IMC 2009: Sessions

Session 1326: Canon Law, VI: Doctrine and Procedure

Wednesday 15 July 2009, 16.30-18.00

Sponsor:Church, Law & Society in the Middle Ages (CLASMA) Research Network
Organiser:Peter Douglas Clarke, Department of History, University of Southampton
Moderator/Chair:Anne J. Duggan, Department of History, King's College London
Paper 1326-a'Differentia est': A 12th-Century 'Summula' on Anathema and Excommunication
(Language: English)
Bruce C. Brasington, Department of History & Geography, West Texas A&M University, Canyon
Paper 1326-bThe Decretist Summa 'Permissio quedam': The Nature of its Text and Legal Theories
(Language: English)
Tatsushi Genka, Stephan Kuttner Institute of Medieval Canon Law, Ludwig-Maximilians-Universität München
Paper 1326-cThe Origin of Civil Procedure Treatises in Durham during the 12th Century
(Language: English)
Peter Landau, Stephan Kuttner Institute of Medieval Canon Law, Ludwig-Maximilians-Universität München
Paper 1326-dCanon Procedural Law in Prague at the Beginning of the Hussite Revolution: Processus iudiciarius secundum stilum Pragensem
(Language: English)
Dominik Budský, Katolické teologické fakulty, Univerzita Karlova, Praha
Index terms: Administration, Canon Law, Ecclesiastical History, Manuscripts and Palaeography
Abstract

Paper -a:
The paper examines a previously unstudied anonymous tract on excommunication and anathema preserved in Cambridge, UL Add. 3321, fol. 3r. This treatise likely dates from the period shortly after 1150. A variety of theological and legal arguments are woven together to treat the distinction between anathema – the permanent exclusion of a Christian from communion – and excommunication, a state that could be remedied through appropriate penance. Particular attention is paid to the bishop’s role as judge in these matters, including a great deal of caution about the abuse of his sacramental/legal power. The paper will present a diplomatic edition of the treatise, analysis of its material and formal sources, and a brief discussion of its place within the literature of penance in canon law in the middle of the 12th century.

Paper -b:
I would like to talk about the decretist Summa ‘Permissio quedam’ which I am editing now. I shall discuss the nature of the text of the Summa as we have in three extant manuscripts and also some characteristics of its legal theories as compared especially with Italian decretists.

Paper -c:
Special treatises on civil procedure referring to Roman and Canon law were written in many countries of Europe during the second half of the 12th century, called Ordines iudiciorum or Ordines iudiciarii. This type of legal literature did not originate in Bologna.
The oldest Bolognese Ordo, written around 1190, had as its author the English canonist Ricardus Anglicus from Lincoln. The first Ordo, called Ulpianus de edendo was already written around 1153/57, probably in the episcopal city of Durham, at that time belonging to Scotland. Its author might be sought in the entourage of Bishop Hugh Puiset of Durham. This Ordo was certainly also written by a canonist who had some knowledge of Gratian’s Decretum. The field of civil procedure was first defined by the English canonists of the 12th century.

Paper -d:
Processus iudiciarius secundum stilum Pragensem was a very useful practical vademecum of canon procedural law, which is testified by many preserved manuscripts in European libraries (It is known in 15 manuscripts in 12 libraries in the whole Europe by now). It was used by archiepiscopal clerks and students of law in The University of Prague as a ‘coursebook’.
Processus has a quite simple and obvious structure, which accents its didactical role. The author teaches about essential parts of process step by step, describes acts of quarrel’s parts, notary, and judge. Text does not contain any citations of theological or other ‘authorities’, which were very popular in The Medieval Ages, but in this case would make the whole text too complicated. It is possible to say, that this writing is, thanks to above mentioned reasons, quite unique minimally in The Bohemian Kingdom but possibly in broader milieu too. The author of paper researches nearly all manuscripts, prepares critical edition and contextualizes it to iuridical and administrative connections of period at the beginning of Hussite revolution. The paper contains general information about church courts and canon procedural law in The Prague Archbishopric, basic information about its author Nicolaus Puchnik and researches the writing in detail.