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Religion meant far more in early modern England than church on Sundays, a baptism, a funeral or a wedding ceremony. The Church was fully enmeshed in the everyday lives of the people; in particular, their morals and religious observance. The Church imposed comprehensive regulations on its flock, such as sex before marriage, adultery and receiving the sacrament, and it employed an army of informers and bureaucrats, headed by a diocesan chancellor, to enable its courts to enforce the rules. Church courts lay, thus, at the very intersection of Church and people. The courts of the seventeenth century – when ‘a cyclonic shattering’ produced a ‘great overturning of everything in England’ ...
This is an in-depth, richly documented study of the sex and marriage business in ecclesiastical courts of Elizabethan and early Stuart England. This study is based on records of the courts in Wiltshire, Cambridgeshire, Leicestershire and West Sussex in the period 1570-1640.
This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.