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
Total Pages: 521
Release: 2016-09-09
Genre: History
ISBN: 0813229049

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.

Divorce in Medieval England

Divorce in Medieval England
Author: Sara Margaret Butler
Publisher: Routledge
Total Pages: 207
Release: 2013
Genre: Family & Relationships
ISBN: 0415825164

Divorce, as we think of it today, is usually considered to be a modern invention. This book challenges that viewpoint, documenting the many and varied uses of divorce in the medieval period and highlighting the fact that couples regularly divorced on the grounds of spousal incompatibility.

Power and Justice in Medieval England

Power and Justice in Medieval England
Author: Joshua C. Tate
Publisher: Yale University Press
Total Pages: 270
Release: 2022-01-01
Genre: Law
ISBN: 0300163835

How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy--an "advowson"--was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy--which was a type of property--at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.

The Cambridge History of Medieval Canon Law

The Cambridge History of Medieval Canon Law
Author: Anders Winroth
Publisher: Cambridge University Press
Total Pages: 738
Release: 2022-01-27
Genre: History
ISBN: 1009063952

Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.

Marriage Litigation in Medieval England

Marriage Litigation in Medieval England
Author: Helmholz
Publisher: Cambridge University Press
Total Pages: 264
Release: 2007-03-26
Genre: History
ISBN: 9780521035620

This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.

The Records of the Medieval Ecclesiastical Courts

The Records of the Medieval Ecclesiastical Courts
Author: Donahue, Jr. (Charles)
Publisher:
Total Pages: 0
Release: 2013
Genre: Business & Economics
ISBN: 9783428480852

InhaltsverzeichnisInhalt: J. Sayers, The Records of the Courts of Judges Delegate in England - C. Donahue, Jr. / F.D. Logan, Canterbury - C. Donahue, Jr., York - C. Donahue, Jr. / R.H. Helmholz / D. Owen / J. Sayers, Other Diocesan and Lesser Church Courts.

Church Court Records

Church Court Records
Author: Anne Tarver
Publisher:
Total Pages: 168
Release: 1995
Genre: History
ISBN:

The first practical guide to understanding both Latin and English church court records.

Trustworthy Men

Trustworthy Men
Author: Ian Forrest
Publisher: Princeton University Press
Total Pages: 520
Release: 2020-03-31
Genre: History
ISBN: 0691204047

The medieval church was founded on and governed by concepts of faith and trust--but not in the way that is popularly assumed. Offering a radical new interpretation of the institutional church and its social consequences in England, Ian Forrest argues that between 1200 and 1500 the ability of bishops to govern depended on the cooperation of local people known as trustworthy men and shows how the combination of inequality and faith helped make the medieval church. Trustworthy men (in Latin, viri fidedigni) were jurors, informants, and witnesses who represented their parishes when bishops needed local knowledge or reliable collaborators. Their importance in church courts, at inquests, and during visitations grew enormously between the thirteenth and fifteenth centuries. The church had to trust these men, and this trust rested on the complex and deep-rooted cultures of faith that underpinned promises and obligations, personal reputation and identity, and belief in God. But trust also had a dark side. For the church to discriminate between the trustworthy and untrustworthy was not to identify the most honest Christians but to find people whose status ensured their word would not be contradicted. This meant men rather than women, and—usually—the wealthier tenants and property holders in each parish. Trustworthy Men illustrates the ways in which the English church relied on and deepened inequalities within late medieval society, and how trust and faith were manipulated for political ends.