On Tue, 12 Aug 1997, S.F.C. CHURCHILL wrote:
> Hello everybody
>
> Do any of you know if there is such a thing as a sourcebook of
> medieval marriage law (I don't know what else to call it). I
> particularly want to know what the early medieval church (mid to late
> 7c) thought of people, usually kings, marrying their stepmothers.
> Conway Churchill
> University of Leeds
> [log in to unmask]
>
>
>
The short answer to this question is that such a marriage wd have been
frowned upon. As for bibl., I'm sure someone hass mentioned James
Brundage's Law, Sex and Christian Society in Medieval Europe (Chicago,
1987). In addition (and possibly more to the point), see Francis X. Wahl,
"The Matrimonial Impediments of Consanguinity and Affinity: A Historical
Synopsis," The Caholic University of America Canon Law Studies XC,
1934, pp. 1-19; Michael M. Sheehan, "Choice of a Marriage Partner in the
Middle Ages: Development and Application of a Theory of Marriage," Studies
in Medieval and Renaissance History XI, 1978, pp. 4-15; and Jean
Dauvillier, Le Marriage dans le droit classique de l"eglise depuis le
decret de Gratien jusqu'a la mort de Clement V (Paris, 1933) -- despite
its title, there's stuff here of interest to you here. You may also want
to look at Constance Bouchard, "Consanguinity and Noble Marriage in
the Tenth and Eleventh Centturies," Speculum LVI, 1981, pp. 268-87, though
I think her thesis that the 7 degree rule was effective is grossly
overstated. Duby's stuff on marriage is to be avoided like the plague.
Just to summerize medieval rules of consanguinity: like the Romans,
marriage was forbidden w/in 7 degrees. Unlike the Romans (who counted up
from one marriage partner to a common ancester and down to the proposed
partner), medieval rules in theory forbade anyone to marry who was w/in 7
generations of a common ancester. This was expanded to include
relationships est. soley by marriage (affinity) or god-parenthood
(spiritual). A definate no-no marrying one's stepmom. Medieval churchmen
often looked the other way on 2nd cousin marriages (cf Bouchard), but I
don't think they wd have let this one slip by.
Hope this helps.
Michael F. Hynes
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