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1 - THE MEDIEVAL INHERITANCE

Published online by Cambridge University Press:  24 November 2009

R. H. Helmholz
Affiliation:
University of Chicago
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Summary

In the middle of the fifteenth century, the courts of the Church exercised jurisdiction over broad though not unlimited areas of English life. The principal boundaries of that jurisdiction must have seemed well settled at the time. At least they had been long observed, in fact since a time of dispute and settlement more than one hundred and fifty years before, during the reigns of Edward I and his son. A few matters of serious contention with the courts of the King did exist, flaring into occasional dispute when the stakes were high enough. There were also many matters of disagreement that could have separated the courts of Church and Crown, had either side attempted to implemented the full extent of its jurisdictional claims. But this did not happen. The surviving records reveal a remarkable stability in the subject matter jurisdiction of the English courts Christian.

As things stood, the ecclesiastical courts dealt with all questions involving the formation and annulment of marriage. That is, causes (the canonical word used for law suits) brought to enforce contracts of marriages entered into by words of present consent, to secure judicial separations on the grounds of adultery or cruelty, and to dissolve de facto marriages contracted contrary to the canonical impediments, all belonged to the courts of the Church. So too did exclusive probate jurisdiction in most parts of England. The ecclesiastical tribunals proved all last wills and testaments not involving freehold property, and they supervised the collection of the assets of decedents and the payment of debts and legacies out of those assets. Moreover, the courts of the English Church provided the sole remedy available for defamation.

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Publisher: Cambridge University Press
Print publication year: 1990

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  • THE MEDIEVAL INHERITANCE
  • R. H. Helmholz, University of Chicago
  • Book: Roman Canon Law in Reformation England
  • Online publication: 24 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522574.002
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  • THE MEDIEVAL INHERITANCE
  • R. H. Helmholz, University of Chicago
  • Book: Roman Canon Law in Reformation England
  • Online publication: 24 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522574.002
Available formats
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Save book to Google Drive

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  • THE MEDIEVAL INHERITANCE
  • R. H. Helmholz, University of Chicago
  • Book: Roman Canon Law in Reformation England
  • Online publication: 24 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522574.002
Available formats
×