- Divorce in the modern sense of the word did not exist in the medieval world. Although the term is used throughout the records in E135, what it actually meant here was an annulment which declared the marriage invalid.
Under medieval Church law, there were only a few, very specific reasons which could allow men and women to ask for a divorce. These included:
where one party had a pre-contract of marriage with another individual
there was a blood or spiritual relation between the individuals, for example a godparent
impotence
the use of force or fear to obtain consent
the carrying out of a crime (usually adultery)
marrying a minor
clandestine marriages
marriages entered into under false pretences
The earliest case which survives in the E135 series is the divorce for Gilbert de Clare (1243-95), known as Gilbert the Red, seventh earl of Gloucester and sixth earl of Hereford, and Alice de Clare (formally Alice de la Marche).
By 1267 Alice had become estranged from her husband and in 1271 she made an appeal for divorce.
Although the exact reason for this estrangement was not specified, it was rumoured that Edward I had an amorous interest in Alice, possibly suggesting the two of them had an affair. This may have contributed to the couple's formal separation in 1271 and certainly deepened mistrust between the king and Gilbert.
There are two documents concerning this case within the series and William de Waldern, a clerk at the court, was the notary for both.
The first document (E135/7/1) is the appeal made by Alice against her husband for the divorce, and the second document, produced later in 1271 (E135/7/2) is another appeal made on Alice's behalf to the court, as it appears that she has not been kept informed of her case's progress.
The case was not fully resolved until over a decade later when in 1285 a divorce was finally granted. Gilbert was then given permission by the pope to marry Princess Joan of Acre, Edward I's second surviving daughter, in 1290. Despite his formal separation from his first wife, Gilbert made provisions for Alice following their divorce in light of her noble heritage. However, he disinherited the two daughters he had with her in order to secure his royal marriage to Joan.
|
Centuries Past
1243 - 1295 (52 years)
d. 1337 (Age 44 years)