ABSTRACT

An unusual contract, reported in a mid 15th century treatise on judgments of love, gave rise to a curious litigation.1 The action was brought by a male petitioner against a woman defendant for breach of an amorous contract or alliance d’amours. The parties had entered into a formal agreement, publicly sworn and sealed with tears and kisses, declaring their mutual love and promising, amongst other things, that they would never have any other lovers. The petitioner pleaded that the woman defendant had broken that promise. His argument was a complicated and tenuous one. The greatest good of love, he claimed, was that of keeping the heart and affections of one’s lover. Every time a lover becomes distracted (est vaquant) or involves herself with pleasing others, it is to be taken as a sign that her heart is not entirely loyal and should not be wholly trusted. Despite her promise, the petitioner claimed, his lover had almost immediately begun to entertain other suitors and had accepted small gifts, amorous speeches and in some cases bouquets of flowers from other men. His argument was that the attention she had shown to other men through accepting visits and gifts was in breach of her promise of fidelity which in his view required that she accept gifts and attention only from him.