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Gwen Seabourne - Imprisoning Medieval Women: The Non-Judicial Confinement and Abduction of Women in England, c.1170-1509

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Imprisoning Medieval Women: The Non-Judicial Confinement and Abduction of Women in England, c.1170-1509: summary, description and annotation

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The non-judicial confinement of women is a common event in medieval European literature and hagiography. The literary image of the imprisoned woman, usually a noblewoman, has carried through into the quasi-medieval world of the fairy and folk tale, in which the maiden in the tower is one of the archetypes. Yet the confinement of women outside of the judicial system was not simply a fiction in the medieval period. Men too were imprisoned without trial and sometimes on mere suspicion of an offence, yet evidence suggests that there were important differences in the circumstances under which men and women were incarcerated, and in their roles in relation to non-judicial captivity. This study of the confinement of women highlights the disparity in regulation concerning male and female imprisonment in the middle ages, and gives a useful perspective on the nature of medieval law, its scope and limitations, and its interaction with royal power and prerogative. Looking at England from 1170 to 1509, the book discusses: the situations in which women might be imprisoned without formal accusation of trial; how social status, national allegiance and stage of life affected the chances of imprisonment; the relevant legal rules and norms; the extent to which legal and constitutional developments in medieval England affected womens amenability to confinement; what can be known of the experiences of women so incarcerated; and how women were involved in situations of non-judicial imprisonment, aside from themselves being prisoners.

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IMPRISONING MEDIEVAL WOMEN
To my family and
For the honour of women
Petition of Isabel, widow of Sir Richard de Cleterne, 1338 x 1343: SC 8/39/1937.
Imprisoning Medieval Women
The Non-Judicial Confinement and Abduction of Women in England, c.11701509
GWEN SEABOURNE
University of Bristol, UK
First published 2011 by Ashgate Publishing Published 2016 by Routledge 2 Park - photo 1
First published 2011 by Ashgate Publishing
Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright Gwen Seabourne 2011
Gwen Seabourne has asserted her right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
Seabourne, Gwen, 1969
Imprisoning medieval women : the non-judicial confinement
and abduction of women in England, c.11701509.
1. WomenEnglandHistoryMiddle Ages, 5001500.
2. ImprisonmentEnglandHistoryTo 1500. 3. Women
prisonersEnglandHistoryTo 1500. 4. Abduction
EnglandHistoryTo 1500. 5. Common lawEngland
HistoryTo 1500. 6. Sex discrimination against women
EnglandHistoryTo 1500. 7. Law, Medieval. 8. Male
domination (Social structure)EnglandHistoryTo
1500.
I. Title
303.360820942-dc22
Library of Congress Cataloging-in-Publication Data
Seabourne, Gwen, 1969-
Imprisoning medieval women : the non-judicial confinement and abduction of women in England,
c.11701509 / Gwen Seabourne.
p. cm.
Includes bibliographical references and index.
ISBN 978-1-4094-1788-0 (hardcover) ISBN 978-1-4094-1789-7 (ebook)
1. Women prisonersGreat BritainHistory. 2. WomenGreat BritainHistoryMiddle Ages,
5001500. 3. Great BritainHistoryMedieval period, 10661485. 4. WomenGreat BritainSocial
conditions. I. Title.
HV9644.S43 2011
365.4309420902dc22
2010046206
ISBN: 978-1-409-41788-0 (hbk)
ISBN: 978-1-315-58802-5 (ebk)
Contents
List of Tables
List of Abbreviations
AM
Luard, H.R. (ed.), Annales Monastici (5 vols, London: Longman, 186469)
Adam of Usk
The Chronicle of Adam of Usk AD 13771421, ed. E.M. Thompson (Felinfach: Llanerch Press, 1990)
Barbour
Barbour, John, The Bruce, ed. A.A.M. Duncan (Edinburgh: Canongate, 1997)
BDSW
Ewan, Elizabeth, Sue Innes and Sin Reynolds (eds), The Biographical Dictionary of Scottish Women from the Earliest Times to 2004 (Edinburgh: Edinburgh University Press, 2006)
BIHR
Bulletin of the Institute of Historical Research
BNB
Maitland, F.W. (ed.), Bractons Note Book: A Collection of Cases decided in the Kings Courts during the Reign of Henry III (3 vols, London: C.J. Clay, 1887)
Bower
Bower, Walter, Scotichronicon, ed. D.E.R. Watt and A. Borthwick (9 vols, Aberdeen: Aberdeen University Press, 198798)
Bracton
Woodbine, George, and Samuel Thorne (eds), Bracton on the Laws and Customs of England (4 vols, Cambridge MA: Harvard University Press, 196877)
Brut
The Brut, or the Chronicles of England, ed. F.W.D. Brie (London: Kegan Paul, 1908)
C
The National Archives, class C (Chancery)
c.
chapter
c.
circa
Cal. Mem. Rolls
Calendar of Memoranda Rolls (Exchequer) preserved in the Public Record Office, Michaelmas 1326Michaelmas 1327 (London: HMSO, 1968)
Cal. Pap. Let.
Calendar of Entries in the Papal Registers relating to Great Britain and Ireland: Papal Letters (18 vols, London: HMSO, 18971989)
Cal. Welsh Rolls
Calendar of Various Chancery Rolls, Supplementary Close Rolls, Welsh Rolls, Scutage Rolls, AD 12771326 (London: HMSO, 1912)
CCR
Calendar of Close Rolls (London: HMSO, 18921963)
CDS
Bain, Joseph, Grant Simpson and James Galbraith (eds), Calendar of Documents relating to Scotland (5 vols, Edinburgh: Scottish Record Office, 18811986)
CFR
Calendar of the Fine Rolls Preserved in the Public Record Office (22 vols, London: HMSO, 191162)
CIM
Calendar of Inquisitions Miscellaneous (Chancery) (London: HMSO, 1916)
CIPM
Calendar of Inquisitions Post Mortem (London: HMSO 1898)
CLB
Calendars of Letter Books preserved among the Archives of the Corporation of the City of London, ed. Reginald Sharpe (12 vols, London: Corporation of the City of London, 18991912)
CLR
Calendar of the Liberate Rolls preserved in the Public Record Office. Henry III (6 vols, London: HMSO, 191684)
Cogg.
Coggeshall, Ralph de, Radulphi de Coggeshale Chronicon Anglicanum, ed. J. Stevenson (London: Longman, 1875)
Complete Peerage
Cokayne, George, The Complete Peerage of England, Scotland, Ireland, Great Britain and the United Kingdom (revised edn, 13 vols, London: St Catherines Press, 191059)
Cov.
Coventry, Walter de, Memoriale Walteri de Coventria, ed. W. Stubbs (2 vols, London: Longmans, 1872)
CP
The National Archives, class CP (Court of Common Pleas)
CPMR
Calendar of Plea and Memoranda Rolls Preserved Among the Archives of the Corporation of the City of London at the Guildhall AD 13231482, ed. A.H. Thomas (6 vols, Cambridge, 192661)
CPR
Calendar of Patent Rolls (London: HMSO, 1891)
CRR
Curia Regis Rolls preserved in the Public Record Office (London: HMSO, 1922)
Diceto
Diceto, Ralph de,
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