PrepTest 23, Section 4, Question 8

Medievalists usually distinguish medieval public law from private law: the former was concerned with government and military affairs and the latter with the family, social status, and land transactions. Examination of medieval women's lives shows this distinction to be overly simplistic. Although medieval women were legally excluded from roles thus categorized as public, such as soldier, justice, jury member, or professional administrative official, women's control of land—usually considered a private or domestic phenomenon—had important political implications in the feudal system of thirteenth-century England. Since land equaled wealth and wealth equaled power, certain women exercised influence by controlling land. Unlike unmarried women (who were legally subject to their guardians) or married women (who had no legal identity separate from their husbands), women who were widows had autonomy with respect to acquiring or disposing of certain property, suing in court, incurring liability for their own debts, and making wills.

Although feudal lands were normally transferred through primogeniture (the eldest son inheriting all), when no sons survived, the surviving daughters inherited equal shares under what was known as partible inheritance. In addition to controlling any such land inherited from her parents and any bridal dowry—property a woman brought to the marriage from her own family—a widow was entitled to use of one-third of her late husband's lands. Called "dower" in England, this grant had greater legal importance under common law than did the bridal dowry; no marriage was legal unless the groom endowed the bride with this property at the wedding ceremony. In 1215 Magna Carta guaranteed a widow's right to claim her dower without paying a fine; this document also strengthened widows' ability to control land by prohibiting forced remarriage. After 1272 women could also benefit from jointure: the groom could agree to hold part or all of his lands jointly with the bride, so that if one spouse died, the other received these lands.

Since many widows had inheritances as well as dowers, widows were frequently the financial heads of the family; even though legal theory assumed the maintenance of the principle of primogeniture, the amount of land the widow controlled could exceed that of her son or of other male heirs. Anyone who held feudal land exercised authority over the people attached to the land—knights, rental tenants, and peasants—and had to hire estate administrators, oversee accounts, receive rents, protect tenants from outside encroachment, punish tenants for not paying rents, appoint priests to local parishes, and act as guardians of tenants' children and executors of their wills. Many married women fulfilled these duties as deputies for husbands away at court or at war, but widows could act on their own behalf. Widows' legal independence is suggested by their frequent appearance in thirteenth-century English legal records. Moreover, the scope of their sway is indicated by the fact that some controlled not merely single estates, but multiple counties.

Medievalists usually distinguish medieval public law from private law: the former was concerned with government and military affairs and the latter with the family, social status, and land transactions. Examination of medieval women's lives shows this distinction to be overly simplistic. Although medieval women were legally excluded from roles thus categorized as public, such as soldier, justice, jury member, or professional administrative official, women's control of land—usually considered a private or domestic phenomenon—had important political implications in the feudal system of thirteenth-century England. Since land equaled wealth and wealth equaled power, certain women exercised influence by controlling land. Unlike unmarried women (who were legally subject to their guardians) or married women (who had no legal identity separate from their husbands), women who were widows had autonomy with respect to acquiring or disposing of certain property, suing in court, incurring liability for their own debts, and making wills.

Although feudal lands were normally transferred through primogeniture (the eldest son inheriting all), when no sons survived, the surviving daughters inherited equal shares under what was known as partible inheritance. In addition to controlling any such land inherited from her parents and any bridal dowry—property a woman brought to the marriage from her own family—a widow was entitled to use of one-third of her late husband's lands. Called "dower" in England, this grant had greater legal importance under common law than did the bridal dowry; no marriage was legal unless the groom endowed the bride with this property at the wedding ceremony. In 1215 Magna Carta guaranteed a widow's right to claim her dower without paying a fine; this document also strengthened widows' ability to control land by prohibiting forced remarriage. After 1272 women could also benefit from jointure: the groom could agree to hold part or all of his lands jointly with the bride, so that if one spouse died, the other received these lands.

Since many widows had inheritances as well as dowers, widows were frequently the financial heads of the family; even though legal theory assumed the maintenance of the principle of primogeniture, the amount of land the widow controlled could exceed that of her son or of other male heirs. Anyone who held feudal land exercised authority over the people attached to the land—knights, rental tenants, and peasants—and had to hire estate administrators, oversee accounts, receive rents, protect tenants from outside encroachment, punish tenants for not paying rents, appoint priests to local parishes, and act as guardians of tenants' children and executors of their wills. Many married women fulfilled these duties as deputies for husbands away at court or at war, but widows could act on their own behalf. Widows' legal independence is suggested by their frequent appearance in thirteenth-century English legal records. Moreover, the scope of their sway is indicated by the fact that some controlled not merely single estates, but multiple counties.