Although there are analogues between Irish and Welsh sagas of elopement. the powerful self confident adult females depicted in these narrations do non stand for the existent adult females of Medieval Ireland and Wales. Proinsias Mac Cana has suggested that the dominant functions of Deirdre and Grainne in their several narratives ( Longes mac nUislenn and Toruigheacht Dhiarmada agus Ghrainne ) are ‘literary fluctuations on the example of the sovereignty goddess’ ( Doan. 1985: 90 ) .
Bitel ( 1996: 2 ) asserts that Celticists have been seduced by these dominant female characters sing them as representative of existent adult females with considerable power over work forces. a word picture which if true should be reflected in the jurisprudence tracts or ‘custom in action’ ( Stacey. 2002: 1107 ) . This paper will reason that the ecclesiastical and legal piece of lands of both Ireland and Wales offer many images of adult females. opinions about adult females. and ordinances for adult females.
They do non nevertheless present the stereotyped medieval adult female as the sovereignty goddess depicted in the secular sagas. Because adult females left no written records. we are dependent on male literature ( likely all of the texts written in early Ireland and Wales ) for a definition of adult female and her cultural function. These male writers wrote of adult females in: ‘saint’s lives ; poems ; sagas and myths ; gnomic texts ; histories ; histories ; family trees ; folk tales ; theological piece of lands ; and extended ecclesiastical piece of lands ; and secular laws’ ( Bitel. 1996: 12 ) .
Although these texts offer penetrations on adult females they must be viewed through the hermeneutical lens of the socio-historical context of the epoch in which they were written. Early medieval Ireland was a patriarchal society and a woman’s function and individuality was determined by patriarchal norms and conventions. The literati of this epoch did non specify adult female as an independent person. Women existed merely in relation to work forces and therefore their representation in literature was non wholly nonsubjective or harmonizing to Bitel consistent.
Tensions exist between assorted texts. The portraiture of adult females as ‘capricious beasts’ ( Bitel. 1995:137 ) presented in the 8th century wisdom text Tecosca Cormaic contrasts aggressively with the acknowledgment of a adult female as home-maker and married woman with limited resort to the jurisprudence depicted in Cain Lanamna or the jurisprudence of twosomes ( O Croinin. 1995: 127 ) . The bulk of the extant Irish jurisprudence books were composed between the 7th and 9th centuries.
At this phase the Irish literati were members of the aristocracy educated in cloistered communities. Many were monastics but this elect group besides included legal experts. historiographers. poets and narrative Tellers. Mc Cone has suggested that these learned elite produced literature for the monastery which was to a great extent influenced by Biblical texts ( Bitel. 1996: 14 ) . Donnchadh O Corrain. Liam Breatnach and Aidan Breen have argued that there exists a close connexion between ecclesiastical jurisprudence and Irish common jurisprudence ( Stacey. 2002: 1108 ) .
Stacey asserts that although the legal beginnings from Wales ( compiled in the twelfth and 13 centuries ) are subsequently than the Irish beginnings there is besides a important nexus between ‘legal. poetic and ecclesiastical learning’ ( 2002: 1108 ) . The Irish penitentiary books written between the 6th and the 9th centuries reveal struggle between the ideals of Christian leaders and the imposts of early Irish communities. These penitentials were designed as moral ushers for confessors in imputing repentance in the rite of confession ( Gula. 1989: 25 ) .
Harmonizing to Bitel. Christian clergy were captive on reassigning societal control of sex from the family group to the single Christian ( 1987: 67 ) . Fox concurs with Bitel. asseverating that by emancipating the person from the bonds of kin and household. the church was trying to cut down affinity to ‘its lowest common denominator [ the atomic household: the lowest affinity group that is compatible with reproduction ] while looking to back up basic affinity values’ ( 1993: 109-110 ) . The Clergy in advancing Christian morality for the person attempted to reorganise Early Irish society.
