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Author: K. J. Kesselring
Publisher: Oxford University Press
ISBN: 0192666959
Category : History
Languages : en
Pages : 210
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Book Description
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.
Author: K. J. Kesselring
Publisher: Oxford University Press
ISBN: 0192666959
Category : History
Languages : en
Pages : 210
Get Book
Book Description
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.
Author: Sara Margaret Butler
Publisher: Routledge
ISBN: 0415825164
Category : Family & Relationships
Languages : en
Pages : 207
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Book Description
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.
Author: Andrea Griesebner
Publisher: Taylor & Francis
ISBN: 1000929612
Category : Social Science
Languages : en
Pages : 288
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Book Description
Getting divorced and remarried are now common practices in European societies, even if the rules differ from one country to the next. Civil marriage law still echoes religious marriage law, which for centuries determined which persons could enter into marriage with each other and how validly contracted marriages could be ended. Religions and denominations also had different regulations regarding whether a divorce only ended marital obligations or also permitted remarriage during the lifetime of the divorced spouse. This book deals with predominantly handwritten documents of divorce proceedings from the British Isles to Western, Central, and Southeastern Europe, and from 1600 to the 1930s. The praxeological analysis reveals the arguments and strategies put forward to obtain or prevent divorce, as well as the social and, above all, economic conditions and arrangements connected with divorce. The contributions break new ground by combining previously often separate fields of research and regions of investigation. It makes clear that the gender order doesn’t always run along religious lines, as was too often assumed. This book will be of interest to all scholars and students of economic, social, religious, cultural, legal, and gender history as well as gender and well-being in a broader sense.
Author: Lawrence Stone
Publisher:
ISBN:
Category : History
Languages : en
Pages : 396
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Book Description
Lawrence Stone's trilogy on marriage in early modern England has been widely praised. The New York Times Book Review hailed the first volume, Road to Divorce as "sure-footed and fascinating commentary" and chose it as a Notable Book of 1990. Christopher Hibbert in the Independent found that the "absorbing and often extraordinary" stories in volume two, Uncertain Unions "throw a clear, bright light not only upon the making and breaking of marriages in the late 17th and early 18th centuries, but also on social customs and the intimacies of private lives." Now, in Broken Lives, the third and final book, Stone sets out to examine the various ways people ended marriages and the lengths to which they would go to do so. Drawing from a massive archive of court cases, Stone presents stories that paint a revealing portrait of divorce in the period before 1857. Divorce could only be obtained by Act of Parliament, and often at great expense and with much difficulty. As Stone writes, however extreme the circumstances, the legal breaking of a marriage on the grounds of cruelty was not easy to obtain in seventeenth-century England. For instance, in Boteler v. Boteler, Anne Boteler, wife of Sir Oliver Boteler, had overwhelming evidence of her husband's abuse (which included death threats and physical attacks on Anne and her children). Yet even though Sir Oliver's own relatives testified against him, it took Anne three years to obtain a legal separation. Of course, in some instances, the wife had the upperhand. In Lovedon v. Lovedon, we see an instance in which a wife could repeatedly appeal her husband's suit for divorce at his expense. By law, Edward Lovedon was obliged to pay all of his wife Anne's bills until they were officially divorced. And in Beaufort v. Beaufort we learn that women would often successfully countersue their husbands for divorce on the grounds of impotence--in those days, it was more than likely that a man would fail the public test he underwent to prove his virility. Other cases reveal intriguing and often spiteful aspects of marital breakdown: servants blackmailing their adulterous masters and mistresses; and husbands suing their wives' lovers for property damage (i.e. to the wives' bodies). One of the world's leading authorities on the history of the family, Lawrence Stone has mapped the arduous routes which people took to break marriages--from private separation agreements to Parliamentary ruling. And as he does so, he provides a fascinating glimpse into daily life and marital conduct, and allows us to eavesdrop on the testimony and conversations of men and women of all sorts and conditions--from the serving girl to the served--in the changing social world of early modern England.
Author: Lawrence Stone
Publisher: Oxford University Press, USA
ISBN:
Category : Family & Relationships
Languages : en
Pages : 536
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Book Description
This work tells the complex story of how, from the Reformation to the present day, English men and women have contrived to use, twist or defy the law in order to deal with marital breakdown.
