Medieval Legal History This text is about the history of the Medieval Law. Canon Law This includes: General Ecumenical and General Church Councils Other Canon Law Texts: Specific Canons and Papal Decrees The Rebirth of Canon Law Studies: 11th Century On Later Medieval Canon Law Inquisitorial Methods Monastic Rules Theory of Law Germanic Law This … Read more
Italian Legal History Short Legal History of Italy Italian law is grounded in the civil law, the revived classical Roman law. The civil law, concentrating on private law, owes much of its modern development to other influences, particularly canon and Germanic and feudal law as interpreted and applied in the Middle Ages and Renaissance. It … Read more
Germanic Law Early Germanic Law and Early Law Codes For a general account of early germanic law, see here. Early Law Codes This includes: The Ripuarian Law: Inheritance of Allodial Land, c. 450 Law of the Salian Franks Law of The Visigoths: Succession to Inheritance, c. 475 The Lombard Law of Rothari: Succession of Legitimate … Read more
Councils of Constance Councils of Constance in Later Medieval Canon Law Note: for information on the Later Medieval Canon Law, please see here. This entry covers the following: Council of Constance: Decree Sacrosancta, 1415 Council of Constance: Deposition of John XXIII, 1415 Council of Constance: Decree Frequens, 1415 Council of Constance: List of Abuses, 1417 … Read more
Doctrine of Papal Primacy For contextual information, see the entry on Later Medieval Canon Law in this encyclopedia. Boniface VIII, Unam Sanctam, 1302 The Bull ‘Unam Sanctam’, in which Pope Boniface VIII asserted his rights against King Phillip the Fair of France, is a landmark in the history of the doctrine of Papal Primacy. Text … Read more
Later Medieval Canon Law The Fourth Lateran Council The Fourth Lateran Council, called by Innocent III, was the most important of the Western Medieval general councils. It addressed a wide range of issues in a series of canons. One of the important canons for law was CANON 42, which reads: “SUMMARY No cleric may so … Read more
Rebirth of Canon Law Studies Rebirth of Canon Law Studies: 11th Century On Domus Gratiani: Gratian Studies Gratian was a 12th-century Benedictine monk and canon lawyer from Bologna. Little is known about him beyond the fact that he compiled and wrote this collection of legal texts, which became the code of canon law used in … Read more
Medieval Bulgars Pope Nicholas I: Responses to the Questions of the Bulgars A.D. 866 (Letter 99) Note: previous chapters are available here, here and also here. Chapter LV. Now then, as for your assertion that the Greeks forbid you to receive communion without belts, we have no idea with what witnesses from sacred Scripture they … Read more
Questions of the Bulgars Pope Nicholas I: Responses to the Questions of the Bulgars A.D. 866 (Letter 99) Note: previous chapters are available here and also here. Chapter XXI. If a servant leaves his lord in flight from his lord and is captured, he should be forgiven; otherwise let the decrees of the laws not … Read more
Bulgars Since the sixth century, the Bulgars had known intermittent contact with the Christians of the surrounding nations, whether as merchants or prisoners-of-war or through diplomatic relations. During the later eighth and early ninth century, the Christian population in Bulgar lands increased so much that Christians were rumored to have influence at the court of … Read more
Papal Decrees Gelasius: On the Two Powers Gelasius I on Spiritual and Temporal Power, 494 Letter of Pope Gelasius to Emperor Anastasius on the superiority of the spiritual over temporal power: The pope’s view of the natural superiority of the spiriitual over the temporal power finds a clear expression the following remarkable letter of Gelasius … Read more
Slavic Law Slavic Legal History Russian Primary Chronicle: Ruskaia Pravda, An early Law code The Short Version: Article 1 If a man kills a man, the brother is to avenge his brother; the son, his father; or the father, his son; or nephews, their uncles; and if there is no avenger [the murderer pays] forty … Read more
Medieval Bulgar Controversy Pope Nicholas I: Responses to the Questions of the Bulgars A.D. 866 (Letter 99) Note: previous chapters are available here, here, here and also here. Chapter LXXV. The bishops whom we have sent to your country are bringing with them in writing the judgment of penance[25] that you requested, and of course … Read more
Ecumenical Councils Ecumenical and General Church Councils Note: this is a useful, if denominationally partisan, article from the Catholic Encyclopedia. Councils are legally convened assemblies of ecclesiastical dignitaries and theological experts for the purpose of discussing and regulating matters of church doctrine and discipline. The terms council and synod are synonymous, although in the oldest … Read more
Liber Extra, Decretalists Decretalium Gregorii papae IX: Bulla «Rex pacificus» L i b e r I Titulus I De summa trinitate et fide catholica. Titulus II De constitutionibus. Titulus III De rescriptis. Titulus IV De consuetudine. Titulus V De postulatione praelatorum. Titulus VI De electione et electi potestate. Titulus VII De translatione episcopi. Titulus VIII … Read more
Bolognese Jurisprudence The challenged church answered with Gratian’s Decretum (circ. 1139) and the Decretals of Gregory IX. (1234). The canonist emulated the civilian and for a long while maintained in the field of jurisprudence what seemed to be an equal combat. Unequal it was in truth. The Decretum is sad stuff when set beside the … Read more
Carolingian Canon Law Collectio Dionysio-Hadriana (774) Some resources include: Cochlaeus (Johannes Wendelstinus), Dionysio-Hadriana. Mainz, 1525. Hosted by the University of Kentucky. Collectio Dacheriana (ca. 800) Some resources include: Jean-Luc D’Achery, ed. Spicilegium sive collectio veterum aliquot scriptorum qui in Galliae Bibliothecis delituerant. Paris, 1723. Hosted by Codices Electronici Ecclesiae Coloniensis, University of Cologne. False Capitularies … Read more
Byzantine Law Byzantine Legal History This includes: Ecloga of Leo III, 726: On Sexual Crimes Ecloga of Leo III, 726: The Contract of Marriage The Farmer’s Law, 7-8th Century.
