‘The Merry Widow’: Can it be accurately determined that for medieval women, widowhood might be considered a 'rebirth' as ascertained by Sheehan, 1996?

 ‘The Merry Widow’: Can it be accurately determined that for medieval women, widowhood might be considered a 'rebirth' as ascertained by Sheehan, 1996?

by Darcy R. Keim, MA

The assessment of widowhood as a “rebirth” remains highly disputed among medievalists and gender historians. To a degree, it may be argued that historiography perpetuates an idealistic narrative by which the medieval widow is released from patriarchal expectations. The original statement by medievalist, Michael M. Sheehan details this liberation; determining that medieval widowhood was the sole process by which women could be granted full legal and personal autonomy.

With the deaths of their husbands, the women representing the four lay groups suddenly sprang into full legal personality as expressed in the class to which they belonged. For those who had been married in their teens this was birth into a new kind of civil existence; for those who had married after a period of full adulthood, it was a rebirth.^[1]

A primary observation throughout examinations of medieval widowhood regards the influence to which a woman had on society after obtaining the role of difemme sole. It has been stressed that a widow encompassed the same societal roles as men; enacting as estate administrators and the financial head of their families.^[2] What this article will assess is the degree to which medieval widowhood ought to be determined as a “rebirth”. The methodology of which will be to examine [1] the legal benefits and disadvantages of widowhood, [2] a widow’s role within wider society, [3] variations in the experience of widowhood between aristocratic and peasant women, and [4] a comparative assessment between widows and men in medieval society.

Firstly, widowhood awarded women a degree of legal independence; as well as a level of financial security that would not have been available to them prior. Namely, this included rights to property and through this, further societal influence.^[3] To a degree, it may be argued that widowhood functioned as a form of liberation from prescribed gendered restrictions. Certainly, this is evidenced in the evolving legal rights for widows within the initial half of the thirteenth century. The Magna Carta determined the political, economic, and social standing of widowhood; cementing it as an independent role within medieval society.^[4] Namely, it constituted that widows held a right to their dower, opposed forced re-marriages, and noble widows were no longer required to pay fines to the king.^[5] The result of this systematic protection of widows is evident within legal records; to which women began to appear more frequently in the Close and Patent rolls within the thirteenth century.^[6] As such, it was hardly anomalous for widows to inherit their deceased husbands’ land-holdings; even though feudal tenure had been primogeniture. Albeit this, women’s developing role as landowners throughout the thirteenth and fourteenth centuries is apparent; particularly with regard to the statistics showcasing the amount of widows who had inherited - and kept - tenements.^[7] Notably, it was not uncommon for widow’s to inherit land that exceeded that of the heir.^[8] With regard to manorial sources, the villein widow would have obtained their property rights upon their husbands’ deaths.^[9] Importantly, the widow would have received “[...] life usage of the whole of the conjugal estate”.^[10] Another legal motivation to promote the autonomy of widows was jointure. Emerging after 1272, jointure determined that a husband had to re-enfeoff all or part of his land-holdings during the marriage.^[11] This would then be acquired legally upon the death of the husband. Despite social progress motivated by legal documents (such as the Magna Carta), tenement inheritance became more accessible to widows during the fourteenth century. The decrease in population during the Black Death presented widows with the opportunity to encompass influential roles within their community. Nonetheless, there is evidence to suggest that women had welcomed the independence offered by widowhood.^[12] Comparatively, the legal rights of a widow contrasted heavily to those of an unmarried woman or a wife. Women who remained unmarried held no autonomous influence; instead kept under the guardianship of either their father or an appointed guardian. As for wives, any inherited property was transferred to her husband. As a demographic, widows were perceived to be entirely autonomous under English common law.^[13] This is exemplified by the fact that women were able to buy, sell, and rent property, obtain legal representation, sue in court, and create wills.^[14] An additional factor was the widow's’ role in determining further inheritance. Despite patriarchal restrictions, widows were benefitted by a system where a status of inheritance took precedence over gender.^[15] Yet, this had not been the universal experience for widows across medieval Europe. The legal system of Italy, France, and Germany had been constructed to allow combinations of feudal and customary laws; unfortunately contributing to restrictions on widowhood.^[16] For example, the overall societal attitude toward Italian widows had been suspicion.^[17] Furthermore, an Italian widow had to “[...] retain the traditional 'tutor' in order to conduct business [...]”^[18] and would have “[...] experienced restrictions to her familial role.”^[19] Contrasting this was the experience had by widows within medieval France. The dower received by French women included one-half of the husband's’ property.^[20] Additionally, property had been a compulsory aspect of spousal inheritance.^[21] For this, French widows were considered to be far more legally supported than that of their English or Italian counterparts. However, it is imperative to acknowledge that widows - despite their autonomous position in society - remained restricted in areas on the basis of gender. Widows could not work within the legal and political system; including within the courts and parliament. ^[22] For this, women were not permitted to construct a public and professional image.^[23]  However, the impact they had within their community was largely driven as a result of their tenements. Naturally, this had been utilised to create a position of authority. An additional restrictive factor was the issue of wardship. Women were not automatically awarded guardianship of their issue.^[24] In many cases, wardship had to be purchased.

