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Historians of early modern marriage have made much use of court records in uncovering the matrimonial difficulties of our ancestors.
Since the 1970s historians have been redressing the longstanding omission of women from virtually all types of history. We now know much more about women’s experiences in the past, both in their own right and as contributors to larger historical events, than had previously been the case.
In recent decades, the fields of women's and gender studies have rapidly expanded. In trying to understand women's roles in past societies, historians have paid particular attention to issues surrounding marriage, family, and the household.
The history of single women in pre-modern Europe has begun to attract a good amount of attention in the last decade. Thanks to historians such as Judith Bennett, Kim Phillips, Ruth Mazo Karras and P. J. P.
In The Origin of the Family, Private Property and the State (1884), Friedrich Engels posited a fundamental relationship between women’s property rights, on the one hand, and changes in the social and political spheres, on the other.
At the heart of this book is a surprisingly straightforward methodology: an examination of responses given by witnesses in church court cases to two questions designed to probe their reliability: what were they 'worth'? (that is, the value of their moveable goods with all their debts paid); and how did they maintain themselves?
Briony McDonagh estimates that over 10 per cent of land in Georgian Britain was owned by female landowners. Assuming her sample of 250,000 acres to be representative of broader patterns and trends, McDonagh surmises that ‘somewhere in excess of 3 million acres in England were owned by women in the later eighteenth century and more than 6 million acres in Great Britain as a whole’ (p. 27).
This well-crafted volume of ten essays is an important contribution to the growing body of research on women and law in England the pre-modern period. Each essay examines a different aspect of women’s interactions with the law (broadly defined and encompassing both secular and ecclesiastical courts) and, as suggested in the title, foregrounds their agency.