Church, state and law: solutions to lay contumacy in the Anglo-Scottish borders during the late thirteenth century

Hoskin, Philippa (2011) Church, state and law: solutions to lay contumacy in the Anglo-Scottish borders during the late thirteenth century. Historical Research, 84 (226). pp. 559-571. ISSN 0950-3471

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Abstract

This paper considers jurisdictional conflict between Church and State in the thirteenth century through the case of Roger, rector of Whitfield, a cleric abducted from his Tynedale cure. Considering this incident and Roger's attempts to gain redress it examines the jurisdictional tensions within the liberty of Tynedale, the resultant failure of the process of signification of excommunication and the use of the private petition. A close examination of the diplomatic of this early petition demonstrates both that it was drawn up under the influence of ecclesiastical administration and that this administration made tacit acknowledgement of the importance of royal grace in the exercise of secular authority to enforce ecclesiastical law. The petition is included as an appendix

Item Type: Article
Additional Information: This paper considers jurisdictional conflict between Church and State in the thirteenth century through the case of Roger, rector of Whitfield, a cleric abducted from his Tynedale cure. Considering this incident and Roger's attempts to gain redress it examines the jurisdictional tensions within the liberty of Tynedale, the resultant failure of the process of signification of excommunication and the use of the private petition. A close examination of the diplomatic of this early petition demonstrates both that it was drawn up under the influence of ecclesiastical administration and that this administration made tacit acknowledgement of the importance of royal grace in the exercise of secular authority to enforce ecclesiastical law. The petition is included as an appendix
Keywords: canon law, diplomatic, Tynedale, ref30, refdoi
Subjects: M Law > M111 English Law
V Historical and Philosophical studies > V130 Medieval History
Divisions: College of Arts > Faculty of Media, Humanities & Performance > Lincoln School of Humanities
Depositing User: Philippa Hoskin
Date Deposited: 12 Nov 2010 12:13
Last Modified: 05 Apr 2013 09:01
URI: http://eprints.lincoln.ac.uk/id/eprint/3644

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