Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-wzw2p Total loading time: 0 Render date: 2024-06-04T00:06:38.283Z Has data issue: false hasContentIssue false

9 - Women waging law

Published online by Cambridge University Press:  11 November 2009

Tim Stretton
Affiliation:
University of Waikato, New Zealand
Get access

Summary

Women have no voyse in Parliament, They make no Lawes, they consent to none, they abrogate none. All of them are understood either married or to bee married and their desires [are] subject to their husband. I know no remedy though some women can shift it well enough.

T.E. The Lawes Resolutions of Womens Rights (1632)

In The Patriarch's Wife, Margaret Ezell posed the rhetorical question: ‘was seventeenth-century England a society of submissive, deferential, opinionless females whose quietude was ensured by their ignorance and a hostile legal system?’ If we broaden her question to include the sixteenth century, the answer is clearly no. As countless examples in the foregoing chapters confirm, the central courts at Westminster regularly processed cases involving knowledgeable women who were neither submissive nor deferential. The legal system was certainly hostile in the sense that crown, judiciary and parliament each accorded women fewer rights than men, but these bodies never denied women rights altogether, and female litigants went to court in their thousands.

Women's relationship with the law was far from ideal, but it was not as uniformly bleak as some commentators have assumed. A variety of separate courts operated side by side in England, applying principles of equity or administering common law, ecclesiastical law or custom. Even the most male-centred of these jurisdictions provided women with distinctive rights and assistance, as well as burdening them with distinctive obligations and restrictions on their freedoms.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 1998

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Women waging law
  • Tim Stretton, University of Waikato, New Zealand
  • Book: Women Waging Law in Elizabethan England
  • Online publication: 11 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511583124.011
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Women waging law
  • Tim Stretton, University of Waikato, New Zealand
  • Book: Women Waging Law in Elizabethan England
  • Online publication: 11 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511583124.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Women waging law
  • Tim Stretton, University of Waikato, New Zealand
  • Book: Women Waging Law in Elizabethan England
  • Online publication: 11 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511583124.011
Available formats
×