Law and Kinship in Thirteenth-Century England
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 ties of affinity. It also demonstrates how the theories of kinship were practically applied in the courtrooms of medieval England. SAM WORBY is a civil servant and independent scholar.
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actions affinitate affinitatis aiel alleged ancestor ascending avus Bracton Britton brother canon law kinship canon lawyers canonists cellula civil law claim collateral common law kinship common lawyers consanguinity consanguinity and affinity cosinage courts cousin decretals Decretum descendants descendentes discussion distat Donahue Earliest English law Edward Edward II eius English law English law reports ergo example father filii filius fourteenth century fourth degree Fourth Lateran Council fratris gratian Harley heir Helmholz Ibid incest included inheritance king’s kinship structures kinsmen land law kinship system legal kinship limit linea litigants Maitland marriage marry medieval England mort d’ancestor schemata Oxford parentelic system pattern people’s person personarum plaintiff propatrui propositus protheus quam quarto quarto gradu quod Raymón rules secundo secundum seisin Selden Society Similiter sister sororis Summa sunt tertio thirteenth century tree truncus Turpitudinem usque worcester Cathedral writ of right