French Code in Europe Influence of the French Code de Procédure Civile (1806) in 19th Century Europe Introduction The number of European jurisdictions where Napoleon’s Code de procédure civile (1806) left its mark, either directly or indirectly, is vast. According to R.C. van Caenegem, […]
The Pavian Law-school Italy was to be for a while the focus of the whole world’s legal history. For one thing, the thread of legislation was never quite broken there. Capitularies or statutes which enact territorial law came from Karolingian emperors and from Karolingian kings of Italy,The Pavian law-school. and then from the Ottos and … Read more
Aediles in Europe In accordance to the Cambridge Dictionary of Classical Civilization: Originally (494 BC), two PLEBEIAN MAGISTRATES in charge of the TEMPLE (aedis) where ARCHIVES recording concessions made by PATRICIANS were kept. By the time plebeians had access to the highest […]
Isidore of Seville in Europe Life and Work Isidore of Seville, or Isidorus Hispalensis (c. 560-636), Spanish encyclopaedist and historian, was the son of Severianus, a distinguished native of Cartagena, who came to Seville about the time of the birth of Isidore. Leander, bishop of Seville, was […]
Martin the Pole or Martin of Troppau in Europe Life and Work Martin the Pole or Martin of Troppau, or Martin the Pole (d. 1278), chronicler, was born at Troppau, and entered the order of St Dominic at Prague. Afterwards he went to Rome and became papal chaplain under Clement IV. and other […]
Archon in Europe Archon (ἄρχων, ruler), the title of the highest magistrate in many ancient Greek states. It is only in Athens that we have any detailed knowledge of the office, and even in this one case the evidence presents problems of the first importance which are incapable of decisive […]
Charter of Grammont in Europe The Charter of Grammont, given by Baldwin VI., count of Flanders, in a.d. 1068, was the first of its kind. This charter has been styled “the most ancient written monument of civil and criminal laws in Flanders.” Grammont (the Flemish name Gheeraardsbergen […]
Roman Law of Divorce in Europe The Roman Law of Divorce before Justinian The history of divorce, therefore, practically begins with the law of Rome. It took its earliest colour from that conception of the patria potestas, or the power of the head of the family over its members, which enters […]
History of Criminal Law in Europe By criminal, or penal, law is now understood the law as to the definition, trial and punishment of crimes, i.e. of acts or omissions forbidden by law which affect injuriously public rights, or constitute a breach of duties due to the whole community. The […]
Dionysius Exiguus in Europe Dionysius Exiguus, one of the most learned men of the 6th century, and especially distinguished as a chronologist, was, according to the statement of his friend Cassiodorus, a Scythian by birth, “Scytha natione.” This may mean only that he was a native of the […]
Lex Mercatoria in Europe Definition of Lex Mercatoria The law merchant (q.v.) History LAW MERCHANT or Lex mercatoria, originally a body of rules and principles relating to merchants and mercantile transactions, laid down by merchants themselves for the purpose of regulating their dealings. […]
Canon Law Registers Some Resources Regesta pontificum romanorum, ed. August Potthast. Regesta pontificum romanorum. Edited by August Potthast. Volume 1. Berlin: Rudolf de Decker, 1874. Reprint Graz: Akademische Druck- u. Verlagsanstalt, 1957. Regesta pontificum romanorum, ed. Philip Jaffe. Regesta pontificum romanorum. Edited by Philip Jaffe. Leipzig: Veit, 1885-1888. Reprint Graz: Akademische Druck- u. Verlagsanstalt, 1956. … Read more
Decretals in Europe History Decretals (Epistolae decretales), the name (see Decree above), which is given in Canon Law to those letters of the pope which formulate decisions in ecclesiastical law; they are generally given in answer to consultations, but are sometimes due to the initiative […]
Guilds in Europe Crafts Guilds and Trades Craft guilds or incorporations were formed in the Middle Ages and were an important part of burgh life then and in later centuries. Each craft jealously guarded its own monopolies and standards of workmanship, acquired property to raise funds, […]
History of Child Labour in Europe History of Child Labour in the United Kingdom During the latter part of the 18th century in Great Britain, owners of cotton mills collected orphans and children of poor parents throughout the country, obtaining their services merely for the cost of […]
Plebeians PLEBEIANS, plẹ-bē’ạnz (Plebs), an order of the Roman people, corresponding to the English Commons. The time at which the Plebeians were recognized as a distinct order in the state is not known; they were at first excluded from almost every right of citizenship. They differed from […]
