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In the late Roman Empire, complexity and uncertainty created demand for responsa from the apostolic see. After the eleventh-century papal turn, new legislation and a different society generated new complexities and uncertainties. Decretals were not the only way to resolve them, but given the prominence of the tradition launched by Siricius and Innocent I, they were an obvious way. An unbroken chain of communication links the first and second decretal ages. Late Antiquity and the central Middle Ages need not be kept in separate compartments.
The book attempts a long-range history which is about expansion of meaning in the course of reception, and the kind of social soil in which papal jurisprudence flourished in periods widely separated in time.
In the fifth century bishops had brought problems to the apostolic see, which replied by laying down what was lawful and unlawful (leaving the bishops to do what they wanted with these responses). Shortly after the end of the empire in the West, the first decretal age comes to an end and a new phase begins: one of synthesis and compilation. This meant deciding what to leave out and what to include. Two collections, the Frisingensis prima and the Quesnelliana, include debate on the humanity and divinity of Christ, alongside the papal responses. The Dionysiana, however, leaves out these themes, which are in any case absent from the decretals of Siricius and Innocent I. Christological themes are absent also from letters of Leo I selected by Dionysius and from the ‘hold-all’ decretal Necessaria rerum dispositione of Gelasius I, which draws together in a quasi-synthesis the principal issues addressed in the first century of papal jurisprudence. Gelasius’s summative decretal and the Dionysiana anticipate the boundary that would separate canon law from what would be called theology, while the Frisingensis prima and Quesnelliana anticipate collections which recognize no such boundary.
Why did bishops turn to the papacy for advice in late Antiquity? And what does the reception of these decretals reveal about the legal and religious culture of the mid-thirteenth century? This interpretative volume seeks to explain the first decretal age of late antiquity, placing the increased demand for papal jurisprudence – long before it exerted its influence through religious fear – within its social broad context. D. L. d'Avray then traces the reception of this jurisprudence through to the mid-thirteenth century, and the post-Gratian decretal age. Along the way he explores the role of Charlemagne and 'Pseudo-Isidore', which included many genuine early decretals alongside forged ones. Similarities between the Latin world c. 400 and c. 1200 thus help explain parallels between the two decretal ages. This book also analyses decretals from both ages in chapters on pagan marriages, clerics in minor orders, and episcopal elections. For both ages the relation between canon law and other religious genres is elucidated, demonstrating many fascinating parallels and connections.
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