The Welsh Law of Women by Dafydd Jenkins Morfydd E. Owen

Author:Dafydd Jenkins, Morfydd E. Owen [Dafydd Jenkins, Morfydd E. Owen]
Language: eng
Format: epub
ISBN: 9781786831620
Google: JARDzQEACAAJ
Publisher: University of Wales Press
Published: 2017-01-15T22:19:57+00:00

FOOTNOTES

1 I have left this paper largely in the form in which it was delivered at the Conference on Welsh Medieval Law in 1974. Such an apologia is issued not so much to explain its colloquial style but rather to emphasise that it is no more than an exploratory draft and one which is much concerned with defining the problems and shortcomings of the evidence. All references to unpublished documents relate, unless otherwise stated, to material at the Public Record Office, London.

2 Ior § 46/4, Bleg 66. 9-13.

3 Cf. R. H. Helmholz, Marriage Litigation in Medieval England (Cambridge, 1974), 31: “The court records show the tenacity of the belief that people could regulate their own matrimonial affairs without the assistance or the interference of the church”.

4 See for example E. D. Jones, “Rhannu Tir Rhys ab Elise”, (1943) 3 NLWJ 23-8; J. Wynn, History of the Gwydir Family, ed. J. Ballinger (Cardiff, 1927) 18 (cases relating to land); R. R. Davies, “The Survival of the Bloodfeud in Medieval Wales”, (1969) 54 History 338-58 at pp. 354-5 (galanas—arbitration); idem, “The Law of the March”, (1970) 5 WHR 1-31 at p. 18 (extra-curial settlement of assault cases). For amodwyr see 5 WHR 17 and n. 63.

5 Court Rolls (S.C.2) 226/18, m. 11 (1345).

6 S.C.2/218/4, m. 8v.

7 See above n. 6. In a similar case in 1359-60 it was recorded that a marriage agreement carried a penalty clause of £4, half of which was payable to the lord and half to the injured party: S.C.2/218/7, m. 16v.; 218/8, m. 12.

8 For traean cymell in the law texts and court rolls see (1969) 54 History 345-6.

9 For canon law learning on marriage, A. Esmein, Le mariage en droit canonique (Paris, 1891) remains the standard work. Recent brief introductions are provided by G. le Bras, “Le Mariage dans la théologie et le droit de l’église du XIe au XIIIe siècle”, (1968) 11 Cahiers de civilisation médiévale, 191-202; J. L. Barton, “Nullity of Marriage and Illegitimacy in the England of the Middle Ages” in Legal History Studies 1972 (ed. D. Jenkins: Cardiff, 1975) 28-49, and C. N. L. Brooke, Marriage in Christian History (Cambridge, 1978). The evidence on marriage litigation in English ecclesiastical courts is admirably considered in R. A. Helmholz’s book (see n. 3) and in M. M. Sheehan, “The Formation and Stability of Marriage in Fourteenth-Century England: Evidence of an Ely Register”, (1971) 33 Medieval Studies 228-63.

10 Already in the late-eleventh century Archbishop Lanfranc attacked the practices of the Irish whereby men “marry within their own kindred or that of their deceased wives; others desert their wives as and when they please; they even traffic them for other men’s wives in exchange”: Margaret Gibson, Lanfranc (Oxford, 1978), 123. In another letter, quite probably prompted by this one, Pope Gregory VII claimed that “Many of them [viz. the ‘Scots’] not only abandon but even sell their wives”: The Epistolae Vagantes of Pope Gregory VII, ed. H. E. J. Cowdrey (Oxford, 1972) no. 1. References to

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.