Move over Lyndwood: the York Provinciale

Abstract Lyndwood’s Provinciale (c. 1433) contains the ecclesiastical legislation, and a gloss on it, of the Province of Canterbury. The York Provinciale (c. 1518), issued by Wolsey, Archbishop of York, contains the legislation of that province, but with no gloss. The Canterbury Provinciale is well known, and dominates in the works of ecclesiastical lawyers and in the church courts after the Reformation. The York Provinciale is little known, and much neglected after the Reformation by the ecclesiastical lawyers, and today by historians of canon law. The two Provinciales have never been compared. What follows remedies this neglect and compares these two legal entities, in terms of ten matters, namely, their: authors; sources; purposes; internal structure; authority (the Canterbury Provinciale was never ratified legislatively, the York one was, arguably as a legatine constitution and so superior in status to Canterbury’s); geographical applicability (including York’s adoption of Canterbury’s provincial law in 1462 subject to its consistency with York law); position in historic debates; editions; use by the post-Reformation ecclesiastical lawyers; and use by modern scholars. It is time, therefore, for Canterbury’s laws to share the limelight with the York Provinciale .