DOCSLIB.ORG

University Microfilms 300 North Z U B Road Ann Arbor

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
University Microfilms 300 North Z U B Road Ann Arbor INFORMATION TO USERS This dissertation was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in "sectioning" the material. It is customary to begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections with a small overlap. If necessary, sectioning is continued again — beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from "photographs" if essential to the understanding of the dissertation. Silver prints of "photographs" may be ordered at additional charge by writing the Order Department, giving the catalog number, title, author and specific pages you wish reproduced. University Microfilms 300 North Z u b Road Ann Arbor. Michigan 48106 A Xerox Education Company 73-2016 HARVEY, Judith Walters, 1943- THE INFLUENCE OF THE REFORMATION ON NURNBERG MARRIAGE LAWS, 1520-1535. The Ohio State University, Ph.D., 1972 History, modern University Microfilms, A XEROX Company, Ann Arbor, Michigan * © 1972 JUDITH WALTERS HARVEY ALL RIGHTS RESERVED 4 THIS DISSERTATION HAS BEEN MICROFILMED EXACTLY AS RECEIVED. THE INFLUENCE OF THE REFORMATION ON N^RNBERG MARRIAGE LAWS, 1520-153 5 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Judith Walters Harvey, B.A,, M.A, The Ohio State University 1972 Approved by PLEASE NOTE: Some pages may have indistinct print. Filmed as received. University Microfilms, A Xerox Education Company ACKNOWLEDGMENTS The encouragement and generosity of numerous indivi­ duals and institutions made possible the completion of this study. The primary source materials made available by the Center for Medieval and Renaissance Studies at The Ohio State University aided in my preparation for later research, A travel grant provided by the Department of History of The Ohio State University and the continued assistance of the NDEA Fellowship Office enabled me to undertake the necessary research in Niirnberg, Germany. In Niirnberg, the advice and gracious cooperation of the following persons greatly facilitated my research: Professor Gerhard Pfeiffer and Dr. Gottfried Seebass, University of Erlangen; Archivdirektor Dr. Otto Puchner, Niirnberg Staatsarchiv; and Archivdirektor Dr. Gerhard Hirschmann, Nurnberg Stadtarchiv, and their respective staffs. I also wish to thank my husband and family for their continued understanding and encouragement. Above all, an ii immense debt is owed to Professor Harold J. Grimm who, with patience and wise counsel, has guided me through graduate years. VITA 31 July, 1943 Born - Appleton, Wisconsin 1965......... B.A., Ohio University, Athens, Ohio 1967-1969.... NDEA Fellow, Department of History, The Ohio State University, Columbus, Ohio 1968......... M.A., The Ohio State University, Columbus, Ohio 1969-1970.... Graduate Associate, Department of History, The Ohio State University, Columbus, Ohio 1970-1972.... NDEA Fellow, Department of History, The Ohio State University, Columbus, Ohio; Research in Nurnberg, Germany FIELDS OF STUDY Major Field* Renaissance and Reformation. Professor Harold J. Grimm Medieval Europe and England, Professor Franklin J. Pegues Tudor and Stuart England. Professor R. Clayton Roberts Colonial America. Professor Bradley Chapin iv TABLE OF CONTENTS Page ACKNOWLEDGMENTS.......................................... ii VITA ..................................................... iv LIST OF ABBREVIATIONS. .............................. vi INTRODUCTION ............................................ 1 Chapter I. MARRIAGE CUSTOMS AND THE CANON LAW IN PRE-REFORMATION GERMANY......................... 13 II. EARLY PROTESTANT MARRIAGE DOCTRINES............ 39 III. DEVELOPMENT OF THE NURNBERG MARRIAGE COURT . , 74 IV. THE TREATMENT OF ADULTERERS IN NURNBERG BEFORE AND DURING THE REFORMATION.................113 V. THE ISSUES OF^DIVORCE AND REMARRIAGE IN REFORMATION NURNBERG ............................ 153 VI. CLANDESTINE MARRIAGES — THE NEED FOR A NEW SOLUTION TO AN OLD PROBLEM................... 189 VII. IMPEDIMENTS TO MARRIAGE — A VICTORY FOR THE STATUS Q U O ................................. 224 CONCLUSION.................................................254 APPENDIX A .......................................................... 259 B .......................................................... 263 C .......................................................... 265 D .......................................................... 267 BIBLIOGRAPHY........................................... 