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Relevant bibliographies by topics / $Ecclesiastical law early 17c

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Academic literature on the topic '$Ecclesiastical law early 17c'

Author: Grafiati

Published: 4 June 2021

Last updated: 12 February 2022

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Journal articles on the topic "$Ecclesiastical law early 17c"

1

Šarkić, Srđan. "The Influence of Byzantine Law on Serbian Medieval Law." Slovene 4, no. 2 (2015): 106–18. http://dx.doi.org/10.31168/2305-6754.2015.4.2.5.

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Serbian law from the early 13th century developed under the direct influence of Byzantine law. Serbian jurists adopted Byzantine law through translations of Byzantine legal compilations. The first such translation was the Nomokanon of St. Sabba of 1219. St. Sabba’s Nomokanon contained ecclesiastical rules together with the canonist’s glosses, a translation of part of Justinian’s Novels, and the whole of the Procheiron of Basil I. Between 1349 and 1354, Serbian lawyers created a special Codex Tripartitus, codifying both Serbian and Byzantine law. The Russian scholar T. Florinsky noticed this as long ago as 1888, pointing out that in the oldest manuscripts, Dušan’s Code is always accompanied by two other compilations of Byzantine law: the abbreviated Syntagma of Matthew Blastares and the so-called Code of Justinian. In addition to translations of Byzantine legal miscellanies, Serbian lawyers also adopted a great number of the institutions of Roman law. However, Serbian jurists were not educated in Bologna so, as a consequence, Roman law was adopted in an indirect way, i.e., through Greek (Byzantine) translations and not from original Latin texts. Dušan’s Code, as the most important legal source of medieval Serbian law, took about sixty articles directly from the Basilica: the most important are articles 171 and 172.

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Goodman, Michael. "The Early Years of the Ecclesiastical Law Journal." Ecclesiastical Law Journal 14, no. 1 (December 5, 2011): 87–92. http://dx.doi.org/10.1017/s0956618x11000779.

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In recognition of the Silver Jubilee of the Ecclesiastical Law Society and this Journal, the Comment section in this issue is devoted to some personal reminiscences and reflections from two individuals who were very much involved at the time, and who have subsequently made their own distinctive contribution to the Society and the Journal respectively: Bishop Christopher Hill, the current chairman, and Michael Goodman, founder editor of this Journal.

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Anton, Hans Hubert. "II. Studien zu frühen römischen Amts- und Bischofslisten, besonders zu den Bischöfen (‚Päpsten‘) Clemens und Silvester und ihrer mittelalterlichen Rezeption." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 107, no. 1 (June 1, 2021): 48–150. http://dx.doi.org/10.1515/zrgk-2021-0002.

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Abstract Early lists of Roman ecclesiastical leaders and their changing perception in the Middle Ages. These early lists of Roman ecclesiastical leaders are the subjects of thorough historical and philological research. Characteristical new perspectives and results concern the theological-ideological system and its influence on the jurisdictional theory and practice. As to the recording in the Middle Ages, the prominent and changing role of the bishops Clement and Sylvester in various areas is demonstrated.

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Kirkland, Justin Scott. "Failing to observe holy days." Tijdschrift voor Rechtsgeschiedenis 88, no. 1-2 (June 25, 2020): 122–48. http://dx.doi.org/10.1163/15718190-00880a02.

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Summary The implementation of canon law in the medieval ecclesiastical courts is an enigmatic issue. This article focuses on the types of defense arguments made by people accused of failing to observe holy days, as well as how courts judged such excuses. Even though failing to properly observe holy days – nonobservance – was a minor crime, the courts set a high standard when evaluating justifiable excuses for failing to observe holy days. The courts tended to reject most defense arguments. Despite the overall decline of the ecclesiastical courts in the late fifteenth and early sixteenth centuries, there was no decline in the high standards demanded by the courts in nonobservance cases.

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Constantinou, Maria. "I. The Threefold Summons at Late Antique Church Councils." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 107, no. 1 (June 1, 2021): 1–47. http://dx.doi.org/10.1515/zrgk-2021-0001.

