Decretals And The Creation Of New Law In The Twelfth Century

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Decretals and the Creation of "new Law" in the Twelfth Century

Charles Duggan
Decretals and the Creation of new Law in the Twelfth Century Book PDF

Author : Charles Duggan
Publisher : Routledge
Page : 368 pages
File Size : 53,7 Mb
Release : 1998
Category : History
ISBN : UOM:39015047113207

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Decretals and the Creation of "new Law" in the Twelfth Century by Charles Duggan Pdf

In this second volume of studies on 12th-century canon law, Charles Duggan emphasises the European context of the emergence of the ius novum, the new law of the Western church, based on specific cases and informed by the academic learning of the schools where canon law was taught as a scholarly discipline. The themes range from marriage and forgery to regional applications, with studies on decretals to Hungary and Archbishop Roger of York respectively, Italian marriage decretals, the impact of the Becket dispute, litigation involving English secular magnates and the crown culminating with a perceptive analysis of the role of judges delegate in the formation and application of the new principles of law and jurisprudence which the practice of local courts and appeals to the papacy brought into being. Significant light is thrown on English collectors, judges, and secular and ecclesiastical litigants. Wherever possible, calendars are provided, often with more accurate identifications and dating, and based on the fullest manuscript sources.

Religious Conflict at Canterbury Cathedral in the Late Twelfth Century

James Barnaby
Religious Conflict at Canterbury Cathedral in the Late Twelfth Century Book PDF

Author : James Barnaby
Publisher : Boydell & Brewer
Page : 414 pages
File Size : 43,7 Mb
Release : 2024-05-21
Category : History
ISBN : 9781783277667

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Religious Conflict at Canterbury Cathedral in the Late Twelfth Century by James Barnaby Pdf

The first comprehensive study of a bitter dispute which occupied the archbishops and monks of Canterbury throughout the 1180s and 1190s. For fifteen years the monks of Christ Church Canterbury waged a war against their archbishop, over a plan to build a church to provide funds for their administration, dedicated to Thomas Becket. Fearing the loss of their most beloved (and lucrative) saint to this new institution, the monks embarked on a course of action which saw rioting in the streets of Canterbury, their excommunication, and the cathedral placed under siege by the archbishop. Although at first glance an internal dispute between the archbishop and his cathedral chapter, it had a wide-ranging impact. The monks travelled thousands of miles in support of their cause, enlisting the backing of popes, cardinals, and the elites of Europe. In England, the kings during the period took a personal interest in the dispute, sometimes attempting to resolve it and sometimes hindering any chance of peace. This book, the first full account of the conflict, draws on the huge collection of letters it provoked (one of the largest compiled in the twelfth century), alongside other sources such as monastic culture, to offer a detailed narrative of this complicated feud between Archbishops Baldwin of Forde, Hubert Walter and their cathedral monks; it also considers the continuations of the dispute in the thirteenth and fourteenth centuries. In addition, it analyses the key themes of the conflict: the role of royalty, travel, and the deployment of Thomas Becket.

The Church at War: The Military Activities of Bishops, Abbots and Other Clergy in England, c. 900-1200

Daniel M. G. Gerrard
The Church at War The Military Activities of Bishops Abbots and Other Clergy in England c 900 1200 Book PDF

Author : Daniel M. G. Gerrard
Publisher : Routledge
Page : 330 pages
File Size : 44,6 Mb
Release : 2016-10-04
Category : History
ISBN : 9781317038313

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The Church at War: The Military Activities of Bishops, Abbots and Other Clergy in England, c. 900-1200 by Daniel M. G. Gerrard Pdf

