Thomas Wolf c. Richard de Abingdon, 1293-1295: a case study of legal argument

Sarah Beth White

doi:10.1017/S0022046919001155

Thomas Wolf c. Richard de Abingdon, 1293-1295: a case study of legal argument

Sarah Beth White

Research output: Contribution to journal › Article › peer-review

Abstract

This essay examines the legal arguments in Wolf c. Abingdon, a tithes dispute from 1293–5 between the rector and the vicar of Aldington, Kent. The case records contain explicit citations to written law, a surprising find in a seemingly minor case. The presence of explicit citations in particular suggests first that the litigants had access to legal assistance in the provincial court, and second that advocates and possibly judges were turning to written legal sources to resolve disputed points. This essay shows how the litigants' arguments were constructed and determines whether or not these arguments were effective in court.

Original language	English
Pages (from-to)	40-58
Journal	Journal of Ecclesiastical History
Volume	71
Issue number	1
Early online date	18 Sept 2019
DOIs	https://doi.org/10.1017/S0022046919001155
Publication status	Published - Jan 2020

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10.1017/S0022046919001155

White-Sarah-JEH-Accepted-Version
Copyright © Cambridge University Press 2019. This work has been made available online in accordance with publisher policies or with permission. Permission for further reuse of this content should be sought from the publisher or the rights holder. This is the author created accepted manuscript following peer review and may differ slightly from the final published version. The final published version of this work is available at https://doi.org/10.1017/S0022046919001155
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CLCLCL: Civil Law, Common Law, Customary Law: Consonance, Divergence and transformation in western Europe from the late 11th to 13th centuries
Hudson, J. (PI)
European Research Council
1/05/17 → 30/04/22
Project: Standard

Cite this

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Thomas Wolf c. Richard de Abingdon, 1293-1295: a case study of legal argument

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CLCLCL: Civil Law, Common Law, Customary Law: Consonance, Divergence and transformation in western Europe from the late 11th to 13th centuries

Cite this