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Abstract The threefold summons of an absent defendant in the context of synodal proceedings – which had been admittedly formed by influence from the respective process in Roman law – is an important component of the ecclesiastical judicial procedure. In this paper I examine in detail all the extensive narratives of threefold summonses preserved in conciliar acts of the fifth and sixth centuries, that is, the cases of Nestorius of Constantinople and John of Antioch at the council of Ephesus (431), the case of the archimandrite Eutyches at the Resident Synod of Constantinople (448), the case of Athanasius of Perrhe at the local synods of Hierapolis (early 440s) and Antioch (445) as well as at the Council of Chalcedon (451), the case of Dioscorus of Alexandria at the Council of Chalcedon, and the case of Anthimus of Constantinople at the Resident Synod of Constantinople (536). In the final part I proceed to an assessment of this process’ evolution over the period in question. The principal conclusion is that by the time of Justinian the ecclesiastical threefold summons procedure had become consolidated and systematised.

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Taglia, Kathryn Ann. "“On Account of Scandal...”: Priests, their Children and the Ecclesiastical Demand for Celebacy." Florilegium 14, no. 1 (January 1996): 57–70. http://dx.doi.org/10.3138/flor.14.004.

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By the late Middle Ages canon law demanded that the higher orders of clerics lead a celibate life. In reality, however, throughout the medieval period and into the early modern era a significant minority fell far from this ideal. Children, born after their fathers had taken vows to the higher orders, were visible evidence of their fathers’ failure to uphold these ecclesiastical standards. The anthropologist Mary Douglas argues that cultural systems need to be able to control or restrict anomalous or ambiguous events that might overturn their organizing principles and threaten their integrity. Through an examination of French synodal legislation from the thirteenth to the fifteenth centuries, I will display how the ecclesiastical cultural system worked to maintain the principle of celibacy and its own integrity by turning these children into moral and legal outsiders whose very existence is a source of scandal and moral contagion to be avoided or contained. In this context medieval ecclesiastical officials situated these offspring, particularly the sons of priests, as the source of all cultural contradictions inherent in ideas about clerical celibacy, marriage, and the control of ecclesiastical resources. Furthermore, by delegitimizing these sons and then granting them access back into the ecclesiastical system through the mechanism of the dispensation, the advocates of clerical celibacy were able to triumph culturally in spite of the challenges to their ideals that the existence of these children presented.

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McKitterick, Rosamond. "The Church and the Law in the Early Middle Ages." Studies in Church History 56 (May 15, 2020): 7–35. http://dx.doi.org/10.1017/stc.2019.2.

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Two case studies from eighth-century Rome, recorded in the early medieval history of the popes known as the Liber pontificalis, serve to introduce both the problems of the relations between secular or public and ecclesiastical or canon law in early medieval Rome and the development of early medieval canon law more generally. The Synod of Rome in 769 was convened by Pope Stephen III some months after his election in order to justify the deposition of his immediate predecessor, Pope Constantine II (767–8). Stephen's successor, Pope Hadrian, subsequently presided over a murder investigation involving Stephen's supporters. The murders and the legal process they precipitated form the bulk of the discussion. The article explores the immediate implications of both the murders and the convening of the Synod of Rome, together with the references to law-making and decree-giving by the pope embedded in the historical narrative of the Liber pontificalis, as well as the possible role of the Liber pontificalis itself in bolstering the imaginative and historical understanding of papal and synodal authority. The wider legal or procedural knowledge invoked and the development of both canon law and papal authority in the early Middle Ages are addressed. The general categories within which most scholars have been working hitherto mask the questions about the complicated and still insufficiently understood status and function of early medieval manuscript compilations of secular and canon law, and about the authority and applicability of the texts they contain.

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MARSHALL, PETER. "Thomas Becket, William Warham and the Crisis of the Early Tudor Church." Journal of Ecclesiastical History 71, no. 2 (April 23, 2019): 293–315. http://dx.doi.org/10.1017/s002204691800266x.

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England's first Tudor monarchs were formally devoted to the cult of St Thomas of Canterbury. In popular memory, however, Thomas was a champion of law and custom, an opponent of untrammelled royal power, and – especially among the clergy – a martyr for ecclesiastical ‘liberties’. This suggests that the pre-Reformation Church was considerably less ‘monarchical’ than is sometimes supposed. In the 1530s Thomas became a powerful symbol of resistance to Henry VIII's royal supremacy. However, the fact that he could be portrayed as a patron of the clergy's sectional interests helps to explain how opposition was weakened and divided.

