From Synod to Consistory: the Bishops’ Courts in England, 1150–1250

It would be absurd to complain that the church courts have been neglected by historians of twelfth- and thirteenth-century England. Their conflicts with the royal power over the extent of their jurisdiction lay at the heart of the Becket drama, and help to explain the uneasy relations between church...

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Bibliographic Details
Main Author: Morris, Colin (Author)
Format: Electronic Article
Language:English
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Published: Cambridge Univ. Press 1971
In: The journal of ecclesiastical history
Year: 1971, Volume: 22, Issue: 2, Pages: 115-123
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Summary:It would be absurd to complain that the church courts have been neglected by historians of twelfth- and thirteenth-century England. Their conflicts with the royal power over the extent of their jurisdiction lay at the heart of the Becket drama, and help to explain the uneasy relations between church and crown which subsisted throughout a considerable part of the thirteenth century. Although this aspect of the topic is prominent in general histories of the period, however, surprisingly little work has been done on the bishops’ courts themselves; on their mode of operation and the way in which they were organised. On investigation, it must be admitted that one can understand the neglect of historians. The questions of disputed jurisdiction, which are of primary interest for political history, have been thoroughly discussed in a number of able studies. Moreover, the amount of surviving evidence from the bishops’ courts before 1250 is very restricted. Influential litigants preferred to have their cases heard by the pope, either in the Roman curia itself or (more commonly) before papal judges delegate in England; and the uninfluential leave no records. This does not mean that the bishops and archdeacons had lost virtually all their jurisdiction to Rome, but it does mean that the reconstruction of the way in which they operated is a detective problem of considerable delicacy. A complete picture would be very difficult to achieve, but a progress report, however imperfect (for this is all that this article can claim to be) reveals some features of considerable interest.
ISSN:1469-7637
Contains:Enthalten in: The journal of ecclesiastical history
Persistent identifiers:DOI: 10.1017/S0022046900057857