270 v LIST OF ABBREVIATIONS ARG Archiv fur Reformationsgeschichte GNM Germanisches Nationa1-Museum, Nurnberg MVGN Mitteilungen des Vereins fur Geschichte der Stadt Nurnberg NKirchA Landeskirchliches Archiv, Niirnberg NStadtA Stadtarchiv, Niirnberg NStadtB Stadtbibliothek, Niirnberg Ratschi. b Ratschlagbilcher RB Ratsbilcher Rep. Repertorium RV RatsverlSsse St AN Staatsarchiv, Niirnberg WA D. Martin Luthers Werke (Weimar, 1883- ). vi INTRODUCTION The political, cultural, and economic preeminence which was Nurnberg's at the beginning of the sixteenth century has previously received such thorough treatment that it would be both senseless and presumptuous to attempt a fresh presenta­ tion of the facts. One need only say that, in 1500, Nurnberg was among the largest and most prosperous cities of the Empire. Its legal and political status was that of an imperial city or Reichsstadt. Nurnberg proudly acknowledged her allegiance to the emperor, for, historically, she had received her many liberties and privileges from him. Without the force of the Empire, weak as it was, serving to counterbalance the territorial and economic particularism of the princes, Nurnberg's existence as an autonomous and commercxally-thriving city would have been seriously jeopard­ ized, It is not surprising, then, that the government of the city strove always to maintain its partnership in good standing with the emperor. The social structure of Nurnberg, as that of other medieval cities, consisted of several tiers. At the risk of 1 2 oversimplification, one may say that these included, at the apex, a narrowly-defined group of forty-three ancient families (by the sixteenth century called patricians or Geschlechter) whose prosperity derived from commerce. Beneath the former in political power and social standing, but not necessarily in wealth, were the successful merchants and professional men, the lawyers and physicians. These were designated as "honorable" citizens or Ehrbare to distinguish them, on the one hand, from the patricians and, on the other, from the tradesmen or artisans who worked with their hands. Of least stature were the day-laborers who lived in the surrounding villages, but came to the city by day to ply their trades. The arrangement of Nurnberg's government was directly related to her social structure. All authority was retained in the hands of the patrician families. The term which has been most frequently and aptly applied to the activities of the government is paternalism, a term which certainly accorded with that body's own conception of its role. Both the governed and the governors believed that it was natural and proper that this select group of the city's most success­ ful burgher-merchants bear responsibility for the community's welfare. From the period of Nurnberg's earliest endeavors toward autonomy, they had gained the respect and obedience of the citizenry with their wisdom and statecraft. Their past successes had earned the patricians the right to exer­ cise an all-encompassing supervision over the activities of the citizens, patrician and artisan alike.'*' Their aim at all times was the protection of the city's sovereignty against external encroachments and the preservation of the peace, unity, and well-being of the community. It is not surprising, then, that the patrician-oligarchy held all aspects of governance (executive, legislative, and judicial) in its hands. Nurnberg's affairs were theoretically conducted by two 2 Councils. The larger was composed of about two hundred of the "honorable" citizens (in this case, called Genannte). Membership in the Greater Council was considered an honor. These matters ranged from the most momentous (for example, raising an army) to the most petty (such as regula­ ting the number and kinds of cakes served at a wedding feast). 2
Load more

Recommended publications
  • Texas Nepotism Laws Made Easy
    Texas Nepotism Laws Made Easy 2016 Editor Zindia Thomas Assistant General Counsel Texas Municipal League www.tml.org Updated July 2016 Table of Contents 1. What is nepotism? .................................................................................................................... 1 2. What types of local government officials are subject to the nepotism laws? .......................... 1 3. What types of actions are generally prohibited under the nepotism law? ............................... 1 4. What relatives of a public official are covered by the statutory limitations on relationships by consanguinity (blood)? .................................................................................. 1 5. What relationships by affinity (marriage) are covered by the statutory limitations? .............. 2 6. What happens if it takes two marriages to establish the relationship with the public official? ......................................................................................................................... 3 7. What actions must a public official take if he or she has a nepotism conflict? ....................... 3 8. Do the nepotism laws apply to cities with a population of less than 200? .............................. 3 9. May a close relative be appointed to an unpaid position? ....................................................... 3 10. May other members of a governing body vote to hire a person who is a close relative of a public official if the official with the nepotism conflict abstains from deliberating and/or
    [Show full text]
  • A Preliminary Investigation and Critique of the Ethics of Dietrich Bonhoeffer
