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picasso_13
Guest
Where do you find information on Medieval Canon Law?
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Deacon_Ed
Guest
The brief answer is – you don’t. The first code of canon law came about in 1917. Prior to that there were various collections of law that were gathered and dismissed at various time. The biggest source of these laws were the ecumenical and synodal councils.
Deacon Ed
Deacon Ed
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Br.Rich_SFO
Guest
In the Canons and decrees of Councils and Popes. Canon Law as such was not codified until much later.
In 1140 a Monk named Gratian attempted to organize the canons and decrees of the Councils and Popes.
In 1298 Pope Boniface VIII created the Liber Sextus
In 1317 Pope John XXII published the Clementinae collection
In 1500 Canonist John Chapuis revised the collection.
In 1869 Pope Pius IX began the process of codification
which continued with Pope Leo XIII and Pius X
Pope Benedict XV produced the 1917 “Code”
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picasso_13
Guest
Ok, because my professor is trying to tell me in Medival times that Infertility was grounds for an annulment and I am trying to find any church documents on that. I wrote him and said that Canon Law does not give infertility as a reason and he responded by asking if I was looking at Modern or Medieval Canon Law. So, I guess I am trying to find out if at anytime Infertility was grounds (especially in the Medieval time period of church history).
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Kielbasi
Guest
What was the historical event that your class was discussing? The only historical annulment that is a great point of historical controversy was that of Henry VIII to Catherine of Aragon. But they weren’t infertile, as Mary Tudor was the child of those two, Henry was upset that he didn’t have male issue, but that ain’t infertility.
Henry didn’t get his annulment of course, but infertility wasn’t the issue/
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Br.Rich_SFO
Guest
I would suggest looking at the decrees of Trent. since this is THE Council that addressed the Sacraments in detail.
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Illini
Guest
A good start to learning about this subject is the book Medieval Canon Law, by James Brundage of the University of Kansas. It explains the sources and applications of church law beginning with Gratian. The collections, that were described by Brother Rich, formed quite a sophisticated body of law that continued until the 1917 Code was promulgated.
-Illini
Code:
The book probably won't give the answer to the specific question you were asking about infertility. Indeed, because medieval canon law was not codified, one would likely need to search through many decretals, much like a lawyer would do today with cases, except these materials are in Church Latin and were published more than 500 years ago.
Perhaps you could ask your professor his source on infertility as grounds for annulment in the Middle Ages. Any history professor worth his salt will be able to cite a source for almost anything he teaches.
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picasso_13
Guest
thanks for all the info. I did email him back saying that I was having trouble finding any proof for his claim. If it wasn’t there it would be hard to find. 
I told him that I had emailed a couple canon lawyers and unless he had a specific document he is using that I would get back to him when I got some emails back.
We were discussing the church fathers in class and we had read St. Augustine’s Confessions. There really was no point other than to make the church look silly for him to make his comment about infertility and annulments.
I told him that I had emailed a couple canon lawyers and unless he had a specific document he is using that I would get back to him when I got some emails back.We were discussing the church fathers in class and we had read St. Augustine’s Confessions. There really was no point other than to make the church look silly for him to make his comment about infertility and annulments.
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Catholic2003
Guest
See this EWTN Q&A on the question.
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picasso_13
Guest
Here’s what I received from the Medieval Institute in Germany:
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