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.

A survey of attitudes to marriage as represented in medieval legal and literary texts. Medieval marriage has been widely discussed, and this book gives a brief and accessible overview of an important subject. It covers the entire medieval period, and engages with a wide range of primary sources, both legal and literary. It draws particular attention to local English legislation and practice, and offers some new readings of medieval English literary texts, including Beowulf, the works of Chaucer, Langland's Piers Plowman, the Book of Margery Kempe and the Paston Letters. Focusing on a number of key themes important across the period, individual chapters discuss the themes of consent, property, alliance, love, sex, family, divorce and widowhood. CONOR MCCARTHY gained his PhD from Trinity College Dublin.

This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.

Divorce in Medieval England is intended to reorient scholarly perceptions concerning divorce in the medieval period. 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. Because the medieval church was determined to uphold the sacrament of marriage whenever possible, divorce in the medieval period was a much more complicated process than it is today. Thus, this book steps readers through the process of divorce, including: grounds for divorce, the fundamentals of the process, the risks involved, financial implications for wives who were legally disabled thanks to the rules of coverture, the custody and support of children, and finally, what happens after a divorce. Readers will gain a much greater appreciation of marriage and women’s position in later medieval England.

Henrietta Leyser considers the problems and attitudes fundamental to every woman of the time: medieval views on sex, marriage and motherhood; the world of work and the experience of widowhood for peasant, townswoman and aristocrat. The intellectual and spiritual worlds of medieval women are also explored. MEDIEVAL WOMEN celebrates the diversity and vitality of English women's lives in the Middle Ages.

England is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.

From bestselling historians Frances and Joseph Gies, authors of the classic "Medieval Life" series, comes this compelling, lucid, and highly readable account of the family unit as it evolved throughout the Medieval period--reissued for the first time in decades. "Some particular books that I found useful for Game of Thrones and its sequels deserve mention. Life in a Medieval Castle and Life in a Medieval City, both by Joseph and Frances Gies." --George R. R. Martin, author of Game of Thrones Throughout history, the significance of the family--the basic social unit--has been vital. In Marriage and the Family in the Middle Ages, acclaimed historians Frances and Joseph Gies trace the development of marriage and the family from the medieval era to early modern times. It describes how the Roman and barbarian cultural streams merged under the influence of the Christian church to forge new concepts, customs, laws, and practices. Century by century, the Gies follow the development--sometimes gradual, at other times revolutionary--of significant components in the history of the family including: The basic functions of the family as a production unit, as well as its religious, social, judicial, and educational roles. The shift of marriage from private arrangement between families to public ceremony between individuals, and the adjustments in dowry, bride-price, and counter-dowry. The development of consanguinity rules and incest taboos in church law and lay custom. The peasant family in its varying condition of being free or unfree, poor, middling, or rich. The aristocratic estate, the problem of the younger son, and the disinheritance of daughters. The Black Death and its long-term effects on the family. Sex attitudes and customs: the effects of variations in age of men and women at marriage. The changing physical environment of noble, peasant, and urban families. Arrangements by families for old age and retirement. Expertly researched, master historians Frances and Joseph Gies--whose books were used by George R.R. Martin in his research for Game of Thrones--paint a compelling, detailed portrait of family life and social customs in one of the most riveting eras in history.

In 1807 Napoleon Bonaparte created the Duchy of Warsaw from the Polish lands that had been ceded to France by Prussia. His Civil Code was enforced in the new Duchy too and, unlike the Catholic Church, it allowed the dissolution of marriage by divorce. This book sheds new light on the application of Napoleonic divorce regulations in the Polish lands between 1808-1852. Unlike what has been argued so far, this book demonstrates that divorces were happening frequently in 19th century Poland and even with the same rate as in France. In addition to the analysis of the Napoleonic divorce law, the reader is provided with a fully comprehensive description of parties as well as courts and officials involved in divorce proceedings, their course and the grounds for divorce.

First published in 1984, The Royal Bastards of Medieval England establishes a list of royal bastards in medieval England, and discusses their roles in the history of the period. The authors describe how gradually the church began to formulate more definite views on sexual and marital customs, with a consequent decline in the status of illegitimate children. By early sixteenth century, however, royal bastards were once again making their way into the peerage. The book charts the lives of these men and women against the background not only of contemporary political developments, but also of changing ideas about morality and family. This book will be of interest to students of history, religion and literature.

High rates of divorce, often taken to be a modern and western phenomenon, were also typical of medieval Islamic societies. By pitting these high rates of divorce against the Islamic ideal of marriage,Yossef Rapoport radically challenges usual assumptions about the legal inferiority of Muslim women and their economic dependence on men. He argues that marriages in late medieval Cairo, Damascus and Jerusalem had little in common with the patriarchal models advocated by jurists and moralists. The transmission of dowries, women's access to waged labour, and the strict separation of property between spouses made divorce easy and normative, initiated by wives as often as by their husbands. This carefully researched work of social history is interwoven with intimate accounts of individual medieval lives, making for a truly compelling read. It will be of interest to scholars of all disciplines concerned with the history of women and gender in Islam.