Wife and Mother. The Legal Status of Married Women in 16th-17th century Liège, between Customary Law and Ius Commune

This contribution explores the legal status of married women in Liège during the 16th and 17th centuries. It first examines the role of women as wives, particularly their legal relationship with their husbands. Central to this discussion is the mainplévie regime, which governed married women unless otherwise stipulated in their marriage contract. This system not only subjected wives to marital authority—requiring obedience to their husband and restricting their legal capacity—but also stripped them of ownership over the assets they brought into the marriage, typically through their dowry.

The second part of this study focuses on the legal relationship between mothers and their children. While fathers held exclusive guardianship rights over their children during their lifetime, upon the father’s passing, guardianship fell to widowed mothers. However, even then, their authority could be constrained by the influence and oversight of appointed guardians (“mambours”).

This paper is based on my doctoral work as an Aspirant of the Fonds de la Recherche Scientifique - FNRS. It draws from a diverse range of historical sources, including legislative and customary law, as well as an extensive analysis of marriage contracts and last wills preserved in the archives of the Court of Aldermen of Liège (“Échevins de Liège”).