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Joshua C. Tate - Power and Justice in Medieval England: The Law of Patronage and the Royal Courts

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Joshua C. Tate Power and Justice in Medieval England: The Law of Patronage and the Royal Courts
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How the medieval right to appoint a parson helped give birth to English common law
Appointing a parson to the local church following a vacancyan advowsonwas one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancywhich was a type of propertyat the time the position needed to be filled.
In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.

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YALE LAW LIBRARY SERIES
IN LEGAL HISTORY AND REFERENCE

Published with support from the Lillian Goldman Law Library Yale Law School - photo 1

Published with support from the Lillian Goldman Law Library, Yale Law School.

Copyright 2022 by Yale University.

All rights reserved.

This book may not be reproduced, in whole or in part, including illustrations, in any form (beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), without written permission from the publishers.

Yale University Press books may be purchased in quantity for educational, business, or promotional use. For information, please email (U.K. office).

Set in MT Baskerville & MT Bulmer type by IDS Infotech Ltd., Chandigarh, India.

Printed in the United States of America.

Library of Congress Control Number: 2021944507

ISBN 978-0-300-16383-4 (hardcover: alk. paper)

A catalogue record for this book is available from the British Library.

This paper meets the requirements of ANSI/NISO

Z39.48-1992 (Permanence of Paper).

10 9 8 7 6 5 4 3 2 1

For Lisa

CONTENTS

ACKNOWLEDGMENTS This book has been a long time in coming and it has - photo 2

ACKNOWLEDGMENTS

This book has been a long time in coming and it has benefited from the support - photo 3

This book has been a long time in coming, and it has benefited from the support of many colleagues. Above all, I must thank Charles Donahue Jr., who first suggested that I look at the advowson writs and has been a mentor throughout my career, and Paul Brand, who has taught me more than anyone else about how to interpret the English plea rolls. I am most obliged to Robert Palmer for digitizing the royal court records through the AALT project and for helping me resolve some doubtful points in the rolls discussed herein. Susanne Brand, Harry Dondorp, Paul Freedman, Richard Helmholz, Jim Whitman, Anders Winroth, and the two anonymous reviewers who read my manuscript submission also provided important insight on certain points. I am grateful for the input of the scholars who attended my presentations at various conferences and workshops, including the British Legal History Conference, the International Congress of Medieval Canon Law, the SMU Law Faculty Forum, and multiple meetings of the American Society for Legal History. Greg Ivy and the staff of the Underwood Law Library have been very helpful in making sources available to me in the challenging circumstances of the COVID-19 pandemic.

also advances my work in Competing Institutions and Dispute Settlement in Medieval England, which was included in Law and Disputing in the Middle Ages: Proceedings of the Ninth Carlsberg Academy Conference on Medieval Legal History 2012, edited by Per Andersen, Kirsi Salonen, Helle Moller Sigh, and Helle Vogt. The book also builds on my individual contributions to two Festschrift volumes: Texts and Context in Legal History: Essays in Honor of Charles Donahue, edited by Sara McDougall, Anna di Robilant, and John Witte Jr.; and Studies in Canon Law and Common Law in Honor of R. H. Helmholz, edited by Troy L. Harris. I am grateful to the editors of these volumes for advancing my research.

I acknowledge with great appreciation the support of the Hctor Mairal Faculty Research Fund at SMU Dedman School of Law, the SMU University Research Fellowship, and the Lloyd M. Robbins Senior Research Fellowship at the University of California, Berkeley. I owe a debt of gratitude to TaLibra Ferguson, John Lowe, Becca Henley, Laurent Mayali, and others for helping me secure those opportunities. Bill Frucht, Karen Olson, and Ann-Marie Imbornoni at Yale University Press have been extremely helpful and patient as I have slowly worked toward completion, and I am also grateful to Mike OMalley (formerly of the press) for showing initial interest. Dr. Johann Tomaschek of the Stiftsbibliothek Admont kindly allowed me to obtain a reproduction of the Admont manuscript of Huguccios Summa decretorum from the Hill Museum and Manuscript Library; the British Library furnished a digital copy of the Hnel edition of Ulpianus de edendo; and the Lincolnshire Archives sent images of the register of Hugh of Wells. Those images, and one from the Norfolk Record Office, are used by permission. I am grateful to Bill Henry for his excellent copyediting and to Kate Mertes for her careful work preparing the index. Finally, I would like to thank my children Charles and Ellenand my wife, Lisa, to whom this book is dedicatedfor giving me good reasons to finish it.

ABBREVIATIONS

English Sources AALT The Anglo-American Legal Tradition Documents from - photo 4

English Sources

AALT

The Anglo-American Legal Tradition: Documents from Medieval and Early Modern England from the National Archives in London (digital archive curated by Robert C. Palmer et al., http://aalt.law.uh.edu)

BNB

Bractons Note Book

Bracton

Bracton, On the Laws and Customs of England

CRR

Curia Regis Rolls

Glanvill

Glanvill, Treatise on the Laws and Customs of the Realm of England

Lincs.

The Earliest Lincolnshire Assize Rolls, 12021209

PKJ

Pleas before the King or His Justices, 11981202

PRS

Publications of the Pipe Roll Society

RCR

Rotuli Curiae Regis

RHW

Rotuli Hugonis de Welles

Staffs.

Staffordshire Suits Extracted from the Plea Rolls

TNA

The National Archives (U.K.)

VCH

Victoria History of the Counties of England

Terms of Court

Hil.

Hilary Term

Pas.

Easter Term

Trin.

Trinity Term

Mich.

Michaelmas Term

Canon Law

C.

Causa

c.

canon or capitulum

COD

Conciliorum Oecumenicorum Decreta

Comp.

Compilatio

Conc. Lat.

Lateran Council

D.

Distinctio

PL

Patrologiae cursus completus, series latina

q.

questio

WH

Walther-Holtzmann-Katalog

X.

Liber Extra (Gregorian Decretals)

Roman Law

CJ

Code of Justinian

Dig.

Digest of Justinian

Inst.

Institutes of Justinian

Lectura

Medieval English commentary to Justinians Institutes, in The Teaching of Roman Law in England around 1200

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