In Order in the Court, Brasington translates and comments upon the earliest medieval treatises on ecclesiastical legal procedure. Beginning with the eleventh-century “Marturi Case,” the first citation of the Digest in court since late antiquity and the jurist Bulgarus’ letter to Haimeric, the papal chancellor, we witness the evolution of Roman-law procedure in Italy. The study then focusses on Anglo-Norman works, all from the second half of the twelfth century. The De edendo, the Practica legum of Bishop William of Longchamp, and the Ordo Bambergensis blend Roman and canon law to guide the judge, advocate, and litigant in court. These reveal the study and practice of the learned law during the turbulent “Age of Becket” and its aftermath.
An updated and expanded version of the original edition, published in 1998. That original edition went up through 1245. This new version extends to 1317 and adds two important prefaces. Praise for the First Edition “Both students and specialists can be grateful to the authors for this major contribution in English to the study of medieval canon law. It is a clear statement--one emphasized by the late John Gilchrist-that because of its critical importance in medieval life and culture canon law should not remain the obscure domain of specialists, but should be shared with students and non-specialists alike.” – The American Journal of Legal History “[A] learned and useful book, which for the first time assembles a body of canonistic prefaces, presents them in an accessible form, and provides students of medieval canonical thought with a valuable new resource for study and teaching.” – The Catholic Historical Review “This volume is an important and welcome addition to a field of studies where translations into English are few and far between. The breadth of the works selected, the quality of the translations, and the attention to detail that has long characterized the work of both editors make this a valuable resource for specialist and student alike.” – Church History “A welcome combination: a text that is informative for students and professionals alike. The translations succeed in rendering accessible to a general audience some otherwise highly inaccessible material. Somerville and Brasington are to be greatly commended for undertaking this very original enterprise and bringing it to successful parturition.” – Journal of Law and Religion “Somerville and Brasington have chosen to let their compilers and commentators speak for themselves. In doing so, they have had to wrestle with often obscure Latin and frequently less than satisfactory editions. That they succeed in making these texts intelligible through translation and annotation is no small feat.” – Sixteenth Century Journal “This is a significant, elegantly presented contribution to the field of theology, cultural history, and canon law.” – Theological Studies
The essays in this volume in honour of Martin Brett address issues relating to the compilation and transmission of canon law collections, the role of bishops in their dissemination, as well as the interpretation and use of law in the eleventh and twelfth centuries. The studies are grouped thematically under the headings 'Bishops and Their Texts', and 'Texts and the Use of Canon Law'. These reflect important areas of contention in the historiographical literature and hence will further the debates regarding not simply the compilation and dissemination of canonical collections in the earlier middle ages, but also the development of the practical application of canon law within Europe, especially after c.1080. Individually, the contributors offer new viewpoints on key issues and questions relating to the creation of canonical texts, their transmission and use on both sides of the English Channel in the decades either side of the year 1100. Collectively, the essays explore the methods and motives of compilers, assess the use of law, find readers both in the compilation of texts and within their margins, and - perhaps most importantly - speculate where possible about the living communities in which these texts were compiled, copied and used.
The Prologue to Bishop Ivo of Chartres' Decretum and Panormia has long been recognized as a seminal text in medieval canon law. It can be fairly called the first extended treatment of ecclesiastical jurisprudence. In its attention to categories of law and context, it also demonstrates the nascent scholastic method. This treatise on the tension between rigor and mercy in judgment - and how they could be reconciled through dispensation - spoke not only to legal and theological concerns of the early twelfth century but also to enduring questions about the nature and limits of ecclesiastical law. This book offers the first critical edition of the text based not only on extensive examination of the manuscripts but also the sources Ivo used in its composition. This enables a detailed examination of the text, which, from start to finish, reveals Ivo's conviction that love, caritas, was the essence of canon law.
Published in honor of Bruce C. Birch upon his retirement as academic dean, this text contains a series of essays from professors at Wesleyan Theological Seminary.
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