Cover

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Half Title, Series Page, Title Page, Copyright

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Contents

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pp. v-vi

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Preface

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pp. vii-viii

Understanding the rules of procedure and the practices of medieval and early modern courts is a subject that is of great importance for historians of every stripe. The authors and editors of this volume wish to present readers with a description of court procedure, the sources for investigating the work of the courts, ...

Abbreviations

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pp. ix-xii

Short Titles

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pp. xiii-xiv

Part 1. Judicial Procedure and Practice in the Medieval Church, 1100–1500

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1. Introduction to the Courts

Kenneth Pennington

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pp. 3-29

The essays in this volume deal with the courts of medieval and, by extension, early modern Europe. Barbara Deimling illustrates the places, public and otherwise, where courts were held. James Brundage discusses the education, training, and ethics of the judges, lawyers, and notaries who participated in trials. ...

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2. The Courts: From Church Portal to Town Hall

Barbara Deimling

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pp. 30-50

From the time of Charlemagne to the fifteenth century, the sites of the law courts in which legal activities were held in Italy and Germany varied in number and location as much as the institutions claiming jurisdiction.1 In his Sachsenspiegel, Eike of Repgow (c. 1180–c. 1233) maintained that ‘the judge may dispense justice at all places’.2 ...

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3. The Practice of Canon Law

James A. Brundage

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pp. 51-73

Trained jurists began practicing law during the first half of the twelfth century.1 During the second half of the twelfth century, references to individuals who furnished legal advice to litigants in the ecclesiastical courts and spoke on behalf of the parties in contentious proceedings appear with increasing frequency in contemporary records.2 ...

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4. Procedure in the Courts of the Ius commune

Charles Donahue Jr.

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pp. 74-124

There are two general chapters in this book on procedure and an introduction that also deals generally with the topic. Perhaps the easiest explanation for this proliferation is that the topic is too important to be left to one treatment. Pennington’s ‘Introduction’ is an overview of the three main ways in which courts dealt with criminal defendants: ...

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5. The Jurisprudence of Procedure

Kenneth Pennington

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pp. 125-159

During the past thirty years legal historians have studied the establishment of the Romano-canonical procedure, the ‘ordo iudiciarius’ or ‘ordo iudiciorum’, in ecclesiastical and secular courts throughout Europe and have illuminated how and why it replaced older modes of proof.1 ...

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6. The Roman Curia (until about 1300)

Brigide Schwarz

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pp. 160-228

The history of the Roman Curia1 that I will write will not be the usual one that deals with papal ‘bureaucracy’ (avant la lettre, at least for the earlier periods), but rather that of a medieval court that was admittedly sui generis.2 ...

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7. Judges Delegate

Charles Duggan

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pp. 229-244

From their inception, the decretal collections reflected the evolution of papal jurisdictional authority and recorded its application through the office of delegated judges. With the exception of recent conciliar legislation, the collections were compiled very largely from commissions to judges delegate. Almost every commission related in some way to canonical doctrine and procedure. ...

Part 2. The Structure and Practice of the Courts in Several Lands

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8. The Ecclesiastical Courts: Introduction

Charles Donahue Jr.

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pp. 247-299

Historians of medieval canon law in the twentieth century paid less attention to case material (with the exception of papal decretals) than they did to legislative and doctrinal material, less attention to archival material than to manuscript material. The reasons for this relative neglect of case and archival material are complicated and need not concern us here. ...

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9. France and Adjoining Areas

Charles Donahue Jr., Sara McDougall

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pp. 300-343

This chapter discusses the late medieval ecclesiastical courts in continental western Europe from the North Sea to the Pyrenees, from the Atlantic to the modern borders of Germany and Italy. It thus includes the modern Netherlands, Belgium, and Switzerland, in addition to modern France.1 ...

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10. Local Ecclesiastical Courts In England

R. H. Helmholz

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pp. 344-391

This chapter describes the main features of the canon law as they were put into practice within the courts of the medieval English church. It is based primarily upon evidence found in the surviving records of these courts, but it also attempts to relate practice to the formal canon law that is described in other contributions to this volume. ...

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11. Ecclesiastical Procedure in Medieval Spain

Antonio García y García

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pp. 392-425

A first draft of this essay was written almost twenty years ago, but Father García’s health prevented him from bringing it completely up-to-date. Since then, two developments have taken place that are not reflected here. (1) The Church Court Records Working Group has published a very preliminary survey of the surviving medieval church court records in Spain.1 ...

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12. Ecclesiastical Procedure in Eastern Central Europe

Péter Cardinal Erdő

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pp. 426-462

The present volume is primarily concerned with presenting Latin canon law, yet it is well known that Latin ecclesiastical legal culture did not totally predominate in Eastern Europe; the West had frontiers where Latin culture ceased. This chapter deals with the eastern portion of Central Europe, where territories of Latin culture were located east of German and Italian territories (the Empire).1 ...

Selected Bibliography

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pp. 463-496

General Index

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pp. 497-506