To see the other types of publications on this topic, follow the link: $Ecclesiastical law early 17c.
Journal articles on the topic '$Ecclesiastical law early 17c'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic '$Ecclesiastical law early 17c.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
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.
Full textAbstract:
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.
2
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.
Full textAbstract:
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.
3
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.
Full textAbstract:
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.
4
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.
Full textAbstract:
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.
5
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.
Full textAbstract:
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.
6
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.
Full textAbstract:
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.
7
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.
Full textAbstract:
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.
8
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.
Full textAbstract:
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.
9
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.
Full textAbstract:
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.
10
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.
Full textAbstract:
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.
11
CAPP, BERNARD. "BIGAMOUS MARRIAGE IN EARLY MODERN ENGLAND." Historical Journal 52, no. 3 (August 4, 2009): 537–56. http://dx.doi.org/10.1017/s0018246x09990021.
Full textAbstract:
ABSTRACTThough divorce followed by remarriage was illegal in early modern England, a considerable number of people whose marriage had failed or whose spouse had deserted ventured to marry again, either uncertain of the law or choosing to defy it. Bigamy, traditionally a spiritual offence, came to be seen as a significant social problem and was made a felony in 1604. Drawing on ecclesiastical and secular court records and a variety of other sources, this article examines the legal framework, offers a typology of bigamists, and explores the circumstances surrounding their actions. It finds that offenders, predominantly male, ranged from the unlucky or feckless to the cynically manipulative, among them a small number of serial bigamists. It also asks how such offences might come to light in an age of relatively poor communications, and examines the plight of those who had married a bigamist in good faith. Finally it examines the likelihood of conviction, and the punishment of those who confessed or were convicted.
12
Dorskaya, Aleksandra A. "THE SYMBOLS OF EVIL IN THE CANON (ECCLESIASTICAL) LAW OF RUSSIA (FROM THE 10th TO EARLY 20th CENTURY)." Bulletin of the Moscow State Regional University (Jurisprudence), no. 3 (2018): 39–48. http://dx.doi.org/10.18384/2310-6794-2018-3-39-48.
Full text
13
Bagan, Vladislav Vladimirovich. "The Formation of Ecclesiastical Law as a Scholarly Discipline in Russia in the Late 18th - Early 20th Centuries." Христианское чтение, no. 3 (2021): 321–36. http://dx.doi.org/10.47132/1814-5574_2021_3_321.
Full text
14
Ross, Richard J. "The Career of Puritan Jurisprudence." Law and History Review 26, no. 2 (2008): 227–58. http://dx.doi.org/10.1017/s0738248000001309.
Full textAbstract:
Scholars have long asked to what extent there was a distinctive Puritan jurisprudence in seventeenth-century Massachusetts. Purita n jurisprudenceis a shorthand that refers to those elements of seventeenth-century Massachusetts's laws and institutions designed or selected because of the early colony's religious commitments. Among the fundamentals of Puritan jurisprudence were the integrated and determined use of legal and ecclesiastical institutions to foster a godly community, the importance of the Bible as a touchstone for the legitimacy of rules, and a constitutional order restricting colony-wide voting and political office to regenerate members of covenanted churches. Some historians speak of “Puritan justice” or “Puritan legal culture” rather than “Puritan jurisprudence.” Differing in detail and emphasis, these formulations point to a core idea animating much writing about early Massachusetts: that the colony lived by a legal order distinctive by the standards of contemporary England and her North American and Caribbean colonies and strongly shaped by Puritan religious commitments and social thought.
15
PAWLIKOWSKA-BUTTERWICK, WIOLETTA. "‘Lithuanians’, ‘Foreigners’ and Ecclesiastical Office: Law and Practice in the Sixteenth-Century Grand Duchy Of Lithuania." Journal of Ecclesiastical History 68, no. 2 (February 8, 2017): 285–305. http://dx.doi.org/10.1017/s0022046916000646.
Full textAbstract:
The distinction between ‘Lithuanians’ and ‘foreigners’ made by the law of the Grand Duchy of Lithuania with regard to eligibility for senior offices was less clear in practice. The protracted dispute, between 1591 and 1600, over the royal nomination of a ‘Pole’ as bishop of Vilna, has traditionally been presented as an expression of Lithuanian particularism after the 1569 union between Lithuania and the Kingdom of Poland. Using neglected capitular sources, this article re-examines the crucial, but underappreciated role played by the Vilna cathedral chapter in this cause célèbre. The motives for the chapter's opposition to the royal nominee cast doubt on the allegedly overwhelming importance of the defence of Lithuanian ‘sovereignty’. Instead, the case demonstrates the significance of material interests in the actions of early modern ecclesiastical corporations.
16
Muldoon, James. "Grotius and English Charters." Grotiana 37, no. 1 (December 19, 2016): 16–42. http://dx.doi.org/10.1163/18760759-03700001.
Full textAbstract:
When examined collectively the trade and colonization charters that Tudor and Stuart monarchs issued demonstrate a developing English conception of world order based on trade monopolies and not on ecclesiastical premises or on the Grotian notion of freedom of the seas. There were therefore three early modern conceptions of how an international order might be created, not one, all of which affected European trade with the Americas and Asia. They all began with the assumption that the discovery of the several new worlds required developing rules of engagement to reduce if not to eliminate conflict among the European nations engaged in overseas exploration, settlement, and trade. As Koen Stapelbroek has pointed out, understanding the role of legal notions in the actual historical creation and gradually evolving function of a new kind of commercial-political entity, requires a distinctly non-doctrinal focus.’
17
VON FRIEDEBURG, ROBERT. "THE JURIDIFICATION OF NATURAL LAW: CHRISTOPH BESOLD'S CLAIM FOR A NATURAL RIGHT TO BELIEVE WHAT ONE WANTS." Historical Journal 53, no. 1 (January 29, 2010): 1–19. http://dx.doi.org/10.1017/s0018246x09990586.
Full textAbstract:
ABSTRACTLuther's early statements, such as that belief is a ‘free work’ and must not be coerced, gained crucial relevance in the juridical debates about the meaning of the Augsburg Peace of Religion in the empire. Christoph Besold was among those transforming the reformers' message into a legal claim of subjects against their governments, based on an alleged natural right to believe what one wants. He thus transferred Luther's claim based on the reformer's trust in the work of the divine word into a juridical claim for subjects against their civil and ecclesiastical magistrates. Besold's argument is thus an example of the important changes in political and religious thought developing within the genre of the German politica during the first half of the seventeenth century.
18
Becker, Hans-Jürgen. "Das Mehrheitsprinzip bei kirchlichen Wahlen." Annuarium Historiae Conciliorum 49, no. 1 (April 28, 2020): 162–95. http://dx.doi.org/10.30965/25890433-04901009.
Full textAbstract:
Abstract The principle of majority elections has been developed in canon law, especially in the area of episcopal und papal elections. The ecclesiastical majority principle has also shaped the forms of voting in secular law. Controversies concerning the system could easily arise, when members of the minority refused to comply with the majority’s decision, as happened in 1437 at the Council of Basle with regard to the removal of the council to another city, or in 1529 at the 2nd Diet of Speyer concerning the Edict of Worms. To avoid open dissension after elections in the early Middle Ages unsuccessful voters were compelled to adopt the majority’s decision (Folgezwang). Later on proceedings were developed to avoid controversial elections altogether.
