Roman Law Sources and Canonical Collections in the Early Middle Ages
Antonia Fiori
Roman Law Sources and Canonical Collections in the Early Middle Ages Antonia Fiori 'preservation' of It is well known that, being a part Empire, Church lived under law from its earliest organization, that canon was one most important means for preservation early medieval period. But can be understood two different ways: first, as spirit rules through law; secondly, original texts themselves. The first general problem legal culture, second specific philological matter. these points view are not completely independent other, but rather faces same process. In this paper, I shall attempt to analyze Italian collections up year 900 together with some almost contemporary ecclesiastical quotations law. Yet we must remember caveat what happened ninth tenth centuries only stage, final one, process just mentioned, which would completed Gregorian Reform. At time every Justinian's compilation, including have since disappeared, were rediscovered by lawyers (the exception Tres Libri). passion supporters—even if technically well-founded—was an instrument helped sustained formation order age so-called 'Papal Revolution'.1 fact, organized body laws Ages, it also hard see unified [End Page 1] Church. There several canonical traditions greatly influenced local customs often strongly devoted them. Up Reform or 'national' churches, their councils customs, dialectical relationship Church, entailed wide autonomy.2 representing 'Römische Zentrum', tried maintain period, sometimes imposed on 'Kirchliche Peripherie' (to use terminology relatively recent congress held at Deutsches Historisches Institut Rom).3 Europe during still represented Theodosian tradition, mainly Breviarium Alaricianum, so Italy, where—leaving aside difficult matter surviving elements law4—Justinian's compilation promulgated 554 after Gothic Wars. Thus Pragmatica sanctio introduced Corpus iuris civilis into Italy less than 15 years before arrival Lombards (568). As he had died three before, Justinian did how vain been his great effort reconquer Italy. His enough become studied. Along Radding Ciaralli, say 'the Justinianic codification simply fell sight use, everywhere else, between end sixth century eighth'.5 saved law, even influencing developments Lombard there no 2] evidence all textual knowledge contexts until Carolingian when many fragments reappeared few collections. Two questions open. First, why they reappear period before? Secondly, kind or, better, kinds know? cultural Renaissance occurred birth empire obviously good answer question. more significant papal idea, hope, Western reborn Charles Great, should life and, furthermore, holy. While attention fixed Frankish kingdom, ready break out the...
Bulletin of medieval canon law