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Cramer, Peter. "Ernulf of Rochester and Early Anglo-Norman Canon Law." Journal of Ecclesiastical History 40, no. 4 (October 1989): 483–510. http://dx.doi.org/10.1017/s002204690005898x.

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Ernulf, bishop of Rochester, died aged eighty-four, on 15 March 1124. In the course of his life, he studied under Lanfranc and was a close friend of Anselm at Bec. One-time prior of Christ Church, Canterbury, his advice was apparently sought by the king; he became a much respected abbot of Peterborough; and, as bishop, he instigated the important collection of secular and ecclesiastical law, the Textus Roffensis. Of his own writing, only three letters survive: one to Anselm, pleading with him to return from exile; one to the monk Lambert of St-Bertin, answering four questions on the eucharist and a fifth concerning a passage from the prophet Joel; and the third to Walkelin of Winchester, dealing with the case of canon law which the two men had previously discussed. It is this last letter, appearing in the manuscripts with the title De incestis coniugiis, which makes of Ernulf something more than a shadow among the Anglo-Norman theologians and men of letters who came to England in the aftermath of conquest. It is in this letter-treatise that Ernulf emerges as an accomplished lawyer and juridical thinker, whose approach has departed radically from that of Lanfranc, his former teacher, and is closely comparable to the principles for legal judgement set down by Ivo of Chartres in the preface to his Decretum and Panormia. Ernulf's use of such methods, grounded in, and made possible by, the new systematic collections of canon law, helps to confirm what has already begun to be evident, that this systematic, deliberately and self-consciously rational, jurisprudence finds its way into England well before the dissemination of Gratian's Decretum in the mid-twelfth century.

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Cavill, Paul. "Perjury in Early Tudor England." Studies in Church History 56 (May 15, 2020): 182–209. http://dx.doi.org/10.1017/stc.2019.11.

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The break with Rome was enforced through a nationwide programme of oath-taking. The Henrician regime resorted to oaths because they were already fundamental to the functioning of the polity. In the preceding half-century, activities as diverse as heresy prosecution, tax assessment and debt litigation depended upon oaths. Irrespective of their often mundane subject matter, oaths were held to be religious acts. Prolific oath-taking, however, led to frequent oath-breaking. Perjury was therefore a more pressing and broader concept than it is today. It was an offence against God, against oneself and against others. How this crime was prosecuted and punished sheds light on the intersection of religious doctrine, legal systems and social practice in pre-Reformation England. An analysis of perjury also draws attention to a jurisdictional shift that was underway before the Reformation. In 1485, church courts had exercised an extensive cognizance of perjury; by 1535, they no longer did. The most important factor contributing to this decline in ecclesiastical jurisdiction was the constraint imposed by common lawyers on what cases the church courts could hear. Common law defined the crime of perjury more narrowly than did canon law. Hence the contraction of the church's jurisdiction would alter how perjury was perceived.

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Dissertations / Theses on the topic "$Ecclesiastical law early 17c"

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Dillow, Kevin B. "The social and ecclesiastical significance of church seating arrangements and pew disputes." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.306790.

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Books on the topic "$Ecclesiastical law early 17c"

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Library of Congress. Early Virginia religious petitions: A collaborative project. [Washington, D.C.]: Library of Congress, 1999.

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Society, Selden, ed. Select ecclesiastical cases from the king's courts 1272-1307. London: Selden Society, 2009.

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1558-1636, Caesar Julius Sir, Eden Thomas d. 1645, Coleman William d. 1668, and Selden Society, eds. Three civilian notebooks, 1580-1640. London: Selden Society, 2011.

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1935-, Hill W. Speed, Grislis Egil, and Booty John E, eds. Of the laws of ecclesiastical polity. Binghamton, N.Y: Medieval & Renaissance Texts & Studies, 1993.

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Bede. Bede's ecclesiastical history of the English people. Oxford [England]: Clarendon Press, 1992.

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Bede. Bede's Ecclesiastical history of the English people. Oxford: Oxford University Press, 1991.

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7

(Duchy), Braunschweig. Church order for Braunschweig-Wolfenbttel: How doctrine, ceremonies, and other churchly matters shall henceforth (by God's grace) be conducted, 1569. St. Louis, MO: Concordia Publishing House, 2015.