19
McSheffrey, Shannon. "Sanctuary and the Legal Topography of Pre-Reformation London." Law and History Review 27, no. 3 (2009): 483–514. http://dx.doi.org/10.1017/s0738248000003886.
Full textAbstract:
In early sixteenth-century England, the presence of ecclesiastical sanctuaries in the legal, social, and religious landscape was a matter of great controversy. Any English church could offer temporary sanctuary to an accused felon, a privilege that expired after about forty days, following which the felon had to abjure the realm. More contentiously, by the late Middle Ages a number of English religious houses used their status as royally-chartered liberties to offer sanctuary permanently, not only to accused criminals, but also to debtors, alien craftsmen, and, especially during the civil wars of the fifteenth century, political refugees. These ecclesiastical liberties, small territories that exercised varying extents of juridical and political autonomy, considerably complicated the jurisdictional map of late medieval England. London in particular, with its host of liberties and peculiars, constituted a patchwork quilt of legal jurisdictions. Although the mayor and aldermen of London were wont to say that the “chyeff and most commodyous place of the Cytie of London” constituted “one hoole Countie and one hoole Jurisdiccion and libertie” over which its citizens ruled, saving only the authority of the king himself, this confident as-sertion of the City's jurisdiction over the metropolitan square mile was constantly belied by the presence of these liberties. The most notable—and for the City, the most troubling—was the sanctuary at St. Martin Le Grand, a sizeable area within the bounds of the City, before 1503 governed by the dean and canons of the College of St. Martin, after 1503 absorbed into the lands attached to Westminster Abbey and ruled by the abbot. For about two centuries before St. Martin Le Grand was dissolved in 1542, its precinct was home to a thriving population of debtors, accused felons, and perhaps most numerously alien craftsmen, all seeking for various reasons to avoid civic or royal jurisdiction.5 The dissolution of religious houses which accompanied the English Reformation greatly lessened, although did not altogether eradicate, the privileges of St. Martin's.
20
O'Donovan, Joan Lockwood. "The Church of England and the Anglican Communion: a timely engagement with the national church tradition?" Scottish Journal of Theology 57, no. 3 (August 2004): 313–37. http://dx.doi.org/10.1017/s0036930604000237.
Full textAbstract:
The following is a critical appreciation of the Reformation theological foundations of English church establishment which seeks to demonstrate their importance not only for the Church of England in the current political and legal climate, but also for non-established Anglican churches and for the Anglican Communion. It identifies as their central structure the dialectic of church and nation, theologically articulated as the dialectic of proclamation and jurisdiction. The enduring achievement of this dialectic, the paper argues, is to hold in fruitful tension the two unifying authorities of sinful and redeemed human society: the authority of God's word of judgement and grace and the authority of the community of human judgement under God's word. The historical analysis traces the evolving ecclesiastical and civil poles of the dialectic through their Henrician, Edwardian and Elizabethan formulations, from William Tyndale and the early Cranmer to John Whitgift and Richard Hooker, clarifying the decisive late medieval and contemporary continental influences, and the key schematic contribution made by the humanist Thomas Starkey. A continuous concern of the exposition is with the paradigmatic place occupied by interpretations of monarchical Israel in the shifting constructions of both civil and ecclesiastical polity, with the attendant dangers from a relatively undialectical relation between the ‘old Israel’ and the ‘new Israel’. The concluding evaluation and application focuses on the contemporary need for a theological construction of the nation and the church that grasps the complexities of the dialectic of proclamation and jurisdiction, especially as they bear on the unity and discontinuity of ecclesiastical and secular law at the national and international levels.
21
Baker, J. H. "Famous English Canon Lawyers: V." Ecclesiastical Law Journal 3, no. 12 (January 1993): 5–9. http://dx.doi.org/10.1017/s0956618x00001666.
Full textAbstract:
The first post-Reformation English canonist in our series seems, on the face of his curriculum vitae a very different kind of lawyer from the medieval writers previously described. He was not a doctor of law, and seems to have spent a mere three years at university. He went up to Oxford as a relatively mature student (in his early 20s) in 1576, having already served an apprenticeship as clerk in the registar's office at York and having become a notary public and actuary of the Consistory Court in the early 1570s. He was a local boy, born and educated in the city of York, and came to the attention of the ecclesiastical authorities as a promising clerk at about the age when more fortunate youngsters were sent to Oxford or Cambridge. Swinburne's study therefore began in the office, and in the routines of clerical writing: a preparation which, in other spheres of law also, could prove as valuable as college life for the true scholar.
22
Geary, Patrick J. "Land, Language and Memory in Europe 700–1100." Transactions of the Royal Historical Society 9 (December 1999): 169–84. http://dx.doi.org/10.2307/3679398.
Full textAbstract:
Literacy and property have been among the dominant themes of early medieval history for more than a decade. Since the work of Rosamund McKitterick, Janet Nelson and others, contrary to the assumptions of an earlier generation of scholars, scholars have recognised that die written word profoundly influenced die transmission of die past and the control of the present in early medieval Europe. This was true not only in die highest circles of ecclesiastical and royal life, but also at much more humble levels across Europe. If, as Janet Nelson reminds us, even freedmen could still be referred to in die ninth century as ‘cartularii’, literally charter-men, ‘because of the written carta of manumission required by law courts as symbol and proof of liberation’, die written word reached indeed deeply into society.
23
Jurasinski, Stefan. "Reddatur Parentibus: The Vengeance of the Family in Cnut's Homicide Legislation." Law and History Review 20, no. 1 (2002): 157–80. http://dx.doi.org/10.2307/744159.
Full textAbstract:
TheAnglo-Saxon Chroniclestates that during his 1018 meeting in Oxford with the leading English ecclesiastical and lay authorities, roughly one year after his accession to the throne in England, Cnut agreed to uphold “the laws of Edgar” during his reign. The ultimate outcome of this and subsequent meetings is the code issued at Winchester in 1020, referred to by editorial convention as I and II Cnut. This code contains, respectively, the religious and secular laws of England promulgated under Cnut. The code is contained in four manuscripts in Old English. The earliest are British Library, Cotton Nero A.i and Cambridge, Corpus Christi College (CCCC) 201, both dated to the mid-eleventh century; the latest, Cambridge, Corpus Christi College (CCCC) 383 and British Library, Harley 55, belong to the early twelfth century. Cnut's code reappears in three twelfth-century Norman Latin tracts intended to acquaint French authorities with English law, theInstituta Cnuti, Consiliatio Cnuti, andQuadripartitus. TheLeges Henrici Primi, prepared by the same author as theQuadripartitus, also draws heavily on Cnut's legislation.
24
Brown, Kate Elizabeth. "Rethinking People v. Croswell: Alexander Hamilton and the Nature and Scope of “Common Law” in the Early Republic." Law and History Review 32, no. 3 (August 2014): 611–45. http://dx.doi.org/10.1017/s0738248014000248.
