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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.  相似文献   

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The lifestyles of the three earliest Dominican women's communities were formulated according to their specific historical conditions and exigencies during the years 1206–21. Initially, the women associated with the preaching mission of Diego of Osma and Dominic Guzman were based at Prouille in the Languedoc and followed the Augustinian Rule. The development of the first instituta for Dominican nuns was the result of 15 years of overseeing the lives of the sisters. However, enclosure, and the institutional requirement for its observance, only came about in 1220 with the establishment of San Sisto, when St Dominic wrote an instituta specifically intended for a cloistered nunnery. This paper retraces and elucidates the historical development of the first Dominican instituta for women, and considers the remarkable choice of the Augustinian Rule as the basis for an enclosed women's order.  相似文献   

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The lifestyles of the three earliest Dominican women's communities were formulated according to their specific historical conditions and exigencies during the years 1206–21. Initially, the women associated with the preaching mission of Diego of Osma and Dominic Guzman were based at Prouille in the Languedoc and followed the Augustinian Rule. The development of the first instituta for Dominican nuns was the result of 15 years of overseeing the lives of the sisters. However, enclosure, and the institutional requirement for its observance, only came about in 1220 with the establishment of San Sisto, when St Dominic wrote an instituta specifically intended for a cloistered nunnery. This paper retraces and elucidates the historical development of the first Dominican instituta for women, and considers the remarkable choice of the Augustinian Rule as the basis for an enclosed women's order.  相似文献   

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This article discusses the geopolitical manoeuvres of the comital House of Flanders, especially of Countess Clemence of Burgundy, to consolidate comital influence and power in the border region of western Flanders, specifically in the area of Bourbourg. By analysing and mapping the shifting patterns of interaction between alliances of both secular and ecclesiastical stakeholders in the charters issued for the abbey of Bourbourg, a female house, during the first decades of the twelfth century, it argues that the foundation and patronage of Bourbourg were engineered to create a symbolic and geo-strategic key site where the interests of the counts of Flanders and their local representatives, the abbot of Saint-Bertin, and members of the local elite converged, and alliances balanced each other. Moreover, through an anthropological approach in which the charters are also considered within the supra-institutional context of the reform movement, this study offers new insights into the dynamic role of Countess Clemence as a promoter and benefactor of Bourbourg Abbey, and also as a manager of her personal network of allies.  相似文献   

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As the study of queenship and female agency continues to flourish, this article contributes to recent historiography which has increasingly emphasised the importance of family ties in the functioning of the monarchy in the Middle Ages. This was particularly prevalent in thirteenth-century Anglo-French relations, as Henry III of England and Louis IX of France were married to the count of Provence’s two eldest daughters. The sisterly bond between Marguerite and Eleanor was one of the key components of improved relations between the two kingdoms. One of the ways the sisters were able to restore cordiality was through the marriage of Eleanor’s daughter, Beatrice, to the heir to the duchy of Brittany. This marriage demonstrates the many facets of female agency in reinstating and consolidating peace between England, France and Brittany. It also suggests that Beatrice was more than a pawn and played a role in the diplomacy involved in securing her marriage.  相似文献   

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This article explores marriage settlements in national political debate and legal usage in three Swedish towns, c. 1870–1920. During this period one of the central issues for the Swedish women's movement was to abolish the legalized male dominance within marriage. Despite some ambiguities towards marriage settlements, the women's movement tried to encourage women to write up contracts before marriage, as a way to both protect their property and to achieve more power within marriage. Traditionally, marriage settlements were exceptions in Swedish legal practice, but they became somewhat more common during the period under investigation. This development could be explained by the population increase and industrialization, but only partially. The analysis of the initiators, their social background and civil status as well as the change of contents in the marriage settlements are interpreted not only as reflections of economic change, but as evidence of female agency and emancipation.  相似文献   

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