Decretals and the Creation of the 'New Law' in the Twelfth Century


Book Description

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.




The Long Twelfth-Century View of the Anglo-Saxon Past


Book Description

Scholars have long been interested in the extent to which the Anglo-Saxon past can be understood using material written, and produced, in the twelfth century; and simultaneously in the continued importance (or otherwise) of the Anglo-Saxon past in the generations following the Norman Conquest of England. In order to better understand these issues, this volume provides a series of essays that moves scholarship forward in two significant ways. Firstly, it scrutinises how the Anglo-Saxon past continued to be reused and recycled throughout the longue durée of the twelfth century, as opposed to the early decades that are usually covered. Secondly, by bringing together scholars who are experts in various different scholarly disciplines, the volume deals with a much broader range of historical, linguistic, legal, artistic, palaeographical and cultic evidence than has hitherto been the case. Divided into four main parts: The Anglo-Saxon Saints; Anglo-Saxon England in the Narrative of Britain; Anglo-Saxon Law and Charter; and Art-history and the French Vernacular, it scrutinises the majority of different genres of source material that are vital in any study of early medieval British history. In so doing the resultant volume will become a standard reference point for students and scholars alike interested in the ways in which the Anglo-Saxon past continued to be of importance and interest throughout the twelfth century.




The Oxford History of the Laws of England: The Canon law and ecclesiastical jurisdiction from 597 to the 1640s


Book Description

"The Oxford History of the Laws of England" provides a detailed survey of the development of English law and its institutions from the earliest times until the twentieth century, drawing heavily upon recent research using unpublished materials.







The Canons of the Third Lateran Council of 1179


Book Description

Investigates papal government in the later-twelfth century, focusing on the decrees issued at papal councils, and their reception.




A Companion to the Medieval Papacy


Book Description

A Companion to the Medieval Papacy brings together an international group of experts on various aspects of the medieval papacy. Each chapter provides an up-to-date introduction to and scholarly interpretation of topics of crucial importance to the development of the papacy’s thinking about its place in the medieval world and of its institutional structures. Topics covered include: the Papal States; the Gregorian Reform; papal artistic self-representation; hierocratic theory; canon law; decretals; councils; legates and judges delegate; the apostolic camera, chancery, penitentiary, and Rota; relations with Constantinople; crusades; missions. The volume includes an introductory chapter by Thomas F.X. Noble on the historiographical challenges of writing medieval papal history. Contributors are: Sandro Carocci, Atria A. Larson, Andrew Louth, Jehangir Malegam, Andreas Meyer, Harald Müller, Thomas F.X. Noble, Francesca Pomarici, Rebecca Rist, Kirsi Salonen, Felicitas Schmieder, Keith Sisson, Danica Summerlin, and Stefan Weiß.




Priests of the Law


Book Description

Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.




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


Book Description

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.




The Secular Clergy in England, 1066-1216


Book Description

The secular clergy - priests and other clerics outside of monastic orders - were among the most influential and powerful groups in European society during the central Middle Ages. The secular clergy got their title from the Latin word for world, saeculum, and secular clerics kept the Church running in the world beyond the cloister wall, with responsibility for the bulk of pastoral care and ecclesiastical administration. This gave them enormous religious influence, although they were considered too worldly by many contemporary moralists - trying, for instance, to oppose the elimination of clerical marriage and concubinage. Although their worldliness created many tensions, it also gave the secular clergy much worldly influence. Contemporaries treated elite secular clerics as equivalent to knights, and some were as wealthy as minor barons. Secular clerics had a huge role in the rise of royal bureaucracy, one of the key historical developments of the period. They were instrumental to the intellectual and cultural flowering of the twelfth century, the rise of the schools, the creation of the book trade, and the invention of universities. They performed music, produced literature in a variety of genres and languages, and patronized art and architecture. Indeed, this volume argues that they contributed more than any other group to the Twelfth-Century Renaissance. Yet the secular clergy as a group have received almost no attention from scholars, unlike monks, nuns, or secular nobles. In The Secular Clergy in England, 1066-1216, Hugh Thomas aims to correct this deficiency through a major study of the secular clergy below the level of bishop in England from 1066 to 1216.