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Marriage Advice for a Pope
John XXII and the Power to Dissolve
Patrick Nold

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Publication year: 2009

Series:Medieval Law and Its Practice, 3
ISBN-13 (i)The ISBN (International Standard Book Number) has been changed from 10 to 13 digits on 1 January 2007:978 90 04 17111 4
ISBN-10:90 04 17111 8
 
Cover:Hardback
Number of pages:xcviii, 206 pp.
 
List price:€ 99.00 / US$ 147.00

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The Medieval Church taught that marriage was indissoluble and that consent was the key. Why then could a marriage be dissolved by one spouse joining a religious order after an exchange of consent but before consummation? This question vexed Thirteenth-century academics and, in the fourteenth century, Pope John XXII asked a group of leading theologians and lawyers to study the issue. Position-papers were produced to explain the exception to the rule of indissolubility for chaste monks and nuns, and to explore whether the pope had the power to extend it to celibate priests and deacons. These texts, edited here, were used by John XXII to draft his bull Antique Concertationi (1322). This study reconstructs the story behind the constitution, providing a unique insight into the decision-making process at the Roman curia in Avignon under a controversial pope.

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