Harmonizing to Bitel. the blood-related group were influential in commanding sexual activity. This was necessary to guarantee the endurance of the community as an interdependent group. Archaeological grounds suggests that houses consisted of one room. This allowed for small single privateness and sex was a natural and seeable portion of household life. Illicit brushs had to take topographic point outside of the place. and even so they were monitored by the community. Any sort of sexual relationship that had to be conducted in secretiveness was considered unsafe.
The endurance and public assistance of the kin depended on societal stableness and this rule determined the attitude of the pre-Christian Irish toward gender. Sexual activity in itself nevertheless was non considered immoral. Celibacy was non portrayed as a virtuousness in the secular literature. Cu Chulainn’s sexual feats are recorded in the sagas ; nevertheless his insouciant brushs did non endanger the community ( Bitel. 1987: 70-71 ) . Bitel asserts that ‘the tenseness between single desire and community need had ever to be resolved in favor of the community’ ( 1987: 72 ) . and herefore matrimony was a contractual agreement determined non by love affair or love but by the necessity of bring forthing kids and the endurance of the kin group.
Woman’s generative capacities themselves are integrated into the economic life of the society. The image of adult female depicted in Cain Lanamna is a adult female whose societal emotional and economic orientation is directed towards the household and place. Early Irish Law. normally known as Brehon Law was a series of civil Torahs which governed every facet of day-to-day life including matrimony and divorce.
Marriage and divorce were interlinked by virtuousness of a contract agreed and a contract dissolved. Under the Brehon system. adult females were free to get married in one of nine ways. although the primary type of matrimony. lanamnas comthinchuir was the most common. Both spouses enter this matrimony with equal fiscal resources. In the 2nd type of matrimony. lanamnas for ferthinchur. the adult female contributes small or no fiscal assets to the matrimony. In the 3rd class. lanamnas for bantinchur. the adult female contributes the greater portion of the matrimony assets.
These three classs required formal pre-nuptial understandings. With the staying six types of matrimonial brotherhood ( including cohabitation with a adult female with household consent. voluntary run offing without household consent. voluntary abduction without household consent. illicit rendezvous. matrimony by colza and matrimony of two insane people ) matrimony entailed the premise of fiscal duty for kid raising ( O Croinin. 1995: 128 ) . Matching to the broad assortment of matrimonies recognized by jurisprudence. there were many evidences for divorce.
A adult female might disassociate a adult male who failed to fulfill her sexual demands because he was unfertile. impotent. bisexual or homosexual. In this case she was entitled to be paid her coibche in add-on to a mulct in compensation. A adult female could disassociate her hubby on the evidences of injudiciousness should he discourse confidant inside informations of their matrimony outside of the place. A adult female could besides disassociate her hubby should he abandon her either for the church or for a life on the route as he would no longer be in a place to keep her. Physical maltreatment was besides considered legitimate evidences for divorce.
Even if the original defect disappeared. a adult female was entitled to the equivalent of her bride monetary value as compensation. The Torahs are rather clear about the cogency of female testimony in affairs refering consummation of matrimony. This testimony is verified by a physical scrutiny of the adult female by female very important persons. In a instance where a adult female refuses her hubby his connubial rights either because of a job gestation or her catamenial rhythm. the jurisprudence regarded her expostulations as valid. A adult female could besides take to disassociate on evidences of unfaithfulness although excess matrimonial dealingss were recognized by jurisprudence ( O Croinin. 1995: 129 ) .
O Croinin suggests that in general footings many adult females were recognized by the jurisprudence in ‘their capacity as married womans and in their ain right as individuals’ ( 1995: 133 ) Law texts are clear that a woman’s rights in divorce are specific to each type of matrimony and related matrimony contract. Lanamnas Comthinchuir was regarded as the most common type of matrimony at this clip. It was a dignified province for the married woman. she was known as a be cuitchernsa. literally ‘a adult female of joint rule. a adult female of equal lordship’ ( O Croinin. 1995: 128 ) .