As prior ascertained, widows were able to ascend to notable positions within medieval society. As such, widows involved in running tenements was hardly unusual; particularly as it provided a significant source of income. This is exemplified by statistical evidence within the Lay Subsidy Rolls; demonstrating the amount of widows that had held full-size holdings. A notable observation is that many of these widows had been exceptionally young. Therefore, it is possible to theorise that the independence and security of widowhood outweighed the lack of opportunities found in marriage.^[25] The responsibility of land-ownership required the widow to act as lord over rental tenants, peasants, and villeins.^[26] Notably, tenants were not solely expected to pay rent but to also perform services.^[27] Indeed, this is highlighted by medievalist and gender historian, Linda E. Mitchell in her article, The Lady is a Lord: Noble Widows and Land in Thirteenth-Century Britain; to which she notes, “These responsibilities and reciprocal obligations were inherent in the land, not in the person holding the land.”^[28] In return, noble widows were expected to ensure justice, act as guardians to heirs, and allocate settlements to widows of tenants.^[29] The lack of dichotomy between gender and land-ownership is certainly exemplified throughout the late medieval period. It has been determined that interactions between tenants and landlords did not differ on the basis of gender.^[30] Moreover, it has been argued that widows were better suited to the role. An explanation for this is that it does not differ significantly from a woman’s marital duties; to which it was expected for a wife to maintain and ensure the upkeep of the husband’s household.^[31] With regards to the aforementioned legal rights, widows were permitted to present any issues in court. For example, if a tenant had not paid rent or performed services the widow was within legal support to take possession of the tenant’s plough, animals, or cattle.^[32] This is illustrated in the case of the widow of Hugh de Mortimer, Agatha. Due to a lack of payment, Agatha had sent two services to repossess “[...] three cows, three young bulls, and three horses from two tenants in her manor of Luton, Bedfordshire.”^[33] As a result of this, the tenants had proceeded to attack the two servants. During a court hearing, Agatha was awarded the animals and 40s. in damages.^[34] 

Nonetheless, widows did not solely function as landowners during this period. Certainly, women also inherited tenancies from their husbands. It has been summarised from manorial surveys that widows held 14.8 per cent of tenancies within Shropshire and the Welsh Marches.^[35] The number of female tenants in Thornbury had been higher than the national average.^[36] The focal point of Peter Franklin’s research in his piece, Peasant Widows' "Liberation" and Remarriage before the Black Death regards the social and financial standing of women along the Welsh border. Franklin’s findings remain highly demonstrative of the autonomical independence widows held within medieval society. This particularly evident in the statistical evidence provided concerning Thornbury, Shropshire, and the Welsh Marches: 

They formed 18 per cent of 1,327 taxpayers (roughly one in six); 17 per cent of villein tenants whose deaths were recorded before the plague; and a survey of eve of plague land-holding revealed 14 women among 100 villein tenants who died there during the following year, or one in seven. Of the second and third groups, respectively 75 and 86 per cent were certainly widows for their husbands or children are known.^[37]

