Legal Treatises

The texts reproduced in facsimile in the three volumes of "Legal Treatises" reconstruct the legal status of the early modern Englishwoman. To facilitate a reading of the treatises by broadly defining many of the laws discussed in great detail in the treatises, a general introduction to the laws of the period provides concise overviews of the structure of the English legal system; the legal education of practitioners of the law; the kinds of legal literature produced in the period; and the legal position of early modern Englishwomen. A bibliography of important secondary scholarship devoted to the early modern Englishwoman's legal position assists the reader in obtaining more specialized knowledge. In addition to the general introduction, a separate introduction to each of the reproduced works is provided, including information about each work's publication and authorship, intended audience, content and reception. The second volume reproduces a significant legal treatise concerning married women, A Treatise of Feme Coverts: Or, The Lady's Law, 1st ed. (1732). Because "The Early Modern Englishwoman" series is devoted to the voices of women, the second volume also reproduces Hardships of the English Laws. In Relation to Wives (1735), the only known statement authored by a woman in the period that systematically analyzes and criticizes her legal position. Originally published in 1732, A Treatise of Feme Coverts appeared anonymously, and no attribution of authorship has been found. At 264 pages in length, it maps out the laws pertaining to every stage of a woman's life, beginning in her infancy and continuing through her marriage and widowhood, although its most detailed discussions pertain to the laws specific to the feme covert. It provides anecdotal examples that seem designed not only to inform but also to entertain the reader. Hardships of the English Laws was first published anonymously in 1735; it is now attributed to Sarah Chapone, for whom a brief biography is given. Her treatise represents one woman's response to the laws of coverture. While not seeking to place women on equal footing with men, she nevertheless advocates some bettering of women's legal position.