The Judicial Activities of the General Chapters: II

With the growth of houses in size and number, judicial activities and problems became more evident, and the general chapter consequently developed into a complex organ which was capable of dealing with the new demands. The records are not sufficient to show the smaller orders transacting judicial bu...

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Bibliographic Details
Main Author: Sayers, Jane (Author)
Format: Electronic Article
Language:English
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Published: Cambridge Univ. Press 1964
In: The journal of ecclesiastical history
Year: 1964, Volume: 15, Issue: 2, Pages: 168-185
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Summary:With the growth of houses in size and number, judicial activities and problems became more evident, and the general chapter consequently developed into a complex organ which was capable of dealing with the new demands. The records are not sufficient to show the smaller orders transacting judicial business and, indeed, their general chapters were probably less highly organised, but for the larger orders such as the Cistercians, and to a lesser extent the Premonstratensians, a jurisdiction can be seen at work. As records of the central government, the Cistercian Statuta are comparable with both the papal registers and with the papal law books or codes. They form the written law of the order, which was made in many instances like the Canon Law from questions and queries, and they record the operation of the judicial machinery, the activities of the judges and of the courts. Each Cistercian abbot had a copy of the year's Statuta. The records of the general chapter at Prémontré are apparently lost, but the letters of Gervase, abbot of Prémontré from 1209 to 1220, survive, and consequently they supply some information of an informal and unofficial kind about the conduct of lawsuits within that order. For the other orders, except the Dominicans whose acta survive from 1220 onwards, central records are either rare or non-existent.
ISSN:1469-7637
Contains:Enthalten in: The journal of ecclesiastical history
Persistent identifiers:DOI: 10.1017/S0022046900059868