Early modern women in the English courts of law

Abstract

The recent publication of The Oxford handbook of English law and literature, 1500–1700 (2017) has put the field of early modern law and literature firmly on the map. Despite the growing attention to the importance of these intersecting fields in early modern England, however, working with legal records is still a daunting task for many literary scholars. The early modern legal system with its various, sometimes competing jurisdictions and numerous law courts presents, to many scholars, a difficulty to navigate maze. Particularly for those working on early modern women's literature, and women's studies more generally, this is unfortunate: The legal archives offer a wealth of records in manuscript form pertaining to the lives and narratives of early modern women from all ranks of society, including the poor and the illiterate. This article aims to offer a comprehensive overview of the early modern law courts and their records, outlining the way the law restrained women as well as the possibilities it offered them, alongside the ways women were able to navigate these restrictions and opportunities. In doing so, this article provides tools for scholars working with early modern legal records for the first time.