Concubinage and marriage in medieval canon law

The medieval canon law adopted an ambivaient attitude toward concubinage among the laity. While the canonists disapproved of concubinage on moral grounds, they sought to assimilate the status of the concubine to that of the married woman and thus to legitimize concubinous relationships. In this process of assimilation the canonists made use of the institution of clandestine marriage, which created problems of its own. The crucial difficulty lay in constructing a satisfactory system of proof, so that it would be clear whether or not a given couple should be treated as married, or whether they should be considered legally as unmarried. The Council of Trent abolished lay concubinage and clandestine marriage, but thereby created a system of marriage law flawed with defects almost as serious as those experienced under the medieval law.     

A gilded cage? Help and control in early Norwegian social policy

Between 1902 and 1972, Norway was the only country in Western Europe in which cohabitation without marriage was forbidden by law ("the concubinage clause"). Thirteen years after his arguably repressive clause was written into the criminal code, the Children Acts were introduced, giving Norwegian children born out of wedlock stronger social rights than in any other country at the time. Norway thus granted strong protection for children born outside marriage while extramarital sex in itself-in some circumstances- was forbidden. How can this paradox be understood? It has been argued that the Children Acts presupposed the concubinage clause, that the silk glove of the welfare state was only made possible by the iron fist of criminal law. This article studies the political debates preceding the two provisions and argues that both grew out of a particular understanding of the relationship between men and women. Extramarital sex was seen as something men did to women; thus, it could be argued that strengthening women's position in relation to that of men would lead to less immorality. Both the concubinage clause and the Children Acts were seen as means to this end.     

Let me count the ways: canonists and theologians contemplate coital positions

The fascinated horror that characterized treatments of sexual problems by medieval Churchmen is particularly evident in their attempts to provide guidance for Christians concerning the intimate details of marital relations. Christian moralists, canonists, and theologians from the patristic period onward commonly maintained that only one posture was appropriate and natural for human sexual intercourse. This article examines the efforts of successive generations of Christian teachers to account for this belief and to discourage variations from the prescribed coital position. The article concludes with a brief discussion of some survivals of medieval sex law in modern U.S. statutes and decisions.     

Let me count the ways: canonists and theologians contemplate coital positions

The fascinated horror that characterized treatments of sexual problems by medieval Churchmen is particularly evident in their attempts to provide guidance for Christians concerning the intimate details of marital relations. Christian moralists, canonists, and theologians from the patristic period onward commonly maintained that only one posture was appropriate and natural for human sexual intercourse. This article examines the efforts of successive generations of Christian teachers to account for this belief and to discourage variations from the prescribed coital position. The article concludes with a brief discussion of some survivals of medieval sex law in modern U.S. statutes and decisions.     

Between two cities: Jewish women and exogamous marriage in medieval Catalonia

In the marriage strategies of medieval Catalan Jews, the economic security of women came second to the economic goals of families. Exogamous marriages – marriages between the Jewish communities of two different cities – exacerbated the vulnerability of Jewish wives, widows and divorcées, due in large part to restrictions on women’s travel. Women who moved in order to marry experienced greater difficulty in managing financial resources and lost access to kinship networks. When women married men from other cities, at best they found themselves unable to take advantage of the connections created by their marriages. At worst, they risked financial loss if their husbands absconded to other cities with their dowries. Five case studies drawn from thirteenth- and fourteenth-century Catalan notarial registers reveal some of the ways in which exogamous marriages disadvantaged Jewish women. The extreme case of exogamy delineates the boundaries of possibility for Jewish women in the medieval Western Mediterranean.     

‘Almost Every Miracle is Open to Carping’: Doubts,Relics, Reliquaries and Images of Saints in the Long 12th Century

Many of the great surviving monuments from the middle ages, the cathedrals, churches and objects made for them or for private devotion, testify to the importance of Christian faith in medieval culture. Devotion to the saints was a facet of that belief, vividly recorded in the surviving relics, reliquaries and images of saints as well as in hagiographic literature. Yet medieval sources also contain references to doubts about the nature and power of saints and their relics. The overcoming of doubt or incredulity was a widely used trope in hagiography. However, if we take medieval doubts seriously, they should prompt us to consider whether the images and objects created to celebrate particular saints might sometimes have been designed to bolster dubious claims or help to authenticate disputed material within a rich discourse about both individual saints and relics and about the nature of holy bodies more generally.     