To an extent, it may be argued that a woman’s role within society is less restrictive during widowhood. However, the statistical degree to which this has been determined ought to be questioned. Firstly, not all widows chose to hold tenements. Within Thornbury, only four widows are known to have accepted their tenement inheritance in the years 1328 to 1348.^[38] Secondly, there is evidence to suggest that widows would have found it difficult to employ male servants.^[39] In any case, there are numerous reasons as to why a widow would not accept their full dowry. A primary - and common - explanation is that widows would often allow the inheritance to pass onto their sons. Likewise, there are historians who have argued that widows would have received pressure from the family to allow the eldest son to inherit instead. Even so, there are far more legal entries involving widows taking up their holdings than sons during the late medieval period. Indeed, it is undeniable that the thirteenth and fourteenth century saw an increase in female tenants within rural society.^[40] For this, it was not entirely rare for widows to maintain their tenements until their death. Certainly, the strive for independence was deeply influenced by the lack of visibility and power enacted by women during this period. Unmarried women and married women appear infrequently within the court rolls in comparison to their male equivalents; determining that they held minimal legal support.^[41] A widow with land-holdings was able to function as an influential figure within the community. This is certainly emphasised by Franklin in his assessment of women’s involvement in medieval politics; stating that although leaders of peasant’s movements were more commonly male, there is well-documented evidence to determine women’s involvement in this area as well.^[42]

With regard to the assessment of widowhood as a “rebirth”, it is important to examine the differences in experiences between noble widows and widows of lower status. Even so both groups are systematically benefited through widowhood, there are undeniable differences in their social freedoms. An example of this is the fact that noble widows would have been offered wardship of their children’s lands and if fortunate, a position of guardianship by the king.^[43] Undoubtedly, noble widows held far more financial power than peasant widows. Comparatively, this is statistically illustrated by the amount of noble widows who were able to remain unmarried. The dower that a noble widow was able to obtain exceeded their financial and social standing beyond a low-status dowry. For example, the widowhood of Margaret de Lacy la Marshal. From her mother, Margaret had inherited the earldom of Lincoln.^[44] After the death of both husbands (John de Lacy in 1240 and Walter le Marshal, Earl of Pembroke and Lord Leinster in 1245), Margaret embodied her position as the Countess of Lincoln, controlled one-third of the Lacy lands and one-third of the Marshal estate inherited through her dower.^[45] Furthermore, her dower ensured that Margaret received whole counties.^[46] Through this, it is undeniable that Margaret had positioned herself as “[...] the financial head of her family.”^[47] In comparison, low-status widows may have had to enter service to obtain financial consistency. This is exemplified in an entry entitled, A Widow Entering Service, Marseilles, 15 April 1248.

I, Isabel, widow of Peter Olivani, in good faith and without any grief, place and give myself and my work to you, Niello Mora and Asbeline, husband and wife, to make a lodging with you and to do every service for you from the first of May coming up for two continuous and complete years, for the price of fifty solidi in mixed money current in Marseilles [...]^[48]

Nevertheless, there remains surviving documentation of low-status women acquiring notable marriages in medieval England. Even so it was uncommon, there existed low-status women who were able to experience financial and social ascension through a prosperous union. The case of Isabel de Mortimer in thirteenth century is illustrative of this. Isabel had not been an heiress; her brother was to inherit the family estates.^[49] For this, Isabel had been married to the frontier baronies of Clun and Oswestry and the earldom of Arundel.^[50]  The marriage had entitled her to a multitude of dower prospects; including Shrawardine manor and castle, a third of the issues produced by the markets, fairs, ale tax, the Oswestry borough courts and water mills.^[51] An additional factor was her inheritance of moorlands and woodland rights.^[52]  As a result of her financial limitations prior to the marriage, widowhood shaped Isabel’s life. It provided her with the opportunity to encompass an administrative position; managing the estates on behalf of the Crown until her second marriage 1285.^[53] Despite the dowry benefits noble women had received, their widowed status could often produce familial conflicts. It has been ascertained that noble widows within the thirteenth century kept economic distance from their family.^[54] An example of this is the legal case of Agnes de Vescy:

Agnes de Vescy, for example, lent her second son, William, a total of £215 18s. 8d. over a period of years which he apparently never repaid. She took him to court several times over the debt, but he always defaulted. Noble dowagers usually maintained their own households and carefully protected their interests, even when they granted lands to their children.^[55]

Even so noble women experienced autonomous independence through their widowhood, it had presented its own set of internal conflicts. For this, noble widows were highly protective of their financial prospects.

