The distribution of property in any community reflects a variety of cultural, economic and social influences including, not least, a legal framework that defines property and the rights to use and transfer it. Legal change, in turn, has the capacity to reshape distribution and the complex matrix of culture, society and economy that surrounds access to property. The articles that have been brought together for this special issue of Continuity and Change document and analyse the gendered patterns of ownership in a variety of times and places. Each of the contributors has encountered some difficulty in determining the relevant legal framework, the extent to which laws were enforced, who owned what, patterns of inheritance and the meaning of ownership itself. The authors respond by examining a range of sources with imagination, ingenuity and methodologies that originate in different disciplines. The precise shape of the research of course depends on the circumstances of the particular historical context.

This article discusses how widows and widowers were provided for in early modern Sweden, focussing in particular on the use of wills. The investigated area is the parish of Undersåker in Jämtland, northern Sweden, and the period c. 1750 to 1915. The point of departure is the fact that Swedish medieval and early modern law did give quite strong property rights to widows and widowers. Therefore, if these rights were respected by family members and enforced by the courts, it was hard to see any good reason for taking extra precautions, like making a will to the benefit of the spouse who lived longest. In view of this, the fact that wills were nevertheless set up, albeit rarely, needs explaining. During the period 475 wills were set up, according to the archives. Of these 240 were mutual wills; approximately 3 per cent of all couples set up a mutual will, with the intention of letting the surviving spouse retain the estate undivided. Often, there was a connection between the decision to set up a will and lack of children and/or remarriage. Will-makers came from all social strata, the affluent as well as the quite poor. Sometimes, a series of wills from the same couple has been preserved, indicating that will-making could be part of a long-term strategy of planning for old age and adapting to new circumstances. The general conclusion is that wills can often be seen as a sign of fear: fear that the legal rights with which widows and widowers were invested would not, after all, be respected. This fear appears to have been particularly strong if the couple lacked offspring.

This article examines the nature of pauperism in the south and east of England during the time of the Old Poor Law by using census material from five predominately rural parishes in Oxfordshire between 1786 and 1832. The proportion of people receiving poor relief was calculated for each parish, together with the types of people receiving such relief. While pauperism was significant in some parishes, others had relatively low levels of people receiving relief, and groups of poor hit by traditional life-cycle poverty were still common. Previous notions of widespread pauperism in the south and east during this period may thus need to be revised, with greater acknowledgement of the influence of local factors.

The historiography of epidemics and crime suggests that we might find effects of plague on criminal behaviour in the years of the Black Death and its aftermath, yet this question has not been systematically investigated by late medieval historians. For the first time, a continuous series of trial records covering the 1340s – for the city of Bologna – is here analysed, and the issue of a ‘breakdown in law and order’ is addressed. The particular patterns of criminal prosecution are revealed and explained, including unusual and unexpected features of continuity in 1348, and surprising developments in the years following, with changes in political context and judicial procedures outweighing any ongoing effects of plague.

The articles in this special issue of Continuity and Change arose from a workshop held in Palma de Mallorca, Spain, between 9 and 11 September 1999, hosted by the Universitat de les Illes Balears. The workshop was called to celebrate the thirtieth anniversary of another conference, that held in Cambridge at the Faculty of History and at Trinity College in September 1969. It was this conference in 1969 that resulted in the publication of Household and family in past time: comparative studies in the size and structure of the domestic group over the last three centuries in England, France, Serbia, Japan and colonial North America, with further material from Western Europe, which itself has just celebrated its thirtieth anniversary. Household and family in past time (hereafter abbreviated to HFPT), in part largely due to the ‘analytic introduction on the history of the family’ contributed by Peter Laslett, subsequently became a seminal work in the field. It not only mapped out the methodological groundwork for the quantitative study of the historical co-resident domestic group, but perhaps unwittingly helped define a research agenda into comparative familial and social structural history that was followed for many years by Laslett, his colleagues at the Cambridge Group for the History of Population and Social Structure, and researchers from around the world. It became in a sense a manifesto, and one with which Peter Laslett personally was inexorably linked. Thus, with the sad death of Peter on 8 November 2001, this special issue of Continuity and Change took on a new double purpose: not only to mark the path-breaking 1969 conference and the subsequent publication of HFPT, but also to pay tribute to the remarkable life and work of Peter Laslett.

