Church, Faith and Culture in the Medieval West
General Editors
Brenda Bolton, Anne J. Duggan, and Damian J. Smith
About the series
The series Church, Faith and Culture in the Medieval West reflects the central concerns necessary for any in-depth study of the medieval Church greater cultural awareness and interdisciplinarity. Including both monographs and edited collections, this new series draws on the most innovative work from established and younger scholars alike, offering a balance of interests, vertically though the period from c.400 to c.1500 or horizontally across Latin Christendom. Topics covered range from cultural history, the monastic life, relations between Church and State to law and ritual, palaeography and textual transmission. All authors, from a wide range of disciplinary backgrounds, share a commitment to innovation, analysis and historical accuracy.
About the volume
This study of Burchards Decretum, a popular book of Catholic canon law compiled just after the year 1000, sheds new light on the development of law and theology long before the Gregorian Reform, normally considered as a watershed in the history of the Latin Church. Practical episcopal concerns and an appreciation of new scholarly methods led Burchard to be dissatisfied with the quality of contemporary jurisprudence and particularly with the teaching texts available to local bishops.
Drawing upon new manuscript discoveries, the author shows how Burchard tried to create a new text that would address these problems. He carefully selected and compiled canons from earlier collections and then went on to tamper systematically with the texts he had chosen. By doing so, he created a book of Church law that appeared to be based on indisputable authority, that was internally consistent and that was easy to apply through logical extrapolation to new cases. The present study thus provides a window into the development of legal and theological reasoning in the medieval West, and suggests that, thanks to the work of ambitious bishops, the flowering of law and theology began far earlier, and for different reasons, than scholars have heretofore supposed.
About the author
Dr Greta Austin is Associate Professor in History of Christianity at the University of Puget Sound, USA.
SHAPING CHURCH LAW AROUND THE YEAR 1000
Church, Faith and Culture in the Medieval West
General Editors
Brenda Bolton, Anne J. Duggan and Damian J. Smith
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Diplomat and Pastor
Edited by Bruce C. Brasington and Kathleen G. Cushing
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Shaping Church Law
Around the Year 1000
The Decretum of Burchard of Worms
GRETA AUSTIN
University of Puget Sound, USA
First published 2009 by Ashgate Publishing
Published 2016 by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright 2009 Greta Austin
Greta Austin has asserted his moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
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British Library Cataloguing in Publication Data
Austin, Greta
Shaping Church Law Around the Year 1000: The Decretum of Burchard of Worms.
(Church, Faith and Culture in the Medieval West)
1. Burchard, Bishop of Worms, ca. 9651025. Decretum. 2. Canon law History
To 1500. I. Title.
262.922
Library of Congress Cataloging-in-Publication Data
Austin, Greta.
Shaping Church Law Around the Year 1000: The Decretum of Burchard of Worms / by Greta Austin.
p. cm. (Church, Faith, and Culture in the Medieval West)
1. Canon law History Sources. 2. Catholic Church History Sources. I. Title.
KBR190.A68 2008
262.922dc22 2008025617
ISBN 9780754650911 (hbk)
Contents
Chapters
Appendix
Comparison of the Structure of Decretum book 6 to the Parallel Sections in the Libri duo
Comparison of Burchards Decretum book 6, on Homicide and Murder, to its Formal Sources and to 1 CDP and 2 CDP
Comparison of Burchards Decretum book 10, on Practices and Beliefs Condemned as Non-Christian, and Contentiousness, to its Formal Sources and to 1 CDP and 2 CDP
Comparison of Burchards Decretum book 11, on Excommunication and Theft, to its Formal Sources and to 1 CDP and 2 CDP
Comparison of Burchards Decretum book 12, on Oaths and Breaking Oaths, to its Formal Sources and to 1 CDP and 2 CDP
The Libri duo Section on Oaths and Perjury which Provided Canons to the Decretum (Based on readings from the Vienna manuscript of Libri duo)
Burchards Reworking of Libri duo Canons
Journals and series |
BMCL | Bulletin of Medieval Canon Law, new series |
JE, JK, JL | Philippus Jaff, Regesta pontificum Romanorum |
Mlanges | Paul Fournier, Mlanges de droit canonique, ed. Theo Klzer (Aalen, 1983), 2 vols |
MGH | Monumenta Germaniae Historica |
DH | MGH, Diplomatum regum et imperatorum Germaniae |
MIC Sub. | Monumenta iuris canonici, Series C: Subsidia |
PL | Migne, J.-P., Patrologiae cursus completus, series latina (Paris, 1841-64) |
RHE | Revue dHistoire Ecclesiastique |
ZRG KA | Zeitschrift der Savigny-Stiftung fr Rechtsgeschichte, Kanonistische Abteilung |
Editions |
Wass. | Regino of Prm, Libri duo, ed. F.G.A. Wasserschleben, Reginonis abbatis Prumiensis libri duo de synodalibus causis et disciplinis ecclesiasticis |