Aristocratic marriage and the English peerage, 1350–1500: social institution and personal bond

Marriage was obviously an important institution to the late medieval aristocracy. Almost all of the peers between 1350 and 1500 married: all but seven did so at least once, and 144 of the 424 peers (or 34 percent) married two or more times. Since marriages were for political and economic reasons, as much or more than for personal ones, we find that many of them were contracted within the forbidden degrees of kinship and affinity, by dint of an ecclesiastical dispensation. Some dispensations were issued before the marriage, while others — usually carrying some sort of penance — came afterwards. Few proposed marriages were actually repressed or prevented by the Church. But there is also considerable evidence for affection and partnership within a marriage. Husbands who died first usually left considerable personal goods to their widows. They often made them executrixes and spoke of them in terms of trust and continuing responsibilities. Though there is no question that marriage at first was more business than pleasure, qualitative data show that it often became a satisfactory personal relationship and that it offered considerable scope for sentiment and cooperation.     

‘Ex utroque sexu fidelium tres ordines’– The Status of Women in Early Medieval Canon Law

Canon law provides for various categorisations among Christians. In early Christian and medieval sources it is often not very clear whether a category is only for men, or for women as well. Taking as its starting point the question of lay status this article intends to clarify terminological difficulties. It touches upon the question of female members of the clergy and the greater equality of monks and nuns. The status of queens and empresses is also discussed.     

Keystone of the patriarchal family? Indissoluble marriage,masculinity and divorce in Liberal Italy

While divorce laws were introduced in most of western Europe in the second half of the nineteenth century, the majority of Italian statesmen exhibited strong reluctance to take such a measure on the occasions it was proposed by a number of progressive parliamentarians between unification and 1920. This essay examines the debates over whether or not to introduce a divorce law during Italy's Liberal period, arguing that many Italians saw indissoluble marriage as a way of protecting the ‘natural’ gender order against the corruptive tendencies of modernity seen elsewhere, particularly in France. Much rhetoric was expended on the notion that marriage protected Italian women in particular, but a divorce law would also have righted the radical asymmetries of power that lay at the heart of the Italian marriage contract. These were asymmetries that gave the husband distinct privileges and helped to construct masculine identity. For that reason, the maintenance of marriage as a contract only dissoluble by death can be read as a determination to protect traditional notions of masculinity.     

The changing relationship between education and marriage in the United States, 1940-2000

In 1940, when gender specialization was high, there was a negative relationship between education and marriage for women. College-educated women were least likely to be currently married and most likely to be never married. Declines in specialization were accompanied by a transition in this relationship. By 2000, when gender specialization was low, there was a positive relationship between education and marriage for women. College-educated women were most likely to be currently married, in part because they were more likely to stay married or remarry after divorce or widowhood. This transition occurred earlier and more completely for black women than for white women. These changes suggest that the relationship between education and marriage is shaped in part by the gender-role context.     

论陕甘宁边区婚姻立法原则的修正——以边区司法实践为视角

中国共产党在陕甘宁边区试图对旧有的婚姻观念和婚姻形态进行较为彻底的改造,在一系列婚姻立法中提出了新型的婚姻原则和婚姻制度。但是,婚姻制度的变革并不仅仅是新旧观念的简单变化,它的变革还应该包括经济、政治、文化等诸多社会制度的变革。因此,考察陕甘宁边区的实际婚姻状况,从司法实践中发现边区处理婚姻纠纷的原则、规则,不仅可以使我们全面了解边区司法机关在推行婚姻立法原则过程中所起到的重要作用,同时也为当今我国构建和谐社会、完善婚姻家庭制度提供了有益借鉴。     

The conjugal debt and medieval canon law

Marriage in Western European society was the preserve of the Christian Church throughout the later middle ages. The law of the Church played a significant role in the formation of doctrine concerning that institution, including the sexual relationship of spouses. Adopting a debt-model of conjugal relations, the canonists maintained that each partner owed marital coitus to the other. The lawyers emphasized the mutually binding character of this obligation, and consistently dejended the right of spouses to exact their marital due, insisting that this duty could be abrogated only by mutual consent. As heirs to an ascetic patristic tradition, however, the lawyers tended to be suspicious of fleshly pleasure. A peculiar and ambivalent doctrine resulted from this tension between an appreciation of the intrinsic goodness of the married state and a distrust of sex, one of its major constituents.     

