Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-jbqgn Total loading time: 0 Render date: 2024-06-27T18:51:46.556Z Has data issue: false hasContentIssue false

17 - Procedures and Courts

from Iudicium

Published online by Cambridge University Press:  13 January 2022

Anders Winroth
Affiliation:
Universitetet i Oslo
Get access

Summary

Historians today discuss the rules and regulations followed by medieval church courts by focusing on the development of so-called “Romano-canonical” procedure during the formative period of Roman and canon law from the time of Gratian (around 1140) to the completion, in the 1270s, of the most successful handbook on the subject, the Speculum iudiciale of William Durand. The guidelines laid down in the Speculum summarize more than a century of systematic effort at the schools of Bologna and elsewhere to strike a balance between, on the one hand, the obligation of judges to investigate the facts of a case unilaterally and, on the other, the right of defendants and adversaries to a fair trial. The specifics worked out by contemporaries have fascinated modern observers, not least for their innovative features. In twelfth- and thirteenth-century jurisprudence, demands of due process, the double jeopardy clause, presumption of innocence, and other fundamental standards of justice in the West found their first coherent expression. Simultaneously, though, research has operated under the erroneous assumption that manuals like the Speculum iudiciale were meant to cover the whole range of mechanisms shaping ecclesiastical adjudication.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Select Bibliography

Febert, Heidi. “The Poor Sisters of Söflingen: Religious Corporations as Property Litigants, 1310–1317.” Traditio 68 (2013), 327433.CrossRefGoogle Scholar
Forrest, Ian. Trustworthy Men: How Inequality and Faith Made the Medieval Church. Princeton, 2018.Google Scholar
Fowler-Magerl, Linda. Ordines iudiciarii and Libelli de ordine iudiciorum: From the Middle of the Twelfth to the End of the Fifteenth Century. Turnhout, 1994.Google Scholar
Hartmann, Wilfried, and Pennington, Kenneth, eds. The History of Courts and Procedure in Medieval Canon Law. Washington, DC, 2016.Google Scholar
Helmholz, Richard H. Canon Law and the Law of England. London, 1987.Google Scholar
Helmholz, Richard H. Marriage Litigation in Medieval England. Cambridge, 1974.Google Scholar
Lange, Tyler. Excommunication for Debt in Late Medieval France: The Business of Salvation. Cambridge, 2016.Google Scholar
Mansfield, Mary. The Humiliation of Sinners: Public Penance in Thirteenth-Century France. Ithaca, NY, 1995.Google Scholar
Müller, Wolfgang P. The Criminalization of Abortion in the West: Its Origins in Medieval Law. Ithaca, NY, 2012.Google Scholar
Müller, Wolfgang P.The Internal Forum of the Later Middle Ages: A Modern Myth?Law and History 33 (2015), 887913.Google Scholar
Müller, Wolfgang P. Marriage Litigation in the Western Church, 1215–1517. Cambridge, 2021.Google Scholar
Neumann, Friederike. Öffentliche Sünder in der Kirche des Spätmittelalters: Verfahren – Sanktionen – Rituale. Cologne, 2008.Google Scholar
Poos, Lawrence. Lower Ecclesiastical Jurisdiction in Late Medieval England. Oxford, 2001.Google Scholar
Struck, Wolf-Heino. “Die Sendgerichtsbarkeit am Ausgang des Mittelalters nach den Regesten des Archipresbyterats Wetzlar.” Nassauische Annalen 82 (1971), 104145.Google Scholar
Wunderli, Richard. London Church Courts and Society on the Eve of the Reformation. Cambridge, Mass., 1981.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×