The fighting bishop or abbot is a familiar figure to medievalists and much of what is known of the military organization of England in this period is based on ecclesiastical evidence. Unfortunately the fighting cleric has generally been regarded as merely a baron in clerical dress and has consequently fallen into the gap between military and ecclesiastical history. This study addresses three main areas: which clergy engaged in military activity in England, why and when? By what means did they do so? And how did others understand and react to these activities? The book shows that, however vivid such characters as Odo of Bayeux might be in the historical imagination, there was no archetypal militant prelate. There was enormous variation in the character of the clergy that became involved in warfare, their circumstances, the means by which they pursued their military objectives and the way in which they were treated by contemporaries and described by chroniclers. An appreciation of the individual fighting cleric must be both thematically broad and keenly aware of his context. Such individuals cannot therefore be simply slotted into easy categories, even (or perhaps especially) when those categories are informed by contemporary polemic. The implications of this study for our understanding of clerical identity are considerable, as the easy distinction between clerics acting in a secular or ecclesiastical capacity almost entirely breaks down and the legal structures of the period are shown to be almost as equivocal and idiosyncratic as the literary depictions. The implications for military history are equally striking as organisational structures are shown to be more temporary, fluid and 'political' than had previously been understood.

On Hospitals

Sethina Watson,Senior Lecturer in Medieval History Sethina Watson
On Hospitals Book PDF

Author : Sethina Watson,Senior Lecturer in Medieval History Sethina Watson
Publisher : Oxford University Press, USA
Page : 401 pages
File Size : 49,9 Mb
Release : 2020-07-16
Category : Electronic
ISBN : 9780198847533

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On Hospitals by Sethina Watson,Senior Lecturer in Medieval History Sethina Watson Pdf

This ground-breaking study explores welfare institutions in western law in the middle ages and establishes, for the first time, a legal model for the hospital. On Hospitals takes us beyond canon law, Carolingian capitularies, and Justinian's Code and Novels, to late Roman testamentary law, identifying new legislation and legal initiatives in every period. In challenging long established orthodoxies, a new history of the hospital emerges, one that is fundamentally a European history. To the history of law, it offers an unusual lens through which to explore canon law. What this monograph identifies for the first time is that the absence of law is the key. This is a study of what happened when there was no legal inheritance, nor even an authority through which to act. Here, at the fringes of law, pioneers worked, and forgers played. Their efforts shed light on councils, both familiar and forgotten, and on major figures, including Abbot Ansegis of Saint Wandrille, Abbot Wala of Corbie, the Pseudo-Isidorian forgers, Pope Alexander III, Bernard of Pavia, and Robert de Courson. Finally On Hospitals offers a new picture of welfare at the heart of Christianity. The place of welfare houses, at the edge of law, has for too long encouraged an assumption that welfare itself was peripheral to popes and canonists and so, by implication, to those who designed the priorities of the Church. This study reveals the central place for them all, across a thousand years, of Christian caritas. We discover a Christian foundation that could belong not to the Church, but to the whole society of the faithful.

The History of Medieval Canon Law in the Classical Period, 1140-1234

Wilfried Hartmann,Kenneth Pennington
The History of Medieval Canon Law in the Classical Period 1140 1234 Book PDF

Author : Wilfried Hartmann,Kenneth Pennington
Publisher : CUA Press
Page : 457 pages
File Size : 53,6 Mb
Release : 2008
Category : Law
ISBN : 9780813214917

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The History of Medieval Canon Law in the Classical Period, 1140-1234 by Wilfried Hartmann,Kenneth Pennington Pdf

This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.

Clerical Continence in Twelfth-Century England and Byzantium

Maroula Perisanidi
Clerical Continence in Twelfth Century England and Byzantium Book PDF

Author : Maroula Perisanidi
Publisher : Routledge
Page : 314 pages
File Size : 50,7 Mb
Release : 2018-07-06
Category : History
ISBN : 9781351024600

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Clerical Continence in Twelfth-Century England and Byzantium by Maroula Perisanidi Pdf

Why did the medieval West condemn clerical marriage as an abomination while the Byzantine Church affirmed its sanctifying nature? This book brings together ecclesiastical, legal, social, and cultural history in order to examine how Byzantine and Western medieval ecclesiastics made sense of their different rules of clerical continence. Western ecclesiastics condemned clerical marriage for three key reasons: married clerics could alienate ecclesiastical property for the sake of their families; they could secure careers in the Church for their sons, restricting ecclesiastical positions and lands to specific families; and they could pollute the sacred by officiating after having had sex with their wives. A comparative study shows that these offending risk factors were absent in twelfth-century Byzantium: clerics below the episcopate did not have enough access to ecclesiastical resources to put the Church at financial risk; clerical dynasties were understood within a wider frame of valued friendship networks; and sex within clerical marriage was never called impure in canon law, as there was little drive to use pollution discourses to separate clergy and laity. These facts are symptomatic of a much wider difference between West and East, impinging on ideas about social order, moral authority, and reform.

