西班牙之旅

N. Romero-Díaz
{"title":"西班牙之旅","authors":"N. Romero-Díaz","doi":"10.1080/03612759.2023.2237260","DOIUrl":null,"url":null,"abstract":"several children with his last two wives, while legality of both unions remained questionable. The situation grew increasingly complex, with competing potential heirs and wives clamoring for financial support and settlements. As Ralph lay sick and dying, he created three separate and contradictory settlements to prepare for the potential outcomes of several pending lawsuits: one settlement if Elizabeth was found to be his lawful wife, another one for if the courts agreed that Ann was his wife, and one if neither were his wife. After Ralph’s death, another court decided that Ann’s annulment from John was faulty and reversed it. Elizabeth’s claim to be Ralph’s lawful wife was also rejected. Married three times and the father of at least ten children, Ralph died a bachelor without a single legitimate heir. In the complex but unfinished legal instruments Ralph had prepared, he did provide financial benefits and settlements via trusts for his many children and their mothers, so he did not entirely leave them out in the cold. These alternate agreements and methods provided common ways for Tudor men to provide for illegitimate offspring. Ralph’s brother – his legal heir – and two surviving wives(?), and their children, continued to fight over property in multiple lawsuits after Ralph’s death. In retelling the Rishton story, Poos expounds at length on sixteenth century practices the disputes reveal. When describing Ralph’s first marriage at the tender age of eight or nine, Poos provides an in-depth discussion about the history of child marriages, with a focus on the evidence from Lancashire. Agreeing with other scholars who have studied the phenomena in the northwest and providing an in-depth statistical analysis, Poos argues that while still not common, child marriages occurred more frequently in the Lancashire region than elsewhere and was a means for parents and relatives to make property agreements. Based on a comparative study of gentry marriage distances in Lancashire, Wiltshire, and Northamptonshire, Poos also concludes that the Lancashire gentry found marriage partners closer to home, creating a close-knit network of familial and financial connections. Poos also argues convincingly that the Lancashire gentry were not just very litigious, but remarkably adept at nimbly navigating the multi-layered legal systems and overlapping jurisdictions, skilled at shopping around for legal courts that may provide the most desirable outcomes, using the different levels of church, common law, and equity courts. Several persons involved in the Rishton disputes had legal training and were well versed in byzantine property law. Poos pays close attention to the procedural, linguistic, and administrative limitations of using court documents as evidence of individual voices and is careful to say what the records can tell us and what they leave out. He generously provides the reader with substantial quotes from the court records, especially from the multitude of witness depositions. The last chapter details how the story of the Rishtons lived on in local memory, was rescued by antiquarians from the late seventeenth through the early twentieth century and used and partially retold in papers and magazines producing local or regional historical vignettes in the twentieth. Ralph Rishton’s extraordinary marital career provides a very dramatic story of familial conflict. His marriages into three additional local gentry families dragged many more into the complex litigations that lasted for decades. Nevertheless, some of the drama dissipates while reading the book: it is sometimes difficult to get a grasp on the humans behind the lawsuits. This may be largely a result of the existing sources, which are almost exclusively court and estate records. Poos’s vast knowledge of the eleven different jurisdictions and courts that tried the cases related to the Rishton suits is impressive. He has unearthed every possible bit of evidence, and carefully and convincingly analyzes it, often elaborating even further in the substantial footnotes. He has provided the definite account of the legal turns of the Rishton family. Given that many of the cases deals