LOVE & MARRIAGE IN THE AGE OF ROMANCE: SET TEXTS
* The Letters of Abelard and Heloise (Penguin Classics, Harmondsworth, 1974) 'Historia Calamitatum' and Letter 1, pp. 57-118.
* Chrétien de Troyes, Arthurian Romances (Penguin Classics 1991), pp. 37-494 (You may also use other translations or editions)
* Wolfram von Eschenbach, Parzival, trans. A.T. Hatto (Penguin Classics, Harmondsworth, 1980), pp. 15-411.
* John of Salisbury, Historia Pontificalis, ed. and trans. M. Chibnall (London, etc., 1956), pp.52-3, 61-2, 80-2 (photocopies will be provided)
* The Letters of John of Salisbury, i, The Early Letters (1153-1161), ed. and trans. W.J. Miller, H.E. Butler & C.N.L. Brooke (Oxford, 1986), no.131, pp.227-37 (photocopies will be provided).
* The Lais of Marie de France, transl. Glyn S. Burgess and Keith Busby (Penguin Classics, Harmondsworth, 1999), pp. 43-126.
* Corpus Juris Canonici, X 3.32.2, X 4.15.6 (translations will be made available) (one page)
* `Thomas Aquinas', Summa Theologica, Supplementum, QQ. 41-46 and 65-68, in The `Summa Theologica' of St. Thomas Aquinas, trans. Fathers of the Dominican Province, 19 (London, 1922), pp.76-127 and 327-376 (photocopies will be provided)
* British Library Cotton Charter XXIII.3 (a translation will be made available) (one page)
* British Library Harley Charter 43.D.1 (a translation will be made available) (one page)
* Case of Penysthorp v. Waldegrave (1334), printed in R. H. Helmholz, Marriage Litigation in Medieval England (Cambridge University Press, 1974) pp. 221-223 (a translation will be made available)
* Marriage sermons by Pierre de Saint-Benoît and Gérard de Mailly, in D. L. d'Avray, Medieval Marriage Sermons: Mass Communication in a Culture without Print (Oxford, 2001), pp. 211-225, 249-271
* Case from Gaol Delivery Rolls JUST 3. 41/1 (translation will be made available): 1 page.
* Passages from Henry of Segusio ('Hostiensis'), Lectura on the Decretals of Gregory IX (translation will be made available) (under 10 pages)
* Dossier of unpublished marriage sermons by thirteenth-century friars (translations will be made available) (under 20 pages)
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Decretals of Gregory IX: X.3.32.2: Unconsummated Marriage and Entry into a Religious Order
Alexander III to the Archbishop of Salerno (1180?)
It is true that after legitimate consent in the present tense, it is permitted to one partner, even against the will of the other, to choose a monastery (just as certain saints were called away from weddings), so long as they have not had carnal intercourse; and it is permitted to the other who remains to marry again, if he or she does not want to keep continence after being adminished to do so. For since they have not been made one flesh, one may well cross over to God, and the other remain in the world.
Decretals of Gregory IX: X.4.15.6
Because of the narrowness of a woman, a marriage is annulled (separatur) if it appears that she cannot be made fit to pay the marriage debt withut a divine miracle and without physical danger, but it should be re-instated, if it should afterwards appear that the Church was deceived.[1]
Innocent III to the Bishop of Auxerre. We received letters from you, Brother, which said, that a woman named O. contracted a marriage with a certain man, with whom she remained for many years, but could not be carnally known by him. And although you had been thoroughly informed on this matter by your Arch-priest, nevertheless, wishing your certainty to be even more fully confirmed, you summoned certain prudent and honest married women of her (or: his) parish, and strictly commanded them, on peril of their souls, that they should inspect the same woman with proper care (prudenter) and conduct a careful investigation to see whether she was capable of receiving the embraces of a man; finally they definitely (constanter) asserted to you on oath that this woman had never been capable of being a mother or a wife; just as if she were a person who lacked the natgural organ. Therfore you pronounced an annulment (divortium) between her and that man, and induced that woman to enter some religous order (religionem), and induced that woman to enter some relgious order (religionem) to remain chaste forever; and you gave the man permission to contract a marriage in the name of the Lord, because he wanted to be a father. It happened afterwards, however, that this woman found someone who unclosed thos bars, and, abandoning the chastity which she had promised, she who had had another husband married in addition G., the bearer of the present letter (G. latori presentium supernupsit). You humbly asked us to act mercifully towards them. Therefore, although you have not given us full information (semiplene nobis expresseris)
British Library Cotton Charter XXIII.3
