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English nuns and the law in the Middle Ages
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ISBN: 1843837862 9781843837862 9781782040521 1782040528 1283836556 Year: 2011 Publisher: Suffolk Boydell & Brewer

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Abstract

In late medieval England, cloistered nuns, like all substantial property owners, engaged in nearly constant litigation to defend their holdings. They did so using attorneys (proctors), advocates and other 'men of law' who actually conducted that litigation in the courts of Church and Crown. However, although lawyers were as crucial to the economic vitality of the nunneries as the patrons who endowed them, their role in protecting, augmenting or depleting monastic assets has never been fully investigated. This book aims to address the gap. Using records from the courts of the common law, Chancery, and a variety of ecclesiastical venues, it examines the working relationships without which cloistered nuns could not have lived in fully enclosed but self-sustainingc communities. In the first part it looks at the six mendicant and Bridgettine houses established in England, and relates the effectiveness and resilience of their cloistered spirituality to the rise of legal professionalism in the twelfth and thirteenth centuries. It then presents cases from ecclesiastical and royal courts which illustrate the work of legal professionals on behalf of their clients. Elizabeth Makowski is Ingram Professor of History, Texas State University.


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Apostate nuns in the later Middle Ages
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ISBN: 9781783274260 9781787445802 Year: 2019 Publisher: Suffolk Boydell & Brewer

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To make a vow is a matter of the will, to fulfill one is a matter of necessity, declared late medieval canon law, and religious profession involved the most solemn of those vows. Professed nuns could never renege on their vows and if they did attempt to re-enter secular society, they became apostates. Automatically excommunicated, they could be forcibly returned to their monasteries where, should they remain unrepentant, penalties, including imprisonment, might be imposed. And although the law imposed uniform censures on male and female apostates, the norms regarding the proper sphere of activity for women within the Church would prohibit disaffected nuns from availing themselves of options short of apostasy that were readily available to monks similarly unhappy with the choices that they had made. This book is the first to address the practical and legal problems facing women religious, both in England and in Europe, who chose to reject the terms of their profession as nuns. The women featured in these pages acted, and were acted upon, by the law: the volume shows alleged apostates petitioning for redress and actual apostates seeking to extricate themselves, via self-help and litigation, from the moral and legal consequences of their behaviour.

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