If this class of matrimony ended in divorce. the adult female received what she had ab initio contributed to the matrimony in add-on to a portion of the net income accrued from the couple’s joint activities during the matrimony period. O Croinin records that the division of belongings was in conformity with fixed proportions: ‘one 3rd went to the spouse who provided the land ; one tierce to the spouse who provided the stock ; and one tierce to the spouse who provided the labour’ ( 1995: 128 ) . This last proviso recognized the woman’s work in the place and on the farm.
The 2nd type of matrimony lanamnas for ferthinchur represented a different sort of divorce colony. Since the adult female provided neither land nor stock. she was entitled to half of her ain handicraft and one sixth of the dairy green goods in shop. If she had worked diligently on the farm and in the place she took one ninth of the maize and cured meat in shop. She besides received a poke of maize for a specified clip. Divorce in the 3rd class of matrimony. lanamnas for bantinchur. ensured that the adult female retained a life involvement in the farm.
She could non nevertheless reassign any rights to the estate to her kids. She could nevertheless get married one of the inheritors to the belongings and continue her children’s right to inherit. Although the Irish attorneies appealed to Scripture. peculiarly to Leviticus to warrant parallel cousin matrimonies. church jurisprudence declared parallel cousin matrimonies incestuous ( O Corrain. 1985 ) . The Welsh tractate ‘the Torahs of women’ contains regulations regulating matrimony and division of belongings in mediaeval Wales.
There are four editings of Welsh jurisprudence manuscripts: the Cyfnerth and the Blegywryd editings both derive from south Wales ; Iorwerth is classed as a north Wales editing ; and eventually the Latin manuscripts ( there are similarities between the Latin Torahs and the Welsh editings ) . Although the beginnings from Wales are dated to the twelfth and 13th centuries. adult females in the Welsh tractate like adult females in Cain Lanamna are portrayed as married womans and home-makers ( Roberts. 2008: 58-59 ) .
Stacey asserts that the most ‘striking’ transition of the ‘Laws of Women’ outlines the domestic and agricultural goods granted to each spouse in instances where the matrimony had lasted longer than seven old ages ( 2002: 1109 ) . This transition is common to each of the Welsh editings of the jurisprudence books and can besides be found in four of the five Latin digests. The twosome must split their ownerships every bit. the hogs become the belongings of the adult male and the adult female takes ownership of the sheep. If there are merely sheep and caprine animals. the sheep spell to the adult male and the caprine animals to the adult female.
The kids are besides divided between the twosome ‘two parts go to the male parent. the eldest and the youngest. and the center to the mother’ ( Stacey. 2002: 1111 ) . The division of family goods is itemised: all milk vass. except for one bucket and one dish becomes the belongings of the adult female. The adult male is entitled to all of the imbibing vass and the conundrum while the adult female is entitled to the screen. The adult male is entitled to the upper rock of the quern and the adult female to the lower rock. The bed apparels which cover the twosome becomes the belongings of the adult female while the apparels which they lay on belong to the adult male.
The adult male receives the caldron and the cover and the pillows from the bed together with the wood axe. colter and all the reaping hooks except for one which the adult female obtains. The adult female is granted the pan. the wide axe. the measure hook and all of the flax. flaxseed and wool. She besides receives the ploughshare. Any gold or Ag is divided every bit between the twosome. The adult male is entitled to the maize above and below the land. all of the biddies and one cat. The staying cats become the belongings of the adult female. The adult female receives the salt-cured meat but if it is hung it becomes the belongings of the adult male.
The adult female is besides granted as much flour as she can transport along with the cut meat and the partially used cheese. They each retain their ain apparels except for their cloaks which must be divided every bit. Any balls of wool in stock become the belongings of the boies ( Stacey. 2002: 1111 ) . Like Irish Marriage Law. the Welsh Laws of Women attempted to procure a step of fiscal independency for each spouse in the event of divorce
. Unlike Irish matrimony jurisprudence nevertheless which divided belongings harmonizing to specific matrimony contracts. some rovisions in the Welsh divorce jurisprudence appear unlogical. Jenkins suggests that the Welsh division of belongings on divorce. efforts to guarantee that each spouse has the necessary commissariats to last but he asserts that the division of the quern rocks is ‘curious’ since they can non be used independently ( Stacey. 2002: 1111 ) . Similarly the colter is granted to the adult male while the ploughshare is received by the adult female. Since both blades would hold been required for seting this division appears to do small logical or practical sense.
