Women Waging Law in Elizabethan England
This book investigates the surprisingly large number of women who participated in the vast expansion of litigation in sixteenth- and seventeenth-century England. Making use of legal sources, literary texts, and the neglected records of the Court of Requests, it describes women's rights under different jurisdictions, considers attitudes to women going to court, and reveals how female litigants used the law, as well as fell victim to it. In the central courts of Westminster, maidservants sued their masters, widows sued their creditors, and in defiance of a barrage of theoretical prohibitions, wives sued their husbands. The law was undoubtedly discriminatory, but certain women pursued actively such rights as they possessed. Some appeared as angry plaintiffs, while others played upon their poverty and vulnerability. A special feature of this study is the attention it pays to the different language and tactics that distinguish women's pleadings from men's pleadings within a national equity court.
- Examines every aspect of women's relationship with the law, comparing practice with theory
- Compares women's experience with that of men, and analyses a wide range of experiences
- Draws in literary and dramatic texts in an attempt to relate fictional pleadings with real situations
Reviews & endorsements
"Stretton's work on women's litigation in the Court of Requests is a useful contribution to the current investigation of women as agents of legal action, rather than simply as objects of legal limitations. Stretton admirably highlights the gaps between theory and practice in both the law and gender relations, and the variability in the 16th-century legal system..." Choice
"...a quick and accessible read for policymakers and students alike. Its challenge to contemporary liberal thinking about poor women's work make it a provocative text for courses in public welfare policy, women's labor history, and recent feminism, as well as a needed reminder to activists for social justice." Labor History
"Stretton's monograph provides a welcome introduction to the under-studied court of Requests..." Amy M. Froide, Albion
"Stretton provides explanations of women's rights to property under every major juridical structure in Elizabethan England. Indeed, these explanations are so helpful that is likely historians will cite them as frequently as they do the portions of Stretton's book that focus on its clear and interesting argument." American Historical Review
Product details
November 2005Paperback
9780521023252
292 pages
229 × 152 × 17 mm
0.436kg
2 maps
Available
Table of Contents
- 1. Introduction
- 2. Women, legal rights and law courts
- 3. Female litigants and the culture of litigation
- 4. The court of requests
- 5. Unmarried women and widows
- 6. Married women
- 7. Freebench, custom and equity
- 8. Pleading strategies in requests
- 9. Women waging law.