Decretals and the Creation of the 'New Law' in the Twelfth Century: Judges, Judgements, Equity and the Law (Variorum Collected Studies)

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. Cover 1 Series 3 Half Title 4 Dedication 5 Title 6 Copyright 7 Contents 8 Introduction 10 I Papal Judges Delegate and the Making of the ‘New Law’ in the Twelfth Century 14 II St Thomas of Canterbury and Aspects of the Becket Dispute in the Decretal Collections 42 III Decretals of Alexander III to England 92 IV English Secular Magnates in the Decretal Collections 160 V Decretal Letters to Hungary 184 VI Italian Marriage Decretals in English Collections: with special reference to the Peterhouse Collection 212 VII The Case of Bernard of Osma: Royal Influence and Papal Authority in the Diocese of Osma 248 VIII Improba pestis falsitatis: Forgeries and the Problem of Forgery in Twelfth-Century Decretal Collections (with Special reference to English Cases) 268 IX Equity and Compassion in Papal Marriage Decretals to England 312 Addenda 341 Index 342 Decretals;,Hungary;,Diocese,of,Osma Decretals,Hungary,Diocese of Osma Focusing on 12th century Canon law with emphasis on the European context of the emergence of "Isus Novum". The book covers marriage and forgery of regional applications, the impact of the Beckett dispute, and the role of judges delegate in the formation and application of the new law.