Stacey besides points out that the adult male receives all of the maize and biddies but merely one cat to protect them from varmint while the adult female receives the staying cats although she has no grain or biddies to protect ( Stacey. 2002: 1113-1116 ) . Welsh divorce jurisprudence does non look to be based on the wealth brought to the matrimony by each party or so on the position of the matrimony. In Irish Law the allotment of belongings is determined by both of these factors ( Stacey. 2002: 1113 ) . Stacey suggests that the division of belongings in a Welsh divorce is symbolic of the destructiveness of divorce and failed matrimony.
He asserts that this was a secular ‘homily’ on the improvident nature of divorce ( 2002: 1124 ) . Although the matrimony belongings is divided the adult female finally is disadvantaged because under Welsh Law. she has no claim to land and must be satisfied with portable goods. Although adult females under Welsh jurisprudence were afforded the chance to disassociate their hubbies due to his powerlessness. leprosy or bad breath ( Roberts. 2008: 63 ) . Nerys Patterson suggests that the adult female was further disadvantaged in the aftermath of matrimonial separation: female virginity was extremely valued and her loss of virginity would impact her opportunities of remarriage ( 2002: 1121 ) .
These mediaeval divorce Torahs clearly situate the adult female in the place. rise uping kids. cookery. whirling wool and working on the farm. It is alluring to see these Torahs as word pictures of a progressive classless society. nevertheless the political and societal worlds of a woman’s life suggest otherwise. A woman’s legal definition derived from that of her male parent. brother or her legal hubby. A legal piece of land on honour monetary value ( dire ) defined women’s legal and societal place ‘her male parent had charge over her when she is a miss. her hubby when she is a married woman. her boies when she is a [ widowed ] adult female with kids. . the Church when she is a adult female of the Church [ i. e. . a nun ] .
She is non capable of sale or purchase or contract or dealing without the mandate of one of her superiors’ ( Bitel. 1996: 8 ) . Harmonizing to Bitel. these lawfully and socially helpless adult females were the existent Medbs of mediaeval Ireland. When mensurating a woman’s position. the Torahs measured adult females against the legal norm of the free grownup male and as such a woman’s worth remained merely half that of her male defenders honour monetary value.
The Irish literati along with many medieval writers considered female organic structures as ‘less valuable transcripts of mens’ ( Bitel. 1996: 19 ) . This rule is reflected in the lone extant Irish medico-legal piece of lands viz. Bretha Crolige and Bretha Dein Checht which accorded adult females less medical attending and nutrient rations than work forces ( Bitel. 1996: 21 ) . Womans hence were considered physically and psychologically less than adult male. less than homo ( Bitel. 1996: 23 ) . The 9th century Triads text. Trecheng Breth Fene unveiled some basic premises about the nature of adult female.
The Triads suggested that ‘the three beads of a wedded woman’ were beads of blood ( a good married woman was a virgin at matrimony ) ; perspiration ; and cryings ( a good married woman should be willing to endure adversity to back up her hubby and kids ) . One of the three bad lucks of a adult male was suggesting matrimony to a bad adult female. Harmonizing to the Triads. adult females were their husband’s belongings and were akin to animate beings. ‘When a adult male loaned either a adult female or a Equus caballus. he had to anticipate it to be used by the borrower’ ( Bitel. 1996: 23 ) .
The wisdom text besides suggested that ‘like a cow’s bag. adult females through her uterus. was one of the three refinishers of the world’ ( Bitel. 1996: 24 ) . Another wisdom text Tecosca Cormaic suggested that adult females ‘should be feared like beasts’ because they were ‘capricious beasts’ ( Bitel. 1996: 24 ) . A woman’s physical features and birthrate hence were carnal like and undependable. The 8th or ninth-century wisdom text Senbriathra Fithail considered the features of ‘a good wife’ ( Bitel. 1996: 27 ) .
