Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-wpx69 Total loading time: 0 Render date: 2024-09-18T04:22:46.549Z Has data issue: false hasContentIssue false

7 - The effects of marriage on legal status

Published online by Cambridge University Press:  22 September 2009

B. J. Sokol
Affiliation:
Goldsmiths, University of London
Mary Sokol
Affiliation:
University College London
Get access

Summary

PATRIARCHY AND THE SOCIAL ORDER

During the past century the legal status conferred by marriage on a man and woman has been increasingly attenuated and the traditional common law rights and obligations of married people towards each other have been reconsidered and much reduced. In Shakespeare's time, by contrast, a family unified under its head (the husband/father) was considered to be of primary importance for ‘social order and political authority’, and the legal autonomy of individuals within the family was subordinated to this.

The patriarchal ideal of a well-ordered family was widely used as an analogy for a well-ordered wider society. William Gouge, for instance, considered the family was the seminary of the Church and the commonwealth: the family is ‘a Bee-hive, in which is the stoake, and out of which are sent many swarmes of Bees: for in families are all sorts of people bred and brought up and out of families are they sent into the Church and commonwealth’. In accord with its greater social importance, the early modern marriage was subject to greater outside scrutiny than today. The domestic relations between man and wife were watched over by the community for instance through the agency of the constables, the Poor Law and the church courts.

Marriage was accorded much attention in many contemporary texts, including conduct books, printed sermons, and legal treatises, and Parliament ordered the printing of An Homilie of the State of Matrimonie to be read out in church.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2003

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 [email protected] 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.

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.

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.

Available formats
×