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Richard, Hooker. Of the laws of ecclesiastical polity: And other works by and about Mr. Richard Hooker. Ellicott City, Md: Via Media, 1994.

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1948-, Dam Harm-Jan van, ed. De imperio summarum potestatum circa sacra. Leiden: Brill, 2001.

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Grotius, Hugo. Il potere dell'autorità sovrana in ordine alle cose sacre e altri scritti. Tirrenia (Pisa): Edizioni del cerro, 1993.

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Book chapters on the topic "$Ecclesiastical law early 17c"

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Hess, Hamilton. "The Development of an Ecclesiastical Rule of Law." In The Early Development of Canon Law and the Council of Serdica, 60–90. Oxford University Press, 2002. http://dx.doi.org/10.1093/0198269757.003.0004.

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Korkman, Petter. "Toleration as Impartiality? Civil and Ecclesiastical Toleration in Jean Barbeyrac." In Natural Law and Toleration in the Early Enlightenment. British Academy, 2013. http://dx.doi.org/10.5871/bacad/9780197265406.003.0007.

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Jean Barbeyrac is a seminal figure in the history of natural law doctrine and one who, as a Huguenot refugee, had much to say on the topic of toleration. For Barbeyrac, natural law offered a secular rationalist principle of morality that could be used in the battle against Catholic persecution. Barbeyrac took from his seventeenth-century predecessors the natural law idea that the state was an essentially secular body and used that idea to license a much more thoroughgoing form of toleration. If the state had no religious competence then even atheism could be permitted, because it did not constitute an injury to the civil peace. This chapter shows that Barbeyrac's radical account of natural law and toleration made substantial modifications to the arguments of his predecessors, and in doing so moved natural law beyond the theological constraints that structured the defining work in the genre.

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Harris, Ian. "John Locke and Natural Law." In Natural Law and Toleration in the Early Enlightenment. British Academy, 2013. http://dx.doi.org/10.5871/bacad/9780197265406.003.0004.

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The standard modern view of Locke portrays him as a simulacrum of John Stuart Mill or John Rawls. This chapter decisively shifts the terms in which Locke is understood away from this standard view. It shows that with Locke religious worship is neither private nor optional, and is a matter of duty rather than right primarily — a duty prescribed by natural law. Natural law led Locke to jurisdiction, and, more precisely, to two corresponding jurisdictions, the eccesiastical and civil. The different ends implied in these two jurisdictions and the different ways in which they were established made church and state free from each other's direction. Worship is not tolerated by the state, for the state has no jurisdiction over it; rather, it is free. Conversely the state is required to coerce religious or irreligious groups, whether Roman Catholics or atheists, who undermine the possibility of independent civil and ecclesiastical jurisdictions.

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Green, Thomas M. "Early Modern Jurisprudence and Theology." In The History of Scottish Theology, Volume I, 328–41. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759331.003.0023.

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This chapter argues that the subject of theology and jurisprudence in Scotland falls into two distinct and often independent histories, the first concerning the reception of Canon law in Scotland prior to the Reformation in respect of both ecclesiastical and civil law, the second concerning the reception of the ‘law of God’ into ecclesiastical and criminal law during the era of the Reformation. The continued authority of Canon law in Protestant Scotland is considered alongside the development of the Church of Scotland’s disciplinary jurisdiction and the criminalization of sin. Areas in which these two distinct histories intersected in respect of marriage law and the law of incest are considered. The interaction of theology and jurisprudence among the writings of Scotland’s earliest legal writers and earliest institutional writers is also considered, including the influence of Calvinism on criminal law, and of scholastic moral theology on Scots private law.

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Sommar, Mary E. "Slavery in the Early Church." In The Slaves of the Churches, 38–63. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190073268.003.0003.

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This is the story of how the church sought to establish norms for slave ownership on the part of ecclesiastical institutions and personnel and for others’ behavior toward such slaves. Chronicles, letters, and other documents from each of the various historical periods, along with an analysis of the various policies and statutes, provide insight into the situations of these unfree ecclesiastical dependents. Although this book is a serious scholarly monograph about the history of church law, it has been written in such a way that no specialist knowledge is required of the reader, whether a scholar in another field or a general reader interested in church history or the history of slavery. Historical background is provided, and there is a short Latin lexicon. This chapter discusses slavery in the first three centuries of Christianity.