The conjugal debt and medieval canon law

Marriage in Western European society was the preserve of the Christian Church throughout the later middle ages. The law of the Church played a significant role in the formation of doctrine concerning that institution, including the sexual relationship of spouses. Adopting a debt-model of conjugal relations, the canonists maintained that each partner owed marital coitus to the other. The lawyers emphasized the mutually binding character of this obligation, and consistently dejended the right of spouses to exact their marital due, insisting that this duty could be abrogated only by mutual consent. As heirs to an ascetic patristic tradition, however, the lawyers tended to be suspicious of fleshly pleasure. A peculiar and ambivalent doctrine resulted from this tension between an appreciation of the intrinsic goodness of the married state and a distrust of sex, one of its major constituents.     

Familial Purposes: An Argument Against the Promotion of Family Uniformity

William Galston (1996) and Jean Bethke Elshtain (1991) argue that law and policy should be used to promote the intact two-parent married heterosexual fondly. Galston advocates divorce reform to discourage single-parent families and Elshtain opposes extending the right to marry to same-sex couples. In response, I defend a multipurpose definition of family, oppose making divorce more difficult, and support same-sex marriage.     

Should we Abstain? Spousal Equality in Twelfth‐century Byzantine Canon Law

Spousal equality was not an ideal to which medieval societies generally aspired. Discussions about social order advocated a strict hierarchical structure: the man was to be the head of the household and the master of his wife. Did this subservient state of the wife extend to all spheres of family life or was there a space where spouses could act as equals? In this article I focus on one aspect of Byzantine spousal relations: the marital bed. I argue that there was a difference between lay and clerical couples. Among the Byzantine laity, husband and wife were equally responsible for deciding whether to engage in sexual intercourse. Canon law addressed lay husbands and wives as a couple. Among the clergy, however, the husband's responsibilities towards his flock sometimes required him to decide unilaterally in favour of abstinence. According to the law, it was the cleric's duty to ensure that this happened. As such it was he who was addressed and asked to abstain from his wife. More generally, the clerical status of the husband complicated the situation and needs to be taken into account before any generalisations are made about gender inequality.     

The market in concubines in Jiangnan during Ming-Qing China

The traffic in concubines flourished in Ming-Qing Jiangnan as a result of large scale interactions of political and socioeconomic contexts. How women were situated within the system is central to this study, which revolves around two major arguments. First, the traffic in concubines as a means for disaster relief during difficult times was legitimized as a benevolent policy. Second, women were not necessarily the victims of the commercialized market in concubines. To study concubinage in general and individual concubines in the market system in Jiangnan, the following issues command attention: the political and socioeconomic conditions fostering concubinage, the market system of women, the roles of brokers, the value indicators and resultant prices, the transaction procedures for the sale of women with specific contents of contracts, the effects of the market system on the concubines' lives, and the regulations of law and the judicial practice in penal cases.     

“Folklore” and “popular religion” in Britain during the middle ages

This article explores whether the bi‐polar model of “elite” and “folk” or “popular religion” can be maintained for the medieval period. In fact, there were many strands to medieval religious culture, and people from a variety of backgrounds participated at a variety of levels on different occasions. Using a variety of chronicles and other sources, rather than the more dogmatic penitentials and canon law texts usually cited, this article argues that historians should make room for “local religious culture” in their taxonomies, in which both elites (including clerics) and people could participate.     

The history of urban families in medieval England

Few medieval historians have turned their attention to the history of families in urban England. But the groundwork for such studies has been laid in previous scholarship on the merchant class, on women and work in towns, and on borough law and customs. Future studies, more specifically focused on families in towns, will draw upon a wide variety of sources including wills, property records, marriage litigation, coroner's rolls, poll taxes, borough customs, and, most importantly, borough plea rolls. These studies should allow us to explore how the special characteristics of the medieval urban environment – continual in-migration, economic opportunity, commercial and industrial diversity, extremes of wealth, high population density, and borough legal structures – affected family formation, life-cycle, demography, and domestic life in medieval towns.