with contested marriages, potential adultery, and illegitimate children, the book could have benefited from a more extensive analysis of gender. The book will be instructive for historians and students interested in family, social, and legal history in early modern England. Readers who are not knowledgeable in Tudor property law, or the details of legal procedures, might find portions of Poos’s text difficult to follow. The book might have been more accessible if Poos could have translated some of those sections for non-expert readers. It is important to be precise in terminology, naturally, but ending sections of complex legal discussion with a couple of sentences summarizing the meaning for non-experts would have been useful.","PeriodicalId":220055,"journal":{"name":"History: Reviews of New Books","volume":"252 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Travels into Spain\",\"authors\":\"N. Romero-Díaz\",\"doi\":\"10.1080/03612759.2023.2237260\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"several children with his last two wives, while legality of both unions remained questionable. The situation grew increasingly complex, with competing potential heirs and wives clamoring for financial support and settlements. As Ralph lay sick and dying, he created three separate and contradictory settlements to prepare for the potential outcomes of several pending lawsuits: one settlement if Elizabeth was found to be his lawful wife, another one for if the courts agreed that Ann was his wife, and one if neither were his wife. After Ralph’s death, another court decided that Ann’s annulment from John was faulty and reversed it. Elizabeth’s claim to be Ralph’s lawful wife was also rejected. Married three times and the father of at least ten children, Ralph died a bachelor without a single legitimate heir. In the complex but unfinished legal instruments Ralph had prepared, he did provide financial benefits and settlements via trusts for his many children and their mothers, so he did not entirely leave them out in the cold. These alternate agreements and methods provided common ways for Tudor men to provide for illegitimate offspring. Ralph’s brother – his legal heir – and two surviving wives(?), and their children, continued to fight over property in multiple lawsuits after Ralph’s death. In retelling the Rishton story, Poos expounds at length on sixteenth century practices the disputes reveal. When describing Ralph’s first marriage at the tender age of eight or nine, Poos provides an in-depth discussion about the history of child marriages, with a focus on the evidence from Lancashire. Agreeing with other scholars who have studied the phenomena in the northwest and providing an in-depth statistical analysis, Poos argues that while still not common, child marriages occurred more frequently in the Lancashire region than elsewhere and was a means for parents and relatives to make property agreements. Based on a comparative study of gentry marriage distances in Lancashire, Wiltshire, and Northamptonshire, Poos also concludes that the Lancashire gentry found marriage partners closer to home, creating a close-knit network of familial and financial connections. Poos also argues convincingly that the Lancashire gentry were not just very litigious, but remarkably adept at nimbly navigating the multi-layered legal systems and overlapping jurisdictions, skilled at shopping around for legal courts that may provide the most desirable outcomes, using the different levels of church, common law, and equity courts. Several persons involved in the Rishton disputes had legal training and were well versed in byzantine property law. Poos pays close attention to the procedural, linguistic, and administrative limitations of using court documents as evidence of individual voices and is careful to say what the records can tell us and what they leave out. He generously provides the reader with substantial quotes from the court records, especially from the multitude of witness depositions. The last chapter details how the story of the Rishtons lived on in local memory, was rescued by antiquarians from the late seventeenth through the early twentieth century and used and partially retold in papers and magazines producing local or regional historical vignettes in the twentieth. Ralph