus called 'querelas,' in which formal accusations of criminal acts were registered. This is a rich source of information not only about the types of crimes reported, but also the process that plaintiffs had to follow to deal with their cases. The second primary source consists of a sampling of documents known as the ’perdão de parte.’ The term refers to the victim’s pardon, unique to the Iberian Peninsula, which allowed individuals implicated in serious conflicts to have a voice in the judicial process. By looking at a sample of these pardons, found in notary collections from the sixteenth and seventeenth centuries, Abreu-Ferreira is able to show the extent to which women exercised their agency in a legal process that was otherwise male-dominated.