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Understanding the rules of procedure and the practices of medieval and early modern courts is of great importance for historians of every stripe. The authors and editors of this volume present readers with a description of court procedure, the sources for investigating the work of the courts, the jurisprudence and the norms that regulated the courts, as well as a survey of the variety of courts that populated the European landscape. Not least, the authors wish to show the relationship between the jurisprudence that governed judicial procedure and what happened in the court room. 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.
In this first volume of the new History of Medieval Canon Law series, Lotte Kéry presents a bibliographical survey of the chronological and systematic canonical collections in the Latin West from the beginnings of Christianity to Gratian's Decretum (ca. a.d. 1140). Divided into three large chronological periods-Early Medieval, Carolingian, and Gregorian Reform-the book includes a catalogue of early medieval canonistic manuscripts and valuable information about them. For each collection, Kéry has described its type and contents, the time and place of compilation, and when possible, its author. In addition, full bibliographies have been provided for each collection. Lotte Kéry is an historian at the Leopold-Wenger-Institut in Munich. "This book will be an essential reference tool for scholars in this area of study."--American Reference Books AnnualANNOUNCING A NEW SERIES History of Medieval Canon LawWilfried Hartmann and Kenneth Pennington, Editors This new series brings together a group of distinguished scholars to present a unified history of medieval canon law from the earliest time to 1500. During the last century, legal historians discovered that medieval canon law influenced almost all parts of medieval and early modern life and thought. It attracted some of the best minds of the period, thereby creating a jurisprudence of great sophistication. By combining the history of canon law with the history of the law's influence and impact on the Church, the authors have produced a groundbreaking work of scholarship that will interest a wide audience and, at the same time, be a valuable tool of reference."This is the first volume to appear in the long-awaited History of Medieval Canon Law, edited by Wilfried Hartmann and Kenneth Pennington. It is a piece of meticulous research, which bodes very well indeed for the ten volumes still to come. . . . It will be of use to scholars of the medieval period in general, identifying major collections of canonical material intended for ecclesiastical use; but it will also serve as a guide to the authors of the subsequent studies in the series, enabling them to 'dispense with similar lists' in their own works. . . . Its value to the medieval historian is all the greater because of the vast secondary material provided for individual collections or canonists. . . . This is an impressive bibliographical tool, whose usefulness will extend far beyond the purpose for which it was produced."--The Heythrop Journal"An invaluable bibliographical guide, listing all the substantial collections before Gratian known to modern scholarship with an indication of the history of their publication, and of the widely scattered studies in which the essential material for their understanding is to be found."--Journal of Ecclesiastical History"A superb guide to Latin canon law collections produced before the year 140. . . . For the more seasoned explorers of canon law, and for diligent neophytes alike, Kery's book is an invaluable guide. . . . Kery and her collaborators have created an indispensable guide to the study of medieval canon law collections."--Speculum"An exemplary work of metascholarship, a comprehensive presentation of manuscript information derived from hundreds of books and articles written by European and American scholars over the last century. The information is well-presented: controversial issues under the various rubrics are supported with the evidence and citations to the bibliography. . . . For scholars working in medieval canon law before Gratian, this will be an indispensable work."--The Medieval Review" Kery's work . . . is the result of such prodigious scholarship, such indefatigable patience, and such painstaking compilation that it serves as a comprehensive guide both to what has been do
"This monograph addresses the history of canon law in Western Europe between ca. 1000 and ca. 1150, specifically the collections compiled and the councils held in that time. The main part consists of an analysis of all major collections, taking into account their formal and material sources, the social and political context of their origin, the manuscript transmission, and their reception more generally"--
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