To all the faithful of Christ whom the present letter has reached, Ralph Basset, son and heir of Simon Basset of Sapecote, deceased, sends greating in the Lord. Know that I have given, conceded,and through this present document confirmed to Master Peter of Leicester, cleric, custody of all the lands holdings, including the advowson [= right to appoint the parish priest] of the Church of Rokeby, which are held in chief [= without intermediary] from me from the inheritance of Ranulph of Rokeby, the son and heir of Lord Henry de Rokeby, and also the 'marriage' of Anabilla, the daughter and heir of the aforesaid Ranulph, for forty marks which the aforesaid Peter gave into my hands in such a way that the same Lord Peter can marry off the aforesaid Anabilla to whomsoever he wants, according to the free choice of his will, having and holding from me and my heirs for himself and his assignees the aforesaid advowson and right to marry off, up to the full and legal age of majority of the same Anabilla. And if it should happen that the lady Amabilla of Rokeby, who was the wife of the late aforesaid Henry of Rokeby, should pass away before the legal age of majority of the aforesaid Anabilla, which God forbid, I wish and I concede on my own behalf and that of my heirs and assignees that the same Peter may have all the lands, holdings, and revenues with their appurtenences that the aforesaid Amabilla held as her dowry, up until the legal age of majority of the aforesaid Anabilla, rendering to me annually, up until that same age, the half the value of all the lands, tenements and revenues that the aforesaid Amabilla teld as her dowry, as was said above, to be ascertained by a fair valuation, on the dates set for paying revenues in the village of Rokeby. And I, the aforesaid Ralph, my heirs and my assignees, will guarantee and acquit and defend against everybody the custody of all the aforesaid holdings, together with the advowson of the aforesaid church and the right to marry off the aforesaid heiress, up to the completion of the [legal] age of the aforesaid Anabilla. In testimony of this the present charter, made in the form of a chirograph, is validated both by my seal and that of the aforesaid Peter. These are the witnesses: the lords Robert of Chaumpayne, Robert Burdet, Thomas Basset the son of Ralph Basset . . . [other names follow] . . . Given at Leicester on Palm Sunday, in the ?twenty-fourth year of the reign of king Edward, son of king Henry.
[[ Omnibus Christi fidelibus ad quos presentes littere pervenerint Radulphus Basset filius et heres Simonis Basses de Sapecote defuncti salutem in Domino. Noveritis me dedisse concessisse et et per hoc presens scriptum confirmasse domino Petro de Leycestericlerico custodiam omnium terrarum et tenementorum cum advocatione ecclesie de Rokeby que de me tenentur in capite de hereditate Ranulphi filii et heredis domini Henrici de Rokeby, et etiam maritagium Anabille filie et heredis predicti Ranulphi, pro quadraginta Marcis quas predictus Petrus michi dedit pre manibus, ita quod idem dominus Petrus predictam Anabillam possit maritare cuicumque voluerit pro libito voluntatis sue arbitrio, habend' et tenend' de me et heredibus meis sibi et assignatis suis predictam advocationem et maritagium supradicta [check] usque ad plenam et legitimam etatem eiusdem Anabille. Et si contingat quod domina Amabilla [sic] de Rokeby, que fuit uxor quondam predicti Henrici de Rokeby, infra legitimam etatem predicte Anabille in fatum decedat, quod absit, volo et concedo pro me, heredibus, et assignatis meis quod idem Petrus habeat omnes terras, tenementa, et redditus cum suis pertinentiis, que predicta Amabille tenuit nomine dotis usque ad legittimam etatem predicte Anabille, reddendo michi annuatim usque ad eandem etatem valorem medietatis omnium terrarum, tenementorum, et reddituum que predicta Amabilla tenuit in dotem, ut predictum est, per rationabilem extentam inde faciendam [per . . . faciendam interlined] ad terminos redditus conferendi in villa de Rokeby constitutos. Et ego predictus Radulphus, heredes et assignati mei predictam custodiam omnium predictorum tenementorum una cum advocatione ecclesie predicte, maritagio heredis predicte, contra omnes warentizabimus, acquietabimus, et defendemus, usque ad perfectionem etatis predicte Anabille. In cuius rei testimonium hoc presens scriptum ad modum cyrograph' confectum tam sigillo meo quam sigillo predicti Petri roboratum est, hiis testibus: dominis Roberto de Chaumpayne, Roberto Burdet, Thom' Basset filio Radulphi Basset, . . . [other names follow] Datum Leycestre, die dominica in ramis Palmarum, anno regni regis Edwardi, filii regis Henrici, vicesimo [last part of word obscured] quarto. ]]
British Library Harley Charter 43 D. 1. 25 June 1292
Edward by the grace of God King of England, Lord of Ireland and Duke of Aquitaine, and overlord of the kingdom of Scotland: to all those whom the present letter reaches, greetings. Know that we have given and conceded to our beloved and faithful man Gilbert Count of Gloucester and Hertford the marriage of Duncan the son and heir of Duncan [MacDuff], formally the count of Fife, in such a way that he be not disparaged. In testimony of this deed I have had this letter patent sealed with the seal assigned to the governance of the Kingdom of Scotland. Given at Berwick on Tweed, on the 25th day of June, in the twentieth year of our reign.
