Renaissance Inheritence Laws and The Tempest

Kaitlyn Dembicki 2010

The Renaissance time period was considered to be a time of reconstruction in which art and music were more pronounced.  This period allowed artists and musicians to be more creative, which in turn, allowed William Shakespeare to create numerous plays.  These plays allowed people of the Renaissance time to enjoy his creativity by providing them with plays to be viewed.  Shakespeare was a very interesting writer, “he had the most contradictions and the most to say” (Levi xvii).  This allowed both the readers and viewers of his plays to stay interested in his works.  The Renaissance time period encompassed many social ideals that defined the way of life within Italy, which Shakespeare represented within his plays.  One of the main ideals of the time was that of the inheritance law, referring to who is able to gain wealth, property, and status, either through death or through marriage.  Within the Tempest, it is evident that inheritance laws were the driving force behind certain characters motives, pertaining to Antonio, Caliban, Trinculo, and Stephano specifically.

Inheritance laws influenced life styles and gave reasoning for choices that were made during the Renaissance time period.  “By transferring land between generations-in this context, the primary means of economic survival, and, as a result, an independent household-inheritance influenced age at marriage, household structure, intergenerational power differentials, and the size of land holdings” (Emigh 385).  This allows a better understanding of the true power that the inheritance laws of this time held.  It was inheritance laws that shaped the futures of many of the people who lived during this time and they basically dictated the actions of those who followed these laws.  During this time, “legal statutes favored male over female inheritance” (Emigh 388).  Although, women of this time were also entitled to a “suitable” dowry, matriarchal inheritance was often the topic of much debate and it often caused many strains on a family. 

It is also important to understand the power that dowry had.  Dowry was considered to be the money or goods that a woman brought to her husband at the time of marriage.  Although this was what the female brought to the marriage, it was the male relatives who managed the dowries, and it did not matter that technically it was possessed by the female.  The dowries would later be given to the children of the family. 
In terms of property devolution, the oldest son received land and property through inheritance.  If there were no sons to pass the property down to, daughters were then considered.  Although, this did not necessarily mean that the daughter received the property.  It was a long drawn out process for any female to obtain inheritance. Due to the culture of this time, women were not considered to be equal to men, but rather, women were considered to be less then men in many cases.  It some instances, it was assumed that women were not to speak unless spoken to, and they were to follow orders without complaint.  Women of this time were obviously not ranked as highly as men were and they most definitely did not receive the same rights as the men did. 

Within the Tempest, the choices that were made by certain characters were evidently driven by underlying reasons, those reasons being not only selfishness, but also the need to become of a higher status, and also greed.  It is obvious that Prospero and his daughter Miranda were set to sea because Prospero’s brother Antonio was knowingly looking to obtain power in Milan.  Antonio was driven by greed to become the Duke of Milan, and he did what was necessary to get Prospero out of his way.  It did not seem to matter to Antonio that gaining status meant undermining his brother.  He sent his brother and his niece off on a boat that was ill prepared, knowing that their chances of making it to shore safely were slim to none.  But Antonio wanted the status of becoming a Duke, so he did what he needed to do to get it.  He jeopardized his relationship with his brother and niece, and made sure that he got them out of the picture without making their disappearance apparent to the people of Milan.

