Law and Kinship in Thirteenth-Century England

Law and Kinship in Thirteenth-Century England

by Sam Worby


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Two separate legal jurisdictions concerned with family relations held sway in England during the high middle ages: canon law and common law. In thirteenth- and fourteenth-century Europe, kinship rules dominated the lives of laymen and laywomen. They determined whom they might marry (decided in the canon law courts) and they determined from whom they might inherit (decided in the common law courts). This book seeks to uncover the association between the two, exploring the ways in which the two legal systems shared ideas about family relationship, where the one jurisdiction - the common law - was concerned about ties of consanguinity and where the other - canon law - was concerned to add to the kinship mix of affinity. It also demonstrates how the theories of kinship were practically applied in the courtrooms of medieval England.

Product Details

ISBN-13: 9780861933389
Publisher: Boydell & Brewer, Limited
Publication date: 08/20/2015
Series: Royal Historical Society Studies in History New Series
Pages: 206
Product dimensions: 6.25(w) x 9.25(h) x 0.44(d)

Table of Contents

List of illustrations vi

List of tables vi

Acknowledgements vii

Abbreviations viii

Introduction 1

1 Canon law kinship structures 9

2 Common law kinship structures 39

3 The dominance of canon law kinship ideas 68

4 Kinship laws in practice 92

5 Trends underlying legal kinship structures 115

Conclusion 141


1 Raymón of Penyafort's Quia tractare intendimus 147

2 The historical introduction to Sciendum est 163

3 Common law adaptations of canon law treatises: Quibus modis 167

4 Common law adaptations of canon law treatises: Triplex est 175

Bibliography 183

Index 193

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