The History of Courts and Procedure in Medieval Canon Law

The History of Courts and Procedure in Medieval Canon Law

Author: Wilfried Hartmann

Publisher: CUA Press

Published: 2016-09-09

Total Pages: 521

ISBN-13: 0813229049

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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.


A Contrite Heart

A Contrite Heart

Author: Abigail Firey

Publisher: BRILL

Published: 2009

Total Pages: 313

ISBN-13: 9004178155

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Between the middle of the eighth century and the late ninth century in western Europe, the course of legal history was shaped by interaction with religious ideas, especially with regard to the meaning of confession, suffering, and the balance of protections for an accused individual and the welfare of the community. This book traces those themes through a selection of Carolingian texts, such as archbishop Hincmar's legal analysis of a royal divorce, the decrees of church councils, the biography of a Saxon holy woman, anti-Judaic treatises, and Hrotswitha's dramatisation of the legend of Thaïs, in order to make audible the lively debates over the boundaries of clerical and lay authority, the nature and extent of permissible intervention in the spiritual condition of the empire's inhabitants, and distinctions between the private and public domains. This work thus reveals the profound relation between law and penitential ideologies promoted by the Carolingian imperial court.


Canonical Collections of the Early Middle Ages (ca. 400-1140)

Canonical Collections of the Early Middle Ages (ca. 400-1140)

Author: Lotte Kéry

Publisher: CUA Press

Published: 1999

Total Pages: 356

ISBN-13: 9780813209180

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Contains a bibliographical survey of the chronological and systematic canonical collections in the Latin West from the beginnings of Christianity to Gratian's Decretum (ca. 1140). Dr. Kéry not only has compiled a catalogue of early medieval canonistic manuscripts, but has included valuable information about them. For each collection she has described its type and contents, the time and place of compilation, and, when, possible, its author. Full bibliographies have been provided for each collection, arranged in chronological order. Scholars will find her work particularly useful since she has also noted where scholars have differed and where their opinions may be found. Special attention has been paid to the numerous recensions of the collections. She has given a separate entry for important recensions and has lists of fragments and abbreviated forms of the collections.


Penance in Medieval Europe, 600-1200

Penance in Medieval Europe, 600-1200

Author: Rob Meens

Publisher: Cambridge University Press

Published: 2014-07-17

Total Pages: 293

ISBN-13: 052187212X

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An up-to-date overview of the functions and contexts of penance in medieval Europe, revealing the latest research and interpretations.


Conscience and Authority in the Medieval Church

Conscience and Authority in the Medieval Church

Author: Alexander Murray

Publisher: OUP Oxford

Published: 2015-07-02

Total Pages: 219

ISBN-13: 0191056073

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Alexander Murray has long had an intellectual interest in the history of religion - struggling between his inbuilt anti-clericism and his pronounced monastic leanings. The five essays in Conscience and Authority in the Medieval Church take on this dialectic, addressing the difficult relationship between private conscience and public authority in the twelfth and thirteenth centuries. In any organization, political, military, commercial, or religious, the relationship of conscience and authority is always potentially fraught, and can create dilemmas both for those in authority and those without. This volume records how our European predecessors approached and dealt with the same dilemmas as we face in the modern world.


The Didascalia Apostolorum

The Didascalia Apostolorum

Author: Alistair Stewart-Sykes

Publisher:

Published: 2009

Total Pages: 0

ISBN-13: 9782503529936

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The Didascalia apostolorum is one of the ancient church orders, setting out the duties and responsibilities of laypeople, bishops and widows, regulating the keeping of Pascha and engaging in polemic with Judaism. It is a work of extraordinary interest for the history of the church in Syria, as a document of social and liturgical history and as a document bearing witness to relations between Christians and Jews. Alistair Stewart-Sykes presents the text in a readable English version which takes full account of the various textual witnesses. Of particular importance is the introduction. The Didascalia is conventionally ascribed to a single hand in third-century Syria, but here an entirely new compositional hypothesis is proposed in which the work is shown to be composite and to include sources of much greater antiquity than the period of final redaction. In the light of the compositional hypothesis there are radically new discussions of ministry (including the ministry of widows), relationships with Judaism, and liturgy (including the penitential process). Beyond this the introduction engages with the social context in which these developments emerged. The work is suitable for a wide audience. The translation will be useful to undergraduate and graduate students whereas the introduction and commentary will be of interest to scholars in ecclesiastical history, historical liturgy, forming Judaism and Jewish-Christian relations as well as Syriac studies. The author, Alistair Stewart-Sykes, is well-known in the field having produced the first critical text for over a century of the Apostolic church order and the first full-length commentary on the Apostolic tradition.


Shaping Church Law Around the Year 1000

Shaping Church Law Around the Year 1000

Author: Greta Austin

Publisher: Ashgate Publishing, Ltd.

Published: 2009

Total Pages: 366

ISBN-13: 9780754650911

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"Drawing upon new manuscript discoveries, the author shows how Burchard tried to create a new text that would address these problems. He carefully selected and compiled canons from earlier collections and then went on to tamper systematically with the texts he had chosen. By doing so, he created a book of church law that appeared to be based on indisputable authority, that was internally consistent and that was easy to apply through logical extrapolation to new cases. The present study thus provides a window into the development of legal and theological reasoning in the medieval West, and suggests that, thanks to the work of ambitious bishops, the flowering of law and theology began far earlier, and for different reasons, than scholars have heretofore supposed."--BOOK JACKET.


Encyclopedia of Ancient Christianity, Vol. 1. A-E

Encyclopedia of Ancient Christianity, Vol. 1. A-E

Author: Angelo Di Berardino

Publisher: IVP Academic

Published: 2014-02-03

Total Pages: 0

ISBN-13: 9780830829408

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The Encyclopedia of Ancient Christianity covers eight centuries of the Christian church and comprises 3,220 entries by a team of 266 scholars from 26 countries representing a variety of Christian traditions. It draws upon such fields as archaeology, art and architecture, biography, cultural studies, ecclesiology, geography, history, philosophy, and theology. This edition updates and expands on previous Italian and English-language editions with the addition of more than 500 new articles (added to the current Italian or English edition). Extensive cross-referencing provides ease in exploring related articles, and helpful bibliographies, including primary sources (texts, critical editions, translations) and key secondary sources (books and journal articles), give access to in-depth scholarship in countless disciplines of study. --From publisher's description.