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  3. Marriage Litigation in the Western Church, 1215–1517
  • Cited by 4
Publisher:
Cambridge University Press
Online publication date:
September 2021
Print publication year:
2021
Online ISBN:
9781108955812
DOI:
https://doi.org/10.1017/9781108955812
Subjects:
Legal History, Area Studies, European History 1000-1450, Law, History, European Studies
Information

Book description

From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and Castile, this study explores the stark discrepancies in practice between the North of Europe and the South. Wolfgang P. Müller draws attention to the existence of public penitential proceedings in the North and their absence in the South, and explains the difference in demand, as well as highlighting variations in how individuals obtained written documentation of their marital status. Integrating legal and theological perspectives on marriage with late medieval social history, Müller addresses critical questions around the relationship between the church and medieval marriage, and what this reveals about both institutions.

Reviews

'An ambitious and successful demonstration of the markedly different ways the medieval canon law of marriage was put into practice. Based on a command of archival evidence, it makes an important contribution to European legal and social history.'

R. H. Helmholz - University of Chicago

‘Müller would have written a more coherent and tightly argued book if he had confined himself to his abundantly documented Northern European case studies. By pushing his analysis southward, however, he wrote a more captivating and stimulating one. The result of his ambition is a sprawling and learned overview of the varied experiences, judicial and penitential, of sacramental marriage in Western Europe over a period of three centuries.’

André Vitória Source: Speculum

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