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IMC 2010: Sessions

Session 1226: Canon Law, IV: Papal and Episcopal Authority in the 12th Century

Wednesday 14 July 2010, 14.15-15.45

Sponsor:Church, Law & Society in the Middle Ages (CLASMA) Research Network
Organisers:Peter Douglas Clarke, Department of History, University of Southampton
Kathleen Cushing, Department of History, Keele University
Moderator/Chair:Peter Douglas Clarke, Department of History, University of Southampton
Paper 1226-aLocal Concerns and Papal Legislation in the Later 12th Century
(Language: English)
Danica Summerlin, Queens' College, University of Cambridge
Index terms: Canon Law, Ecclesiastical History, Manuscripts and Palaeography, Sexuality
Paper 1226-bAlexander III and Marriage: Dauvillier and Donahue Revisited
(Language: English)
Anne J. Duggan, Department of History, King's College London
Index terms: Canon Law, Ecclesiastical History, Manuscripts and Palaeography, Sexuality
Paper 1226-cTangled Wool: The Knotty Transmission of the Pallium Regulations of John VIII
(Language: English)
Steven A. Schoenig, Department of History, Saint Louis University, Missouri
Index terms: Canon Law, Ecclesiastical History, Manuscripts and Palaeography, Sexuality
Abstract

Paper -a:
This paper explores an aspect of the intellectual origins of conciliar canons in the later 12th century. In light of the emphasis of recent historiography on the numerous contemporary papal decretals forming responses to local initiatives, questions can be raised over diocesan influence on the content of papal conciliar canons. This paper will therefore examine the relationship between the legislation promulgated by Alexander III's 1179 Lateran Council and the letters of advice sent by Alexander to bishops across Latin Christendom, in order to clarify the extent to which local concerns directly affected the 'papal' conciliar decrees.

Paper -b:
More than any other topic, Alexander III's contribution to the development of the canon law of marriage has attracted the interest of historians. It is hard indeed to overestimate the cumulative significance of his numerous rescripta and responsa, since they constitute the overwhelming majority of the auctoritates in Compilatio prima (1189 x 91) and more than half of those in the Liber Extra (Decretales), promulgated by Gregory IX in 1234. But for more than a century there has been debate about the consistency of Alexander's 'teaching', a debate which two great historians of Christian marriage law (Dauvillier and Donahue) sought to resolve with a theory of development through at least three or at most five chronological phases. This paper will examine the thesis and propose a different explanation for the 'inconsistencies'.

Paper -c:
Canonists of the Gregorian Reform, eager to bolster the rights of the papacy over the episcopate, repeated certain laws that regulated the acquisition and use of the pallium. This woollen band, an insigne and vestment shared by the popes with other bishops as a sign of honour and communion, had become a gift that controlled and subordinated its recipients. Despite their attributions to ancient popes, the pallium regulations can be traced back to two councils of Pope John VIII in the late 9th century. These councils' relationship to one another and transmission to the 11th century are shrouded in obscurity.