Overview

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 Thirteenth-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.

Full Product Details

Author:   Patrick Nold
Publisher:   Brill
Imprint:   Brill
Volume:   3
Dimensions:   Width: 16.00cm , Height: 2.00cm , Length: 24.00cm
Weight:   0.667kg
ISBN:  

9789004171114

ISBN 10:   9004171118
Pages:   206
Publication Date:   27 November 2008
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Awaiting stock  
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Table of Contents

Preface Abbreviations Part One Introduction 1. The runaway spouse joins a religious order: an inexplicable exception 2. The holdout husband takes up a holy order” an unresolved argument 3. A triptych of consultation: marriage, poverty, magic 4. Introducing the experts 5. Conclusion 6. Post-scriptum 7. Manuscript description 8. Ration editionis Part Two Edition I. Dicta fratris Vitalis de Furno II. Dicta fratris Bertrandi de Turre III. Dicta eiusdem domini Cardinalis IV. Dicta domini Gaucelmi Iohannis V. Dicta domini Bertrandi de Monte Faventino VI. Dicta domini Petri Textoris VII. Dicta domini Arnardi Roiardi VIII. Idem Episcopus IX. Dicta domini Durandi X. Idem Episcopus XI. Dicta fratis Gregorii XII. Dicta fratis Hervei XIII. Dicta fratis Iohannis de Alesto XIV. Dicta fratis Iohannis de Reding XV. Dicta fratis Iohannis de Neapoli XVI. Dicta magistri Iohannis Panhote XVII. Dicta fratis Roberti de Anglia XVIII. Dicta XIX. Frater Iohannes de Neapoli Bibliography Indices

Reviews

..This revealing study of papal-decision making in the early fourteenth century makes a valuable contribution to the history of marriage law and papal decision-making in the early fourteenty century. James A. Brundage, Journal of Ecclesiastical History 61, 2010 ...that this work a work of great scholarship and erudition....No serious student of development of canon law in the Western Church can afford to overlook the consultations that laid the way for this apolistic constitution. In providing the text in a highly readable and well analysed manner, the author has placed within the hands of a whole generation of students a wonderful insight into the formation of decretals at the time of John XXII, into the intellectual life of the papal curia at that time, and into the real life issues that led to the development of the contemporary canonical provisions regulating clerical celibacy, religious profession, and the dissolution of non-consummated marriages. Aidan McGrath, OFM, Archvim Franciscanum Historicum, 102 (2009), pp. 289-292

..This revealing study of papal-decision making in the early fourteenth century makes a valuable contribution to the history of marriage law and papal decision-making in the early fourteenty century. James A. Brundage, Journal of Ecclesiastical History 61, 2010 ...that this work a work of great scholarship and erudition...No serious student of development of canon law in the Western Church can afford to overlook the consultations that laid the way for this apolistic constitution. In providing the text in a highly readable and well analysed manner, the author has placed within the hands of a whole generation of students a wonderful insight into the formation of decretals at the time of John XXII, into the intellectual life of the papal curia at that time, and into the real life issues that led to the development of the contemporary canonical provisions regulating clerical celibacy, religious profession, and the dissolution of non-consummated marriages. Aidan McGrath, OFM, Archvim Franciscanum Historicum, 102 (2009), pp. 289-292

""..This revealing study of papal-decision making in the early fourteenth century makes a valuable contribution to the history of marriage law and papal decision-making in the early fourteenty century."" James A. Brundage, Journal of Ecclesiastical History 61, 2010 ""...that this work a work of great scholarship and erudition....No serious student of development of canon law in the Western Church can afford to overlook the consultations that laid the way for this apolistic constitution. In providing the text in a highly readable and well analysed manner, the author has placed within the hands of a whole generation of students a wonderful insight into the formation of decretals at the time of John XXII, into the intellectual life of the papal curia at that time, and into the real life issues that led to the development of the contemporary canonical provisions regulating clerical celibacy, religious profession, and the dissolution of non-consummated marriages."" Aidan McGrath, OFM, Archvim Franciscanum Historicum, 102 (2009), pp. 289-292

Author Information

Patrick Nold, D.Phil. (Oxford, 1999) is Assistant Professor of History at the State University of New York at Albany. He is the author of Pope John XXII and his Franciscan Cardinal: Bertrand de la Tour and the Apostolic Poverty Controversy (Oxford, 2003).

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