To Have and to Hold: Marrying and its Documentation in Western Christendom, 400–1600

doi:10.1017/CBO9780511511769

This 2007 book analyzes how, why, and when pre-modern Europeans documented their marriages - through property deeds, marital settlements, dotal charters, church court depositions, wedding liturgies, and other indicia of marital consent. The authors consider both the function of documentation in the process of marrying and what the surviving documents say about pre-modern marriage and how people in the day understood it. Drawing on archival evidence from classical Rome, medieval France, England, Iceland, and Ireland, and Renaissance Florence, Douai, and Geneva, the volume provides a rich interdisciplinary analysis of the range of marital customs, laws, and practices in Western Christendom. The chapters include freshly translated specimen documents that bring the reader closer to the actual practice of marrying than the normative literature of pre-modern theology and canon law.

"...(T)he volume offers a rich analysis of marriage in the West and provides a particularly useful resource to the academic and less specialized audiences."
Cristina Mitrovici, Comitatus

...a marvelous contribution to our understanding of medieval marriage traditions based on an analysis of the documents that preserve them."--Journal of Interdisciplinary Hisotry

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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List of Contributors
pp vii-viii
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Preface and Acknowledgments
pp ix-xiv
- By Philip L. Reynolds, Aquinas Professor of Historical Theology in the Candler School of Theology Emory University; Senior Fellow in the Center for the Study of Law and Religion, Emory University, John Witte, Jr., Jonas Robitscher Professor of Law and Director of the Center for the Study of Law and Religion, Emory University
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List of Abbreviations
pp xv-xvi
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1 - Marrying and Its Documentation in Pre-Modern Europe: Consent, Celebration, and Property
pp 1-42
- By Philip L. Reynolds, Aquinas Professor of Historical Theology Candler School of Theology, Emory University; Senior Fellow of Emory's Center for the Study of Law and Religion
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2 - Marrying and Its Documentation in Later Roman Law
pp 43-94
- By Judith Evans-Grubbs, Professor of Classics, Washington University in St. Louis
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3 - Marrying and the Tabulae Nuptiales in Roman North Africa from Tertullian to Augustine
pp 95-113
- By David G. Hunter, Monsignor James A. Supple Professor of Catholic Studies, Iowa State University
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4 - Dotal Charters in the Frankish Tradition
pp 114-164
- By Philip L. Reynolds, Aquinas Professor of Historical Theology Candler School of Theology, Emory University; Senior Fellow of Emory's Center for the Study of Law and Religion
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5 - Marriage and Diplomatics: Five Dower Charters from the Regions of Laon and Soissons, 1163–1181
pp 165-214
- By Laurent Morelle, Director of Studies École Pratique des Hautes Études (division of historical and philological sciences), Paris
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6 - Marriage Agreements from Twelfth-Century Southern France
pp 215-259
- By Cynthia Johnson, University of Toulouse-Mirail, France
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7 - Marriage Contracts in Medieval England
pp 260-286
- By R. H. Helmholz, Ruth Wyatt Rosenson Distinguished Service Professor of Law, University of Chicago
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8 - Marriage Contracts and the Church Courts of Fourteenth-Century England
pp 287-331
- By Frederik Pedersen, Lecturer in History, University of Aberdeen, Scotland
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9 - Marrying and Marriage Litigation in Medieval Ireland
pp 332-359
- By Art Cosgrove, Professor, Emeritus of History and former President, University College Dublin
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10 - Marriage Contracts in Medieval Iceland
pp 360-389
- By Agnes S. Arnórsdóttir, Associate Professor in the Institute of History and Area Studies, University of Aarhus, Denmark
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11 - Contracting Marriage in Renaissance Florence
pp 390-420
- By Thomas Kuehn, Professor and Department Chair of History, Clemson University
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12 - Marital Property Law as Socio-Cultural Text: The Case of Late-Medieval Douai
pp 421-452
- By Martha C. Howell, Miriam Champion Professor of History, Columbia University
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13 - Marriage Contracts, Liturgies, and Properties in Reformation Geneva
pp 453-488
- By John Witte, Jr., Jonas Robitscher Professor of Law and Director of the Center for the Study of Law and Religion, Emory University in Atlanta
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Index
pp 489-519
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To Have and to Hold

Marrying and its Documentation in Western Christendom, 400–1600

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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

List of Contributors
pp vii-viii

Preface and Acknowledgments
pp ix-xiv

List of Abbreviations
pp xv-xvi

1 - Marrying and Its Documentation in Pre-Modern Europe: Consent, Celebration, and Property
pp 1-42

2 - Marrying and Its Documentation in Later Roman Law
pp 43-94

3 - Marrying and the Tabulae Nuptiales in Roman North Africa from Tertullian to Augustine
pp 95-113

4 - Dotal Charters in the Frankish Tradition
pp 114-164

5 - Marriage and Diplomatics: Five Dower Charters from the Regions of Laon and Soissons, 1163–1181
pp 165-214

6 - Marriage Agreements from Twelfth-Century Southern France
pp 215-259

7 - Marriage Contracts in Medieval England
pp 260-286

8 - Marriage Contracts and the Church Courts of Fourteenth-Century England
pp 287-331

9 - Marrying and Marriage Litigation in Medieval Ireland
pp 332-359

10 - Marriage Contracts in Medieval Iceland
pp 360-389

11 - Contracting Marriage in Renaissance Florence
pp 390-420

12 - Marital Property Law as Socio-Cultural Text: The Case of Late-Medieval Douai
pp 421-452

13 - Marriage Contracts, Liturgies, and Properties in Reformation Geneva
pp 453-488

Index
pp 489-519

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To Have and to Hold

Marrying and its Documentation in Western Christendom, 400–1600

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