The Regulation of Sexuality in the Late Middle Ages: England and France

Abstract

Marital and family structures, together with the closely related areas of gender relations and attitudes to sexuality, constitute one area in which scholars have suggested medieval England clearly differs from other regions. It is always difficult to compare across regions when the nature of the evidence differs; but because marriage and sexual behavior were under the jurisdiction of the church courts and because the ecclesiastical court system used the same set of legal rules across Europe, one level of difficulty disappears from a comparison. Records from different regions reflect somewhat different procedures or penalties, based on local synodal statutes, but are more commensurable than records of the secular courts, which did not depend on a common set of rules. Basic principles of canon law were universally accepted in western Christendom: marriage was formed by the consent of the parties; marital promises followed by sexual intercourse created an indissoluble marriage; and any extramarital sexual activity by either a husband or a wife was adultery. An examination of church court records from late-medieval Paris compared with better-known records from England suggests that differences between England and northern France in the understanding of sexual behavior and the formation of unions, while they reflect different approaches, were still addressing fundamentally the same issues, and the demographic patterns may not have been as different as scholars have assumed.