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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.
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.
Marriage litigation in York, Ely, Paris, Cambrai, and Brussels during the medieval period.
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.
Awarded honorable mention for the 2007 Wallace K. Ferguson Prize sponsored by the Canadian Historical Association How were marital and sexual relationships woven into the fabric of late medieval society, and what form did these relationships take? Using extensive documentary evidence from both the ecclesiastical court system and the records of city and royal government, as well as advice manuals, chronicles, moral tales, and liturgical texts, Shannon McSheffrey focuses her study on England's largest city in the second half of the fifteenth century. Marriage was a religious union—one of the seven sacraments of the Catholic Church and imbued with deep spiritual significance—but the marital unit of husband and wife was also the fundamental domestic, social, political, and economic unit of medieval society. As such, marriage created political alliances at all levels, from the arena of international politics to local neighborhoods. Sexual relationships outside marriage were even more complicated. McSheffrey notes that medieval Londoners saw them as variously attributable to female seduction or to male lustfulness, as irrelevant or deeply damaging to society and to the body politic, as economically productive or wasteful of resources. Yet, like marriage, sexual relationships were also subject to control and influence from parents, relatives, neighbors, civic officials, parish priests, and ecclesiastical judges. Although by medieval canon law a marriage was irrevocable from the moment a man and a woman exchanged vows of consent before two witnesses, in practice marriage was usually a socially complicated process involving many people. McSheffrey looks more broadly at sex, governance, and civic morality to show how medieval patriarchy extended a far wider reach than a father's governance over his biological offspring. By focusing on a particular time and place, she not only elucidates the culture of England's metropolitan center but also contributes generally to our understanding of the social mechanisms through which premodern European people negotiated their lives.
This book provides an accessible collection of translated legal sources through which the exploits of criminals and developments in the English criminal justice system (c.1215–1485) can be studied. Drawing on the wealth of archival material and an array of contemporary literary texts, it guides readers towards an understanding of prevailing notions of law and justice and expectations of the law and legal institutions. Tensions are shown emerging between theoretical ideals of justice and the practical realities of administering the law during an era profoundly affected by periodic bouts of war, political in-fighting, social dislocation and economic disaster. Introductions and notes provide both the specific and wider legal, social and political contexts in addition to offering an overview of the existing secondary literature and historiographical trends. This collection affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages.
Married Life in the Middle Ages, 900-1300 contains an analysis of the experience of married life by men and women in Christian medieval Europe, c. 900-1300. The study focusses on the social and emotional life of the married couple rather than on the institutional history of marriage, breaking it into three parts: Getting Married - the process of getting married and wedding celebrations; Married Life - the married life of lay couples and clergy, their sexuality, and any remarriage; and Alternative Living - which explores concubinage and polygyny, as well as the single life in contrast to monogamous sexual unions. In this volume, van Houts deals with four central themes. First, the tension between patriarchal family strategies and the individual family member's freedom of choice to marry and, if so, to what partner; second, the role played by the married priesthood in their quest to have individual agency and self-determination accepted in their own lives in the face of the growing imposition of clerical celibacy; third, the role played by women in helping society accept some degree of gender equality and self-determination to marry and in shaping the norms for married life incorporating these principles; fourth, the role played by emotion in the establishment of marriage and in married life at a time when sexual and spiritual love feature prominently in medieval literature.
What was the social structure of England in the period 1200 to 1500? What were the basic forms of social inequality? To what extent did such divisions generate social conflict? How significantly did English society change during this period and what were the causes of social change? Is it useful to see medieval social structure in terms of the theories and concepts produced within the medieval period itself? What does modern social theory have to offer the historian seeking to understand English society in the later middle ages? These are the questions which this book seeks to answer. Beginning with an analysis of class structure of medieval England, Part One of this book asks to what extent class conflict was inherent within class relations and discusses the contrasting successes and outcomes of such conflict in town and country. Part Two of the book examines to what extent such class divisions interacted with other forms of social inequality, such as those between orders (nobility and clergy), between men and women, and those arising from membership of a status-group (the Jews). Dr Rigby's discussion of medieval English society is located within the context of recent historical and sociological debates about the nature of social stratification and, using the work of social theorists such as Parkin and Runciman, offers a synthesis of the Marxist and Weberian approaches to social structure. The book should be extremely useful to those undergraduates beginning their studies of medieval England whilst, in offering a new interpretative framework within which to examine social structure, also interesting those historians who are more familiar with this period.
The institution of marriage is commonly thought to have fallen into crisis in late medieval northern France. While prior scholarship has identified the pervasiveness of clandestine marriage as the cause, Sara McDougall contends that the pressure came overwhelmingly from the prevalence of remarriage in violation of the Christian ban on divorce, a practice we might call "bigamy." Throughout the fifteenth century in Christian Europe, husbands and wives married to absent or distant spouses found new spouses to wed. In the church courts of northern France, many of the individuals so married were criminally prosecuted. In Bigamy and Christian Identity in Late Medieval Champagne, McDougall traces the history of this conflict in the diocese of Troyes and places it in the larger context of Christian theology and culture. Multiple marriage was both inevitable and repugnant in a Christian world that forbade divorce and associated bigamy with the unchristian practices of Islam or Judaism. The prevalence of bigamy might seem to suggest a failure of Christianization in late medieval northern France, but careful study of the sources shows otherwise: Clergy and laity alike valued marriage highly. Indeed, some members of the laity placed such a high value on the institution that they were willing to risk criminal punishment by entering into illegal remarriage. The risk was great: the Bishop of Troyes's judicial court prosecuted bigamy with unprecedented severity, although this prosecution broke down along gender lines. The court treated male bigamy, and only male bigamy, as a grave crime, while female bigamy was almost completely excluded from harsh punishment. As this suggests, the Church was primarily concerned with imposing a high standard on men as heads of Christian households, responsible for their own behavior and also that of their wives.
This is a study of the history and function of the highest ecclesiastical tribunal, the Sacra Romana Rota, from the twelfth to the sixteenth centuries. Despite its importance for Christendom and in contrast with other important papal offices, the activity of the Rota has never been thoroughly investigated on the basis of archival sources, in large part due to the vast source material and the perceived "difficulty" of the subject. This book fills this significant gap by explaining how the Rota functioned-its organization, the phases of a Rota process, everyday practices at the tribunal-and the kinds of issues it handled, where the processes originated from and how long they lasted. The study demonstrates that the Rota dealt with a range of cases much broader than has previously been acknowledged, whilst also confirming that the tribunal mainly oversaw litigation over benefices. The results of this research reveal the true role of the Rota and its significance for Christians from the middle ages to the dawn of the Reformation.