Rishton’s extraordinary marital career provides a very dramatic story of familial conflict. His marriages into three additional local gentry families dragged many more into the complex litigations that lasted for decades. Nevertheless, some of the drama dissipates while reading the book: it is sometimes difficult to get a grasp on the humans behind the lawsuits. This may be largely a result of the existing sources, which are almost exclusively court and estate records. Poos’s vast knowledge of the eleven different jurisdictions and courts that tried the cases related to the Rishton suits is impressive. He has unearthed every possible bit of evidence, and carefully and convincingly analyzes it, often elaborating even further in the substantial footnotes. He has provided the definite account of the legal turns of the Rishton family. Given that many of the cases deals with contested marriages, potential adultery, and illegitimate children, the book could have benefited from a more extensive analysis of gender. The book will be instructive for historians and students interested in family, social, and legal history in early modern England. Readers who are not knowledgeable in Tudor property law, or the details of legal procedures, might find portions of Poos’s text difficult to follow. The book might have been more accessible if Poos could have translated some of those sections for non-expert readers. It is important to be precise in terminology, naturally, but ending sections of complex legal discussion with a couple of sentences summarizing the meaning for non-experts would have been useful.\",\"PeriodicalId\":220055,\"journal\":{\"name\":\"History: Reviews of New Books\",\"volume\":\"252 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-08-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"History: Reviews of New Books\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/03612759.2023.2237260\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"History: Reviews of New Books","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/03612759.2023.2237260","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1

摘要

他与前两个妻子有几个孩子,但这两个婚姻的合法性仍然值得怀疑。情况变得越来越复杂,竞争的潜在继承人和妻子吵着要经济支持和财产分配。当拉尔夫病危躺在床上时,他制定了三个独立且相互矛盾的解决方案,为几起未决诉讼的潜在结果做准备:如果伊丽莎白被发现是他的合法妻子,另一个是如果法院同意安是他的妻子,还有一个是如果他的妻子都不是他的妻子。拉尔夫死后,另一家法院裁定安与约翰的婚姻无效是错误的,并撤销了这一判决。伊丽莎白作为拉尔夫合法妻子的要求也被拒绝了。拉尔夫结过三次婚,是至少十个孩子的父亲,死时单身,没有一个合法继承人。在拉尔夫准备的复杂但尚未完成的法律文书中,他确实通过信托为他的许多孩子和他们的母亲提供了经济利益和和解,所以他并没有完全把他们放在一边。这些交替的协议和方法为都铎王朝的男性提供了共同的方式来抚养私生子。拉尔夫的弟弟——他的法定继承人——和两个幸存的妻子(?),以及他们的孩子,在拉尔夫死后继续在多起诉讼中争夺财产。在复述里斯顿的故事时,普斯详细地阐述了这些争议所揭示的16世纪的做法。在描述拉尔夫八、九岁时的第一次婚姻时,普斯对童婚的历史进行了深入的讨论,重点是兰开夏郡的证据。普斯同意其他研究西北地区童婚现象的学者的观点,并提供了深入的统计分析,他认为,尽管童婚还不普遍,但在兰开夏郡地区,童婚比其他地方发生得更频繁,是父母和亲戚达成财产协议的一种手段。在对兰开夏郡、威尔特郡和北安普顿郡的贵族婚姻距离进行比较研究的基础上,普斯还得出结论,兰开夏郡的贵族们会在离家更近的地方找到结婚对象,从而建立起一个紧密的家庭和经济联系网络。普斯还令人信服地指出,兰开夏郡的绅士们不仅非常爱打官司,而且非常善于灵活地驾驭多层次的法律体系和重叠的司法管辖区,善于在不同级别的教会法院、普通法法院和衡平法法院中寻找可能提供最理想结果的法院。参与里斯顿纠纷的几个人受过法律训练,精通拜占庭物权法。普斯密切关注使用法庭文件作为个人声音证据的程序、语言和行政限制,并小心地说明这些记录可以告诉我们什么,以及它们遗漏了什么。他慷慨地为读者引用了大量的法庭记录,尤其是大量证人的证词。最后一章详细描述了里斯顿一家的故事是如何在当地的记忆中流传下来的,从17世纪末到20世纪初,这些故事被古物学家拯救出来,并在20世纪的报纸和杂志上被使用和部分复述,这些报纸和杂志制作了当地或地区的历史小插图。拉尔夫·里斯顿非凡的婚姻生涯提供了一个非常戏剧性的家庭冲突故事。他与另外三个当地贵族家庭的联姻,将更多的人拖入了持续数十年的复杂诉讼中。然而,在阅读这本书的过程中,一些戏剧性的情节消失了:有时很难理解诉讼背后的人性。这在很大程度上可能是现有资料来源的结果,这些资料来源几乎完全是法庭和遗产记录。普斯对11个不同司法管辖区和审理与里斯顿案相关案件的法院的渊博知识令人印象深刻。他挖掘了每一个可能的证据,并仔细而令人信服地分析了它,经常在大量的脚注中进一步阐述。他对利什顿家族的法律转折作了明确的叙述。考虑到许多案例涉及有争议的婚姻、潜在的通奸和私生子,这本书本可以从更广泛的性别分析中受益。这本书对对近代早期英国的家庭、社会和法律历史感兴趣的历史学家和学生将有指导意义。不了解都铎物权法或法律程序细节的读者可能会发现普斯的部分文字难以理解。如果Poos能为非专业读者翻译其中的一些章节,这本书可能会更容易理解。当然,在术语上保持精确是很重要的,但在复杂的法律讨论部分结束时,用几句话总结一下非专家的意思会很有用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Travels into Spain
several children with his last two wives, while legality of both unions remained questionable. The situation grew increasingly complex, with competing potential heirs and wives clamoring for financial support and settlements. As Ralph lay sick and dying, he created three separate and contradictory settlements to prepare for the potential outcomes of several pending lawsuits: one settlement if Elizabeth was found to be his lawful wife, another one for if the courts agreed that Ann was his wife, and one if neither were his wife. After Ralph’s death, another court decided that Ann’s annulment from John was faulty and reversed it. Elizabeth’s claim