Book contents
- Frontmatter
- Contents
- List of Tables
- List of Appendices
- Preface
- Acknowledgments
- Notes About This Book
- Introduction
- 1 The Background Rules and Institutions
- 2 Lying Witnesses and Social Reality: Four English Marriage Cases in the High Middle Ages
- 3 Statistics: The Court of York, 1300–1500
- 4 Story-Patterns in the Court of York in the Fourteenth Century
- 5 Story-Patterns in the Court of York in the Fifteenth Century
- 6 Ely
- 7 Paris
- 8 Cambrai and Brussels: The Courts and the Numbers
- 9 Cambrai and Brussels: The Content of the Sentences
- 10 Divorce a mensa et thoro and salvo iure thori (Separation)
- 11 Social Practice, Formal Rule, and the Medieval Canon Law of Incest
- 12 Broader Comparisons
- Epilogue and Conclusion
- Bibliography and Abbreviations
- Subject Index
- Texts and Commentary
- Table of Cases
- Table of Authorities
- Index of Persons and Places
6 - Ely
Published online by Cambridge University Press: 14 July 2009
- Frontmatter
- Contents
- List of Tables
- List of Appendices
- Preface
- Acknowledgments
- Notes About This Book
- Introduction
- 1 The Background Rules and Institutions
- 2 Lying Witnesses and Social Reality: Four English Marriage Cases in the High Middle Ages
- 3 Statistics: The Court of York, 1300–1500
- 4 Story-Patterns in the Court of York in the Fourteenth Century
- 5 Story-Patterns in the Court of York in the Fifteenth Century
- 6 Ely
- 7 Paris
- 8 Cambrai and Brussels: The Courts and the Numbers
- 9 Cambrai and Brussels: The Content of the Sentences
- 10 Divorce a mensa et thoro and salvo iure thori (Separation)
- 11 Social Practice, Formal Rule, and the Medieval Canon Law of Incest
- 12 Broader Comparisons
- Epilogue and Conclusion
- Bibliography and Abbreviations
- Subject Index
- Texts and Commentary
- Table of Cases
- Table of Authorities
- Index of Persons and Places
Summary
THE BUSINESS OF THE COURT OF ELY
The diocese of Ely was the second smallest in geographical area in England, covering only the county of Cambridgeshire and the Isle of Ely. From August of 1373 to June of 1388, its bishop was Thomas Arundel, a well-connected prelate who was later translated to York and who ultimately became archbishop of Canterbury. Close to the beginning of Arundel's tenure, Robert Foxton, a notary public and registrar of the court, began what he called “a register of causes of the consistory of Ely.” This is a chronological record of all the business that came before the court of the bishop's official between the years 1374 and 1381. The period in question covers the tenure of three different officials and a number of commissaries. There are 3,215 entries of judicial business in the book (excluding the entries that indicate the court session and its adjournment). The quality and care with which Foxton composed the 142 folios of this book make it one the most informative of the surviving English medieval church court act books. It is also one of the earliest.
The first question we must ask when we are confronted with such a huge amount of data is how to organize it. Much of what we see in the Ely act book is easily translatable into modern legal categories, and there is some evidence that Foxton was thinking in these categories.
- Type
- Chapter
- Information
- Law, Marriage, and Society in the Later Middle AgesArguments about Marriage in Five Courts, pp. 218 - 301Publisher: Cambridge University PressPrint publication year: 2008