The contribution of bishops to the development of canon law by the middle of the 12th century

• Applicant: Professorin Dr. Lotte Kéry
• Subject Area: Medieval History
• Term: from 2019 to 2024
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 430930040

The contribution provided by bishops of the earlier middle ages – i.e. before the age of renewal of scientifc jurisprudence in medieval Europe and the devolution of episcopal jurisdiction to the ecclesiastical courts of officialates in the second half of the 12th century – is very important for the development of canon law. Since the earliest times of the Church the transmission of law and justice is part of the central tasks of their official position and duty and can be reconstructed by a large number of written documents. Their origin can be attributed to the fact that bishops in their capacity as ecclesiastical judges and head of the diocesan administration could not draw on positive law enacted by an authority, but had to rely on canon law collections, created by private initiatives, finding solutions for the current judicial problems. Bishops did not only contribute to the creation of law by formulating and approving conciliar decrees but also by prescribing legal rules to the clergy and laity of their diocese, known as capitula episcoporum, and emerged as authors of canon law collections reacting in a comprehensive way to the needs of the practice and contributing thereby in large measure to the development of medieval canon law.Analyzing first the use of canon law in practice, appearing in letters and expert reports by bishops versed in law, giving advice to their colleagues and other clerics, kings and magnates, the ensuing project will also look for connections with existing or newly emerging canon law collections of that period. The research will be based on the methods and results of my two existing studies about three bishops of the 11th century in Northern France (Fulbert of Chartres, Gerard of Cambrai, Lambert of Arras) and my lecture about the dispute between the bishops Hinkmar of Rheims and Hinkmar of Laon. It will be continued and completed by other examples of the fundamental contribution of bishops as most important authorities of ecclesiastical jurisdiction, administration and spiritual welfare but also in politics, that will be investigated systematically and presented in a monograph.

• DFG Programme: Research Grants