Nevertheless, the study of medieval widowhood must be examined within the patriarchal system to which it progressed and functioned. Although it may be argued that widows were permitted a far more independent and influential position in society, there is evidence to suggest this may not be entirely accurate. Arguably, women would have continued to experience gender-subordination despite their widowed status.^[56]  Firstly, it is difficult to ascertain whether the refusal of dower rights had been a result of harassment of the widow.^[57] Despite the legal support accessible to widows, the extent to which this had been abided to is questionable. Secondly, although widows were able to obtain legal representation it is evident that the treatment of women and men in court differed extensively. It is highly recognisable that there remained a distinct patriarchal onset regarding the treatment of widows in late medieval society. This is certainly evident in women’s visibility within the court rolls. The infrequency to which widows appeared within the court rolls suggests a limitation on their role within society.^[58] Within a patriarchal structure, widows would have been readily advised to remarry. This decision would have been motivated by the economic benefits for remarriage.^[59] Undoubtedly, seigneurial pressures also played a key role in a widow’s decision to remarry.^[60] Significantly, an increase in remarriages during the fourteenth century determine that the Black Death had an impact on the financial security of widows.^[61] Nonetheless, the repeated pattern for remarriages within the medieval period remains heavily disputed. For one, it is not possible to determine the frequency to which this occurred and whether this may have been a feature localised to specific areas or social ranks. In any case, an additional restriction for widows was the prescribed models of gendered behaviour. Typically, widows were not involved in public disputes regarding “pleas of trespass”, “pleas of debt”, and “pleas of broken contract.”^[62] It has been argued that the lack of redress from women had been due to level of violence aimed at women by male members within medieval society.^[63] An additional factor limiting widowhood had been the gendered imagery thrust upon women during this period. Notably, the religious iconography of the “holy widow” determined that widowhood ought to be a state of “spiritual bereavement”.^[64]  Through this, it is acknowledged that medieval widows were defaulted to fit within restrictive gendered narratives.

In summary, the line of argument subjecting medieval widowhood as a “rebirth” rejects nuanced assessments of the period. Moreover, this ideal ignores the extent to which patriarchal restrictions affected medieval widowhood. To a degree, it is rather simple - if not polarised - to regard the status of medieval widowhood as a form of “rebirth”. Notably, widowhood held legal and economic freedoms that had not been available to women prior. However, the enacting of these rights remained limited by the gendered subjugation of women. Despite this, it is argued that medieval widowhood ought to be determined as a “rebirth”. Primarily, it awarded women with autonomous independence. An additional factor was that widows were able to encompass influential roles within their community; such as through their work as landowners. Undoubtedly, women were disadvantaged by the legal and social system of the period; yet widows had succeeded in embodying roles afforded to men. Through this, it is notable that medieval widowhood provided women with a degree of liberation from prescribed gender-roles. For this, medieval widowhood had been designed - and occupied - as a status of “rebirth” by a large number of women during this period.

 

 

Bibliography

 

Primary

J. H. Pryor (ed.), ‘Business Contracts of Medieval Provence: Selected Notulae from the Cartulary of Giraud Amalric of Marseilles, 1248’, in Patricia Skinner and Elisabeth Van Houts (ed.) Medieval Writings on Secular Women, (London, 2011)

Secondary

Cavell, E., 'Aristocratic Widows and the Medieval Welsh Frontier: The Shrophshire Evidence: The Rees Davies Prize Essay', Transactions of the Royal Historical Society, Vol. 17, (Cambridge, 2007), p. 57-82

Clark, K., 'Purgatory, Punishment, and the Discourse of Holy Widowhood in the High and Later Middle Ages', Journal of the History of Sexuality, Vol. 16, No. 2, (2007), p. 169-203 

Franklin, P., 'Peasant Widows' "Liberation" and Remarriage before the Black Death", The Economic History Review, vol. 39 no. 2, (1986), p. 186-204

Gates, A. L., 'Widows, Property, and Remarriage: Lessons from Glastonbury's Deverill Manors', Albion: A Quarterly Journal Concerned with British Studies, Vol. 28 No. 1, (1996), p. 19-35 

Loengard, S. J., 'Legal History and the Medieval Englishwoman: A Fragmented View', Law and History Review, Vol. 4 No. 1, (1986), p. 161-178 

Mitchell, E. L., 'The Lady is a Lord: Noble Widows and Land in Thirteenth-Century Britain', Historical Reflections/Réflexions Historiques, Vol. 18, No. 1 (1992), p. 71-97

Sheehan, M. M., Marriage, Family and Law in Medieval Europe, (Toronto, 1996)

 

 

 

---

^[1] M. M. Sheehan, Marriage, Family and Law in Medieval Europe, (Toronto, 1996), p. 194

^[2] E, Cavell, 'Aristocratic Widows and the Medieval Welsh Frontier: The Shrophshire Evidence: The Rees Davies Prize Essay', Transactions of the Royal Historical Society, Vol. 17, (Cambridge, 2007), p. 59

