Bigamy and Christian Identity in Late Medieval Champagne. Sara McDougall

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Bigamy and Christian Identity in Late Medieval Champagne - Sara McDougall The Middle Ages Series

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      Bigamy and Christian Identity in Late Medieval Champagne

      THE MIDDLE AGES SERIES

      Ruth Mazo Karras, Series Editor

      Edward Peters, Founding Editor

      A complete list of books in the series is available from the publisher.

      Bigamy and Christian Identity in Late Medieval Champagne

      Sara McDougall

      UNIVERSITY OF PENNSYLVANIA PRESS

      PHILADELPHIA

      Copyright © 2012 University of Pennsylvania Press

      All rights reserved. Except for brief quotations used for purposes of review or scholarly citation, none of this book may be reproduced in any form by any means without written permission from the publisher.

      Published by

      University of Pennsylvania Press

      Philadelphia, Pennsylvania 19104–4112

       www.upenn.edu/pennpress

      Printed in the United States of America on acid-free paper

      10 9 8 7 6 5 4 3 2 1

      Library of Congress Cataloging-in-Publication Data

      McDougall, Sara.

      Bigamy and Christian identity in late medieval Champagne / Sara McDougall. — 1st ed.

      p. cm. — (The Middle Ages series)

      Includes bibliographical references and index.

      ISBN 978-0-8122-4398-7 (alk. paper)

      1. Bigamy—France—Champagne-Ardenne—History—To 1500. 2. Bigamy (Canon law)—History—To 1500. 3. Marriage—France—Champagne-Ardenne—History—To 1500. 4. Marriage (Canon law)—History—To 1500. I. Title. II. Series: Middle Ages series.

      HQ980.5.F8M33 2012

      306.84'1094431—dc23

      2011043926

      CONTENTS

       Introduction

       Chapter 1. Marriage and Remarriage in the Later Middle Ages: Law, Theology, and Culture

       Chapter 2. Bigamous Husbands

       Chapter 3. Abandoned Wives

       Chapter 4. Why Commit Bigamy?

       Chapter 5. Why Prosecute Bigamy?

       Conclusion: Christian Identity at the End of the Middle Ages

       Appendix: Selected Transcriptions from a Register of the Officiality of Troyes

       Notes

       Bibliography

       Index

       Acknowledgments

      Introduction

      In the course of the final three centuries of the thousand-year period known as the European Middle Ages, between the Fourth Lateran Council (1215) and the early decades of the sixteenth century, the Christian institution of marriage became at the same time an object of veneration and a source of deep concern. On the one hand, marriage became widely and intensely valued. Men and women at all levels of the social hierarchy married, and these marriages were treated as entrance into a respectable and pious stratum of society, sometimes referred to as the “order of matrimony,” or the order of married persons. This “order” was considered comparable, if not equivalent, to the holy orders of monks and nuns.1

      At the same time, as varied contemporary and especially sixteenth-century reports claim, the Christian institution of marriage underwent a considerable crisis at the end of the Middle Ages. The nature of that crisis, as found in northeastern France, is the subject of this book. Mine is far from the first modern book to discuss this crisis of marriage. Steven Ozment, to offer one example, describes the fifteenth century as a time in which the institutions of marriage and the family suffered greatly, largely because of the ways in which the Catholic Church handled marriage.2 This book is premised, however, on the argument that Ozment and other scholars have misunderstood the nature of this crisis, at least as it emerged in northern France.

      What indeed was this crisis of Christian marriage in the later Middle Ages? Ozment attributed the blame largely to the Catholic Church and its policies, which praised celibacy at the expense of marriage and the family and also espoused laws and legal practices that made marriage an unstable and disgraced business. Other scholars have different perceptions. In particular, most accounts have focused on the problem of “clandestine marriage.” From the time of Pope Alexander III (1159–81), Western Christians—as opposed to Byzantine—could marry on the basis of nothing more than an exchange of consent between a would-be husband and his wife. This meant that a couple, even a very young couple,3 could validly and indissolubly marry not only without the permission of their parents but also without any publicity or priestly participation. Simply making the declaration “I marry you” sufficed to create a lifelong marital bond, based upon the consent of the two spouses. The result of this “consensualist” marriage law, many scholars believe, was a crisis of parental and ecclesiastical control over marriage formation. If young Christians could enter into valid marriages by such exchanges of promises, this could only have greatest dangers for the authority of both families and the Church. Ozment argues that the writings of Protestant and Catholic reformers alike demonstrate the depth of the resulting crisis.

      This book also considers this problem of clandestine marriage. However, as I shall argue, in fifteenth-century northern France, clandestine marriage was not the problem that caused a crisis, nor was it such a grave problem at all. The “crisis of marriage” in late

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