Family And Marriage Flashcards

(68 cards)

1
Q

How old were elite women when they married?

A

Between 13 and 18

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2
Q

How old were elite men when they married?

A

Mid twenties

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3
Q

How old were not elite people when they married?

A

Early to mid twenties

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4
Q

How many people who married had married before?

A

As many as half

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5
Q

What did the later age of marriage between commoners mean?

A

They had extended adolescence which was spent in apprenticeship

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6
Q

who were elite marriages closely controlled by?

A

heads of families

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7
Q

what was the sacramental bond of marriage created by?

A

consent alone-marriage vows did not have to be exchanged in church nor was a priest’s presence required

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8
Q

what was needed to prove the marriage in a church court?

A

two witnesses

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9
Q

what were the two types of contract?

A

present and future

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10
Q

what registered future contracts binding?

A

consummation
an unconsummated future contract could be broken up by mutual consent or if one partner made a present contract with another person

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11
Q

what was a contract usually followed by?

A

solemnisation

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12
Q

once entered how could a marriage be dissolved?

A

only through death

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13
Q

how did divorce work?

A

it did not dissolve a marriage it only meant that the couple were no longer required to live together
people who were divorced could not re-marry so long as the other person lived

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14
Q

what did divorce end?

A

the obligation to have sex

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15
Q

why were not all couples free to render consent?

A

impediments

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16
Q

what did impediments include?

A

a previous marriage, force to enter contract, blood relationship, affinity (relationship created by sexual union but not limited to marriage), impotence (inability to have sex)

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17
Q

what was a contract made in private known as?

A

a marriage before God

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18
Q

what was the only way in which a present tense contract could be broken?

A

through the existence of an impediment

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19
Q

what were clandestine marriages?

A

those that were improperly solemnised

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20
Q

what were the couple to ask parish priests once they agreed to marry?

A

to announce before the congregation on a Sunday that the two in question intended to enter into marriage-this was to flush out any impediments
After banns had been proclaimed 3 times and if no one came forth to declare an impediment solemnization could proceed

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21
Q

what happened to priests who solemnised marriages where an impediment had been called?

A

he was liable to be summoned to explain himself before the Commissary court

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22
Q

who kept a close eye on the couple between the contract and solemnisation?

A

the public to make sure that they were not breaking any of the marriage sacraments

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23
Q

what was the approved liturgy during solemnisation known as?

A

the sarum rite

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24
Q

how did marriage patterns differ between rural and urban areas?

A

a greater proportion of those living in rural areas married earlier than those living in towns

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25
what strata of society was clandestine marriage more common for?
the lower strata
26
what did clandestine marriage provide an escape from?
an unwelcome betrothal | in practice clandestine marriage made it possible for people to contract and dissolve their own marriages
27
who did the lower classes usually have their weddings witnessed by?
the clergy
28
who did the upper classes usually have their weddings witnessed by?
a notary
29
what did both clergy and laity believe was essential to marriage?
the ability to have sex
30
when did most couples consummate their marriage?
before the formal ceremony
31
what were routinely used to terminate informal separations?
marital affection orders which required couples to re-establish sexual relationships under the pain of excommunication
32
what was the innovation in divorce practice granted because of hatred?
granted the separation of residence but continued to demand the marital debt
33
what did the church strongly oppose granting divorce on the grounds of?
adultery
34
what did the 5th Lateran council prohibit?
concubinage among the laity
35
what was the punishment for those convicted of concubinage?
fines (which increased if the man was married) sometimes supplemented by public penitential acts
36
what happened to tenants who brought concubines into premises they had leased?
they violated a term of the agreement and was liable to lose his title to the leased property and could be evicted by the landlord
37
what was a concubine who removed property from her consort guilty of?
theft
38
what did the many cases of concubinage represent?
a viable alternative to marriage for those who lacked resources to enter into a formal agreement
39
what did church courts require of men who had seduced unmarried women?
the provision of a dowry to the woman
40
who was at fault when a woman committed adultery?
her husband it was customary for female adulterers to be dealt with privately from her husband while male adulterers were often handed over to the courts
41
what did adulterous wives forfeit?
the claims to their husbands estates
42
what did a husband who killed his adulterous wife forfeit?
his claim to her dowry
43
what was a male adulterer whose mistress conceived a child obliged to do?
compensate her husband for the upbringing of the child
44
who became increasingly involved in the organisation of brothels?
town and city governments
45
what 4 categories did prostitutes fall into?
top tier-respected inmates of public brothels second tier-workers in bathhouses third tier-strumpets who worked in bordellos fourth tier-streetwalkers who were individual entrepreneurs
46
what were the earnings of prostitutes generally subject to?
taxation from municipal councils and occasionally the church
47
how was prostitution regulated to specific areas of a city?
by laws which dictated which clothes they wore and restrictions on dwelling places certain towns forbade prostitutes from appearing in public during certain seasons of the year
48
how did towns consider prostitution?
as a civic industry | therefore they were anxious to curb the activities of entrepreneurs who were not part of the local establishment
49
what were the most common punishments for convicted rapists?
fines and imprisonment
50
how did the social status of women effect the punishment of rapists?
the higher status of the women who was raped, the more severe the punishment
51
how did legal writers view rape within marriage?
it was not considered a crime
52
where was homosexuality most prevalent?
among clergy and students
53
what were the punishments for homosexuality?
burnings and beheadings
54
how did age effect the punishment for sodomy?
the older the culprit the more severe the punishment
55
what happened to clerics who refused to renounce their concubines?
they were to be deprived of their benefices, suspended from clerical status and deprived of any offices they may hold
56
why may authorities have feared stricter rules and punishments against clerical sex?
they feared a mass exodus of clergy from their ministry
57
who did church courts face growing competition from in the control of sex and marriage?
civic courts
58
how did the public view consummation?
they continued to believe that a marriage had to be fully consummated before it was valid
59
how were clerical concubines more than sex partners?
their labor was vital to the household economy | clerics relied on women to manage the home, land and side business as well as help out in the parish
60
how did the community treat clerical concubines?
as legitimate spouses | clerical unions were often well received in peasant villages as the concubine usually had ties with the community
61
what effected the tolerance for clerical unions?
clerical culture, lack of ecclesiastical reforms at local level, prosecutorial focus of the bishop’s court on clerical violence and disputes over benefices, lack of royal support for reforming clergy
62
what was the occupation most commonly associated with clerical concubines?
domestic service
63
what did clerical unions resemble?
lay marriages
64
what effected a concubines relationship with parishioners?
her family history and ties to the community, her sexual history, and her behaviour all affected her relations with the parishioners and likely determined her ultimate acceptance in the community
65
how were clerical concubines more secure than lay concubines?
they could not be replaced by a wife
66
how did some clerics disguise their continuing relationships with concubines?
my marrying them to other men
67
what is a companionate marriage?
the union of an adult woman and man who had freely chosen to wed, principally in pursuit of both romance and friendship and who imagined their union to be a partnership fuelled by mutual interests, shared activities and sustained desire
68
why was companionate marriage fashioned as an ideal?
commerce made property moveable and separate from the land as never before meaning couples had to be good managers and work as a team