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6 - Faith and allegiance

Published online by Cambridge University Press:  08 July 2009

Keechang Kim
Affiliation:
Selwyn College, Cambridge
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Summary

In an earlier chapter, I argued that the systematic ban on foreign clerical candidates' access to ecclesiastical benefices had to rely on an argument which has a number of features unprecedented in medieval jurisprudence. Moreover, we have seen that such a ban would actually infringe on the king's and his subjects' well-established patronage rights. This may have been one of the reasons why the attempted ban of 1383 was ineffective and quickly forgotten. Also, when lawful landholding claims of foreign religious houses were ignored and permanent removal of lands from those religious houses was declared in 1414, the ordinance was making an original claim which made reference to the ‘relief and support of the communities of the realm’. Some foreign abbots, as we saw, were not impressed by the novel argument, and kept bringing to the king's court their ‘lawful’ claims as tenants.

It is true, however, that the majority of foreign abbots acquiesced to the new argument and no serious attempt was made to recover their lands. The reason for this is not difficult to understand. Their lands had been in the hands of the English king intermittently for several decades by then. The foreign religious houses concerned most probably had given up the hope of recovering their lands. To hear that their long lost lands would not after all be returned to them was perhaps not painful enough to make them start a lengthy and expensive litigation to recover those lands.

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Aliens in Medieval Law
The Origins of Modern Citizenship
, pp. 126 - 144
Publisher: Cambridge University Press
Print publication year: 2000

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  • Faith and allegiance
  • Keechang Kim, Selwyn College, Cambridge
  • Book: Aliens in Medieval Law
  • Online publication: 08 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495410.008
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  • Faith and allegiance
  • Keechang Kim, Selwyn College, Cambridge
  • Book: Aliens in Medieval Law
  • Online publication: 08 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495410.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Faith and allegiance
  • Keechang Kim, Selwyn College, Cambridge
  • Book: Aliens in Medieval Law
  • Online publication: 08 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495410.008
Available formats
×