Full textAbstract:
While serving in the New York Assembly in 1787, Alexander Hamilton identified a problematic clause in New York's constitution. Remarking on an act for settling intestate estates, Hamilton asked, “The question is what is meant in the constitution, by this phrase ‘the common law’?” He went on to describe an important distinction in his legal and constitutional thought: These words have in a legal view two senses, one more extensive, the other more strict. In their most extensive sense, they comprehend the [British] constitution, of all those courts which were established by memorial custom, such as the court of chancery, the ecclesiastical court, &c. though these courts proceed according to a peculiar law. In their more strict sense, they are confined to the course of proceedings in the courts of Westminster in England, or in the supreme court of this state. After suggesting that the constitution's reference to “common law” encompassed more than just the case reports generated by the central courts in Westminster, Hamilton determined that, “I view it as a delicate and difficult question; yet, I am inclined to think that the more extensive sense may be fairly adopted.” Although Hamilton referred here only to the intestacy bill, the distinction between a “strict” and an “extensive” common law would animate his constitutional and legal thought, many years later, during his famous defense of Federalist publisher Harry Croswell.
25
Arnold, Jonathan. "John Colet and Polydore Vergil: Catholic Humanism and Ecclesiology." Moreana 51 (Number 197-, no. 3-4 (December 2014): 138–65. http://dx.doi.org/10.3366/more.2014.51.3-4.9.
Full textAbstract:
This paper examines the relationship between two early modern Catholic humanists who both wrote extensively on the need for ecclesiastical and clerical reform. Colet, Dean of St. Paul’s (1505–19), and Vergil, Archdeacon of Wells (1508–46), were well acquainted and both members of Doctors Commons. Their written works demonstrate a considerably critical stance on clerical behaviour, notably Colet’s sermons and lectures as well as Vergil’s De Inventoribus Rerum and Adagia. Drawing upon original manuscript and primary sources, I argue that these texts demonstrate a shared desire for a highly clerical, perfected Church that could be immune from lay criticism and that they both entertained conciliarism as a possible solution to the Church’s problems, for which both men received vehement opposition. Although both were ultimately disappointed in their ambitions, I suggest that they held true to their belief that the Church could be morally and spiritually renewed without the need for a Reformation.
26
MERRITT, J. F. "CONTESTED LEGITIMACY AND THE AMBIGUOUS RISE OF VESTRIES IN EARLY MODERN LONDON." Historical Journal 54, no. 1 (January 31, 2011): 25–45. http://dx.doi.org/10.1017/s0018246x10000555.
Full textAbstract:
ABSTRACTStudies of the rise of London's vestries in the period to 1640 have tended to discuss them in terms of the inexorable rise of oligarchy and state formation. This article re-examines the emergence of the vestries in several ways, moving beyond this traditional focus on oligarchy, and noting how London's vestries raised much broader issues concerning law, custom, and lay religious authority. The article reveals a notable contrast between the widespread influence and activities of London vestries and the questionable legal framework in which they operated. The political and ecclesiastical authorities – and in particular Archbishop Laud – are also shown to have had very mixed attitudes towards the legitimacy and desirability of powerful vestries. The apparently smooth and relentless spread of select vestries in the pre-war period is also shown to be illusory. The granting of vestry ‘faculties’ by the authorities ceased abruptly at the end of the 1620s, amid a series of serious legal challenges, on both local and ideological grounds, to the existence of vestries. Their rise had thus been seriously contested and stymied well before the upheavals of the 1640s, although opposition to them came from multiple sources – Laudians, Henry Spelman and the royal Commission on Fees, and local parishioners – whose objectives could vary.
27
Shuler, Eric. "Caesarius of Arles and the Development of the Ecclesiastical Tithe: From a Theology of Almsgiving to Practical Obligations." Traditio 67 (2012): 43–69. http://dx.doi.org/10.1017/s036215290000132x.
Full textAbstract:
Few taxes have been as enduring and as evocative of identity as the Christian ecclesiastical tithe, arguably “the most important tax in the economic development of western Europe.” The secular enforcement in 779 of the tithe's collection by the church clearly marked a decisive moment in its evolution, but its earlier origins as religious law have been much more elusive. Scholarship over the past five decades has made clear that mandatory tithing to the church was not a custom of early Christianity but rather something that developed in late antiquity, with our first unambiguous evidence of a developed theory of the tithe coming from sixth-century Gaul. The key figure providing that evidence was Caesarius of Arles (ca. 469–542).
28
George, Charles. "Shared use of Church Buildings or is Nothing Sacred?" Ecclesiastical Law Journal 6, no. 31 (July 2002): 306–17. http://dx.doi.org/10.1017/s0956618x00004701.
Full textAbstract:
It may soon be possible, courtesy Cameron Ch as she then was, not only to lunch (as many already do) but also to dine at the crypt restaurant below St Mary-le-Bow, and to enjoy beer, cider or wine with your meal. That is a thoroughly secular use of part of a church; and it is something which would not have been permitted until relatively recent times. To Cock burn CJ in 1869 there was a self-evident distinction between ‘purposes purely secular’ and ‘those of an ecclesiastical character’, and ‘nothing short of an Act of Parliament can authorise the conversion of consecrated ground to secular purposes’. In one of his early judgments, sitting as Deputy-Chancellor, George Newsom QC declined to allow the use of consecrated land for an NCP car park, referring to consecration as ‘this special status [which] has been a striking privilege of the Church of England. It is no part of the duty of this court to seek to whittle it away’. The aim of this Paper is to explore the erosion of the divide between ‘secular’ and ‘ecclesiastical’ purposes, and to suggest that it offers a novel role for the Church both in the countryside and in towns and cities. I also touch briefly on some of the problems of rating, planning and listed building law which arise.
29
Kasten, Brigitte. "II. Kirchliche Zufluchtsorte im Frühmittelalter." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 138, no. 1 (June 1, 2021): 29–100. http://dx.doi.org/10.1515/zrgg-2021-0002.
Full textAbstract:
Abstract Church Spaces for Refugees in Early Medieval Ages. The paper deals with the spatial regulations of asylum. It shows that the spacious area of asylum of Late Antiquity was considerably reduced by many gentile Germanic kings. However, with the increasing Christianisation and the founding of monasteries and regional churches, the ability to grant asylum was extended to these churches, whereas in Late Antiquity in the Western Roman Empire, very likely only the episcopal churches – partly due to the lack of too many other churches – were qualified to grant asylum. In this way, a harmonization between profane and ecclesiastical places of refuge took place for just as “all” churches were (before?) all royal courts and not only the king’s residence were spaces of refuge. In the case of church spaces of refuge, it increasingly became a qualitative requirement that the church building or its parts (altar, gates etc.) had been sanctified by episcopal ordination. The reduction in the size of the asylum area did not initially go hand in hand with an impairment in the right of asylum. The bishop’s (priest’s) obligation to intercede or right to intercede was only levelled under emperor Charlemagne with reference to the competence of any worthy person to intercede.
30
MacQueen, Hector L. "Pleadable Brieves, Pleading and the Development of Scots Law." Law and History Review 4, no. 2 (1986): 403–22. http://dx.doi.org/10.2307/743833.
