Primacy in the Church (Chryssavgis, ed.)

In October, St. Vladimir’s Seminary Press released a two-volume set, Primacy in the Church: The Office of Primate and the Authority of Councils, edited by John Chryssavgis (Ecumenical Patriarchate). The publisher’s description follows:

primacy-set-graphic1__10048-1462973145-300-300-1PRIMACY IN THE CHURCH is a careful and critical selection of historical and theological essays, canonical and liturgical articles, as well as contemporary and contextual reflections on what is arguably the most significant and sensitive issue in both inter-Orthodox debate and inter-Christian dialogue—namely, the authority of the primate and the role of councils in the thought and tradition of the Church.

Volume One examines the development and application of a theology of primacy and synodality through the centuries. Volume Two explores how such a theology can inform contemporary ecclesiology and reconcile current practices. Chryssavgis draws together original contributions from prominent scholars today, complemented by formative selections from theologians in the recent past, as well as relevant ecumenical documents.

 

 

Cristellon, “Marriage, the Church, and its Judges in Renaissance Venice, 1420-1545”

In January, Palgrave Macmillan will release “Marriage, the Church, and its Judges in Renaissance Venice, 1420-1545,” by Cecilia Cristellon (Konstanz University).  The publisher’s description follows:

This book investigates the actions of marriage tribunals by analyzing the richest source of marriage suits extant in Italy, those of the Venetian ecclesiastical tribunal, 9783319387994between 1420 and the opening of the Council of Trent. It offers a strongly representative overview of the changes the Council introduced to centuries-old marriage practices, relegating it to the realm of marginality and deviance and nearly erasing the memory of it altogether. From the eleventh century onward, the Church assured itself of a jurisdictional monopoly over the matter of marriage, operating both in concert and in conflict with secular authorities by virtue of marriage’s civil consequences, the first of which regarded the legitimacy of children. Secular tribunals were responsible for patrimonial matters between spouses, though the Church at times inserted itself into these matters either directly, by substituting itself for the secular authority, or indirectly, by influencing Rulings through their own sentences. Lay magistratures, for their part, somewhat eroded the authority of ecclesiastical tribunals by continuing to exercise autonomous jurisdiction over marriage, especially regarding separation and crimes strictly connected to the nuptial bond and its definition, including adultery, bigamy, and rape.

“The History of Courts and Procedure in Medieval Canon Law” (Hartmann & Pennington, eds.)

In September, the Catholic University of America Press released “The History of Courts and Procedure in Medieval Canon Law,” edited by Wilfried Hartmann (University of Tübingen) and Kenneth Pennington (Catholic University of America).  The publisher’s description follows:

Understanding the rules of procedure and the practices of medieval and early modern 61hxavywqzlcourts is of great importance for historians of every stripe. The authors and editors of this volume present readers with a description of court procedure, the sources for investigating the work of the courts, the jurisprudence and the norms that regulated the courts, as well as a survey of the variety of courts that populated the European landscape. Not least, the authors wish to show the relationship between the jurisprudence that governed judicial procedure and what happened in the court room.

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.

Salonen, “Papal Justice in the Late Middle Ages”

In April, Routledge released “Papal Justice in the Late Middle Ages: The Sacra Romana Rota,” by Kirsi Salonen (University of Turku).  The publisher’s description follows:

This is a study of the history and function of the highest ecclesiastical tribunal, the Sacra Romana Rota, from the twelfth to the sixteenth centuries. Despite its 9781472482266importance for Christendom and in contrast with other important papal offices, the activity of the Rota has never been thoroughly investigated on the basis of archival sources, in large part due to the vast source material and the perceived “difficulty” of the subject. This book fills this significant gap by explaining how the Rota functioned-its organization, the phases of a Rota process, everyday practices at the tribunal-and the kinds of issues it handled, where the processes originated from and how long they lasted. The study demonstrates that the Rota dealt with a range of cases much broader than has previously been acknowledged, whilst also confirming that the tribunal mainly oversaw litigation over benefices. The results of this research reveal the true role of the Rota and its significance for Christians from the middle ages to the dawn of the Reformation.

“Law and Religious Minorities in Medieval Societies” (Echevarria et al, eds.)

In June, Brepols Publishers will release “Law and Religious Minorities in Medieval Societies: Between Theory and Praxis,” edited by Ana Echevarria (UNED, Madrid) Juan Pedro Monferrer-Sala (University of Cordoba), and John V. Tolan (Universit de Nantes). The publisher’s description follows: 

Muslim law developed a clear legal cadre for dhimmīs, inferior but protected non-Muslim communities (in particular Jews and Christians) and Roman Canon law brepols-publishers-logodecreed a similar status for Jewish and Muslim communities in Europe.  Yet the theoretical hierarchies between faithful and infidel were constantly brought into question in the daily interactions between men and women of different faiths in streets, markets, bath-houses, law courts, etc.  The twelve essays in this volume explore these tensions and attempts to resolve them.  These contributions show law was used to attempt to erect boundaries between communities in order to regulate or restrict interaction between faithful and non-faithful—at at the same time how these boundaries were repeatedly transgressed and negotiated.  These essays explore the possibilities and the limits of the use of legal sources for the social historian.

Brasington, “Order in the Court”

This month, Brill will release “Order in the Court: Medieval Procedural Treatises in Translation,” by Bruce C. Brasington (West Texas A&M University).  The publisher’s description follows:

In Order in the Court, Brasington translates and comments upon the earliest medieval48389 treatises on ecclesiastical legal procedure. Beginning with the eleventh-century
“Marturi Case,” the first citation of the Digest in court since late antiquity and the jurist Bulgarus’ letter to Haimeric, the papal chancellor, we witness the evolution of Roman-law procedure in Italy. The study then focusses on Anglo-Norman works, all from the second half of the twelfth century. The De edendo, the Practica legum of Bishop William of Longchamp, and the Ordo Bambergensis blend Roman and canon law to guide the judge, advocate, and litigant in court. These reveal the study and practice of the learned law during the turbulent “Age of Becket” and its aftermath.