New Discourses in Medieval Canon Law Research

Anonim
New Discourses in Medieval Canon Law Research Book PDF

Author : Anonim
Publisher : BRILL
Page : 225 pages
File Size : 47,5 Mb
Release : 2019-04-09
Category : History
ISBN : 9789004394384

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New Discourses in Medieval Canon Law Research by Anonim Pdf

The contributions in New Discourses in Medieval Canon Law Research present new research on medieval church law, and propose a new model of how to write the history of canon law in the Middle Ages.

Order in the Court: Medieval Procedural Treatises in Translation

Bruce Brasington
Order in the Court Medieval Procedural Treatises in Translation Book PDF

Author : Bruce Brasington
Publisher : BRILL
Page : 357 pages
File Size : 41,7 Mb
Release : 2016-03-17
Category : History
ISBN : 9789004315327

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Order in the Court: Medieval Procedural Treatises in Translation by Bruce Brasington Pdf

In Order in the Court, Brasington translates for the first time selected twelfth-century treatises on procedure in ecclesiastical courts. He also provides an introduction to Roman and canon-law procedure as well as commentary on the works.

Pope Alexander III (1159–81)

Anne J. Duggan,Peter D. Clarke
Pope Alexander III 1159 81 Book PDF

Author : Anne J. Duggan,Peter D. Clarke
Publisher : Routledge
Page : 509 pages
File Size : 55,8 Mb
Release : 2016-04-22
Category : Religion
ISBN : 9781317078364

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Pope Alexander III (1159–81) by Anne J. Duggan,Peter D. Clarke Pdf

Alexander III was one of the most important popes of the Middle Ages and his papacy (1159-81) marked a significant watershed in the history of the Western Church and society. This book provides a long overdue reassessment of his papacy and his achievements, bringing together thirteen essays which review existing scholarship and present the latest research and new perspectives. Individual chapters cover topics such as Alexander's many contributions to the law of the Church, which had a major impact upon Western society, notably on marriage, his relations with Byzantium, and the extension of papal authority at the peripheries of the West, in Spain, Northern Europe and the Holy Land. But dominant are the major clashes between secular and spiritual authority: the confrontation between Henry II of England and Thomas Becket after which Alexander eventually secured the king's co-operation and the pope's eighteen-year conflict with the German emperor, Frederick I. Both the papacy and the Western Church emerged as stronger institutions from this struggle, largely owing to Alexander's leadership and resilience: he truly mastered the art of survival.

Pope Innocent II (1130-43)

John Doran,Damian J. Smith
Pope Innocent II 1130 43 Book PDF

Author : John Doran,Damian J. Smith
Publisher : Routledge
Page : 420 pages
File Size : 54,7 Mb
Release : 2016-06-10
Category : History
ISBN : 9781317078319

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Pope Innocent II (1130-43) by John Doran,Damian J. Smith Pdf

The pontificate of Innocent II (1130-1143) has long been recognized as a watershed in the history of the papacy, marking the transition from the age of reform to the so-called papal monarchy, when an earlier generation of idealistic reformers gave way to hard-headed pragmatists intent on securing worldly power for the Church. Whilst such a conception may be a cliché its effect has been to concentrate scholarship more on the schism of 1130 and its effects than on Innocent II himself. This volume puts Innocent at the centre, bringing together the authorities in the field to give an overarching view of his pontificate, which was very important in terms of the internationalization of the papacy, the internal development of the Roman Curia, the integrity of the papal state and the governance of the local church, as well as vital to the development of the Kingdom of Sicily and the Empire.

