scholarly journals Worthless Witnesses? Marginal Voices and Women's Legal Agency in Early Modern England

2019 ◽  
Vol 58 (4) ◽  
pp. 717-734 ◽  
Author(s):  
Alexandra Shepard

AbstractThis article explores the distribution of women witnesses in a selection of English church courts between the mid-sixteenth and early eighteenth centuries, in order to assess the extent to which women's participation as witnesses in these jurisdictions might be characterized as a form of legal agency. It shows that women's participation was highly contingent on their marital status and between places and over time and was shaped by the matters in dispute as well as the gender of the litigants for whom they testified. Although poverty did not exclude women witnesses (higher proportions of female witnesses than male claimed to be poor or of limited means), women were more vulnerable than were men to discrediting strategies that cast doubt on their authority in court. Such findings show that the incorporative dimensions of state formation did not deliver new forms of agency to women but depended heavily upon patriarchal norms and constraints.

Author(s):  
Erin A. McCarthy

Doubtful Readers: Print, Poetry, and the Reading Public in Early Modern England focuses on early modern publishers’ efforts to identify and accommodate new readers of verse that had previously been restricted to particular social networks in manuscript. Focusing on the period between the maturing of the market for printed English literature in the 1590s and the emergence of the professional poet following the Restoration, this study shows that poetry was shaped by—and itself shaped—strong print publication traditions. By reading printed editions of poems by William Shakespeare, Aemilia Lanyer, John Donne, and others, this book shows how publishers negotiated genre, gender, social access, reputation, literary knowledge, and the value of English literature itself. It uses literary, historical, bibliographical, and quantitative evidence to show how publishers’ strategies changed over time. Ultimately, Doubtful Readers argues that although—or perhaps because—publishers’ interpretive and editorial efforts are often elided in studies of early modern poetry, their interventions have had an enduring impact on our canons, texts, and literary histories.


2006 ◽  
Vol 21 (2) ◽  
pp. 341-369 ◽  
Author(s):  
DAVID R. CLARKE

This article contributes to debates over the ‘land–family bond’ in Early Modern England, in which social historians have engaged periodically during the past decade. It examines the work of Jane Whittle, Govind Sreenivasen and Alan Macfarlane and adds new archival evidence from my own study of three East Sussex villages, circa 1580–1770. Its focus is on the factors that influenced the land–family bond over time. It argues that a more nuanced understanding of individual tenant behaviour during this period cannot be reached without also charting the social, economic and demographic context in which such behaviour operated.


2010 ◽  
Vol 53 (3) ◽  
pp. 551-572 ◽  
Author(s):  
JONATHAN HEALEY

ABSTRACTThe development of the poor law has formed a key element of recent discussions of ‘state formation’ in early modern England. There are, however, still few local studies of how formal poor relief, stipulated in the great Tudor statutes, was implemented on the ground. This article offers such a study, focusing on Lancashire, an economically marginal county, far from Westminster. It argues that the poor law developed in Lancashire surprisingly quickly in the early seventeenth century, despite the fact that there is almost no evidence of implementation of statutory relief before 1598, and formal relief mechanisms were essentially in place before the Civil War even if the numbers on relief remained small. After a brief hiatus during the conflict, the poor law was quickly revived in the 1650s. The role of the magistracy is emphasized as a crucial driving force, not just in the enforcement of the statutes, but also in setting relief policy. The thousands of petitions to JPs by paupers, parishes, and townships that survive in the county archives suggests that magistrates were crucial players in the ‘politics of the parish’.


1996 ◽  
Vol 6 ◽  
pp. 235-245 ◽  
Author(s):  
Garthine Walker

Within the historiography of gender and reputation in early modern Europe, female and male honour are usually presented as being incommensurable; yet they are constantly compared. Female honour has been discussed primarily in the context of sexual reputation. Male honour is commonly imagined as ‘more complex’, involving matters of deference, physical prowess, economic and professional competence and die avoidance of public ridicule. Thus the predominant model of gendered honour has been oppositional—female to male, private to public, passive to active, individual to collective and, by extension, chastity to deeds. Such a model, however, is misconceived. Just as the honour of men could be bound up with sexuality and the body, so these constituted merely one—albeit powerful—concomitant of feminine honour. Sexual probity was indeed central to the dominant discourse of early modern gender ideology, and historians have quite properly noted the significance of a social code of female honour ‘which was overwhelmingly seen in sexual terms’. But the potency of this discourse has itself frequently led to the selection of sources in which sexual conduct and reputation are central issues, and in which sexual constructions of female dishonour are immediately visible Because women's honour has effectively been imagined in terms of dishonour, constructions of shame—especially those associated with sexuality and sexual behaviour—have been privileged over, or compounded with, those of affront. Even when it has been noted that sexual insult could be a mundane response ‘in every sort of local and personal conflict’, conceptualisations of women's honour have been defined overwhelmingly by the nature of such responses rather than the conflicts themselves.


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