Wei, “Gratian the Theologian”

In March, the Catholic University of America Press will release “Gratian the Theologian” by John C. Wei (law clerk for the U.S. Court of Appeals for the Fifth Circuit). The publisher’s description follows:

Gratian the Theologian shows how one of the best-known canonists of the medieval period was also an accomplished theologian. Well into the twelfth century, compilations of Church law often dealt with theological issues. Gratian’s Concordia discordantium canonum or Decretum, which was originally compiled around 1140, was no exception, and so Wei claims in this provocative book. The Decretum is the fundamental canon law work of the twelfth century, which served as both the standard textbook of canon law in the medieval schools and an authoritative law book in ecclesiastical and secular courts. Yet theology features prominently throughout the Decretum, both for its own sake and for its connection to canon law and canonistic jurisprudence.

This book provides an introduction to and reassessment of three aspects of Gratian’s theology: his use of the Bible and biblical exegesis; his penitential theology; and his handling of the other sacraments and the liturgy. The manuscript discoveries and methodological breakthroughs of the past few decades have rendered older accounts of Gratian’s theology obsolete. This book reappraises Gratian’s theological views and doctrines in light of recent scholarly advances, particularly the discovery of new theological sources that Gratian appears to have known and used and the discovery of the first recension of the Decretum, which differs in significant ways from the considerably longer vulgate text that scholars have traditionally relied upon. In the process, this book also uncovers new evidence concerning Gratian’s intellectual background and milieu and provides new insights into the Decretum’s composition, structure, and development.

Ultimately, this book does more than just enhance our understanding of Gratian the theologian. It also contributes significantly to our knowledge of Gratian the jurist and to the world of theology and law in which he worked.

Reynolds, “How Marriage Became One of the Sacraments”

In February, Cambridge University Press will release “How Marriage Became One of the Sacraments: The Sacramental Theology of Marriage from its Medieval Origins to the Council of Trent” by Philiip Reynolds (Emory University). The publisher’s description follows:

Among the contributions of the medieval church to western culture was the idea that marriage was one of the seven sacraments, which defined the role of married folk in the church. Although it had ancient roots, this new way of regarding marriage raised many problems, to which scholastic theologians applied all their ingenuity. By the late Middle Ages, the doctrine was fully established in Christian thought and practice but not yet as dogma. In the sixteenth century, with the entire Catholic teaching on marriage and celibacy and its associated law and jurisdiction under attack by the Protestant reformers, the Council of Trent defined the doctrine as a dogma of faith for the first time but made major changes to it. Rather than focusing on a particular aspect of intellectual and institutional developments, this book examines them in depth and in detail from their ancient precedents to the Council of Trent

Prudlo, “Certain Sainthood”

In November, the Cornell University Press released “Certain Sainthood: Canonization and the Origins of Papal Infallibility in the Medieval Church,” by Donald S. Prudlo (Jacksonville State University).  The publisher’s description follows:

The doctrine of papal infallibility is a central tenet of Roman Catholicism, and yet it is frequently misunderstood by Catholics and 80140100894470lnon-Catholics alike. Much of the present-day theological discussion points to the definition of papal infallibility made at Vatican I in 1870, but the origins of the debate are much older than that. In Certain Sainthood, Donald S. Prudlo traces this history back to the Middle Ages, to a time when Rome was struggling to extend the limits of papal authority over Western Christendom. Indeed, as he shows, the very notion of papal infallibility grew out of debates over the pope’s authority to canonize saints.

Prudlo’s story begins in the twelfth and thirteenth centuries when Rome was increasingly focused on the fight against heresy. Toward this end the papacy enlisted the support of the young mendicant orders, specifically the Dominicans and Franciscans. As Prudlo shows, a key theme in the papacy’s battle with heresy was control of canonization: heretical groups not only objected to the canonizing of specific saints, they challenged the concept of sainthood in general. In so doing they attacked the roots of papal authority. Eventually, with mendicant support, the very act of challenging a papally created saint was deemed heresy.

Certain Sainthood draws on the insights of a new generation of scholarship that integrates both lived religion and intellectual history into the study of theology and canon law. The result is a work that will fascinate scholars and students of church history as well as a wider public interested in the evolution of one of the world’s most important religious institutions.

Izbicki, “The Eucharist in Medieval Canon Law”

This month, Cambridge University Press releases “The Eucharist in Medieval Canon Law” by Thomas Izbicki (Rutgers University). The publisher’s description follows:

Thomas Izbicki presents a new examination of the relationship between the adoration of the sacrament and canon law from the twelfth to fifteenth centuries. The medieval Church believed Christ’s glorified body was present in the Eucharist, the most central of the seven sacraments, and the Real Presence became explained as transubstantiation by university-trained theologians. Expressions of this belief included the drama of the elevated host and chalice, as well as processions with a host in an elaborate monstrance on the Feast of Corpus Christi. These affirmations of doctrine were governed by canon law, promulgated by popes and councils; and liturgical regulations were enforced by popes, bishops, archdeacons and inquisitors. Drawing on canon law collections and commentaries, synodal enactments, legal manuals and books about ecclesiastical offices, Izbicki presents the first systematic analysis of the Church’s teaching about the regulation of the practice of the Eucharist.

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