Creating and Sharing Legal Knowledge in the Twelfth Century

Anonim
Creating and Sharing Legal Knowledge in the Twelfth Century Book PDF

Author : Anonim
Publisher : BRILL
Page : 277 pages
File Size : 42,5 Mb
Release : 2022-10-31
Category : History
ISBN : 9789004519251

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Creating and Sharing Legal Knowledge in the Twelfth Century by Anonim Pdf

The Decretum Gratiani is the cornerstone of medieval canon law, and the manuscript St Gallen, Stiftsbibliothek, 673 an essential witness to its evolution. The studies in this volume focus on that manuscript, providing critical insights into its genesis, linguistic features, and use of Roman Law, while evaluating its attraction to medieval readers and modern scholars. Together, these studies offer a fascinating view on the evolution of the Decretum Gratiani, as well as granting new insights on the complex dynamics and processes by which legal knowledge was first created and then transferred in medieval jurisprudence. Contributors are Enrique de León, Stephan Dusil, Melodie H. Eichbauer, Atria A. Larson, Titus Lenherr, Philipp Lenz, Kenneth Pennington, Andreas Thier, José Miguel Viejo-Ximénez, John C. Wei, and Anders Winroth.

The History of Courts and Procedure in Medieval Canon Law

Wilfried Hartmann,Kenneth Pennington
The History of Courts and Procedure in Medieval Canon Law Book PDF

Author : Wilfried Hartmann,Kenneth Pennington
Publisher : CUA Press
Page : 521 pages
File Size : 42,8 Mb
Release : 2016-09-09
Category : History
ISBN : 9780813229041

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The History of Courts and Procedure in Medieval Canon Law by Wilfried Hartmann,Kenneth Pennington Pdf

By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.

Renaissance and Renewal in the Twelfth Century

Robert L. Benson,Giles Constable,Carol Dana Lanham,Charles Homer Haskins
Renaissance and Renewal in the Twelfth Century Book PDF

Author : Robert L. Benson,Giles Constable,Carol Dana Lanham,Charles Homer Haskins
Publisher : University of Toronto Press
Page : 1434 pages
File Size : 51,8 Mb
Release : 1991-01-01
Category : Social Science
ISBN : 0802068502

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Renaissance and Renewal in the Twelfth Century by Robert L. Benson,Giles Constable,Carol Dana Lanham,Charles Homer Haskins Pdf

Twenty-seven authors approach the diverse areas of the cultural, religious, and social life of the twelfth century. These essays form a basic resource for all interested in this pivotal century. A reprint of the first edition first published in 1982.

Legal Flexibility and the Mission of the Church

Will Adam
Legal Flexibility and the Mission of the Church Book PDF

Author : Will Adam
Publisher : Routledge
Page : 264 pages
File Size : 45,5 Mb
Release : 2016-04-22
Category : Religion
ISBN : 9781317106272

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Legal Flexibility and the Mission of the Church by Will Adam Pdf

Legal scholars and authorities generally agree that the law should be obeyed and should apply equally to all those subject to it, without favour or discrimination. Yet it is possible to see that in any legal system there will be situations when strict application of the law will produce undesirable results, such as injustice or other consequences not intended by the law as framed. In such circumstances the law may be changed but there may be broad policy reasons not to do so. The allied concepts of dispensation and economy grew up in the western and eastern traditions of the Christian church as mechanisms whereby an individual or a class of people could, by authority, be excused from obligations under a particular law in particular circumstances without that law being changed. This book uncovers and explores this neglected area of church life and law. Will Adam argues that dispensing power and authority exist in various guises in the systems of different churches. Codified and understood in Roman Catholic and Orthodox canon law, this arouses suspicion in the Church of England and in English law in general. The book demonstrates that legal flexibility can be found in English law and is integral to the law of the Church, to enable the Church today better to fulfil its mission in the world.

The Oxford Handbook of European Legal History

Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey
The Oxford Handbook of European Legal History Book PDF

Author : Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey
Publisher : Oxford University Press
Page : 1264 pages
File Size : 49,7 Mb
Release : 2018-06-28
Category : Law
ISBN : 9780191088377

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The Oxford Handbook of European Legal History by Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey Pdf

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.