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"Men on the Move: Papal Judges-Delegate in the Province of Reims in the Early Twelfth Century." In The Use of Canon Law in Ecclesiastical Administration, 1000–1234, 23–50. BRILL, 2018. http://dx.doi.org/10.1163/9789004387249_003.

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"Creation And Government: Eternal Law As The Fountain Of Laws In Richard Hooker’s Ecclesiastical Polity." In Divine Creation in Ancient, Medieval, and Early Modern Thought, 405–23. BRILL, 2007. http://dx.doi.org/10.1163/ej.9789004156197.i-460.87.

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Morton, James. "The Byzantine Background." In Byzantine Religious Law in Medieval Italy, 81–98. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198861140.003.0005.

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Chapter 4 examines the surviving nomocanonical manuscripts from the period of Byzantine rule in early medieval southern Italy (tenth–eleventh centuries). Very few manuscripts survive from before the twelfth century, so their content must be reconstructed from later codices. Nonetheless, this chapter argues that enough evidence has been preserved to prove that Byzantine canon law was firmly established in southern Italy from the time of the empire’s ecclesiastical and administrative reorganisations of the ninth and tenth centuries. The chapter shows that, as the Byzantines reconquered territories from the Lombards and established new ecclesiastical centres in Reggio, S. Severina, and Otranto, they introduced the Nomocanon in Fourteen Titles, the Nomocanon in Fifty Titles, and the Synopsis of Canons to serve as legal reference works. It then focuses on the Carbone nomocanon (Vat. gr. 1980–1981), the only complete nomocanon to survive from the era of Byzantine rule, arguing that it was probably produced in the eleventh century for use by a Greek bishop in Lucania. The manuscript’s contents and marginalia indicate that its owner was fully aligned with the legal system of Constantinople and show no influences from neighbouring Latin jurisdictions. Finally, the chapter looks at evidence from the period of Norman conquest in the late eleventh century, revealing how the resulting tensions between Latin and Greek Christians in the region left traces of contemporary Byzantine polemic against the azyma (unleavened bread in the Eucharist) in Calabrian nomocanons of the twelfth century.

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van Egmond, Bart. "Reappropriating Paul and Exercising Discipline." In Augustine's Early Thought on the Redemptive Function of Divine Judgement, 111–95. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198834922.003.0004.

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The fourth chapter describes Augustine’s intellectual production and practice as presbyter of the Catholic congregation of Hippo Regius. It addresses his rereading of Paul against the Manichees, and describes the development of his thought on sin and free will (in relation to the Origenist tradition), his view of the salvific meaning of the Old Testament law, and his changing interpretation of the cross of Christ. Furthermore, the chapter describes the development of Augustine’s view of divine chastisement in the Christian life. A final series of sections deals with different aspects of fraternal correction and ecclesiastical discipline, and poses the question of how Augustine’s thought on these subjects relates to his later justification of coercion against the Donatists.

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Watson, Sethina. "Roman Law and the Western Tradition." In On Hospitals, 114–61. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198847533.003.0005.

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Having sketched the shape of the hospital in Carolingian Francia and Lombardy, the investigation now moves earlier, to uncover the legal foundations of welfare, as fostered under Roman law. This chapter redefines the tradition for welfare facilities in Roman law and identifies a distinctive Western legal model. It reappraises two extracts from Julian’s Epitome in the Collectio capitularium of Ansegis of Saint-Wandrille, the only evidence for Justinianic law in the West regarding hospitals. These are found not to relate to Carolingian welfare and new light is shed both on the palace’s use of these Roman law extracts and on the possible character of Ansegis’s book 2, on Louis the Pious’s ecclesiastical laws. The chapter then uses Justinian’s collections of law to explore the long development of welfare foundations in Roman law, finding them first accommodated under testamentary law. It argues that this basic testamentary model was moulded in the East, via the ‘pious promise’, into an institution under divine or public law. In the West, however, the early testamentary form was developed via the documentary practices that characterized Roman law in the West, c.400–800. These practices reveal a distinctive Western approach, which enshrined not the institution but the right to institute; that is, the right of the testator to prescribe and fix acts of human charity. A final section offers a new account of the development of welfare institutions in early Christianity, as East and West diverged and the West developed a vernacular Christian practice, one that was not owned by the church but enacted and developed by testators.

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