Full textAbstract:
Until recently there was a depressing consensus about Scottish legal history in the medieval and early modern periods. It was accepted that in the twelfth and thirteenth centuries the Scots had gone some way to building a legal system on the model found in contemporary England, involving the holding of courts in the localities by sheriffs and justiciars on ayres, the use of royal writs or brieves to commence litigations, and the determination of cases by juries or assizes. The fullest account of Scottish law, Regiam Majestatem, was based on the twelfth century English text Glanvill. The wars and other skirmishes with England which began in 1296 and continued into the sixteenth century brought an end to the development of the ‘Scoto-Norman’law and legal system however. Cut off from its basic inspiration and lacking either a central court structure or a legal profession, Scots law regressed throughout the later middle ages. Demands for better justice led the king by the end of the fifteenth century to establish a group of royal councillors to hold judicial sessions or sittings at which such complaints might be heard. The councillors—the lords of council and session—might be either ecclesiastics or laymen; the former were more numerous and possessed greater legal skills. The procedure of the emerging court thus followed that of the ecclesiastical courts and the substantive law which developed was also canonical and civilian in character. By the mid-sixteenth century the Session was established as the main civil court in Scotland and Scots law had made a fresh start, severed from its original roots.
31
Miller, Peter N. "‘Freethinking’ and ‘Freedom of Thought’ in eighteenth-century Britain." Historical Journal 36, no. 3 (September 1993): 599–617. http://dx.doi.org/10.1017/s0018246x00014321.
Full textAbstract:
ABSTRACTIn early modern Europe, religious heterodoxy and intellectual inquiry posed serious challenges to the authority of centralizing forces both secular and ecclesiastical. At the same time, however, these dangerous developments had been driven by those individuals whom eighteenth-century writers had adopted as ‘culture heroes’ for an age increasingly self-conscious of its own enlightened status. In Britain, the newly established order defended itself against the scepticism and moral determinism of ‘freethinkers’ by upholding a religious and moral order based on liberty. But ‘freethinkers’ such as Anthony Collins were themselves the inheritors of, and propagandists for, the seventeenth-century revolution in science which underpinned the ideology being wielded against them. Their challenge elicited from Edmund Law an argument which co-opted their epistemology to ground the familiar metaphysics of liberty associated with the Newtonian position of Samuel Clarke. Where ‘freethinking’ had been perceived as a dangerous solvent of the social order, ‘freedom of thought’, within limits that were themselves a leading subject of debate in late eighteenth- and early nineteenth-century Britain, could be upheld as consistent with the demands of political society.
32
KIDD, COLIN. "CIVIL THEOLOGY AND CHURCH ESTABLISHMENTS IN REVOLUTIONARY AMERICA." Historical Journal 42, no. 4 (December 1999): 1007–26. http://dx.doi.org/10.1017/s0018246x99008778.
Full textAbstract:
The discourse of America's founding generation, it is now widely recognized, was rich and variegated in its composition, drawing upon the commonwealth tradition, the English common law, Montesquieu, Locke, Scottish moral philosophy, and the classics. These sources yield significant clues as to how eighteenth-century Americans viewed religious liberty and church–state relations, subjects of the First Amendment to the Constitution. Supplementing the work of legal historians on the religious provisions of the early state constitutions, the study of political ideas suggests the parameters of the eighteenth-century debate over the effects which various types of religious belief and ecclesiastical establishment had upon manners and institutions. It also reveals the ideological underpinnings of the apparently inconsistent legal provisions for religion at the state level, and, far from settling the elusive question of ‘original intent’, highlights the nature of the divisions within the founding generation.
33
Slaughter, Ingrid. "The Dioceses, Pastoral and Mission Measure 2007." Ecclesiastical Law Journal 11, no. 1 (September 16, 2008): 4–35. http://dx.doi.org/10.1017/s0956618x08001609.
Full textAbstract:
The Dioceses, Pastoral and Mission Measure 2007 is the longest and widest-ranging piece of legislation to come before the General Synod since the early 1980s. Like the recommendations of the Review Group under Professor Peter Toyne, to which it gives effect, the Measure focuses on the twin themes of mission and ministry. The Review Group's remit was ‘to ensure flexible and cost effective procedures which fully meet changing pastoral and mission needs’, and the Measure extends to areas of the life and legislation of the Church of England as diverse as the Church's provincial and diocesan structure, the delegation of episcopal functions, diocesan administration, and the processes for making changes to local church organisation and closing churches for regular public worship. The Measure also establishes a single central Church source of information and advice on church buildings. Finally, it provides a very practical example of the concept of a ‘mixed-economy church’ by laying down the legal framework for the new bishops' mission orders, which are intended to provide endorsement, supervision and support for a wide and growing variety of new mission initiatives, but without undermining the traditional parochial structures. The article sets out to provide an overview of the legislation, and to highlight the provisions that are likely to be of particular importance in practice or of particular interest for the study of ecclesiastical law.
34
Dorin, Rowan W. "“Once the Jews have been Expelled”: Intent and Interpretation in Late Medieval Canon Law." Law and History Review 34, no. 2 (March 8, 2016): 335–62. http://dx.doi.org/10.1017/s0738248016000043.
Full textAbstract:
Sometime in early 1434, two northern Italian counts, Francesco Pico della Mirandola and his brother Giovanni, sent a letter to Pope Eugene IV (r. 1431–47). Out of concern for their subjects, who had long suffered from a shortage of credit, Francesco and Giovanni had allowed some Jews to settle in their lands and lend at interest. In addition, the brothers had rented a house to these Jews for the purpose of moneylending. At the time, the noblemen stressed, they had not believed their actions to be unlawful. They had since come to fear, however, that they had inadvertently brought automatic excommunication upon themselves by violating the provisions of Usurarum voraginem, a decree first issued at the Second Council of Lyon in 1274 that called on secular and religious authorities to refuse lodging to foreign usurers and, in addition, to expel such usurers from their lands. The brothers' uncertainty, the petition noted, reflected the varied opinions of contemporary jurists (presumably those at Bologna, a mere 60 kilometers away), who disagreed on whether the decree was to be understood in reference to Jewish as well as Christian moneylenders. Deciding to err on the side of caution, the brothers petitioned the Holy Father to grant them absolution, if they had indeed incurred ecclesiastical censure through their actions. In addition, they asked to be granted a dispensation allowing the Jews to remain in their lands, so as to spare their subjects from even greater economic misfortune.
35
Wolffe, John. "The Church of England in the Diocese of London: What does History have to Offer to the Present-Day Church?" Studies in Church History 49 (2013): 248–58. http://dx.doi.org/10.1017/s0424208400002175.
Full textAbstract:
On 21 February 1900 in St Paul’s Cathedral Bishop Mandell Creighton delivered his first, and what proved to be his last, visitation charge to the clergy of the diocese of London. He began by reflecting briefly on the particular challenges of his own position and of London itself, but quickly moved on to focus on current ecclesiastical controversies, especially the nature of holy communion and the practice of confession. Creighton had been a historian long before he became a bishop, and it was therefore natural that his response to contemporary issues should rapidly move into an insightful lecture on Reformation history. His analysis was both specific and general. For example, he pointed out that breakfast was not normally eaten in medieval and early modern societies and so congregations naturally came fasting to a late morning communion service. In changed social circumstances it would be inappropriate ‘to revive this custom as an absolute law’.