to be Ralph’s lawful wife was also rejected. Married three times and the father of at least ten children, Ralph died a bachelor without a single legitimate heir. In the complex but unfinished legal instruments Ralph had prepared, he did provide financial benefits and settlements via trusts for his many children and their mothers, so he did not entirely leave them out in the cold. These alternate agreements and methods provided common ways for Tudor men to provide for illegitimate offspring. Ralph’s brother – his legal heir – and two surviving wives(?), and their children, continued to fight over property in multiple lawsuits after Ralph’s death. In retelling the Rishton story, Poos expounds at length on sixteenth century practices the disputes reveal. When describing Ralph’s first marriage at the tender age of eight or nine, Poos provides an in-depth discussion about the history of child marriages, with a focus on the evidence from Lancashire. Agreeing with other scholars who have studied the phenomena in the northwest and providing an in-depth statistical analysis, Poos argues that while still not common, child marriages occurred more frequently in the Lancashire region than elsewhere and was a means for parents and relatives to make property agreements. Based on a comparative study of gentry marriage distances in Lancashire, Wiltshire, and Northamptonshire, Poos also concludes that the Lancashire gentry found marriage partners closer to home, creating a close-knit network of familial and financial connections. Poos also argues convincingly that the Lancashire gentry were not just very litigious, but remarkably adept at nimbly navigating the multi-layered legal systems and overlapping jurisdictions, skilled at shopping around for legal courts that may provide the most desirable outcomes, using the different levels of church, common law, and equity courts. Several persons involved in the Rishton disputes had legal training and were well versed in byzantine property law. Poos pays close attention to the procedural, linguistic, and administrative limitations of using court documents as evidence of individual voices and is careful to say what the records can tell us and what they leave out. He generously provides the reader with substantial quotes from the court records, especially from the multitude of witness depositions. The last chapter details how the story of the Rishtons lived on in local memory, was rescued by antiquarians from the late seventeenth through the early twentieth century and used and partially retold in papers and magazines producing local or regional historical vignettes in the twentieth. Ralph Rishton’s extraordinary marital career provides a very dramatic story of familial conflict. His marriages into three additional local gentry families dragged many more into the complex litigations that lasted for decades. Nevertheless, some of the drama dissipates while reading the book: it is sometimes difficult to get a grasp on the humans behind the lawsuits. This may be largely a result of the existing sources, which are almost exclusively court and estate records. Poos’s vast knowledge of the eleven different jurisdictions and courts that tried the cases related to the Rishton suits is impressive. He has unearthed every possible bit of evidence, and carefully and convincingly analyzes it, often elaborating even further in the substantial footnotes. He has provided the definite account of the legal turns of the Rishton family. Given that many of the cases deals with contested marriages, potential adultery, and illegitimate children, the book could have benefited from a more extensive analysis of gender. The book will be instructive for historians and students interested in family, social, and legal history in early modern England. Readers who are not knowledgeable in Tudor property law, or the details of legal procedures, might find portions of Poos’s text difficult to follow. The book might have been more accessible if Poos could have translated some of those sections for non-expert readers. It is important to be precise in terminology, naturally, but ending sections of complex legal discussion with a couple of sentences summarizing the meaning for non-experts would have been useful.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信