^[3] L. E. Mitchell, 'The Lady is a Lord: Noble Widows and Land in Thirteenth-Century Britain', Historical Reflections/Réflexions Historiques, Vol. 18, No. 1 (1992), p. 80

^[4] Ibid. 81

^[5] L. E. Mitchell, 'The Lady is a Lord’, p. 81

^[6] Ibid. 84

^[7] P. Franklin, 'Peasant Widows' "Liberation" and Remarriage before the Black Death", The Economic History Review, vol. 39 no. 2, (1986), p. 186

^[8] L. E. Mitchell, 'The Lady is a Lord’, p.88

^[9] L. A. Gates, 'Widows, Property, and Remarriage: Lessons from Glastonbury's Deverill Manors', Albion: A Quarterly Journal Concerned with British Studies, Vol. 28 No. 1, (1996), p. 19

^[10] P. Franklin, 'Peasant Widows' "Liberation" and Remarriage before the Black Death", p. 186

^[11] L. E. Mitchell, 'The Lady is a Lord’, p. 81

^[12] P. Franklin, 'Peasant Widows' "Liberation" and Remarriage before the Black Death", p. 204

^[13] L. E. Mitchell, 'The Lady is a Lord’, p. 80

^[14] Ibid.

^[15] L. E. Mitchell, 'The Lady is a Lord: Noble Widows and Land in Thirteenth-Century Britain', Historical Reflections/Réflexions Historiques, Vol. 18, No. 1 (1992), p. 79

^[16] L. E. Mitchell, 'The Lady is a Lord’, p. 81

^[17] Ibid. 82

^[18] Ibid.

^[19] Ibid.

^[20] Ibid. 83

^[21] Ibid. 84

^[22] Ibid. 81

^[23] Ibid. 81-2

^[24] Ibid. 87

^[25] P. Franklin, 'Peasant Widows' "Liberation" and Remarriage before the Black Death", p. 202

^[26] L. E. Mitchell, 'The Lady is a Lord’, p. 92-3

^[27] Ibid.

^[28] L. E. Mitchell, 'The Lady is a Lord’, p. 92-3

^[29] Ibid. 97

^[30] Ibid. 93

^[31] Ibid.

^[32] Ibid. 93-4

^[33] Ibid. 94

^[34] Ibid.

^[35] P. Franklin, 'Peasant Widows' "Liberation" and Remarriage before the Black Death", p. 188

^[36] Ibid.

^[37] P. Franklin, 'Peasant Widows' "Liberation" and Remarriage before the Black Death", p. 188

^[38] Ibid. 190-91

^[39] Ibid. 194

^[40] Ibid. 189-90

^[41] Ibid. 195-96

^[42] Ibid. 197

^[43] L. E. Mitchell, 'The Lady is a Lord’, p. 90-1

^[44] L. E. Mitchell, 'The Lady is a Lord’, p. 87

^[45] Ibid.

^[46] Ibid.

^[47] Ibid.

^[48] J. H. Pryor (ed.), ‘Business Contracts of Medieval Provence: Selected Notulae from the Cartulary of Giraud Amalric of Marseilles, 1248’, in Patricia Skinner and Elisabeth Van Houts (ed.)  Medieval Writings on Secular Women, (London, 2011), p. 218

^[49] E, Cavell, 'Aristocratic Widows and the Medieval Welsh Frontier’, p. 75

^[50] Ibid.

^[51] Ibid. 76

^[52] Ibid.

^[53] E, Cavell, 'Aristocratic Widows and the Medieval Welsh Frontier’, p. 75

^[54] L. E. Mitchell, 'The Lady is a Lord’, p. 91-2

^[55] Ibid.

^[56] S.J. Loengard, 'Legal History and the Medieval Englishwoman: A Fragmented View', Law and History Review, Vol. 4 No. 1, (1986), p. 163

^[57] Ibid.

^[58] P. Franklin, 'Peasant Widows' "Liberation" and Remarriage before the Black Death", p. 196

^[59] Ibid. 197

^[60] Ibid. 186

^[61] L. A. Gates, 'Widows, Property, and Remarriage’, p. 21

^[62] P. Franklin, 'Peasant Widows' "Liberation" and Remarriage before the Black Death", p. 196

^[63] Ibid.

^[64] K. Clark, 'Purgatory, Punishment, and the Discourse of Holy Widowhood in the High and Later Middle Ages', Journal of the History of Sexuality, Vol. 16, No. 2, (2007), p. 177