36
Muir, Angela Joy. "Midwifery and Maternity Care for Single Mothers in Eighteenth-Century Wales." Social History of Medicine 33, no. 2 (November 8, 2018): 394–416. http://dx.doi.org/10.1093/shm/hky092.
Full textAbstract:
Summary The history of childbirth in England has gained increasing momentum, but no studies have been carried out for Wales, and therefore the nature of childbirth in early modern Wales remains largely unknown. This article seeks to redress this imbalance in two ways: First, by examining Welsh parish, court and ecclesiastical records for evidence of those who attended parturient women. This evidence demonstrates that Welsh midwives were not a homogeneous group who shared a common status and experience, but were a diverse mix of practitioners drawn from a range of socioeconomic backgrounds. Secondly, by assessing the care these practitioners provided to some of the most marginalised in Welsh society: unmarried pregnant women. Parish resources were limited, and poor law provision often covered only what was considered absolutely necessary. Analysis of what was deemed essential for the safe delivery of illegitimate infants provides a revealing glimpse of to the ‘ceremony of childbirth’ in eighteenth-century Wales.
37
Wade, Janet. "'Lock up your valuables': Perceptions of sailors and sea-merchants in port cities of late antiquity and early Byzantium." Journal of the Australian Early Medieval Association 10 (2014): 47–75. http://dx.doi.org/10.35253/jaema.2014.1.3.
Full textAbstract:
The ongoing presence of sailors and sea-merchants in the major port cities of the late antique and early Byzantine periods made them an important and influential subculture. This paper looks at the range of perceptions of the maritime community that exist in late Roman and early Byzantine sources. Various secular and ecclesiastical attitudes are discussed and compared with relevant sections of the civil and maritime law codes. When sailors, sea-merchants, and other mariners are mentioned by their contemporaries, they are more often than not portrayed in an unfavourable light. The legislation suggests that the negative perception of these men does have some basis in reality, yet the traditional view of these men as unsavoury and dishonest characters needs to be questioned. This paper asks why the ancient sources perceived sailors and sea-merchants in the way that they did. It discusses the social stigma attached to these men, the potential moral threat that they posed, their superstitious nature, and their socially disruptive and subversive behaviour. This paper highlights the reasons why modern scholars have tended to overlook the presence of the maritime community and their sociological importance in major port cities of this period. It argues that the maritime crowd had an integral role in the shaping of the economy, society, and even the church during this period.
38
CAVANAGH, EDWARD. "PRESCRIPTION AND EMPIRE FROM JUSTINIAN TO GROTIUS." Historical Journal 60, no. 2 (November 8, 2016): 273–99. http://dx.doi.org/10.1017/s0018246x16000339.
Full textAbstract:
AbstractEuropeans have long justified a right to something or other by invoking ‘prescription’ (that is, the creation of a legal entitlement by the passage of time). Yet for all the importance of prescription in the creation of international geopolitical order, no genealogy of the idea has emerged from historical or legal scholarship. This article will explore the relationship between prescription and empire within private, public, corporate, and ecclesiastical legal contexts. The idea of prescription is then considered within the specific ideological context of European imperialism between 1580 and 1640, when a series of diplomatic disputes and intellectual debates were had in Europe principally regarding maritime navigation and foreign dominion by ‘donation’. The metamorphosis of prescription in legal and political thought from Justinian (483–565) to Hugo Grotius (1583–1645) is therefore explored. Additional colour is given to this intellectual history by contrasting how corporate interests in North America attempted to justify their foreign land holdings in forts, ports, and hinterland by invoking ‘prescription’ during the early stages of colonial expansion. The case will be made for historians of early modern imperialism and international law to take closer notice of the opportunism of those prepared to justify prescription in theory and practice.
39
Rider, Catherine. "‘Danger, Stupidity, and Infidelity’: Magic and Discipline in John Bromyard’sSumma for Preachers." Studies in Church History 43 (2007): 191–201. http://dx.doi.org/10.1017/s042420840000320x.
Full textAbstract:
One of the places in which medieval churchmen tackled questions of discipline and diversity was in their writing on magic. Magic appeared in many different kinds of ecclesiastical writing, including canon law, theology, and the records and manuals of the inquisition. Some of these sources have been well studied; in particular, historians have often attempted to trace the medieval origins of the early modern witch-hunts in theology and inquisition records. However, many other texts have received little attention, among them the pastoral manuals written from the thirteenth century onwards, which instructed priests on how to preach and hear confessions. In contrast to academic theology and inquisitors’ manuals, which catered for specialist readers, pastoral manuals were aimed at any Latin-literate cleric, perhaps especially at students in England’s secular and religious schools. Because they reflect what this wider audience might be expected to encounter, they offer a broader perspective than do the specialist texts on why medieval people employed diverse ritual practices, and why churchmen labelled some of these practices as ‘magic’ and sought to discipline them.
40
de la Puente Luna, José Carlos. "That Which Belongs to All: Khipus, Community, and Indigenous Legal Activism in the Early Colonial Andes." Americas 72, no. 1 (January 2015): 19–54. http://dx.doi.org/10.1017/tam.2014.4.
Full textAbstract:
In recent years, scholars from a variety of fields have advanced the idea that native legal activism worked as one of the most widespread and effective strategies for the defense of communal assets, political autonomy, and customary law in early colonial Peru. Indigenous claimants, petitioners, and legal intermediaries begin to appear in the historical record just ten years after the initial encounter at Cajamarca in 1532. After embracing Iberian legal culture in the early 1540s, individuals of noble Inca descent began to engage with local and metropolitan courts, preparing letters, reports, petitions, and proofs of services and merit aimed at securing their status within the new order. Native lords (caciques) and communities of non-Inca origin joined as active litigants and petitioners in the late 1540s, hiring advocates and solicitors and sending their own delegations to tend to their legal affairs in Lima, seat of a royal court of appeal. During the two decades that followed the promulgation of the New Laws (1542), which granted these courts of appeal or audiencias in the Americas the right to assess and revise Indian tributary quotas, Lima experienced an explosion of litigation by native polities requesting a reduction of their fiscal burdens and caciques seeking confirmation of their chiefly rank. Lawsuits pertaining to lands and pastures, town boundaries, and lordship (cacicazgo) rights soon ensued. In the early 1560s, the first Andean caciques crossed the Atlantic on behalf of their communities and reached the still-itinerant Habsburg court. Indigenous groups quickly became expert litigators in secular and ecclesiastical courts. Their legal activism continued unabated throughout the Habsburg era.
41
HUNTER, IAN. "SECULARIZATION: THE BIRTH OF A MODERN COMBAT CONCEPT." Modern Intellectual History 12, no. 1 (August 4, 2014): 1–32. http://dx.doi.org/10.1017/s1479244314000158.