Reding his student Cormac mac Airt. Fithal ( a Druid ) asserted that a good adult female had ‘common sense. prudence. modestness. first-class Irish. daintiness. clemency. honestness. wisdom. pureness and intelligence’ ( Bitel. 1996: 28 ) . All of these properties harmonizing to Fithal were necessary for a adult female to go a desirable married woman. A bad married woman on the other manus was characterised by ‘wretchedness. stinginess. amour propre. garrulity. indolence. laziness. racketiness. hatefulness greed. sing. hooking. maintaining rendezvouss. lecherousness. folly and treachery’ ( Bitel. 1996: 28 ) .
Fithal asserted that it was possible to observe a woman’s character based on her physical visual aspect. He suggested that Cormac should avoid: ‘the fat short one’ ; ‘the slender short 1 with curving hair’ ; the just tall one’ ; ‘the dark-limbed. unwieldy one’ ; ‘the dun coloured xanthous one’ ; and ‘the slender prolific one who was obscene and jealous’ ( Bitel. 1996: 28 ) . Fithal determined that the worst married woman was a be cairn or a prostitute. A successful matrimony nevertheless could be assured by a brotherhood with the ‘tall. carnival. really slight ones’ ( Bitel. 1996: 28 ) .
Fithal admitted to Cormac nevertheless that the ideal adult female may non be and that most adult females had character defects. The writer of Tecosca Cormaic was inexorable that all adult females were ‘chronically dissatisfied. bad tempered. untrusty. wanton. manipulative. ambitious. greedy. chesty whiners’ ( Bitel. 1996: 29 ) . Bitel suggests that the existent job with adult females is that they were non work forces and the authors of the gnomic piece of lands could merely specify them by their many undefinable natures: they had similar physical organic structures to work forces but were non work forces ; they had generative features and dispositions similar to animate beings but were non animate beings.
The lone certainty appeared to be was that adult females must be controlled and her inferior place in society maintained ( Bitel. 1996: 30 ) . The authors of ecclesiastical canons suggested that adult females could merely be redeemed by denying their female features and their female gender. Bitel argues that canonists established a ‘gender hierarchy’ ( Bitel. 1996: 32 ) . Unlike the typologies found in secular and wisdom texts. the cannon scribes attributed a moral value to virginity and abstention.
Nuns were accorded a high moral value as were ‘widows who took the veil’ ( Bitel. 1996: 32 ) . Thomas O’ Loughlin suggests that the Collectio canonum hibernesis. a systematic aggregation of jurisprudence. codified certain patristic theories bring forthing an apprehension of matrimony ‘as a province secondary to virginity’ ( 1997: 188 ) . The canonists justify their place by citing Jerome who asserts that ‘virginity follows the lamb wherever he goes’ ( O’Loughlin. 1997: 192 ) .
Jerome expands on this subject proposing that ‘earth is populated by matrimony. so heaven is by virginity’ ( O’Loughlin. 1997: 192 ) . The implicit in construct is clear. virginity is exemplified and gender creates jobs. Harmonizing to O’Loughlin this rule was the footing of ecclesiastical thought on matrimony throughout the in-between ages and Jerome’s sentiment that sexual activity was ‘inferior and earthy’ in comparing to virginity which was ‘noble and superior’ has been held responsible for the cult of virginity and celibacy in the Latin church ( O’Loughlin. 1997: 193 ) .
Augustine besides considered gender unsafe but ( citing Paul in 1 Playboies 7 ) asserted that while celibacy was the coveted province. ‘lawful matrimony is to be preferred to firing with desire and fornication’ ( O’Loughlin. 1997: 193 ) . The dangers of gender therefore were to be contained within the establishment of matrimony. Although canonists admitted that churchmans could fall to sexual enticement. the general consensus was that adult females as the weaker sex were more likely to yield to sexual enticement.
