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The non-judicial confinement of women is a common event in medieval European literature and hagiography. The literary image of the imprisoned woman, usually a noblewoman, has carried through into the quasi-medieval world of the fairy and folk tale, in which the 'maiden in the tower' is one of the archetypes. Yet the confinement of women outside of the judicial system was not simply a fiction in the medieval period. Men too were imprisoned without trial and sometimes on mere suspicion of an offence, yet evidence suggests that there were important differences in the circumstances under which men and women were incarcerated, and in their roles in relation to non-judicial captivity. This study of the confinement of women highlights the disparity in regulation concerning male and female imprisonment in the middle ages, and gives a useful perspective on the nature of medieval law, its scope and limitations, and its interaction with royal power and prerogative. Looking at England from 1170 to 1509, the book discusses: the situations in which women might be imprisoned without formal accusation of trial; how social status, national allegiance and stage of life affected the chances of imprisonment; the relevant legal rules and norms; the extent to which legal and constitutional developments in medieval England affected women's amenability to confinement; what can be known of the experiences of women so incarcerated; and how women were involved in situations of non-judicial imprisonment, aside from themselves being prisoners.
The non-judicial confinement of women is a common event in medieval European literature and hagiography. The literary image of the imprisoned woman, usually a noblewoman, has carried through into the quasi-medieval world of the fairy and folk tale, in which the 'maiden in the tower' is one of the archetypes. Yet the confinement of women outside of the judicial system was not simply a fiction in the medieval period. Men too were imprisoned without trial and sometimes on mere suspicion of an offence, yet evidence suggests that there were important differences in the circumstances under which men and women were incarcerated, and in their roles in relation to non-judicial captivity. This study of the confinement of women highlights the disparity in regulation concerning male and female imprisonment in the middle ages, and gives a useful perspective on the nature of medieval law, its scope and limitations, and its interaction with royal power and prerogative. Looking at England from 1170 to 1509, the book discusses: the situations in which women might be imprisoned without formal accusation of trial; how social status, national allegiance and stage of life affected the chances of imprisonment; the relevant legal rules and norms; the extent to which legal and constitutional developments in medieval England affected women's amenability to confinement; what can be known of the experiences of women so incarcerated; and how women were involved in situations of non-judicial imprisonment, aside from themselves being prisoners.
In this volume, the authors bring fresh approaches to the subject of royal and noble households in medieval and early modern Europe. The essays focus on the people of the highest social rank: the nuclear and extended royal family, their household attendants, noblemen and noblewomen as courtiers, and physicians. Themes include financial and administrative management, itinerant households, the household of an imprisoned noblewoman, blended households, and cultural influence. The essays are grounded in sources such as records of court ceremonial, economic records, letters, legal records, wills, and inventories. The authors employ a variety of methods, including prosopography, economic history, visual analysis, network analysis, and gift exchange, and the collection is engaged with current political, sociological, anthropological, gender, and feminist theories.
The first comprehensive exploration of women's multifaceted experiences of forced and consensual ravishment in medieval England.
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.
For decades, medieval scholarship has been dominated by the paradigm that women who wielded power after c. 1100 were exceptions to the “rule” of female exclusion from governance and the public sphere. This collection makes a powerful case for a new paradigm. Building on the premise that elite women in positions of authority were expected, accepted, and routine, these essays traverse the cities and kingdoms of France, England, Germany, Portugal, and the Latin Kingdom of Jerusalem in order to illuminate women’s roles in medieval power structures. Without losing sight of the predominance of patriarchy and misogyny, contributors lay the groundwork for the acceptance of female public authority as normal in medieval society, fostering a new framework for understanding medieval elite women and power.
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 Palgrave Pivot provides the first ever comprehensive consideration of the part played by women in the workings and business of the English Parliament in the later Middle Ages. Breaking new ground, this book considers all aspects of women’s access to the highest court of medieval England. Women were active supplicants to the Crown in Parliament, and sometimes appeared there in person to prosecute cases or make political demands. It explores the positions of women of varying rank, from queens to peasants, vis-à-vis this male institution, where they very occasionally appeared in person but were more usually represented by written petitions. A full analysis of these petitions and of the official records of parliament reveals that there were a number of issues on which women consistently pressed for changes in the law and its administration, and where the Commons and the Crown either championed or refused to support reform. Such is the concentration of petitions on the subjects of dower and rape that these may justifiably be termed ‘women’s issues’ in the medieval Parliament.
Historical biography has a mixed reputation: at its best it can reveal much not only about an individual, but the wider context of their life and society; at worst it can result in a narrowly focused work of hagiography or condemnation. Yet in spite of its sometimes inferior status amongst academics, biography has remained a popular genre, and in recent years has developed into new and intriguing areas. As the essays in this volume reveal, scholars from an array of different disciplines have embraced what biography can offer them, expanding the remit of biography from people to things, tracing the 'life' of their chosen object from creation to use to disposal to rediscovery. The increasing concern with the physicality of manuscripts and books has also meant an awareness of and interest in the 'lives' of these forms of material culture. Historians have also become increasingly interested in groups of individuals resulting in prosopographical studies. A book on the diversity of biography is therefore very timely, exploring the multi-disciplinary application of historical biography in the period 500-1700. It presents fourteen case studies offering new approaches to historical biography, written by early-career researchers from backgrounds in archaeology, English, art, architectural history and history, demonstrating different approaches and techniques. Overall, the collection is a strong and united statement by a group of early-career researchers who insist on the vitality of biography as a central concern of historians across the disciplines of the humanities. Contributors believe that the 'life' is a fundamental medium of study for the medieval and early modern periods, and thus . bolsters the move back towards biography as a primary tool of medieval and early modern scholars, as well as a tool for future research for humanities scholars interested in biography.
This volume explores the issues of taking, using and being hostages in the Middle Ages. It brings together recent research in the areas of hostages and hostageships, looking at the act of hostage-taking and the hostages themselves through the lenses of political and social history. Building upon previous work, this volume in particular critically examines not only the situations of hostages and hostageships but also the broader social and political context of each situation, developing a more complete picture of the phenomenon.