Wednesday, May 4, 2016

Rowberry on a 14th-Century Priest and Common-Law Judge

Ryan Rowberry, Georgia State University College of Law, has posted The Social Status, Education, and Benefices of Gilbert Rothbury, a Clerical Common Law Justice (1295-1321), which appeared in the Proceedings of the Fourteenth International Congress of Medieval Canon Law (August 2012):
King Edward I (1272-1307) transformed the English Common Law through procedural reforms and a raft of statutes. The judicial contingent of the King’s Council bore the primary task of drafting these statutes, and these same justices interpreted and applied the laws during trial. Yet, we know relatively little about the lives of Edward I’s judges. This article seeks to reanimate Gilbert Rothbury, one of Edward I’s justices who was simultaneously a priest and a Common Law judge, by examining in detail three aspects of his life that likely influenced his work as a judge: his social standing; his education; and his financial relationships with the church.

Examination of a range of unpublished archival sources and published primary sources suggests several broad conclusions. First, perhaps unique among central royal court judges, Rothbury came from an extremely humble background which may have made him more attuned to poorer litigants in a society separated sharply by class. Second, Rothbury received some education in the learned law at Oxford University that influenced his Common Law decisions. Finally, Rothbury’s pecuniary ties to abbots, priors, and bishops dwarfed his annual royal salary, making it possible that friendship or funding shaped the outcome of his decisions.

1 comment:

Shag from Brookline said...

The closing sentence of the abstract suggests the later wisdom of Thomas Jefferson's "separation of church and state." But such separation doesn't mean an absolute secular Supreme Court.