Full textAbstract:
This essay argues that today's dominant understanding of secularization—as an epochal transition from a society based on religious belief to one based on autonomous human reason—first appeared in philosophical histories at the beginning of the nineteenth century and was then anachronistically applied to early modern Europe. Apart from the earlier and persisting canon-law use of the term to refer to a species of exclaustration, prior to 1800 the standard lexicographical meaning of “secularization” was determined by its use in public law and diplomacy to name the civil conversion of ecclesiastical property and jurisdiction. Prior to the same point the most important use of the adjective “secular” was in political jurisprudence as a synonym for temporal, civil, and political, to name a religious–political settlement from which rival theologies had been excluded as the condition of its negotiation. But this usage was domain-specific, was quite compatible with religious devotion, and had nothing to do with the putatively secular character of the spheres of philosophy or the natural sciences, thence “society”. Far from seeing a shift from religious belief to autonomous rationality, early modernity in fact witnessed a significant intensification of religious belief and practice under the impact of rival confessional movements. It also emerges that the nineteenth century was characterized not by the supersession of confessional religions—or their conversion into rational religion or moral philosophy—but by their remarkable persistence and adaptation to new circumstances. In light of this, the essay argues that the variant philosophical-historical conceptions of secularization—as the epochal supersession of religious belief by human rationality—should not be understood as theories of a putative process but as “combat concepts”. These were internal to an array of rival cultural-political factions that first emerged in early nineteenth-century Protestant Germany and that continue to do battle today.
42
Бусарев, И. А., В. Н. Козляков, and А. А. Севастьянова. "“He remains single, but it isn’t good for a man to be single…”: New Documents on the History of Private Life in Russia in the Second Half of the 17th Century." Вестник Рязанского государственного университета имени С.А. Есенина, no. 1(70) (March 17, 2021): 7–20. http://dx.doi.org/10.37724/rsu.2021.70.1.001.
Full textAbstract:
В статье и Приложении к ней изучается архивная находка — рукописные сборники из приказов 1660–1670-х годов рязанских архиереев Илариона и Иосифа, представляющие собой документы церковного суда по «духовным делам», так называемые Записные книги судных дел двух рязанских иерархов XVII века. Краткую источниковедческую и археографическую характеристику рукописных сборников, как показало наше исследование, дал в начале XX века церковный историк С. Н. Введенский, опубликовавший некоторые из документов в Воронеже. В данной статье раскрывается уникальность рязанских исторических источников на примерах сюжетов по истории частной жизни из материалов церковных судебных дел. Приводятся данные по вопросам жизни и быта сельских и городских общин, семейной жизни и семейного права в России XVI–XVII веков. Высказывается предположение о важности исторической информации, приведенной в ряде документов, о судьбах и жизни возвращавшихся из плена служилых людей. Публикация этих документов в Приложении позволяет ввести в научный оборот значительное количество впервые обнаруженных источников 1660–1670-х годов. The article and the supplement attached to it investigate archival materials, namely collections of manuscripts by archbishops Hilarion and Joseph in the 1660s–1670s. The manuscripts and decrees issued by the two archpriests are related to the ecclesiastical court. The archaeographic and historical value of the manuscripts was roughly estimated by church historian S. N. Vvedensky, who published his research in Voronezh in the early 20th century. The present article aims at highlighting the unique character of Ryazan historical sources and at analyzing stories pertaining to private lives and based on materials of the ecclesiastical court. The article provides data regarding the daily routine of rural and urban communities, family life and family law in Russia of the 16th–17th centuries. The authors assume that some documents are of great historical significance, for they tell us about the life and fate of former prisoners-of-war. By attaching a supplement to the article, the authors is enabled to investigate a significant amount of previously uninvestigated manuscripts dating back as far as the 1660s–1670s.
43
Bursell, Judge Rupert. "With an Eye Towards 2000." Ecclesiastical Law Journal 4, no. 19 (July 1996): 536–44. http://dx.doi.org/10.1017/s0956618x00002520.
Full textAbstract:
I confess that I am not a natural early riser but it is still a great joy for me to celebrate at my parish's 8 o'clock Holy Communion service, especially when the rite is the Holy Communion service from the Book of Common Prayer. I am not saying that I do not enjoy, and do not see the worth of, the rites in the Alternative Service Book, but there is something very special about the rhythms and cadences of the old service and I personally want to see the continuation of all those services contained in the Book of Common Prayer. I therefore want to pose four questions:(1) How has the Church of England (Worship and Doctrine) Measure 1974 attempted to ensure the continuing availability of the forms of service contained in the Book of Common Prayer?(2) What are the ‘occasions for which no provision has been made’ embraced by the provisions of Canon B5, para 2?(3) What, if any, is the legal status of a form of service once, but no longer, authorised?(4) To what extent does the ecclesiastical law relating to the liturgy bind lay ministers?
44
Harvey, Margaret. "Church Discipline in the Later Middle Ages: the Priors of Durham as Archdeacons." Studies in Church History 40 (2004): 95–105. http://dx.doi.org/10.1017/s0424208400002795.
Full textAbstract:
It is often forgotten that the medieval Church imposed public penance and reconciliation by law. The discipline was administered by the church courts, among which one of the most important, because it acted at local level, was that of the archdeacon. In the later Middle Ages and certainly by 1435, the priors of Durham were archdeacons in all the churches appropriated to the monastery. The priors had established their rights in Durham County by the early fourteenth century and in Northumberland slightly later. Although the origins of this peculiar jurisdiction were long ago unravelled by Barlow, there is no full account of how it worked in practice. Yet it is not difficult from the Durham archives to elicit a coherent account, with examples, of the way penance and ecclesiastical justice were administered from day to day in the Durham area in this period. The picture that emerges from these documents, though not in itself unusual, is nevertheless valuable and affords an extraordinary degree of detail which is missing from other places, where the evidence no longer exists. This study should complement the recent work by Larry Poos for Lincoln and Wisbech, drawing attention to an institution which would reward further research. It is only possible here to outline what the court did and how and why it was used.
45
Snežana, Filipova. "Notes About the Commemoration of the Powerful Menin the Medieval Art in Macedonia." European Journal of Interdisciplinary Studies 2, no. 1 (April 30, 2016): 68. http://dx.doi.org/10.26417/ejis.v2i1.p68-73.
Full textAbstract:
Rulers’ portraits as symbols of the institution of monarchy were used on coins, legal acts and seals, as a guarantee of authenticity and legal effectiveness. They are usually the highest category of propaganda images. Each civilization has the praxis of representing to a certain extent real or “beatified” image or portrait of the emperor. By adding various symbols of power, like crowns, caps, beard, throne, supendium, chariot, and number of the animals driving it, we are directly observing the image of the most powerful representatives of people, nations, states, empires, era, usually blessed by or alike god(s). Roman emperors preferred to be represented in sculpture, and the copy of the ruling emperor was placed in every city of the Empire. It was roman art and sculpture where actually the portrait was invented in the 2nd century B.C. Sometimes Emperor’s portrait in Byzantium had the status of replacing the real presence of the sovereign. The early portraits of byzantine emperors in monumental art are preserved in St. Vitale in Ravena, where the emperor Justinian I and his wife with ecclesiastical and court dignitaries attend the liturgy.[2], from 1034–1042; the portrait of John II Komnenos and the empress Irene from the beginning of the 12th C.[4] Negr?u says in churches, the images of the rulers expressed the relation of monarchs with God, who gave them the power of monarchy in exchange to undertake the defense of Christian law. The images are addressed to the masses with the purpose to present monarchs as generous donors, as well as ubiquitous authorities.”[6]
46
Snežana, Filipova. "Notes About the Commemoration of the Powerful Menin the Medieval Art in Macedonia." European Journal of Interdisciplinary Studies 4, no. 1 (April 30, 2016): 68. http://dx.doi.org/10.26417/ejis.v4i1.p68-73.
