Ecclesiastical Dispute in UK Law

  • Secularizing a Religious Legal System: Ecclesiastical Jurisdiction in Early Eighteenth Century England
    • No. 8-1, July 2019
    • British Journal of American Legal Studies
    • Troy L. Harris
    • Associate Professor of Law, University of Detroit Mercy School of Law. J.D. (Michigan); Ph.D. (Chicago)
    • 1-36
    The early eighteenth-century English ecclesiastical courts are a case study in the secularization of a legal system. As demonstrated elsewhere, the courts were very busy. And yet the theoretical ju...
    ...... to the customs of Westminster-hall, all contests relating to the regularity or validity of any controverted verdict, and indeed every dispute that arises while the cause is under jurisdiction of the secular court, will be determinable in the House of Lords, and is therefore depriving his ......
  • THE VALIDATION OF VOID MARRIAGES
    • No. 31-6, November 1968
    • The Modern Law Review
    ...... Catholic Church, which was adopted by English ecclesiastical law, that a marriage void on the ground that there was no ... dependants merely because one of them had failed to dispute or had conciirred in the assertion of its validity by the ......
  • Dominium in Thirteenth and Fourteenth-Century Political Thought and its Seventeenth-Century Heirs: John of Paris and Locke
    • No. 33-1, March 1985
    • Political Studies
    Dominium, the notion of lordship, underwent important changes during the thirteenth and fourteenth centuries. An examination of the de potestate regia et papali genre, especially the tract by the D...
    ...... library holdings and own tract ‘on civil and ecclesiastical power’ as well as his Second Treatise, express a debt to the ... state alone possessed real power.I2 The sacerdotium-regnum dispute had, in effect, been going on for centuries. During the ......
  • Arches Court
    • No. 56-3, August 1992
    • Journal of Criminal Law, The
    ...... v Taylor [1992] 1 All ER 437 is of interest beyond its ecclesiastical setting, particularly as it demon- strates how easy it is for ... that the appeal must be allowed; but, as there was still a dispute, the case was remitted to the consistory court to be re-tried ......
  • Lord Rodger of Earlsferry, THE COURTS, THE CHURCH AND THE CONSTITUTION: ASPECTS OF THE DISRUPTION OF 1843 Edinburgh: Edinburgh University Press (www.eup.ed.ac.uk), 2008. xvi and 142 pp. ISBN 9780748637546. £30.
    • No. , January 2009
    • Edinburgh Law Review
    • 173-175
    ......Even today, the implications of that dispute still affect the legal life of the Church of Scotland, but it is an easy istake to assume that this is an issue only in ecclesiastical history and polity. The story of the pre-Disruption cases describes an ......
  • Responsibility, ‘Bad Luck’, and Delinquent Animals: Law as a Means of Explaining Tragedy
    • No. 73-6, December 2009
    • Journal of Criminal Law, The
    This article examines the phenomenon of the prosecution and punishment of animals in medieval and early modern Western legal systems. Animal trials are important because examining them can help us ...
    ...... in our time fulfil cultural needs that extend far beyond dispute resolutionand adjudication’.15 Above n. 8 at xiii–xxix.16 See N. ... to invoke supernatural powers’.44 Heargues that the ecclesiastical trials were not ‘authentic’ or ‘actual’ legaltrials, since ‘the ......
  • Brexit MK II The Road from Rome in the 1530’s
    • Tales of Brexits Past and Present
    • 61-72
    ......For the ecclesiastical lawyers, it was unfortunate that the King’sdesire to change wife ...dispute as to howeffectively Canon Law or more formally ‘Learned Law’was ......
  • Alice Taylor, The Shape of the State in Medieval Scotland, 1124–1290
    • No. , May 2017
    • Edinburgh Law Review
    • 310-315
    ...... over the jurisdictions, not only of secular but also of ecclesiastical lords, whose jurisdiction over those living within their lands or who held ... was to bring back before the court of the earl of Lennox in 1273 a dispute between Paisley Abbey and three women as to the ownership of lands held ......
  • Parish and Church
    • Part IV. Setting
    • The Law of the Manor - 2nd Edition
    • Christopher Jessel
    • 387-406
    ...... 1 See generally Halsbury’s Laws Vol 34, Ecclesiastical Law (Butterworths, 5th edn). . 2 Blackstone, Sir William, ... that and both parties accepted that it was a customary way – the dispute being whether those who could benefit were the tenants of Irton ......
  • NOTES OF CASES
    • No. 8-1‐2, March 1945
    • The Modern Law Review
    ...... as had previously been applied by the Ecclesiastical Courts. The learned judge ascertained that the Ecclesiastical ... enemy aliens when the war broke out, and they did not dispute that enemy aliens were not in a position to move for a writ ......
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