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5 - Unmarried women and widows

Published online by Cambridge University Press:  11 November 2009

Tim Stretton
Affiliation:
University of Waikato, New Zealand
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Summary

Widow Blackacre: You shall hear me, and shall be instructed. Lets see your Brief.

Mr Petulant: Send your Solicitor to me, instructed by a Woman! I'd have you to know, I do not wear a Bar-gown – –

Widow Blackacre: By a Woman! And I'd have you to know, I am no common Woman; but a woman conversant in the laws of the Land, as well as your self, tho' I have no Bar-gown.

William Wycherley The Plain Dealer (1676)

In the eyes of the law, single women and widows had full legal capacity. When considering women's rights it is consequently a mistake to study only those areas of the law obviously associated with women, such as jointure, dower, marriage settlements and separate estates. Such a focus can be misleading, for two reasons. First of all, it ignores the fact that in theory adult women without husbands were litigants like any others, free to go to court over the same issues as men. In practice this meant not just dower and jointure, but debts, bonds, contracts, property transactions, inheritance and a host of other matters. Secondly, for reasons connected with the legal restrictions wives suffered during marriage, women in sixteenth century England rarely played as dominant a role in litigating their own marriage settlements and separate estates as logic might suggest. They took part in marriage negotiations, but only occasionally did they participate in court actions when negotiated agreements failed.

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Publisher: Cambridge University Press
Print publication year: 1998

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  • Unmarried women and widows
  • 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/CBO9780511583124.007
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  • Unmarried women and widows
  • 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/CBO9780511583124.007
Available formats
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  • Unmarried women and widows
  • 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/CBO9780511583124.007
Available formats
×