[[Edwardus dei gratia Rex Angl', Dominus Hibern', et Dux Aquit', et superior Dominus Regni Scot', omnibus ad quos presentes littere pervenerint, salutem. Sciatis nos dedisse et concessisse dilectio et fideli nostro Gilberto Comiti Glovernie [second part of word illegible] et Hereford maritagium Duncani filii et heredis Duncani quondam comitis de ffyf, ita quod non disparagetur. In cuius rei testimonium has litteras patentes sigillo regimini Regni Scot' deputato fecimus sigillari. Datum apud Berwick super Twedam xxvto die Junii anno regni nostri vicesimo. ]]
Case of Penysthorp v. Waldegrave (1334), printed in R. H. Helmholz, Marriage Litigation in Medieval England (Cambridge, 1974), pp. 221-3.
Richard son of Walter de Waldegrave was sworn in and examined and interrogated diligently about the articles attached to this roll. He says that he has known John son of Ralph de Penysthorpp' from four years ago, and has known Elizabeth daughter of Walder de Waldegrave from her birth, because she is his sister by blood. Asked if he knew of any force and fear brought to bear on the same John by the said Elizabeth or on her part to contract marriage with her, as is contained in the articles, he says that the same man who had been sworn in [i.e. Richard himself] has heard it said that the same John had general access to Elizabeth the sister of the same sworn witness. And among other things he has heard it said by a certain woman that the same John was supposed to come to the house of Walter the father of the same Elizabeth at Wynested on the next night following the day of St. Peter in Chains last [proximo preteritum]. And when the same sworn witness had perceived the arrival of the same John in the shadows of the night of the said day at the house of his fother, the same sworn witness went to the bakehouse situated at the end of the garden of the aforesaid Walter, and knocked at its door. And as soon as he had gone in, the aforesaid John met the same sworn witness [Richard], and begged of him: 'Pardon', 'Merci' in English, the same sworn witness asking: 'Who are you?' - and he replied 'It's John', and says that he wants to do whatever the same Richard wants. And immediately the sworn witness drew his sword, lest the same John should leave the house. And he sent his servant and fellow witness to go for Elizabeth and Alice, the sisters of the aforesaid sworn witness; and when they came there, the same sworn witness said to the aforesaid John that he should take the said Elizabeth by the right hand and contract marriage with her. And the same John said to the same Elizabeth: 'Here I take you Elizabeth as my wife, to have and to hold to the end of my life, and to this do I give thee my faith'; the same Elizabeth replying straightaway: 'Here I take thee John as my husband, to have and to hold to the end of my life, and to this do I give thee my faith.' And he believe that it is likely [credit verisimiliter] that the same John would not have made the contract in the aforesaid way unless he had swornCHECK and acted in the way that was set out; but whether the same fear as that which as is said was brought to bear on the same John by the same Richard could have fallen on a man of constancy, he does not know. In addition to this [ad hoc] he says that the same John, immediately afterwards on this same night, went away from the said place and habitation of the aforesaid Walder de Waldegrave and from the company [comitiva] of the same Elizabeth, and up to this point he has remained apart and still delays as is said in the same place. Anything else, apart from what he said in his deposition above, about any force or fear brought to bear on the same John by the said Elizabeth or her party he knows nothing that he can say. Asked who were present, he says that he himself, Richard, was, and John, Alice and Elizabeth, the sisters of the same Richard, and Thomas his fellow witness, and no more that he knows of . Asked if the things set out above are public, notorious and manifest, he sais that he has heard it said publicly in the paris of Wynested and neighbouring places that the same John was compelled by force and fear to contract marriage as is set out above.
