ABSTRACT

The texts reproduced in facsimile in the three volumes of 'Legal Treatises' reconstruct the legal status of the early modern Englishwoman. To facilitate a reading of the treatises by broadly defining many of the laws discussed in great detail in the treatises, a general introduction to the laws of the period provides concise overviews of the structure of the English legal system; the legal education of practitioners of the law; the kinds of legal literature produced in the period; and the legal position of early modern Englishwomen. A bibliography of important secondary scholarship devoted to the early modern Englishwoman's legal position assists the reader in obtaining more specialized knowledge. In addition to the general introduction, a separate introduction to each of the reproduced works is provided, including information about each work's publication and authorship, intended audience, content and reception. In order to provide this framework for the years 1600-1750, this first volume of 'Legal Treatises' reproduces The Lawes Resolutions of Womens Rights (1632), the first known treatise devoted to the legal rights of women. 'The Womans Lawyer,' as the treatise's running headline and spine title read, was published anonymously in 1632; the title page fails to identify the original author of the work, and its authorship remains in question today. At over 400 pages, the text represents a massive effort of consolidation, organizing the disparate and hitherto uncompiled aspects of the common law applicable to women into a logical framework. It is unusual among early modern legal treatises in its stated goal of providing a 'popular kind of instruction' to its readers.

part |451 pages

BARON and FEME: OR, A TREATISE of the LAW concerning HUSBANDS and WIVES

chapter I|6 pages

chapter II|4 pages

chapter III|17 pages

Of Bastardy

chapter IV|3 pages

Queen

chapter V|4 pages

Privileges of a Feme Covert

chapter VI|10 pages

chapter VII|7 pages

Trial of Marriage

chapter VIII|12 pages

Marriage, and the Consequence of it by Law

chapter IX|32 pages

chapter X|8 pages

Tenant by the Courtesy

chapter XI|50 pages

Dower

chapter XII|20 pages

Of Jointures

chapter XIII|22 pages

Of Fines and Recoveries

chapter XIV|10 pages

Attornment

chapter XV|15 pages

Remitter

chapter XVI|9 pages

Conveyances

chapter XVII|11 pages

Leases

chapter XVIII|6 pages

Wills

chapter XIX|8 pages

Rent, Reservation, Emblements

chapter XX|6 pages

Copyhold

chapter XXI|8 pages

Vide Will

chapter XXII|12 pages

chapter XXIII|18 pages

chapter XXIV|17 pages

chapter XXV|9 pages

Acions, Suits

chapter XXVI|41 pages

Joinder in Action

chapter XXVII|15 pages

chapter XXVIII|29 pages

chapter XXIX|15 pages

Declarations and Pleadings

chapter XXX|4 pages

Issue. Evidence. Trial. Verdict

chapter XXXI|7 pages

Judgment. Execution. Damages

chapter XXXII|11 pages

Of Divorce

chapter XXXIII|12 pages

Offences against the Statutes concerning Women