Abuse and broken marriage: another mode of emancipation in the kingdom of Aragon at the end modern age

Abstract

Marital conflict in Aragon during the Old Regime sometimes led to processes for a second emancipation at a later age. Observing the peculiarities of Aragonese Civil Law, this article analyzes how male authority was challenged by women who turned to the courts to report abuse, demand protection, and even separation. If they initially emancipated themselves from the paternal figure, this time they did so from their husbands (and their environment). The study shows that marital correction was a socially accepted disciplinary mechanism, although cases of extreme cruelty could lead to judicial intervention with or without community support. Procedural sources describe individual experiences of vulnerability, as well as some women's ability to undertake a difficult and risky process toward freedom.