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Jenny Roth Phd Thesis LAW, GENDER AND CULTURE : REPRESENTATIONS OF THE FEMALE LEGAL SUBJECT IN SELECTED JACOBEAN TEXTS Jenny Roth A Thesis Submitted for the Degree of PhD at the University of St Andrews 2003 Full metadata for this item is available in St Andrews Research Repository at: http://research-repository.st-andrews.ac.uk/ Please use this identifier to cite or link to this item: http://hdl.handle.net/10023/14658 This item is protected by original copyright LAW, GENDER AND CULTURE: REPRESENTATIONS OF THE FEMALE LEGAL SUBJECT IN SELECTED JACOBEAN TEXTS Jenny Roth A thesis submitted in fulfillment of the requirements of the degree of Doctor of Philosophy at the University of St Andrews, November 29, 2002. ProQuest Number: 10171011 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest. ProQuest 10171011 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 Declarations (i) I, , hereby certify that this thesis, which is approximately 1 ? . words in length, has been written by me, that it is the record of work carried out by me and that it has not been submitted in any previous application for a higher degree. date . signature of candidate (ii) I was admitted as a research student in and as a candidate for the degree of . in . ., and transferred to the degree of . in . ..............; the higher study for which this a record was carried out in the University of St. Andrews between t. and . signature of candidate (iii) I hereby certify that the candidate has fulfilled the conditions of the Resolution and Regulations appropriate for the degree of..................................... in the University of St. Andrews and that the candidate is qualified to submit this thesis in application for that degree. date ].(oJ. [ .O .^signature of supervisor. pO A vr\ v^> In submitting this thesis to the University of St. Andrews I understand that I am giving permission for it to be made available for use in accordance with the regulations of the University Library for the time being in force, subject to any copyright vested in the work not being affected thereby. I also understand that the title and abstract will be published, and that a copy of the work may be made and supplied to any bona fide library or research worker. date . I.14 .A < signature of candidate^ Abstract This thesis addresses some of the extant gaps in law and literature criticism using an historical cultural criticism of law and literature that focuses on the Jacobean female legal subject in cases of divorce and adultery. It examines the intellectual milieu that constructs law and literature in this period to contribute to research on female subject formation, and looks specifically at how literature and law work to construct identity. This thesis asks what views Jacobean literature presents of the female legal subject, and what do those views reveal about identity and gender construction? Chapter one offers some essential historical contexts. It establishes the jurisprudential conditions of the period, defines the ideal female legal subject, touches on recent historical scholarship regarding women and law, explores how literature reveals law’s artificiality, and links the Inns of Court to the theatres. Chapter two focuses on women and divorce. The first sections discuss the theology and ideology which impacted on divorce law. The latter sections examine Elizabeth Cary’s Tragedy of Mariam, ca. 1609, and two manuscript accounts of Frances Howard’s 1613 divorce trial, William Terracae’s poem, A Plenarie Satisfaction, ca. 1613, and The True Tragi-Comedie Formarly Acted at Court, a play by Francis Osborne, 1635. These texts reveal the legal construction and frustrations of married women, and illustrate a gendered divide in attitudes towards women’s legal position. Chapter three examines women and adultery law. It then juxtaposes representations of women justly accused of adultery, like the real-life Alice Clarke, and the fictional Isabella in John Marston’s The Insatiate Countess, 1613, and unjustly accused, like the virtuous wives in Marston’s play. This chapter reveals how male anxiety creates the stereotypes that constrain the female legal subject within systems of patrilineal inheritance. As a whole, this thesis uses literature to explore the Jacobean female legal subject’s relationship to her husband and to the law, and, in some cases, it challenges the assumption that women were effectively constrained by legal dictates which would keep them chaste, silent and submissive. Literature, in some cases, works