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Chapter 3 - England

from Part I - The North

Published online by Cambridge University Press:  03 September 2021

Wolfgang P. Müller
Affiliation:
Fordham University, New York
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Summary

The relative scarcity of matrimonial proceedings in England (and perhaps Normandy) resulted from administrative arrangements. It does not highlight differences separating the area from the rest of the North. English diocesan officials did not exercise exclusive rights of first instance jurisdiction over matrimony. Diocesan officials operated in a distinct environment because they had to compete with countless tribunals for rights of adjudication. Commissaries and exempt judges went on rounds of supervision, setting up vetting stations, especially for allegations that did not attain legal levels of proof. Unilateral marriage claims were normally decided on the spot and before they could reach central locations. If records from visited and permanent seats of English church justice are read in conjunction, on the other hand, they yield quantities of marriage cases resembling those from Paris or Cambrai. The treatment of cases was again exceptional in that multiple proceedings on account of identical charges were often staged in the same diocese. The rules of canonical jurisprudence envisioned three tiers of appellate hierarchy at a maximum. In Anglo-Norman practice, the revision of prior rulings could pass many more times between commissaries, deans, and higher dignitaries.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • England
  • Wolfgang P. Müller, Fordham University, New York
  • Book: Marriage Litigation in the Western Church, 1215–1517
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108955812.004
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  • England
  • Wolfgang P. Müller, Fordham University, New York
  • Book: Marriage Litigation in the Western Church, 1215–1517
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108955812.004
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • England
  • Wolfgang P. Müller, Fordham University, New York
  • Book: Marriage Litigation in the Western Church, 1215–1517
  • Online publication: 03 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108955812.004
Available formats
×