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Book
Marriage advice for a Pope : John XXII and the power to dissolve.
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ISBN: 1282400215 9786612400216 9047424425 9789047424420 9789004171114 9004171118 9781282400214 6612400218 Year: 2008 Publisher: Leiden Brill

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Abstract

The Medieval Church taught that marriage was indissoluble and that consent was the key. Why then could a marriage be dissolved by one spouse joining a religious order after an exchange of consent but before consummation? This question vexed 13th-century academics and, in the fourteenth century, Pope John XXII asked a group of leading theologians and lawyers to study the issue. Position-papers were produced to explain the exception to the rule of indissolubility for chaste monks and nuns, and to explore whether the pope had the power to extend it to celibate priests and deacons. These texts, edited here, were used by John XXII to draft his bull Antique Concertationi (1322). This study reconstructs the story behind the constitution, providing a unique insight into the decision-making process at the Roman curia in Avignon under a controversial pope. (publisher's description)


Book
English nuns and the law in the Middle Ages
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ISBN: 1843837862 9781843837862 9781782040521 1782040528 1283836556 Year: 2011 Publisher: Suffolk Boydell & Brewer

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In late medieval England, cloistered nuns, like all substantial property owners, engaged in nearly constant litigation to defend their holdings. They did so using attorneys (proctors), advocates and other 'men of law' who actually conducted that litigation in the courts of Church and Crown. However, although lawyers were as crucial to the economic vitality of the nunneries as the patrons who endowed them, their role in protecting, augmenting or depleting monastic assets has never been fully investigated. This book aims to address the gap. Using records from the courts of the common law, Chancery, and a variety of ecclesiastical venues, it examines the working relationships without which cloistered nuns could not have lived in fully enclosed but self-sustainingc communities. In the first part it looks at the six mendicant and Bridgettine houses established in England, and relates the effectiveness and resilience of their cloistered spirituality to the rise of legal professionalism in the twelfth and thirteenth centuries. It then presents cases from ecclesiastical and royal courts which illustrate the work of legal professionals on behalf of their clients. Elizabeth Makowski is Ingram Professor of History, Texas State University.

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