Home Browse Imprints and Partners Join Our Email List For Authors About Us Contact Us

Law and Kinship in Thirteenth-Century England


Availability  Available


Add to Wish List

Two separate legal jurisdictions concerned with family relations held sway in England during the high middle ages: canon law and common law. In thirteenth- and fourteenth-century Europe, kinship rules dominated the lives of laymen and laywomen. They determined whom they might marry [decided in the canon law courts] and they determined from whom they might inherit [decided in the common law courts]. This book seeks to uncover the association between the two, exploring the ways in which the two legal systems shared ideas about family relationship, where the one jurisdiction - the common law - was concerned about ties of consanguinity and where the other - canon law - was concerned to add to the kinship mix of affinity. It also demonstrates how the theories of kinship were practically applied in the courtrooms of medieval England.


Worby has provided a significant contribution to the scholarship, and her book must be welcomed as an important corrective to Maitland's criticisms of medieval legal scholarship. JOURNAL OF BRITISH STUDIES

This book makes an important contribution to the narrative of family in late medieval England and the inter-relationship of English common law and the ius commune. REVIEWS IN HISTORY


First Published: 20 May 2010
13 Digit ISBN: 9780861933051
Pages: 206
Size: 23.4 x 15.6
Binding: Hardback
Imprint: Royal Historical Society
BIC Class: HBLC1

Details updated on 11 Dec 2015


  • 1  Introduction
  • 2  Canon law kinship structures
  • 3  Common law kinship structures
  • 4  The dominance of canon law kinship ideas
  • 5  Kinship laws in practice
  • 6  Trends underlying legal kinship structures
  • 7  Conclusion
  • 8  Appendix 1: Raymón of Penyafort's Quia tractare intendimus
  • 9  Appendix 2: The historical introduction to Sciendum est
  • 10  Appendix 3: Common law adaptations of canon law treatises: Quibus modis
  • 11  Appendix 4: Common law adaptations of canon law treatises: Triplex est
  • 12  Bibliography

Law and Kinship in Thirteenth-Century England

Law and Kinship in Thirteenth-Century England