The History of Courts and Procedures in Medieval Canon Law ed. by Wilfried Hartmann and Kenneth Pennington (review)

In the last of his annual discourses to the Sacred Roman Rota, given on January 28, 1978, Pope St. Paul VI drew attention to the importance of the Church’s procedural law, describing it as “the fruit of tested experience” (cf. AAS 70 [1978] 182). This volume eloquently and irrefutably illustrates that pontifical declaration by a series of unique and complementary essays—in the form of 12 chapters—on the ecclesiastical judiciary and the judicial process in its dynamic evolution during the medieval period.

Many of the chapters in this book address the history of what is called, in our contemporary canonical doctrine, the pars statica of the judicial process. Charles Donahue, Jr. explains the history of the major officials and structures of the judiciary (“The Ecclesiastical Courts: Introduction,” 247– 299). Brigide Schwarz treats the judicial dimensions of the Roman Curia from its inception until the beginning of the fourteenth century (160–228). Charles Duggan examines the figure of the judge delegate (229–243). James A. Brundage explains the medieval incidence of the offices of advocate, proc[ura]tor, and notary, describing their qualifications, formation, and financial arrangements (“The Practice of Canon Law,” 51–73). And Barbara Deimling illustrates the close connections between the sacred and the judicial, highlighting the principle “factum ante portam Ecclesiae” to show that judicial and other legal activity frequently took place in church portals, which had ceremonial, artistic and architecture implications; and even when the secular government set up its own venues for judgment, some sacred imagery remained influential even there (“The Courtroom. From Church Portal to Town Hall,” 30–50).

Three chapters together treat the history of the pars dynamica of the process. Two by Kenneth Pennington give an overview of the accusatorial, inquisitorial and summary processes (“Introduction to the Courts,” 3–29) and a fascinating chronicle of the contributions of medieval proceduralists toward understanding the notion and elements of the judicial process (“The Jurisprudence of Procedure,” 125–159). And Charles Donahue, Jr. offers a general history of the civil or contentious process, both from the Roman law itself and in the medieval common law (“Procedure in the Courts of the Ius commune,” 74–124).

The four final chapters (300–462) describe, respectively, medieval judicial activity in France and the region, England, Spain, and Eastern Central Europe. The final is written by His Eminence Péter Cardinal Erdő—a historian and jurist well known to medievalists and modern canonists alike. The book concludes with a lengthy bibliography and index that are quite interesting in themselves.

This highly scholarly work is not only an attractive addition to one’s personal library—being bound in a burgundy hardcover with gold lettering. It is also sure to enrich one’s appreciation of the judicial culture of the medieval period and stimulate the scholar of law to engage in more profound research.