Papal Letters in the Early Middle Ages


Book Description

An examination of the transmission and spread of papal documents in the Latin West between the 4th and 9th centuries. These documents, which were collected from the 5th century onwards, became the basis of canon law. The second part of the volume discusses the prevalence of forged decress which were attributed to the earliest popes.







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.







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.




Popes, Bishops, and the Progress of Canon Law, C.1120-1234


Book Description

Bishops have always played a central role in the making and enforcement of the law of the Church, and none more so than the bishop of Rome. From convening and presiding over church councils to applying canon law in church courts, popes and bishops have exercised a decisive influence on the history of that law. This book, a selection of Anne J. Duggan's most significant studies on the history of canon law, highlights the interactive role of popes and bishops, and other prelates, in the development of ecclesiastical law and practice between 1120 and 1234. This emphasis directly challenges the pervasive influence of the concept of 'papal monarchy', in which popes, and not diocesan bishops and their legal advisers, have been seen as the driving force behind the legal transformation of the Latin Church in the twelfth and early thirteenth centuries. Contrary to the argument that the emergence of the papacy as the primary judicial and legislative authority in the Latin Church was the result of a deliberate programme of papal aggrandizement, the principal argument of this book is that the processes of consultation and appeal reveal a different picture: not of a relentless papal machine but of a constant dialogue between diocesan bishops and the papal Curia, in which the 'papal machine' evolved to meet the demand.




Papal Jurisprudence, 385–1234


Book Description

Explains the rise in demand for papal judgments from the 4th century to the 13th century, and how these decretals were later understood.




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 False Decretals


Book Description

The name "False Decretals," or "Decretals of the Pseudo-Isidore," is given to certain apocryphal papal letters contained in a collection of canon laws composed about the middle of the ninth century by an author who employs the pseudonym of Isidore Mercator. The forged letters number about one hundred, and many fragments of them found their way into the "Corpus Iuris Canonici." Their chief purpose was to win respect for the Episcopal authority, not to increase the power of the papacy, as Protestants have claimed. There is a good account of the whole matter in Vol. V of the Catholic Encyclopedia. But we have hitherto lacked a satisfactory English treatise in book form. This need has now been supplied by Mr. E. H. Davenport, a non-Catholic lawyer, whose book on "The False Decretals" (Oxford: Blackwell), according to the Catholic Book Notes (London, No. 225, p. 82), is "the most complete answer to the common Protestant calumny about the influence of the False Decretals on the papacy that could be desired by any Catholic apologist." Mr. Davenport's conclusions are summarized by our esteemed contemporary as follows:- The forged texts fall into three classes-defensive, against aggression of the State in Church matters; constructive, about the administration of Church authority; aggressive, which, if urged, would lead to the supremacy of the Church over the State. Pseudo-Isidore is in no way concerned to magnify the papal office-indeed, in one point, his desire to restore primates is rather against the papacy. Nor does' he make anything of the Donatio Constantini. His chief objects are defence of bishops and priests, and attacks on chorepiscopi and metropolitans. In no point was his work of any influence till the eleventh century. As far as the popes are concerned, they did not use the False Decretals, because they did not need them; there were already plenty of authentic documents from which they could quote. Thus Nicholas I and Adrian II quote decrees of former popes, not according to Pseudo-Isidore, but from authentic sources. "The False Decretals were based upon ancient custom: so were the doctrines of papal supremacy: there was no need for them to be based on the False Decretals" (p. 57). It was only in the eleventh century, when the Church had already established all the rights that Pseudo-Isidore gives her, that he begins to be quoted as confirming what was already known.... -The Fortnightly Review, Volume 24 [1917]