Bigamy and Christian Identity in Late Medieval Champagne


Book Description

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.




Royal Bastards


Book Description

The stigmatization as 'bastards' of children born outside of wedlock is commonly thought to have emerged early in Medieval European history. Christian ideas about legitimate marriage, it is assumed, set the standard for legitimate birth. Children born to anything other than marriage had fewer rights or opportunities. They certainly could not become king or queen. As this volume demonstrates, however, well into the late twelfth century, ideas of what made a child a legitimate heir had little to do with the validity of his or her parents' union according to the dictates of Christian marriage law. Instead a child's prospects depended upon the social status, and above all the lineage, of both parents. To inherit a royal or noble title, being born to the right father mattered immensely, but also being born to the right kind of mother. Such parents could provide the most promising futures for their children, even if doubt was cast on the validity of the parents' marriage. Only in the late twelfth century did children born to illegal marriages begin to suffer the same disadvantages as the children born to parents of mixed social status. Even once this change took place we cannot point to 'the Church' as instigator. Instead, exclusion of illegitimate children from inheritance and succession was the work of individual litigants who made strategic use of Christian marriage law. This new history of illegitimacy rethinks many long-held notions of medieval social, political, and legal history.




Colonial Justice and the Jews of Venetian Crete


Book Description

When Venice conquered Crete in the early thirteenth century, a significant population of Jews lived in the capital and main port city of Candia. This community grew, diversified, and flourished both culturally and economically throughout the period of Venetian rule, and although it adhered to traditional Jewish ways of life, the community also readily engaged with the broader population and the island's Venetian colonial government. In Colonial Justice and the Jews of Venetian Crete, Rena N. Lauer tells the story of this unusual and little-known community through the lens of its flexible use of the legal systems at its disposal. Grounding the book in richly detailed studies of individuals and judicial cases—concerning matters as prosaic as taxation and as dramatic as bigamy and murder—Lauer brings the Jews of Candia vibrantly to life. Despite general rabbinic disapproval of such behavior elsewhere in medieval Europe, Crete's Jews regularly turned not only to their own religious courts but also to the secular Venetian judicial system. There they aired disputes between family members, business partners, spouses, and even the leaders of their community. And with their use of secular justice as both symptom and cause, Lauer contends, Crete's Jews grew more open and flexible, confident in their identity and experiencing little of the anti-Judaism increasingly suffered by their coreligionists in Western Europe.




The Western Case for Monogamy Over Polygamy


Book Description

This volume documents the Western historical arguments for monogamy over polygamy, from antiquity to the present.




Preaching a Dual Identity


Book Description

In Preaching a Dual Identity, Nicholas Must examines seventeenth-century Huguenot sermons to study the development of French Reformed confessional identity under the Edict of Nantes. Of key concern is how a Huguenot hybrid identity was formulated by balancing a strong sense of religious particularism with an enthusiastic political loyalism. Must argues that sermons were an integral part of asserting this unique confessional position in both their preached and printed forms. To demonstrate this, Must explores a variety of sermon themes to access the range of images and arguments that preachers employed to articulate a particular vision of their community as a religious minority in France.




Carnal Knowledge


Book Description

How was the law used to control sex in Tudor England? What were the differences between secular and religious practice? This major study, based on a wide range of church and secular court archives, explores sexual regulation in London and provincial England before, during and immediately after the Reformation.




The Western Case for Monogamy over Polygamy


Book Description

For more than 2,500 years, the Western tradition has embraced monogamous marriage as an essential institution for the flourishing of men and women, parents and children, society and the state. At the same time, polygamy has been considered a serious crime that harms wives and children, correlates with sundry other crimes and abuses, and threatens good citizenship and political stability. The West has thus long punished all manner of plural marriages and denounced the polygamous teachings of selected Jews, Muslims, Anabaptists, Mormons, and others. John Witte, Jr carefully documents the Western case for monogamy over polygamy from antiquity until today. He analyzes the historical claims that polygamy is biblical, natural, and useful alongside modern claims that anti-polygamy laws violate personal and religious freedom. While giving the pro and con arguments a full hearing, Witte concludes that the Western historical case against polygamy remains compelling and urges Western nations to hold the line on monogamy.







Introduction to Medieval Europe 300–1500


Book Description

Introduction to Medieval Europe 300-1500 provides a comprehensive survey of this complex and varied formative period of European history. Covering themes as diverse as barbarian migrations, the impact of Christianization, the formation of nations and states, the emergence of an expansionist commercial economy, the growth of cities, the Crusades, the effects of plague, and the intellectual and cultural life of the Middle Ages, the book explores the driving forces behind the formation of medieval society and the directions in which it developed and changed. In doing this, the authors cover a wide geographic expanse, including Western interactions with the Byzantine Empire and the Islamic World. Now in full colour, this second edition contains a wealth of new features that help to bring this fascinating era to life, including: A detailed timeline of the period, putting key events into context Primary source case boxes Full colour illustrations throughout New improved maps A glossary of terms Annotated suggestions for further reading The book is supported by a free companion website with resources including, for instructors, assignable discussion questions and all of the images and maps in the book available to download, and for students, a comparative interactive timeline of the period and links to useful websites. The website can be found at www.routledge.com/cw/blockmans. Clear and stimulating, the second edition of Introduction to Medieval Europe is the ideal companion to studying Europe in the Middle Ages at undergraduate level.




Marriage, Separation, and Divorce in England, 1500-1700


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.