World of the Play: The History
After much political and religious unrest around the middle of the 17th century, Parliament voted to execute King Charles I on grounds of treason in 1649. The years that followed were known as "The Commonwealth" and "Protectorate" by some, but were called the "Interregnum" by all future English monarchs (illegitimizing it). The period of Interregnum lasted until 1660, when, after two years following Oliver Cromwell's death and his son's failed politics, the English decided it would be best to bring back the monarchy and King Charles II. Thus, the era known as the "Restoration" began, lasting from 1660 to the early 1700s.
The Interregnum period was ruled by Cromwell and his very strict Puritan followers. According to the beliefs of Puritanism, they banned all forms of entertainment, such as drinking, theatre, brothels, and so on. Rules were harsh and punishment was harsher. Religious toleration was not practiced. These eleven years were boring and difficult, and did not please the majority of the English.
Because of these severe restrictions, as well as Charles II's personal demeanor (as a result of having grown up in exile in France), once the monarchy was restored and the Puritan laws abolished, things in England became a little crazy. The Restoration was known for partying, lewdness, drinking, and really funny theatre. It was sort of a time of liberation from the oppression of the last decade and people wholeheartedly embraced it.
By the time this play was written, in 1707, Charles II had passed away, leaving the throne to Queen Anne Stuart. She was not quite as invested in the parties Charles II was known for, but nevertheless the Restoration continued for another several years - including the continuation of Restoration Comedy in theatrical texts- before eventually dying down to a normal state of being.
The Interregnum period was ruled by Cromwell and his very strict Puritan followers. According to the beliefs of Puritanism, they banned all forms of entertainment, such as drinking, theatre, brothels, and so on. Rules were harsh and punishment was harsher. Religious toleration was not practiced. These eleven years were boring and difficult, and did not please the majority of the English.
Because of these severe restrictions, as well as Charles II's personal demeanor (as a result of having grown up in exile in France), once the monarchy was restored and the Puritan laws abolished, things in England became a little crazy. The Restoration was known for partying, lewdness, drinking, and really funny theatre. It was sort of a time of liberation from the oppression of the last decade and people wholeheartedly embraced it.
By the time this play was written, in 1707, Charles II had passed away, leaving the throne to Queen Anne Stuart. She was not quite as invested in the parties Charles II was known for, but nevertheless the Restoration continued for another several years - including the continuation of Restoration Comedy in theatrical texts- before eventually dying down to a normal state of being.
Marriage Laws
Before 1753 Marriage Act
- women features as defendants in case for the enforcement of a contract
- women features as plaintiffs in cases to annul their own marriage after act
1753 Marriage Act [England and Wales]
- “Clandestine Marriage” = marriage celebrated in front of a clergyman
- Mandatory for a formal ceremony to validate a marriage
- However it was not until 19th century that any attempts to change the law
Throughout history
- Informal marriage & informal divorces
- Married by consent and dissolves if needed
Why?
- Easier to resolve
- Women can maintain their own property and ability. Married women were not allowed to own property or be financially involved. They were completely dependent on their husbands.
- Different sets of values: Testing fertility
- Formal marriage happened between people of wealth
- Divorce was easy for men but not for the women: ex) men could divorce their wives with the thought of the wives possibly cheating on them while women had to provide proof of wrong-doing
source: http://curioustendency.blogspot.com/2012/08/arranged-marriages-and-divorce-laws.html#.VTAE2BPF9lA
Divorce before 1858:
1. Divorce by Church
- Divorce from bed and board (a mensa et thoro, literally from table and hearth) which separated the parties but did not allow either to remarry during the lifetime of the other. It could be granted on grounds of life-threatening cruelty, or of adultery by the husband or the wife. The payment of alimony (means of support) to the woman might then be enforced through the civil courts.
- Divorce from the chain or bond of matrimony (a vincula matrimonii) which declared invalid the marriage itself and thus allowed either party to remarry. It could be granted if the marriage were not consummated within two years, for impotence, frigidity or lunacy, or if the marriage could be shown to be incestuous or bigamous, or carried out by force or in error, or, before 1753, if one of the parties lacked age and consent. These were ripe fields for argument and appeal if property was involved.
2. Divorce by State
- women features as defendants in case for the enforcement of a contract
- women features as plaintiffs in cases to annul their own marriage after act
1753 Marriage Act [England and Wales]
- “Clandestine Marriage” = marriage celebrated in front of a clergyman
- Mandatory for a formal ceremony to validate a marriage
- However it was not until 19th century that any attempts to change the law
Throughout history
- Informal marriage & informal divorces
- Married by consent and dissolves if needed
Why?
- Easier to resolve
- Women can maintain their own property and ability. Married women were not allowed to own property or be financially involved. They were completely dependent on their husbands.
- Different sets of values: Testing fertility
- Formal marriage happened between people of wealth
- Divorce was easy for men but not for the women: ex) men could divorce their wives with the thought of the wives possibly cheating on them while women had to provide proof of wrong-doing
source: http://curioustendency.blogspot.com/2012/08/arranged-marriages-and-divorce-laws.html#.VTAE2BPF9lA
Divorce before 1858:
1. Divorce by Church
- Divorce from bed and board (a mensa et thoro, literally from table and hearth) which separated the parties but did not allow either to remarry during the lifetime of the other. It could be granted on grounds of life-threatening cruelty, or of adultery by the husband or the wife. The payment of alimony (means of support) to the woman might then be enforced through the civil courts.
- Divorce from the chain or bond of matrimony (a vincula matrimonii) which declared invalid the marriage itself and thus allowed either party to remarry. It could be granted if the marriage were not consummated within two years, for impotence, frigidity or lunacy, or if the marriage could be shown to be incestuous or bigamous, or carried out by force or in error, or, before 1753, if one of the parties lacked age and consent. These were ripe fields for argument and appeal if property was involved.
2. Divorce by State