The History of Courts and Procedure in Medieval Canon Law by Wilfried Hartmann and Kenneth Pennington (review)

Abstract

This is a collection of twelve independent essays—and thus not a handbook which would systematically cover the entire field mentioned in the title. This implies that matters discussed by one author may at times also be taken up by another. In this regard, readers are assisted by a general index. All essays circle around the function of the medieval Western Church as a local arbiter or judge in local litigations. In the time period in question (1140 to 1500) this function of the Church was fulfilled relatively homogeneously in all geographical regions of Western Christianity. The uniformity is owing to the endeavour of the reform popes, from 1049 onward, who had set a broad homogenisation of the Western church in motion. The editors have wisely abstained from considering litigation which directly took place at the Holy See (thus before papal auditors, etc.). This would have needed much additional space, and it was not urgent, anyway, because sources and literature of direct litigation in the papal curia are sufficiently described elsewhere and commented on. The contributors have furthermore restricted the topic ‘inquisition into heresy’ to a few scant mentions—likewise for good reasons. Respective publications are extremely numerous. Already in 1963 a bibliography by Émile van der Vekene had