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.     

‘The revolt of the medievalists’. Directions in recent research on the twelfth-century renaissance

This paper examines an attempt to introduce a male administrator at a Benedictine women's monastery in Catalonia in the fourteenth century. It argues that records from the monastic and episcopal archives indicate the existence of a complex and dynamic interplay between the nuns and their abbess and the bishop. Due to this complicated process of negotiation, the bishop did not succeed in imposing a new male authority figure over the traditional leadership of the community. Over the next fifty years, the abbesses reasserted themselves and redefined the procurator's role as one subordinate to themselves. The episode illustrates that nuns could employ varied tactics to resist attempts to change their traditional administrative structure.     

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.     

The development of the conjugal bond in late medieval Bohemia

In late medieval Bohemia the focus of the family became more and more the relationship between husband and wife at the expense of the husband's male kin group. Where the tie of loyalty to one's male lineage and its future welfare prevailed, disposals of property after death restricted a widow's rights only to her dowry. The law of the land and custom generally supported this practice. However, more and more from the fourteenth to the early sixteenth century men gave their widows greater social security and authority over their estates and children, in the process excluding their own male kin. These conclusions arise from a numerical analysis of dowry contracts and last wills and testaments in three modest sized towns in Bohemia. The analysis shows that most men ensured their widow's secure title to the family inheritance either alone or jointly with their children. It also shows that the rate of property arrangements favouring the wife increased in the course of the centuries examined.     

Anglo-Irish and Gaelic marriage laws and traditions in late medieval Ireland

This paper is intended to draw attention to the very different rights and restrictions accorded to Anglo-Irish and Gaelic women in late medieval Ireland. These differing traditions concerning marriage and women's rights within it led to conflicting marital experiences for Anglo-Irish and Gaelic women during this period. Fundamentally the Anglo-Irish idea of marriage was opposed to the Gaelic one which led to clashes especially where intermarriage between the two cultures took place.     

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.     

Sexual morality and canon law: The evidence of the Rochester consistory court

Material which survives from the Rochester consistory court during the middle years of the fourteenth century makes it possible to examine the manner in which canon legal theory on offences against sexual morality was implemented in practice. The officials at Rochester were adhering to general canon legal principles by assigning penance according to a ‘hierarchy of sin‘, and they were using the discretion allowed to them to make individual judgments in each case. The use of penances other than penitential beatings was related both to contemporary views on the suitability of different forms of penance for those in authority, and to the actual gravity of an offence. Priests' delicts were regarded more seriously than those of the laity. The court did not display any bias against women when assigning penance, and often treated men more harshly.