Although
Good Faith is based largely on legal
records, it is not a legal history. The
book is a great example of how, by looking at daily life and experience (like
in A Midwife’s Tale), we can learn
about and better understand complex institutions and social customs / processes. In Good
Faith, as in the works this semester by Davis and Ginzburg, the lives of
lesser known people (who probably would never have been known) are well documented
in the court cases that were argued, in this case, before Spain’s Council of
the Indies. One of the key questions at the
heart of this book by Cook and Cook is the question of whether or not an unconsummated
marriage constituted a legal marriage.
Or, more simply, what in particular constituted a marriage at all?
There is great detail of Francisco Nogeurol
de Ulloa’s life on both sides of the Atlantic, and good portraits emerge of the
women in Francisco’s life, all of whom appear as strong willed individuals with
their own personal agendas and (seemingly) the resources to implement
them. For example, Beatriz never fully
accepted the invalidation of her marriage.
She lived quietly until she heard of Francisco’s death in 1581, at which
time she successfully appealed the ruling against the validity of her marriage. She then filed suit to demand half of de
Nogeurol’s estate. In a way very
familiar to us today, the wives settled to avoid a long battle – complete with Beatriz
agreeing not to further pursue Catalina or her heirs. This work made me wonder if one of the points
was to highlight the ability of the rich to influence legal decisions. Although I'm not sure the book is all about money; I
wonder instead - is Good Faith a 16th century love
story, like Davis’s The Return of Martin Guerre?
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