Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-pftt2 Total loading time: 0 Render date: 2024-05-01T09:01:54.551Z Has data issue: false hasContentIssue false

2 - Marriage, separation and the common law in England, 1540–1660

Published online by Cambridge University Press:  31 July 2009

Tim Stretton
Affiliation:
Associate Professor and Chair of the History Department, Saint Mary's University in Halifax, Nova Scotia
Helen Berry
Affiliation:
University of Newcastle upon Tyne
Elizabeth Foyster
Affiliation:
University of Cambridge
Get access

Summary

King:

Shall I divorce them then? O be it far,

That any hand on earth should dare untie,

The sacred knot knit by Gods majesty;

I would not for my crown disjoin their hands

That are conjoined in holy nuptial bands,

How sayest thou Lacy? Wouldst thou loose thy Rose?

Thomas Dekker, The Shoemakers Holiday (1600)

Lawrence Stone believed that from the time of the Reformation, which led to a narrowing of the grounds for annulment, until just prior to the Restoration, when private separation agreements became possible, the bonds of marriage were harder to break than at any other time in English history. Later historians have disagreed with Stone about the precise contours of marriage law and practice during these decades. R. H. Helmholz, for example, has questioned the ease with which the pre-Reformation church granted annulments, while Martin Ingram remains sceptical of Stone's assumptions about the prevalence of desertions after the Reformation. Nevertheless, few historians dispute the legal, ecclesiastical and social strength of the institution of marriage between the mid-sixteenth and mid-seventeenth centuries. Elsewhere in Europe, the Protestant reforms that removed marriage from its sacramental pedestal also ushered in the possibility of divorce, but in England divorce in the modern sense – the legal dissolution of a valid marriage allowing parties to remarry – remained unobtainable for most couples until 1857.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×