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4 - Foreign religious houses

Published online by Cambridge University Press:  08 July 2009

Keechang Kim
Affiliation:
Selwyn College, Cambridge
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Summary

The one and a half centuries that followed the Norman Conquest were marked by ‘a stupendous resurgence of monasticism’ in England. The number of monasteries increased from 61 to about 700 between 1066 and 1215. Countless manors and estates were transferred to newly created or existing religious houses on both sides of the Channel for the spiritual well-being of the donor or the transferor. In this chapter, we examine the foreign control of English lands resulting from these monastic endowments. It may be a delicate issue to determine the degree of ‘foreignness’ of the English daughter-houses of various foreign religious orders. We know that an alien prior could bring an action and the defendant's plea that the prior was an ‘alien born’ was not allowed. The reason was that the prior was bringing the action in right of the religious house, not in his own right (car il port l'action come prior in iure domus et non in iure proprio). Whether cases like this can be interpreted as showing the existence of a theory of ‘corporation’ in medieval English law is not an easy question. But at least the case clearly shows that priors and abbots were regarded as holding the land not in the same manner as a lay landholder.

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Aliens in Medieval Law
The Origins of Modern Citizenship
, pp. 89 - 102
Publisher: Cambridge University Press
Print publication year: 2000

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  • Foreign religious houses
  • Keechang Kim, Selwyn College, Cambridge
  • Book: Aliens in Medieval Law
  • Online publication: 08 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495410.006
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  • Foreign religious houses
  • Keechang Kim, Selwyn College, Cambridge
  • Book: Aliens in Medieval Law
  • Online publication: 08 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495410.006
Available formats
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Save book to Google Drive

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.

  • Foreign religious houses
  • Keechang Kim, Selwyn College, Cambridge
  • Book: Aliens in Medieval Law
  • Online publication: 08 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495410.006
Available formats
×