Full textAbstract:
Rulers’ portraits as symbols of the institution of monarchy were used on coins, legal acts and seals, as a guarantee of authenticity and legal effectiveness. They are usually the highest category of propaganda images. Each civilization has the praxis of representing to a certain extent real or “beatified” image or portrait of the emperor. By adding various symbols of power, like crowns, caps, beard, throne, supendium, chariot, and number of the animals driving it, we are directly observing the image of the most powerful representatives of people, nations, states, empires, era, usually blessed by or alike god(s). Roman emperors preferred to be represented in sculpture, and the copy of the ruling emperor was placed in every city of the Empire. It was roman art and sculpture where actually the portrait was invented in the 2nd century B.C. Sometimes Emperor’s portrait in Byzantium had the status of replacing the real presence of the sovereign. The early portraits of byzantine emperors in monumental art are preserved in St. Vitale in Ravena, where the emperor Justinian I and his wife with ecclesiastical and court dignitaries attend the liturgy.[2], from 1034–1042; the portrait of John II Komnenos and the empress Irene from the beginning of the 12th C.[4] Negr?u says in churches, the images of the rulers expressed the relation of monarchs with God, who gave them the power of monarchy in exchange to undertake the defense of Christian law. The images are addressed to the masses with the purpose to present monarchs as generous donors, as well as ubiquitous authorities.”[6]
47
ΑΝΑΓΝΩΣΤΑΚΗΣ, Ηλίας, and Άννα ΛΑΜΠΡΟΠΟΥΛΟΥ. "Μία περίπτωση ἐφαρμογῆς τοῦ βυζαντινοῦ θεσμοῦ τοῦ ἀσύλου στήν Πελοπόννησο: Ἡ προσφυγή τῶν Σλάβων στό ναό τοῦ Ἁγίου Ανδρέα Πατρῶν." BYZANTINA SYMMEIKTA 14 (September 26, 2008): 29. http://dx.doi.org/10.12681/byzsym.872.
Full textAbstract:
<p>Ilias Anagnostakis and Anna Lambropoulou</p><p>An instance of the implementation of the Byzantine institution of asylum in the Peloponnese: the Slavs seek sanctuary in the Church of St Andrew of Patrai</p><p>The events which took place in the Peloponnese in the early ninth century (c. 800) are recorded in later sources, mostly of the tenth century. Following the establishment of the theme system of territorial administration and the securing of ecclesiastical order in the region, the emperor Nikephoros I, in implementing his new fiscal and economic policy, took steps to increase the number of inhabitants by systematically encouraging the settlement of new population groups from outside the area. It was within this general context and during this same period that the rebellion of the Slavs in Achaia, as described by Constantine VII Porphyrogenitus, needs to be viewed. Clearly, also, the phenomenon needs to be seen within the context of the specific social climate of the region where radical change was taking place and significant breaks with the past were occurring. During the repression of the rebellion the Slavs sought sanctuary in the church of the Apostle Andrew. As a result of this move, however, the rebels were given special treatment as they were viewed as having repented their actions. This was an occurrence whose more general implications are worthy of further study. Looked at from the broader ecclesiastical and political perspective, there are certain characteristic features to be noted in the attitudes towards asylum and the priority ascribed to ecclesiastical over civil law in Constantinople at the end of the eighth and the beginning of the ninth centuries. At the beginning of the ninth century, during the reign of Nikephoros I and while Tarasios was on the patriarchal throne (784-806), the flight of the defeated Slavs to the Church of St Andrew and the relative leniency that was shown them by the state suggest that here we are dealing with an instance of the workings of the institution of sanctuary in Byzantium. While the sources bring in a host of hagiographie and miraculous elements -the standard baggage of accounts of Christianisation and repentance-he flight of the Slavs to the church of the patron saint of the city constitutes, in our opinion, in instance of mass asylum. Moreover, it is interesting to observe that the respective terminology which was used in Porphyrogenitus' account and was in all likelihood included in the sigillion of Nikephoros I relies, in our view, directly on Byzantine legislative reforms concerning sanctuary.</p><p>This is the first recorded instance of mass asylum and resort to church sanctuary in the middle Byzantine period in the Peloponnese. An effort was made both on the part of the church and the state to find a compromise solution: the former sought recognition of the institution of sanctuary while the latter was concerned to maintain the authority of its judicial and penal organs. The Slavs, who had sought sanctuary in the church, while normally liable to the punishment reserved for insurrection, were in the end granted special treatment. A compromise was found: despite the Slavs' attempt to rebel against the Byzantine authorities, the institution of asylum was fully implemented with the imposition of a number of restrictions and sanctions against the Slav population. The economic side of this treatment, which was generally a feature of the institution of ecclesiastical asylum both in Byzantium and the medieval West, has been well investigated. Indeed, monasticism and land ownership in the region of Bithynia are thought to have developed thanks to the institution of monastic asylum and the geographical boundaries of asylum, and this appears to be the case in the Peloponnese, too, where we see privileges and sigillia being granted for new monasteries and metropoleis in the ninth century. It is particularly interesting to note that the limits of 'rural asylum', i.e. the legal delimitation of the concepts of asylum and imperial donations, are lumped together with the estates of the church or monastery. The transfer of the exploitation of cultivable land to the workers of the monastery or church very often led to the development of settlements in the area. Seen in this light, the introduction of the institution of asylum and its legal delimitation in the case of the ecclesiastical estates of Achaia are directly related to the settlements of the early ninth century. It is probable that in contrast to the case of Syria and Bithynia asylum was not the catalyst behind the gradual settlement of the region of Achaia. However, and more importantly, it did offer solutions to the problems arising from the settlements. In the case of Patrai groups of unruly and discontented peasant populations developed an allegiance to the metropolis and were subsequently integrated to the point that they became entitled to protection from every epinoia adikos ('unjust design').</p><p>Subsequent to the Patrai episode - as far as the evidence allows us to construe- the Empire turned its military operations to the unsubdued, mountainous and more southerly regions of the Peloponnese. By contrast, the Slavs of Achaia were granted sigillia guaranteeing protection from any unapproved measures or epinoia adikos of the metropolitan. The flight of the Slavs to the Church of St Andrew following the miraculous intervention of the Apostle Andrew and the repression of the revolt, as well as the special treatment that they then received at the hands of the Byzantine authorities on account of their seeking sanctuary in the church, can be seen to constitute a form of asylum that is entirely consistent with the political and social climate and with the concept of asylum of the age of Nikephoros I.</p><p> Further investigation of the sigillia and their authenticity and reliability as sources may help to improve our understanding of the implementation and development of the institution of asylum in Byzantium during the reign of Nikephoros I.</p><p> </p>
48
Rokosz, Mieczyslaw. "HISTORY OF THE AUROCHS (BOS TAURUS PRIMIGENIUS) IN POLAND." Animal Genetic Resources Information 16 (April 1995): 5–12. http://dx.doi.org/10.1017/s1014233900004582.