alongside law to sustain constructed identities, but radical literature can undermine law by challenging the stereotypes and identities law works to maintain. Contents Introduction. Law, Literature and the Female Legal Subject p. 10 I. Cultural Criticism of the Law: Jurisprudential Entertainment or Subject-Forming Discourse? The Newest Branch of Law and Literature p. 12 II. The Legal Subject: Law as Representation and Social Control p. 19 III. The Literary Subject: Possibilities and Pressures in Representations of the Legal Subject p. 23 IV. The Female Legal Subject p. 27 Chapter One. Jurisprudence, the Female Legal Subject and Legal Drama in a Jacobean Framework P- 32 I. Nature, God and the King: The Jurisprudence of Natural Law, Divine Law and Positive Law p. 34 IA. Natural Law p. 36 IB. Divine Law p. 38 IC. Positive Law p. 44 ID. Conclusion: Women in Shifting Jurisprudences p. 49 II. Constructing the Jacobean Female Legal Subject p. 52 IIA. Authority, Power and Women’s Legal Position: The Cases of Lady Allan and Sara Gough p. 53 IIB. The Lawes Resolutions of Womens Rights: Women in the English Courts p. 59 IIC. Dangers of Female Litigation: The Honestie of this Age and The Parlament of Women p. 70 IID. Conclusion: The World of Jacobean Women’s Litigation p. 75 III. Imaginary and Legal Realities: Dangerous Representations, the Inns of Court, and the Female Audience p. 77 III A. Alternate Realities Dangerously Imagined: Early-Modern Perceptions of Representation p. 78 IIIB. The Inns of Court and the London Playhouses: Lawyers, Playwrights and Legal Drama p. 85 IIIC. Conclusion: Representational Role-Models and Female Audience-Members p. 90 IV. The Shifting Context of the Jacobean Female Legal Subject p. 94 Chapter Two. Unnatural Division and Uncivil Destruction: Divorce Law and the Represented Female Legal Subject p. 96 I. In the Beginning, God Created Marriage p. 109 IA. Eve the Wife p. 110 IB. Conjoined Organisms: People and Plants p. 113 IC. The Sacred Marriage Between Christ and his Church p. 116 ID. Theology of Divorce p. 120 II. Family and State: Natural Political Ideology and the Social Responsibilities of Wives in Early-Modern England p. 126 IIA. The Little Commonwealth p. 126 IIB. The Lieutenant Wife p. 129 III. Destroying the Whole: Effects of Theory on Divorce Law p. 134 III A. Problems with Jurisdiction: The Canons and the Statutes p. 138 IIIB. Thwarted Reform: The Reformatio Legum Ecclesiasticarum and Women’s Marriage Rights p. 141 IIIC. The Wife Forever: Divorce Constraints on the Female Legal Subject p. 144 IV. Mariam, Salome and Doris: Reading the Female Legal Subject p. 147 IVA. Mariam’s Hubris: Legal Discourse and the Perfect Wife p. 153 IVB. Salome the Temptress: Vilifying the Legally Active Woman p. 173 IVC. Divorced Doris: Subjective Difficulties and the Ex-Wife p. 188 IVD. Conclusion: Divorce Reform and the Female Legal Subject p. 196 V. “When / Women Give Now Their Bills, and Plea Gainst Men:” The Literary Construction of Frances Howard p. 199 VA. Ambiguous Innocence: Defending Frances Howard p. 204 VB. Family-as-State, Woman-as-Devil: Denigrating Frances Howard p. 219 VC. Conclusion: Howard Constrained p. 232 VI. The Textual Interaction of the Female Legal Subject with Divorce Law in Jacobean England p. 233 Chapter Three. Adulterated Marriage: The Female Legal Subject, Infidelity and Court Practice in Early-Modern P- 237 England I. Thou Shalt Not: Adulterers v. Adulteresses in Theology and the Canon Law p. 250 II. Challenging the Canon Law: Social Attitudes Towards Adultery and Adulteresses in Early-Modern England p. 258 IIA. Eve and Adultery: Theology and the Constructions of the Adulteress’ Precedent p. 260 IIB. Insatiate Wives and Jealous Husbands: Cuckoldry and Constraint p. 263 IIC. Patrilineal Succession and the Good of the Commonwealth p. 269 IID. Conclusion: Legal Impacts of Social Constructs p. 272 III. Innocent or Guilty? Adultery and the Female Legal Subject p. 275 III A. Murdering Female Agency: the Case of Alice Clarke p. 275 IIIB. Adultery, Female Stereotypes and the Courts: The Insatiate Countess of Swevia and the Virtuous Wives of Venice p. 284 IIIC. Conclusion: The Adulterous Woman p. 318 IV. Gender, Adultery Law, and Representations of the Female Legal p. 321 Subject in Early-Modern England Conclusion. Culture, Identity and Gender in Selected Jacobean Law and Literature P- 327 Appendix. Selected Transcriptions from The Lawes Resolutions of Womens Rights: Or, The Lawes Provision for Woemen P- 336 Bibliography p. 360
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