This article examines aspects of infant mortality in a discrete part of Kingston upon Thames – the Canbury area – in the late nineteenth and early twentieth centuries. It highlights the concentration of infant mortality in this area, which was characterized – especially in the 1890s – by an increasingly overcrowded and unhealthy environment, made worse by the proximity of animals to living space. Animal manure attracted flies which, particularly during hot summer months, transmitted disease to infant foodstuffs, especially milk, increasing the incidence of summer diarrhoea. Poor feeding and child-care practices contributed to high levels of infant mortality, a situation acknowledged by Kingston's Medical Officer of Health.

During the eighteenth century, Germans from the Hessian county of Hanau-Münzenberg emigrated westward to the American colonies, and east to Hungary, Russia, and other parts of Europe. Using new emigrant data, I examine their age, occupation, and emigration strategies. Those who settled in Pennsylvania were the richest of these emigrants, more likely to travel as intact families and the most networked. The poorest were the Hessians who went to Russia, mostly in 1766. A large percentage of the Hanau-Hessians settled in Pennsylvania, suggesting that eighteenth-century German emigration to Hungary and Russia has possibly been overestimated.

This article examines, on the basis of landholding patterns, the relationship between the peasant family economy and its family life cycle in the latter half of the Tokugawa era (1603–1867). The analysis is focused on the life-cycle patterns of the stem family. In such a system, the continuation of the family and its assets assumed prime importance while hired labour did not provide a substantial proportion of the workforce on the farm. In fact, the stem family was officially recognized as the lawful family form by the Meiji government, but even in earlier periods the stem family system provided the dominant form. Among the samurai it was always the required form. Among the peasantry, by the early eighteenth century the stem family was the predominant family system.

The family system observed here differs in structure from that found in western-European family systems. Even when developmental aspects of European households are discussed, it is the relationship between the simple, nuclear family forms and their economic and social correlates – especially poverty, inheritance and landholdings – that is analysed. How Japanese stem family households operated with respect to landholding and other variables is the main theme of this article. The data come from an agrarian and considerably backward area of north-east Japan where harvest failures were not infrequent even in the late eighteenth and early nineteenth centuries.

In this article, the marriage characteristics of deaf men and women born in eighteenth- and nineteenth-century Belgium are compared to each other, as well as to a group of non-deaf siblings and a group of Swedish deaf persons. The aim is to determine the extent to which the marriage pattern of deaf persons lined up with that of non-disabled persons and to see how experiences of disablement interacted with the environment in which persons dwelt. This article challenges the belief in a universal disability experience by arguing that although deaf individuals generally encountered more difficulties in finding a marriage partner, marriage chances were significantly dependent on personal characteristics such as gender, living environment and birth date. As such, we demonstrate that the relationship between being deaf and being vulnerable on the marriage market was not an inescapable one, but the product of specific environments.

The aim of this article is to analyse how female working conditions and remunerations were affected by the structural and economic crises that impacted Lyon's silk industry in the second half of the eighteenth century. It concentrates, at a micro level, on different circumstances in which sources allow us to see women and their families coping with economic uncertainty: small-scale wage conflicts with their employers, clandestine work and illicit activities. This essay studies how women's work was a real issue in power conflicts and a tool for household adaptive strategies during periods of crisis.

