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IMC 2010: Sessions

Session 1326: Canon Law, V: Law, Jurisdiction, and Society

Wednesday 14 July 2010, 16.30-18.00

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 1326-aThe Archipoet of Barbarossa's Time: A Canonist from Cologne - On Canon Law and Medieval Latin Literature in the 12th Century
(Language: English)
Peter Landau, Stephan Kuttner Institute of Medieval Canon Law, Ludwig-Maximilians-Universität München
Index terms: Canon Law, Ecclesiastical History, Language and Literature - Latin, Mentalities
Paper 1326-bZelig in the 14th Century: The Cantilupes and the Law
(Language: English)
Frederik Pedersen, School of History, Divinity & Philosophy, University of Aberdeen
Index terms: Canon Law, Ecclesiastical History, Language and Literature - Latin, Mentalities
Paper 1326-cEpiscopal Jurisdiction in Late Medieval Sweden: The Diocese of Linköping and Bishop Hans Brask's Register (1522-27)
(Language: English)
Mia Korpiola, Faculty of Law, University of Helsinki
Index terms: Canon Law, Ecclesiastical History, Language and Literature - Latin, Mentalities
Abstract

Paper -a:
The Archipoet is well known to medievalists as probably the most excellent poet in medieval latin. We know about him by 10 poems, written between 1160 and 1165, all of them in a certain connection to Ronald of Dossel, the controversial archbishop of Cologne. One of these poems is still popular in German translation as a drinking-song, anopther one is praising Frederick Barbarossa and his imperial policy. Until now this anonymous poet could not be identified. But it can now be argued that the archipoet was the schoolmaster Geoffrey (Gottfried) of the collegiate Church St Andrew in Cologne, mentioned in the Dialogues of Cesarius from Heisterbach.
Geoffrey was also the author of two Summae commenting upon Gratians Decretum around 1170. The Summae are major works from the Rheinish school of Canon Law founded by Gerard Pucelli.

Paper -b:
The paper investigates the interactions between the two major laws of the Middle Ages, secular and canon, and the Cantilupe family, from William Second Baron Cantilupe, to the end of the Baronial line, another William Cantilupe who was murdered in 1375. Throughout their lives these three generations of Cantilupes interacted frequently with both the canon and secular laws: Nicholas, third Baron Cantilupe summoned the archbishop of Canterbury to appear before Edward III, conducted royal inquisitions (and famously forced the sheriff of Lincoln to admit that he had stolen a beached whale from Sir Ralph Hastings), arranged the translation of St Thomas of Hereford and endowed the Altar of St Nicholas in Lincoln Cathedral. Mysteriously, his son William appears hardly at all in the historical record and was passed over in the Cantilupe succession (an incident I hope to shed more light on). William's son, Nicholas, who would have been fourth baron Cantilupe had he lived, broke the law in several ways and answered for his actions in several jurisdictions, both secular and ecclesiastical, while Nicholas' brother, William was murdered by his wife and, most likely, his brother's father in-law after a brief, but eventful, life which saw him on campaigns in France and, briefly incarcerated (unjustly) for the murder of his brother who died of natural causes in Avignon in 1370. The paper will shed new light on this important English baronial family, its history, and its use of the medieval system of laws.

Paper -c:
In this paper, I will investigate the litigation in the register (1522–1527) of Bishop Hans Brask of Linköping (Sweden) from a comparative perspective. The register of Bishop Brask (episcopate 1513–1527) represents a unique survivor from the Swedish ecclesiastical court records. Therefore, it cannot be known whether it is a representative specimen of Swedish late medieval ecclesiastical court practice. The register contains episcopal correspondence but also very short entries on legal disputes dealt with or adjudicated by the bishop.

I will be analysing the extent of the episcopal jurisdiction in Sweden based on the evidence. The boundaries of ecclesiastical and secular jurisdiction will be touched on the one hand. On the other hand, I will also be discussing what the register suggests of the competence of other ecclesiastical courts like the so-called 'dean's assizes'. This study approaches the Swedish cases mainly quantitatively, although some qualitative points are made from a comparative perspective.