Another scene that illustrates greed which took place within the play was that of Caliban’s attempt to rape Miranda.  When Prospero reminds him of his attempts, he replied to Prospero, “Oh ho, oh ho! Wouldn’t had been done / Thou didst prevent me. I had peopled else / this isle with Calibans” (Shakespeare 1.2.352-4).  It was clear that Caliban’s plan to rape Miranda was not only to plant his seed and create offspring with his name, but also, it was to take her virginity which would have ruined her reputation.  If her reputation were harmed it would have meant that no man would want to marry her. This could have meant that she would not have been able to receive any inheritance from her father, she could have been sent to a nunnery, or she could have been put to death.  Then if Miranda were to marry Caliban, this could have meant that his island would have been returned back to him because Miranda would possibly inherit it after her father’s death, but not if the rape was common knowledge.  This idea may seem far fetched and it was not necessarily discussed within the play, but it was understood as an underlying meaning to the deceitful plan that Caliban had created.  And during this time period, “Rape law was constructed around the protection of male property in the form of their movable goods, their wives and daughters, their bequeathed inheritances, their future heirs” (Baines 70).  Rape was not seen as a crime against a human being, but rather it was seen as a misdeed against property.  It also mattered whether or not the female who was raped lost her chastity and how damaged the property was.  This idea, in a sense, created the notion that women were not looked at as human beings, but rather, they were considered to be property.  And if the property were damaged, social status may also be in jeopardy.  Again, leading back to the fact that this could have caused her to lose her future inheritance.  Interestingly enough, during this time, prostitution was apparent and there were many licensed brothels.  It was not typically discussed, but it is noted that, “some twenty thousand to thirty thousand unmarried apprentices provided a steady clientele for prostitutes” (Emerson 198).

Another representation of greed within the Tempest includes that of Caliban’s plot to kill Prospero.  It is understood that Prospero stole the island from Caliban through witchery and he wanted it back.  Caliban states that, “I say, by sorcery he got this isle / from me he got it.  If thy greatness will / Revenge it on him-for I know thou dearest / But this thing dare not” (Shakespeare 3.2.51-4). Caliban felt that he was rightfully next in line to become ruler of the island since his mother Sycorax left it to him, and he felt that Prospero had no right to come onto the island and take it over.  Caliban, Stephano, and Trinculo then conjured up a vengeful plan to kill Prospero.  In the event that their plan would have worked, Stephano would have become ruler of the island and Caliban would have been his servant.  In a sense Caliban bribes Stephano to do his dirty work.  He just wants to make sure that Stephano and Trinculo are going to follow through with their plan to take out Prospero.  It seems that Caliban doesn’t necessarily care who is in charge of the island, as long as it is not Prospero.  What they didn’t know is that while they were planning the death of Prospero, they were being watched and soon enough, their plan back fired.  So a lesson was learned, nothing good ever comes from those who are greedy, but unfortunately, these three men learned that lesson the hard way.    

There are many examples of what greed can force someone to do within the Tempest, and it is evident that the underlying causes to the madness within this play are inheritance laws.  These laws are what drove Antonio to get rid of his brother and niece, what caused Caliban to attempt rape, and also what led Caliban, Stephano, and Trinculo to believe that killing Prospero was the only way to get what they wanted.  Each of these characters struggled to gain power and they were willing to do whatever it took to do so.  They were willing to take out whatever was in their way to gain status.  Unfortunately, these same characters learned the hard way and were forced to understand that their plans were not well thought out, nor were they logical.  They never seemed to stop and think about the consequences, but rather, they thought about becoming powerful.  It was their greed and envy that lead them to do things that were out of character, almost as if they were driven to do so.  Although, in this time period people did kill to gain the thrown and it seemed as if it were acceptable.  It was not necessarily something that was discussed; it was typically just shoved under the carpet, so to say.  All in all, it was inheritance laws that forced these characters to make decisions that they would not normally make.  They were negatively influenced by the laws of their time and Shakespeare used these laws to cause friction within the Tempest.  Interestingly enough, he did so in a manner that allowed the reader to better understand the importance of inheritance laws and the true power that they had within the Renaissance time period.

 

Works Cited

Baines, Barbara.  “Effacing Rape in Early Modern Representation.”  English Literary History 65.1 (1998): 69-98.

Bevington, David.  The Necessary Shakespeare.  3rd ed.  New York: Longman, 2009. 

Emerson, Kathy Lynn.  The Writer’s Guide to Everyday Life in Renaissance England From 1485-1649. Ohio: Writer’s Digest Books, 1996. 

Emigh, Rebecca Jean.  “Property Devolution in Tuscany.”  Journal of Interdisciplinary History 33.3 (2003): 385-420.

Levi, Peter.  The Life and Times of William Shakespeare.  New York: Henry Holt and Company, 1989.