Full textAbstract:
SUMMARYIn the present paper the author submits a short outline of the history of the aurochs in Poland, the country in which that species survived the longest. The last specimen died in the royal forests of Jaktorôw in Masovia at the beginning of the XVIIth century. The sources of the present study are as follows: documents proclaimed by kings, old chronicles, descriptions found in literature, old illustrations, etc. Among the reasons why that species of the relic fauna of the Pleistocene epoch survived so long are those the author draws attention to: i) the special natural conditions, i.e. abundance of forests and climate, offered in Poland, especially in early times, ii) some cultural elements, the latter being of special interest to him. The legal protection extended to the aurochs by the State found its expression in the regale or the king s order concerning hunting of these animals; this was strictly observed, as is pronouncedly recorded in the historical sources which say that in the XIIIth century the aurochs were to be found only in the province of Masovia. The local princes of the Piast dynasty, and later on the kings of Poland, made no concessions of their exclusive right to hunt that animal, not even to the greatest magnates, both ecclesiastical and secular. They themselves never abused the hunting law as far as the aurochs was concerned. Considering the situation of the aurochs in the light of that regale and of the hunting law, the conclusion is offered that the fact of excluding the aurochs from the hunting law and extending to it “a sacred privilege of immunity” which, according to an old custom, only the king was not obliged to obey, was the major factor which contributed to such a long period of survival of that species. This exceptional and almost personal care of the Polish sovereigns for these animals and their intentional will to save them for posterity caused the prolongation of the period of survival of that magnificent species up to the year 1627, in which the last auroch cow died a natural death in her haunts, as is stated in the report of the royal inspection performed in the year 1630.
49
Godek, Sławomir. "WPŁYW PRAWA BIZANTYJSKIEGO NA OPIEKĘ W RUSKIEJ PRAWDZIE I W I STATUCIE LITEWSKIM." Zeszyty Prawnicze 1 (January 27, 2017): 123. http://dx.doi.org/10.21697/zp.2001.1.07.
Full textAbstract:
The influence of Byzantine law on tutelage in the Russkaya Pravda and th e First Lithuanian StatuteThe article is dedicated to the influence that Byzantine law had on Russian law (with a particular focus on the Russkaya Pravda) and on the First Lithuanian Statute of 1529.The paper analyses the main channels of influence that Byzantine law had on the ancient Russian law. It happened primarily through intensive trading and political contacts between Kiev and the Byzantine Empire. Such contacts, without any doubt, were established as early as the first half of the 10th century. An important factor in the influence Byzantine law exerted on Russian law was constituted by treaties (known as „dogovory”) concluded between these states in the years 907, 911, 944, and 971. The influence of Byzantine law in Rus intensified especially after the Kievan princes adopted Christianity in its Greek tradition in 988. At that time, Byzantine law codes spread across Rus; an important role in their spreading was played by the so-called Kormchie Knigi, which contained the norms of church and secular law. The codes were bound to influence legal practice, especially in the field of family, guardianship and inheritance law, which traditionally lay within the jurisdiction of ecclesiastical courts. At the same time, princes significantly intensified their legislative activity. The acts of the Kievan and Novgorod princes are inspired by the solutions adopted in Greek law, and contain many references to this law. The influence also spread onto the Russkaya Pravda (Russian Justice), especially in its later version. All in all, the influence of Byzantine law in Rus was quite significant, which fostered the development of Russian law. It mostly affected private law and procedural law, but also, to a limited extent, criminal law. In the field of private law, the strongest influence of Greek law was felt in marriage, guardianship and family law.The provisions o f the Russkaya Pravda with respect to guardianship were modeled on the respective regulations of the codes of Byzantine law - the Ecloga and the Procheiron. The Russian code defined the position of the widow in a way reminiscent of Byzantine law - after the husband's death she was the continuer of the previous family arrangement; her rights to family property (of which she could freely dispose) and relations with children were also defined in a similar manner. Similarities can also be discerned in the regulations on the remarriage of widows, in particular, the legal consequences of this act: remarriage resulted in the loss of the right of custody over children in favor of the husband’s relatives.These provisions of the Russkaya Pravda in the field of guardianship law certainly exerted some influence on the development of the legal institution of guardianship at the time when Russian lands were included into the Lithuanian state. This was reflected in privileges granted to the Lithuanian szlachta (gentry), which reiterated the principles known from the Russkaya Pravda. This, in particular, applies to the privileges that defined the legal position of a widow (privilege of 1447). The same principles also constituted the grounds of verdicts adopted by Grand Duke’s court in cases from the field of guardianship law. With the passage of time, a significant body of experience was gathered, which laid the foundations for the respective provisions of the First Lithuanian Statute. The provisions of the Statute that regulated widows’ guardianship over children (Statute I, VI, 6) show a kinship with the provisions of the Russkaya Pravda and, through it, with the Ecloga and the Procheiron.It seems, therefore, that there was a substantial flow of ideas and readymade legal structures between Byzantine law, based on the principles of the ancient Roman law, and Russian law, whose output was, in its turn, used by the Lithuanian legislature.
50
Perry, Diana. "Paridis de Puteo: A Fifteenth-Century Civilian’s Concept of Papal Sovereignty." Studies in Church History. Subsidia 9 (1987): 369–92. http://dx.doi.org/10.1017/s0143045900002052.
Full textAbstract:
Sovereignty—suprema potestas—in the later Middle Ages was not blessed with Austinian simplicity: it was a complex and contradictory thing. Held by the ecclesiastical and lay powers, held by pope, emperor, king, and city-state, few populi were subjected to one authority alone. Not only did there exist a hierarchy of sovereign powers in the Western community, de iure and de facto, but the suprema potestas was in itself limited. It was the extent of this limitation and the degree of sovereignty possessed by the various governments which exercised, to a very large extent, the minds of later medieval and Renaissance jurists. A major reordering of the relationship between the spiritual and secular authorities was occasioned with the propounding of the via media by Thomas Aquinas in the thirteenth century. Thomistic doctrine did much to promote and enhance the importance of civil government at the expense of hierocratic theories, but, as Michael Wilks observes in his fundamental study of medieval sovereignty, it proved to be almost as dangerous to the concept of the societas humana as to that of the societas christiana. Quite simply, as long as moral standards were applied to earthly government, political evaluation was forced into the theological sphere, and so, to some degree, into the realm of papal determination. And to Thomistic influences, as Michael Wilks again remarks, the civilians nearly all succumbed. Laying their claims very largely upon the bases of Roman law and Aristotle, legists expounded a profoundly secular philosophy; but the seemingly logical conclusion—logical, that is, to the modern mind—that secular man was freed from the theological order was not reached. The pope retained both a unique degree of dignitas and a superior degree of authority; he was head of the populus christiana, and this awesome position bestowed upon him certain ultimate rights and responsibilities in the affairs of secular corpora, even though these corpora were sovereign entities. In other words, papal sovereignty, although increasingly restricted and relegated to the realm of theory as the early modern State evolved, none the less remained a potent force; indeed, as it will be seen, in a particular aspect it fulfilled for the jurist a critical need of the young State.