Inquisition in Europe The Inquisition was a tribunal or system of tribunals instituted by the Roman Catholic Church for the discovery, examination and conviction of heretics and their punishment by the secular arm. Under the successors of Constantine in the Roman Empire the repression of […]
Dueling in Europe Dueling or Duel (from duellum, derived from duo) is a combat between two, at a time and place appointed in consequence of a challenge, and so is distinguished from an encounter taking place without any previous arrangement. The custom of dueling was derived from the […]
Definition of Ecclesiastical Commissioners Established by the Ecclesiastical Commissioners Act, 1836, to administer Church property and revenue Browse You might be interested in these references tools: ResourceDescription Ecclesiastical Commissioners in the Dictionaries, Ecclesiastical […]
Definition of Canon A rule of the canon law, or ecclesiastical law. It is sometimes used as meaning a rule of the ordinary law, e.g., the canons of descent Browse You might be interested in these references tools: ResourceDescription Canon in the Dictionaries, Canon in our legal dictionaries, […]
Definition of Canon Law A body of Roman ecclesiastical law, compiled from the opinions of the ancient Latin fathers, the decrees of general councils, and the decretal epistles and bulls of the Holy See. It was codified in the 12th century by Gratianus, and added to by subsequent collections, […]
Definition of King’s Advocate Formerly, the principal law officer of the (English) Crown in the Admiralty and Ecclesiastical Courts. (this definition of Advocate, King’s is, partially, from A Concise Law Dictionary (1927)). Browse You might be interested in these references tools: […]
Law Classification, Historical in Europe A nation’s law, as it exists at any date in the nation’s history, whether expressed by a written constitution, by statutes, by case law, by customs, or, as is now usually the case in civilized countries, by all of these in combination, may be […]
List of Legal History Broader Databases in Europe The following databases are comprehensive, covering a wide selection of time periods, and can be a starting point for a more specific database. Primary Sources Databases These databases provide access to full-text materials from the Middle […]
Bouvier´s Law Dictionary and Institutes of American Law in Europe Review of Bouvier´s Law Dictionary and Institutes of American Law This review was written in North American Review (July, 1861) by S. Austin Allibone, author of the Dictionary of Authors The author of these volumes taught […]
Modern Legal Systems Cyclopedia The Modern Legal Systems Cyclopedia comprises introductions to the major legal systems in the world, with coverage ranging from legal education and the way of professional practice, to the form of government and substantive law. This comprehensive compilation […]
Canadian Encyclopedic Digest: First Ontario Edition in Europe Copyright 1926 Burroughs and Company [Eastern] Ltd. Volume 1 Absentees by W. Kent Power (1925) Accession by W. J. Tremeear (1925) Actions by W. Kent Power (1925) Admiralty by W. J. Tremeear (1925) Agency by S. Edward Bolton […]
Canadian Encyclopedic Digest: Western Edition Contents of the First Edition: Volume 1 Copyright Canada 1919 by Burroughs and Company Limited Abduction by W. J. Tremeear (1917) Abortion Offences by W. J. Tremeear (1917) Accession by S.E. Bolton (1918) Action by W. J. Tremeear (1917) […]
Selective Publication of Cases In the United States, in the late 18th Century, at the time that West was developing its National Reporter System, other publishers were trying other alternatives to case reporting. One of these approaches were the publication of fulltext cases, but only of […]
About the Origins and Sources of International Law, Historical in Europe The eminent man who founded the Whewell Professorship of International Law laid an earnest and express injunction on the occupant of this chair that he should make it his aim, in all parts of his treatment of the […]
About the Declaration of Paris, Historical in Europe One point of considerable interest in International Law is the very different degree of durability which the various parts of the system have proved to possess. The oldest rules which belong to its structure are simply rules of religion […]
Blackstone’s Commentaries on the Laws of England in Europe Introduction • Section the First : On the Study of Law • Section the Second : Of the Nature of Laws in General • Section the Third : Of the Laws of England • Section the Fourth : Of the Countries Subject to the Laws of England […]