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

ISBN-13: 9780521877282 / Angielski / Twarda / 2008 / 694 str.

Jr. Charles Donahue

Opis

This is a study of marriage litigation 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. Extensive additional material--over 300 pages--can be found on the Cambridge University Press website (www.cambridge.org/9780521877282) in the Resources and Solutions section under the heading "Text and Commentary." This additional material includes Latin quotations from cases, discussions of alternative interpretations, references to primary sources that support the argument and references to the literature on the cases."

Recenzje

'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

Spis treści

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.