Thesis (M.A.)--Brigham Young University. Dept. of History. / Includes bibliographical references (leaves 160-164).

Marriage is a subject of great interest to the social historian. However, the marriage of the average medieval English villager is very poorly documented, as it bears little obvious relationship to the great affairs of state. Searching for information on such difficult subjects, many social historians have recently turned to legal records, learning to sift them for the intimate details of daily life. The Register of John Chandler, Dean of Salisbury 1404-17 preserves a rich variety of cases presented to the church courts of early fifteenth-century Salisbury. The questmen, selected from the most respectable men of each village, presented to the court stubborn sinners who had proved incorrigible by the methods of discipline available at lower levels. Most of these cases involved sexual irregularity of some sort, and most of these concerned marriage. This essay is divided into three parts. The historiography examines the work of ecclesiastical, legal and social historians over the last century, especially where the three merge, as when scholars use the records of church courts to write social history. The next two chapters discuss adultery and fornication in Chandler's register. Because of the large number of these cases, it was impractical to address each of them in detail. Thus these chapters rely on statistical analysis and use specific cases as illustrations. The following three chapters address disputed marriages, abandonment and "self-divorce", and marital abuse. Each of these subjects requires a discussion of background and definition of terms, therefore these chapters have longer introductory sections. However, there are few enough examples of these in the register that each can be discussed individually. The Register of John Chandler shows the Church struggling to control the institution of marriage as well as the spiritual lives of the villagers of Salisbury. To the extent that it succeed, it did so because it provided necessary order to the people of Salisbury and because they received it willingly. The average person obeyed the Church and its laws, more or less, but the Church was often unable to enforce its will on the powerful or the stubborn.

The aim of this thesis is to investigate the lives of men and women living in London and Bury St. Edmunds in the late fourteenth - early fifteenth centuries. Sources studied include the administrative and legal records of the City of London and of the Abbot and Convent of St. Edmund's abbey; legislation and court records of royal government and the wills and testaments of Londoners and Bury St. Edmunds' inhabitants. Considerable research on a wide range of topics on London, but far less work on Bury St. Edmunds, has already been undertaken; however, this thesis is the first systematic comparative study of these two towns. The introduction discusses the historiography and purpose of the thesis; the methodology used, and the shortcomings of using medieval wills and the probate process. Chapter One discusses the testamentary jurisdiction in both towns; who was involved in the will making process, and the role that clerics played as both executors and scribes and how the church courts operated. Chapter Two focuses on testators' preparations for the afterlife, their choices concerning burial location, funeral arrangements and the provisions made for prayers for their souls. Chapter Three examines in detail their pious and charitable bequests and investigates what ‘good works' testators chose to support apart from ‘forgotten tithes'. The family and household relationships, including servants and apprentices, are examined in Chapter Four, exploring the differences in bequests made depending on the testators' marital status, together with evidence for close friendships and social networks. Chapter Five discusses the ownership and types of books referred to in wills and the inter-relationship between the donors and the recipients. Testators' literacy and the provision for education are also investigated.

After a two-decade hiatus, the English church courts were revived by an act of Parliament on 27 July 1661, to resume their traditional task of correcting spiritual and moral misdemeanours. Soon thereafter, parishioners across England's dioceses once more faced admonition, fines, excommunication, and even imprisonment if they failed to conform to the laws of the restored Church of England. Whether they were successful or not in maintaining orthodoxy has been the principal question guiding historians interested in these tribunals, and most have concluded that, at least compared to their antebellum predecessors, the restored church courts constituted little more than a paper tiger, whose censures did little to halt the spread of dissent, partial conformity and immoral behaviour. This thesis will, in part, question such conclusions. Its main purpose, however, is to make a methodological intervention in the study of ecclesiastical court records. Rejecting Geoffrey Elton's assertion that these records represent 'the most strikingly repulsive relics of the past', it argues that a closer, more creative study of the bureaucratic processes maintaining the church courts can considerably enhance not only our understanding of these rather enigmatic tribunals but also of the individuals and communities who interacted with them. Studying those in charge of the courts, the first half of this thesis will explore the considerable friction between the Church's ministry and the salaried bureaucrats and lawyers permanently staffing the courts. This, it argues, has important ramifications for our understanding of early modern office-holding, but it also sheds new light on the theological disposition of the Restoration Church. Using the same sources, coupled with substantial consultation of contemporary polemic, letters and diaries, the fourth and fifth chapters will argue that the sanctions of the restored church courts were often far from the 'empty threat' historians have tended to assume. Excommunication in particular could be profoundly distressing even for such radical dissenters as the Quakers, and this should cause us to reconsider how individuals and communities from various hues of the denominational spectrum related to the established Church.