One of the most intriguing and challenging problems facing historians of crime and the law is determining what were popular perceptions of criminal behaviour and criminal justice. Each of the articles in this special issue tackles this question by examining the content of British and colonial newspapers that were printed in the eighteenth and early nineteenth centuries. The choice of this period is significant both for the history of the press, and for that of criminal justice. It was during the eighteenth century that the newspaper became the dominant form of print culture, with readers enjoying an increasing choice of papers that were printed both in London and in the provinces. As literacy rates improved, and because newspaper stories could be read aloud, the audience for newspapers continued to expand. At the same time, the British state attempted new ways of administering criminal justice. The multiplication of the number of offences that carried the death penalty meant that the criminal code gained notoriety as the ‘Bloody Code’, while the Transportation Act of 1718, covering England and Wales, authorized the deportation of English and Welsh criminals to the American colonies. By the end of the eighteenth century London magistrates were experimenting with new methods of urban policing, as fears mounted about how the growing population could be both controlled and protected from crime. Newspapers reported, reflected upon and sometimes debated each of these developments, yet remarkably, it is not until now that historians of crime have analysed in any detail what the content of these newspapers can reveal about contemporary attitudes towards crime and justice.

Philippe Ariès’s Centuries of Childhood is now over 50 years old, but it holds its place as a pioneering study of childhood, education and the family. Furthermore, Ariès’s use of images continues to attract comment. This article reflects on the role of visual material in Aries's narrative, subsequent criticism, and more recent work in the field by both historians and art historians. Building on an important discussion of the same subject by Anthony Burton, published in Continuity and Change in 1989, it explores ongoing issues around the role of images as evidence for the histories of children and childhood.

A jurisdictional dispute over the burial of suicides in Electoral Saxony in the years 1702–1706 brought into sharp contrast conflicting views of the body in popular belief and Lutheran pastoral theology, and in the secularizing project of the early Enlightenment. The dispute centred on the practical, local implications of territorialism, a theory of church subordination to the state developed in the 1690s by the Saxon jurist Christian Thomasius (1655–1728), the most influential German political philosopher of the early Enlightenment. Considered in its intellectual and institutional contexts, the Saxon dispute illustrates the importance of the body to an understanding of secularization, the early Enlightenment and the history of suicide.

England recovered slowly after the Black Death, but countries which debased more saw rising prices and earlier population growth and economic recovery. We examine debasement in England, France, Flanders, and Scotland, emphasising the importance of nominal prices and governments’ role in determining and enforcing monetary policy. Money, as well as demography, strongly influenced the behaviour of prices in later medieval Europe, and price changes had profound economic effects. Population levels depend on mortality and fertility. It is not clear that mortality in England was more severe than elsewhere, but the English economic recession could have affected fertility and nuptiality.

Under the Ancien Régime in Spain local granaries (in Spanish, pósitos) acted as welfare institutions designed to help small farmers in times of crisis. During the first third of the twentieth century they were subject to an intense reorganisation in Spain and this transformed them into the only microfinance institution to which a significant part of the country's rural population had access. However, as the granaries were beginning to get their finances in order, the outbreak of the Spanish Civil War (1936–1939) and the ensuing change in political regime meant that from 1950 onwards they found themselves relegated to the financial margins. The longevity of the granaries makes them an interesting example of a type of financial institution that was able to adapt to different political regimes by changing the way they operated while maintaining their core objective of supporting small farmers.

During the first half of the eighteenth century, thousands of Londoners (and people from the rest of England) married clandestinely at the Fleet Prison. More weddings were celebrated there than any other location in England. This article will examine quantitatively who was marrying there, detailing their premarital status, origin and occupation. It will show that Londoners who married at the Fleet were broadly representative of London's population topography and occupational structure. The article also examines the non-Londoners who married at the Fleet, and shows that by c. 1750 the Fleet was hosting at least 10 per cent of all marriages in England.

This article assesses the wide range of experiences of illegitimacy in eighteenth-century Antwerp. It exposes many instances of pauper agency, yet also cautions against simply assuming that all single mothers were similarly forceful in their dealings with illegitimacy. Four key factors affected the options a single mother had at her disposal in dealing with illegitimate pregnancy: the way poor relief was organised, the relative accessibility of judicial processes, the administrative settings, and the prevailing ideas about illegitimacy and morality among the general community. The article shows how these factors changed in the final quarter of the eighteenth century, impacting on the strategies that single mothers could adopt.