Power and Justice in Medieval England: The Law of Patronage and the Royal Courts

The medieval right to appoint a parson gave birth to English common law by resolving disputes over advowsons, a type of property. Joshu C. Tate's book shows how the English needed new legal contours to address ownership and possession questions.

Format: Hardback
Length: 272 pages
Publication date: 07 June 2022
Publisher: Yale University Press

The medieval right to appoint a parson to a local church following a vacancy, known as an "advowson," held immense significance in medieval England. This privilege was coveted by the king, monasteries, and local landowners, as it granted them political, social, and economic influence. The legal dispute surrounding advowsons revolved around determining who had the superior legal claim to the vacancy, which was a type of property.

In his book, "The Birth of Modern Common Law and Common Law Courts," Joshua C. Tate challenges the traditional perspective of historians who solely focus on land ownership. Tate argues that the innovations necessitated by advowson law played a crucial role in shaping modern common law and the establishment of common law courts.

The appointment of a parson was a complex process that involved various stakeholders. The king had the ultimate authority to appoint, but he often delegated this power to other individuals, such as monasteries or local landowners. The choice of a parson was not just about religious leadership but also about political and economic influence.

Advowson law introduced new legal concepts and principles that addressed the ownership and possession disputes arising from these appointments. For instance, the law recognized the right of the bishop to appoint a parson to a vacant benefice, even if there were other claimants to the position. This legal principle established the precedence of ecclesiastical authority over secular claims.

Furthermore, advowson law introduced the concept of "advocacy," which allowed individuals to claim rights and privileges through their relationship with a parson. This practice became particularly important in the context of land ownership, as it allowed individuals to assert their claims over land through their connection with a parson.

The innovations made by advowson law had a significant impact on the development of modern common law. They helped establish the principle of legal precedence, which holds that the law of a higher court is binding on lower courts. This principle is fundamental to the modern legal system and has been applied in various legal disputes throughout history.

Moreover, advowson law paved the way for the establishment of common law courts. These courts were independent of the ecclesiastical courts and were responsible for resolving legal disputes. The establishment of common law courts marked a significant shift in the legal landscape and allowed for the development of a more uniform and standardized legal system.

In conclusion, the medieval right to appoint a parson and the legal disputes surrounding advowsons played a crucial role in shaping modern common law and the establishment of common law courts. Joshua C. Tate's book provides a fresh perspective on this historical period, highlighting the importance of the innovations made by advowson law in the development of legal principles and institutions.

Dimension: 235 x 156 x 21 (mm)
ISBN-13: 9780300163834