Decretals and the Creation of the 'New Law' in the Twelfth Century: Judges, Judgements, Equity and the Law, 1st Edition (Hardback) book cover

Decretals and the Creation of the 'New Law' in the Twelfth Century

Judges, Judgements, Equity and the Law, 1st Edition

By Charles Duggan


358 pages

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Hardback: 9780860786801
pub: 1998-04-23

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In this second volume of studies on 12th-century canon law, Charles Duggan emphasises the European context of the emergence of the ius novum, the new law of the Western church, based on specific cases and informed by the academic learning of the schools where canon law was taught as a scholarly discipline. The themes range from marriage and forgery to regional applications, with studies on decretals to Hungary and Archbishop Roger of York respectively, Italian marriage decretals, the impact of the Becket dispute, litigation involving English secular magnates and the crown culminating with a perceptive analysis of the role of judges delegate in the formation and application of the new principles of law and jurisprudence which the practice of local courts and appeals to the papacy brought into being. Significant light is thrown on English collectors, judges, and secular and ecclesiastical litigants. Wherever possible, calendars are provided, often with more accurate identifications and dating, and based on the fullest manuscript sources.


'This Variorum collection brings together for the first time Duggan’s most important core soundings� in the mass of decretals.' Studia Canonica, Vol. 33, No. 1

Table of Contents

Contents: Introduction; Papal judges delegate and the making of the ’New Law’ in the 12th century; St Thomas of Canterbury and aspects of the Becket dispute in the decretal collections; Decretals of Alexander III to England; English secular magnates in the decretal collections; Decretal letters to Hungary; Italian marriage decretals in English collections: with special reference to the Peterhouse collection; The case of Bernard of Osma: royal influence and papal authority in the diocese of Osma; Improba pestis falsitatis: forgeries and the problem of forgery in 12th-century decretal collections (with special reference to English cases); Equity and compassion in papal marriage decretals to England; Addenda; Index.

About the Series

Variorum Collected Studies

The first title in the Variorum Collected Studies series was published in 1970. Since then well over 1000 titles have appeared in the series, and it has established a well-earned international reputation for the publication of key research across a whole range of subjects within the fields of history.

The history of the medieval world remains central to the series, with Byzantine studies a particular speciality, but the range of titles extends from Hellenistic philosophy and the history of the Roman empire and early Christianity, through the Renaissance and Reformation, up to the 20th century. Islamic Studies forms another major strand as do the histories of science, technology and medicine.

Each title in the Variorum Collected Studies series brings together for the first time a selection of articles by a leading authority on a particular subject. These studies are reprinted from a vast range of learned journals, Festschrifts and conference proceedings. They make available research that is scattered, even inaccessible in all but the largest and most specialized libraries. With a new introduction and index, and often with new notes and previously unpublished material, they constitute an essential resource. 

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Subject Categories

BISAC Subject Codes/Headings:
HISTORY / General