Thomas de Hummanoy, ages 17 years as he says, sworn in, examined and diligently interrogated about the articles attached to this role, asked if he knew of any force and fear brought to bear on John the son of Ralph of Penysthorpp to contract marriage with Elizabeth the daughter of Walter de Waldegrave, as is contained in the articles, says that he was present in the property [manso] of Walter de Waldegrave at Wynested in the bakehouse of the same Walter on a certain night that he does not recall, within the curent year [annum nunc instantem] or a little more, and there and at that time he saw Richard de Waldegrave, his fellow witness, knock on the door of thesaid bakehouse and go in. And immediately the aforesaid John met the same man, from whom the same Richard asked: 'What are you doing here?' And he replied: 'I've come here for your sister Elizabeth'. And immediately the said Richard said to him: 'You will espouse [sponsabis] her as your wife.' He replied: 'I willingly want what you want.' Immediately the same Richard sent the same Thomas his fellow witness to seek the aforesaid Elizabeth. When she came there he heard the said John say to the same Elizabeth, taking her by the right hand: 'Here I take you, Elizabeth, as my wife, to have and to hold to the end of my life, and to this do I dive you my faith'; the said Elizabeth replying immediately: 'Here I take you John as my husband, to have and to hold to the end of my life, and to this I give you my faith', in the presence at that time of Richard his fellow witness, Alice his sister and the contracting parties. Asked if the said John was compelled in the manner which was stated above to say and bring out the aforesaid words, he says that: 'yes' as he becileves, since he saw the aforesaid Richard draw his sword; and having drawn his sword he threatened the said Richard and commanded him to take his sister by the hand and contract with her as is stated above. He says furthermore that immediately afterwards on the same night the same John went away from the same Elizabeth and her company [comitiva] andstill stays away from her company. He has not heard anything said about other force and fear apart from what he said in his deposition, nor does he know how to say anything more or add to his deposition about the said articles, though interrogated diligently.
. . .
[I leave off the end so that you can decide what the outcome of the case should be.]
Case from Gaol Delivery Rolls
Public Record Office/National Archives: JUST 3. 41/1
(‘Newgate gaol deliveries by Henry Spigurnel and fellows, 10-14 Edward II (1316 - 1320). Plea Roll.’ [This description attached to the doc..]
‘Newgate gaol deliveries by Henry Spigurnel and fellows, 10-14 Edward II (1316 - 1320). Plea Roll.’
Translation
John of Worcester, captured at the suit of John of Weston, knight, for a certain robbery which he committed at Newcastle on Tyne of fifteen pounds sterling, in sterling pennies in ready money, in rings and in gold brooches,silver cups, and other jewels and goods and chattels to the value of a hundred pounds. And for burgling the house of Robert of Kesteven in (?)Distaplane in the ward of Breadstreet in London, and for a certain robbery feloniously committed at night in the same place of the goods and chattels of N. Bishop of Bath and Wells, to the value of a hundred pounds. And also a buglary of the house of Hervic of Staunton, the Chancellor of the Exchequer of the Lord King within Aldredesgate, and a robbery feloniously done to the same Hervic of goods and chattels to the value of forty pounds. And he was indicted, etc. He came and when asked how he wished to clear himself of aforesaid felonies, he said that he is a cleric, etc., and cannot on that account answer here. And with regard to that the objection was made to the same John that he should not enjoy clerical privilege, because he is a ‘bigamist’, because he married a certain widow named Alice, who had previously been the wife of a certain William of Thuriton, who died in the prison of the lord King in the Tower of London, etc. And the aforesaid John says that he is not a bigamist, and that he never had any wife, etc. And with regard to that, Robert of Ware, John of Waleden, William the (?)Maderman, Gilbertus le Sherman, William the Skinner, John of Kent, dier, Simon or Tournam, Henry of Somerset, William le Hastere, Thomas Acte Romme, Simon the Taylor, and William of Noctele, sworn in as a jury of the Ward of Castle Baynard and of the neighbourhood of the (...?) of St. Paul, where the aforesaid John and the aforesaid Alice have already lived for five years, said on their oath that the aforesaid John of Worcester, after the death of a certain William of Thurston, the first husband of the aforesaid Alice, the man who died in the prison of the Tower of London, married the same widow Alice, and kept her as his wife in their neighbourhood. And they say specifically that the aforesaid John is a bigamist, etc. Therefore the same John answered for the aforesaid felonies. And when asked how he wished to clear himself of the aforesaid robberies, burglaries and felonies, he specifically refused to put himself to any jury, etc. Therefore, as one refusing the common law, he was committed to gaol for peine [forte et dure]. Afterwards, in the presence of the same justices and in the presence of John of Sherbourn, standing in for Stephen of Abingdon, coroner of the lord King of the City of London, the aforesaid John of Worceser admitted the robberies, burglaries and felonies attributed to him, and that he is a thief, and he became an ‘approver’, etc. And he made an appeal, etc. Afterwards, in the presence of the same justices, on the Saturday after the feast of the translation of the Martyr, now in the fourteenth regnal year, the same John [withdrew] himself from his aforesaid appeal. Therefore he was hanged, etc.