Author: Johanna Luthman
Publisher: Oxford University Press
ISBN: 0192865781
Category :
Languages : en
Pages : 367
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Book Description
In early 1618, Anne Cecil (nee Lake), Lady Roos, accused Frances Cecil, countess of Exeter, of having committed adultery and incest with her husband, the countess's step grandson, William Cecil, Lord Roos. The countess had attempted to poison her twice, first with a poisoned enema, and later with a poisoned syrup of roses. With the help of the countess, Lord Roos secretively fled England for Catholic Italy, leaving his wife and family behind. Now, the murderous countess was again planning to poison Lady Roos, and perhaps also her father, Sir Thomas Lake, the king's Secretary of State. The countess vehemently denied these sensational charges, fell on her knees before the king, and asked for justice and restoration of her damaged honour. The accusations and the countess's defence quickly became a public scandal. The king and council investigated and ordered the matter be solved in the Court of Star Chamber. The Lake and Cecil families promptly sued and counter-sued each other for slander. The trials attracted much attention, not least because Lake's position as Secretary hung in the balance, and because King James decided to emulate the Biblical King Solomon and sit as a judge himself. While the feud and entangled scandals make for sensational reading, they also offer unexplored windows into the culture, society, and politics of Jacobean England. These were events with resounding reverberations and profound impacts on the Jacobean court, involving both its domestic and foreign spheres. Here Johanna Luthman scrutinises the scandals in detail for the first time. Employing a diverse range of methodologies and critical lenses, including those from the history of medicine and gender, and an analysis of several court cases that have not yet been studied, Luthman demonstrates the importance of incorporating the history of these scandals into an understanding of complex and fraught world of the court of King James VI. In so doing, the book offers new perspectives from which to understand the period, and will be necessary reading for all those interested in Jacobean history, as well as the history of gender, family, medicine, and scandal more generally.
Author: Jennine Hurl-Eamon
Publisher: OUP Oxford
ISBN: 0191502766
Category : History
Languages : en
Pages : 256
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Book Description
The Girl I Left Behind Me addresses a neglected aspect of the history of the Hanoverian army. From 1685 to the beginning of the Victorian era, army administration attempted to discourage marriage among men in almost all ranks. It fostered a misogynist culture of the bachelor soldier who trifled with feminine hearts and avoided responsibility and commitment. The army's policy was unsuccessful in preventing military marriage. By concentrating on the many soldiers' wives who were unable to win permission to live "on the strength" of the regiment (entitled to half-rations) and travel with their husbands, this title explores the phenomenon of soldiers who persisted in defying the army's anti-marriage initiatives. Using evidence gathered from ballads, novels, court and parish records, letters, memoirs, and War Office papers, Jennine Hurl-Eamon shows that both soldiers and their wives exerted continual pressure on the state through evocative appeals to officers and civilians, fuelled by wives' pride in performing their own military "duty" at home. Respectable, companionate couples of all ranks reflect a subculture within the army that recognized the value in Enlightenment femininity. Looking at military marriages within the telescoping contexts of the state, their regimental and civilian communities, and the couples themselves, The Girl I Left Behind Me reveals the range of masculinities beneath the uniform, the positive influence of wives and sweethearts on soldiers' performance of their duties, and the surprising resilience of partnerships severed by war and army anti-marriage policies.
Author: Maria Nicolaou
Publisher: Pen and Sword
ISBN: 178159340X
Category : History
Languages : en
Pages : 201
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Book Description
A fresh perspective on the seamy side of history. Maria Nicolaou has done considerable research into the largely unexplored area of divorce and marital separation from the Tudor period to the early Victorian era. Divorced, Beheaded, Sold is full of scandalous, little-known stories of wife sale, marital discord and audacious escapades of errant spouses, this is an interesting, as well as informative read in the same vein as Maureen Waller's The English Marriage and Kate Summerscale's Mrs Robinson's Disgrace. ??Maria Nicolaou reveals how people ended their marriages in the days before divorce was readily available from committing bigamy to selling a wife at market. Her book is full of colourful characters and warring spouses, like Con Philips, who fought off her husband with a gun filled with firework powder; the Duke of Grafton, who hired an army of detectives to spy on his wife and obtain proof of her adultery; and Marion Jones, who recruited a gang to take back her property from her husband.
Author: R. C. Richardson
Publisher: Manchester University Press
ISBN: 9780719047404
Category : History
Languages : en
Pages : 276
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Book Description
This firmly established essential guide to the literature in the field appears here in a much revised third edition. New chapters are included on twentieth-century historians’ treatments of social complexities, politics, political culture and revisionism, and on the Revolution’s unstoppable reverberations. All the other chapters have been amended and recast to take account of recent publications. The book provides a searching re-examination of why the English Revolution remains such a provocatively controversial subject and analyzes the different ways in which historians over the last three centuries have tried to explain its causes, course and consequences. Clarendon, Hume, Macaulay, Gardiner, Tawney, Hill, and the present-day revisionists are given extended treatment, while discussion of the work of numerous other historians is integrated into a coherent, informative and immensely readable survey.
Author: Margaret Briggs
Publisher: Edward Elgar Publishing
ISBN: 1802204687
Category : Law
Languages : en
Pages : 533
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Book Description
This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
