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Law, Marriage, and Society in the Later Middle Ages: Arguments about Marriage in Five Courts

Autor Charles Donahue, Jr., Jr
en Limba Engleză Hardback – 16 mar 2008
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.
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Specificații

ISBN-13: 9780521877282
ISBN-10: 0521877288
Pagini: 696
Ilustrații: 37 tables
Dimensiuni: 164 x 240 x 47 mm
Greutate: 1.09 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States

Cuprins

1. The background rules and institutions; 2. Lying witnesses and social reality: four English marriage cases in the high middle ages; 3. Statistics – the court of York, 1300–1500; 4. Story patterns in the court of York in the fourteenth century; 5. Story patterns in the court of York in the fifteenth century; 6. Ely; 7. Paris; 8. Cambrai – the courts and the numbers; 9. Cambrai and Brussels – the content of the sentences; 10. Divorce a mensa et thoro and salvo iure thori (separation); 11. Social practice, formal rule, and the medieval canon law of incest; 12. Broader comparisons: English and Franco-Belgian marriage cases in the later middle ages and a glimpse at the rest of western Europe; Epilogue and conclusion.

Recenzii

'There have been good studies of marriage litigation in medieval Europe but nothing on this monumental scale. The writing is unostentatiously vivid. The direct style and the human interest of the situations discussed make it an easy book to read. Donahue's own intellectual personality comes through in the right kind of way: he writes as if about people he knows, and indeed he does know them, and reacts to their predicaments, or speculates about their veracity, as one might about contemporaries.' Journal of Ecclesiastical History
'This book is the impressive culmination of a life's work on late medieval marriage law and litigation in north-west Europe … This book is a vast resource for scholars of marriage in late medieval Western Europe who will find answers to questions on the canon law of marriage and its application, important statistical analysis of patterns of marriage, and fascinating rich detail of individual cases - guided by the judicious and entertaining voice of Professor Donahue.' Population Studies
'It is a book that one would consult rather than read through for the pleasure of learning so much about law and its application … Combined as they are in this excellent study with the author's amazing grasp of canon law and administration of the ecclesiastical courts, they make the book a tour de force in comparative history.' The Journal of Ecclesiastical History

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Descriere

Marriage litigation in York, Ely, Paris, Cambrai, and Brussels during the medieval period.