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By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.
Inhaltsverzeichnis Inhalt: O. Hageneder / C. Haidacher / K. Lindner / H. Weigl, Österreich (Kirchenprovinz Salzburg) - M. Vleeschouwers-Van Melkebeek, Belgium - C. Donahue, Jr. / A. Lefebvre-Teillard, France - K. Lindner, Germany - P. Erdö, Ungarn (Kirchenprovinzen von Esztergom und Kalocsa) - G. Minnucci, Italia - C. de Glopper-Zuijderland, The Netherlands - I. da Rosa Pereira, Portugal, - R.H. Helmholz, Spain - A. Meyer, Die Schweiz.
Divorce, as we think of it today, is usually considered to be a modern invention. This book challenges that viewpoint, documenting the many and varied uses of divorce in the medieval period and highlighting the fact that couples regularly divorced on the grounds of spousal incompatibility.
Awarded honorable mention for the 2007 Wallace K. Ferguson Prize sponsored by the Canadian Historical Association How were marital and sexual relationships woven into the fabric of late medieval society, and what form did these relationships take? Using extensive documentary evidence from both the ecclesiastical court system and the records of city and royal government, as well as advice manuals, chronicles, moral tales, and liturgical texts, Shannon McSheffrey focuses her study on England's largest city in the second half of the fifteenth century. Marriage was a religious union—one of the seven sacraments of the Catholic Church and imbued with deep spiritual significance—but the marital unit of husband and wife was also the fundamental domestic, social, political, and economic unit of medieval society. As such, marriage created political alliances at all levels, from the arena of international politics to local neighborhoods. Sexual relationships outside marriage were even more complicated. McSheffrey notes that medieval Londoners saw them as variously attributable to female seduction or to male lustfulness, as irrelevant or deeply damaging to society and to the body politic, as economically productive or wasteful of resources. Yet, like marriage, sexual relationships were also subject to control and influence from parents, relatives, neighbors, civic officials, parish priests, and ecclesiastical judges. Although by medieval canon law a marriage was irrevocable from the moment a man and a woman exchanged vows of consent before two witnesses, in practice marriage was usually a socially complicated process involving many people. McSheffrey looks more broadly at sex, governance, and civic morality to show how medieval patriarchy extended a far wider reach than a father's governance over his biological offspring. By focusing on a particular time and place, she not only elucidates the culture of England's metropolitan center but also contributes generally to our understanding of the social mechanisms through which premodern European people negotiated their lives.
InhaltsverzeichnisInhalt: J. Sayers, The Records of the Courts of Judges Delegate in England - C. Donahue, Jr. / F.D. Logan, Canterbury - C. Donahue, Jr., York - C. Donahue, Jr. / R.H. Helmholz / D. Owen / J. Sayers, Other Diocesan and Lesser Church Courts.