    Loyola University Chicago Loyola eCommons Master's Theses Theses and Dissertations 1968 A Preliminary Investigation and Critique of the Ethics of Dietrich Bonhoeffer David W. Clark Loyola University Chicago Follow this and additional works at: https://ecommons.luc.edu/luc_theses Part of the Philosophy Commons Recommended Citation Clark, David W., "A Preliminary Investigation and Critique of the Ethics of Dietrich Bonhoeffer" (1968). Master's Theses. 2118. https://ecommons.luc.edu/luc_theses/2118 This Thesis is brought to you for free and open access by the Theses and Dissertations at Loyola eCommons. It has been accepted for inclusion in Master's Theses by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Copyright © 1968 David W. Clark A PRELIMINARY INVESTIGATION AND CRITIQUE OF THE ETHICS OF DIETRICH BONHOEFFER by David W. Clark A Thesis Submitted to the Graduate School, Loyola University, Ohicago, in Partial Fulfillment of the Requirements for !he Degree of Master of Arts J~e 1968 PREFACE This paper is a preliminary investigation of the "Christian Ethics" of Dietrich Bonhoeffer in terms of its self-consistency and sufficiency for moral guidance. As Christian, Bonhoefferts ethic serves as a concrete instance of the ways in which reli­ gious dogmas are both regulative and formative of human behavioro Accordingly, this paper will study (a) the internal consistency of the revealed data and structural principles within Bonhoef­ ferts system, and (b) the significance of biblical directives for moral decisionso The question of Bonhoefferfs "success," then, presents a double problem.
    [Show full text]
  • Stages of Papal Law
    Journal of the British Academy, 5, 37–59. DOI https://doi.org/10.5871/jba/005.037 Posted 00 March 2017. © The British Academy 2017 Stages of papal law Raleigh Lecture on History read 1 November 2016 DAVID L. D’AVRAY Fellow of the British Academy Abstract: Papal law is known from the late 4th century (Siricius). There was demand for decretals and they were collected in private collections from the 5th century on. Charlemagne’s Admonitio generalis made papal legislation even better known and the Pseudo-Isidorian collections brought genuine decretals also to the wide audience that these partly forged collections reached. The papal reforms from the 11th century on gave rise to a new burst of papal decretals, and collections of them, culminating in the Liber Extra of 1234. The Council of Trent opened a new phase. The ‘Congregation of the Council’, set up to apply Trent’s non-dogmatic decrees, became a new source of papal law. Finally, in 1917, nearly a millennium and a half of papal law was codified by Cardinal Gasparri within two covers. Papal law was to a great extent ‘demand- driven’, which requires explanation. The theory proposed here is that Catholic Christianity was composed of a multitude of subsystems, not planned centrally and each with an evolving life of its own. Subsystems frequently interfered with the life of other subsystems, creating new entanglements. This constantly renewed complexity had the function (though not the purpose) of creating and recreating demand for papal law to sort out the entanglements between subsystems. For various reasons other religious systems have not generated the same demand: because the state plays a ‘papal’ role, or because the units are small, discrete and simple, or thanks to a clear simple blueprint, or because of conservatism combined with a tolerance of some inconsistency.
    [Show full text]
  • Legislating First Cousin Marriage in the Progressive Era
    KISSING COUSINS: LEGISLATING FIRST COUSIN MARRIAGE IN THE PROGRESSIVE ERA Lori Jean Wilson Consanguineous or close-kin marriages are older than history itself. They appear in the religious texts and civil records of the earliest known societies, both nomadic and sedentary. Examples of historical cousin-marriages abound. However, one should not assume that consanguineous partnerships are archaic or products of a bygone era. In fact, Dr. Alan H. Bittles, a geneticist who has studied the history of cousin-marriage legislation, reported to the New York Times in 2009 that first-cousin marriages alone account for 10 percent of global marriages.1 As of 2010, twenty-six states in the United States permit first cousin marriage. Despite this legal acceptance, the stigma attached to first-cousin marriage persists. Prior to the mid- nineteenth century, however, the American public showed little distaste toward the practice of first cousin marriage. A shift in scientific opinion emerged in the mid-nineteenth century and had anthropologists questioning whether the custom had a place in western civilization or if it represented a throwback to barbarism. The significant shift in public opinion however, occurred during the Progressive Era as the discussion centered on genetics and eugenics. The American public vigorously debated whether such unions were harmful or beneficial to the children produced by first cousin unions. The public also debated what role individual states, through legislation, should take in restricting the practice of consanguineous marriages. While divergent opinions emerged regarding the effects of first cousin marriage, the creation of healthy children and a better, stronger future generation of Americans remained the primary goal of Americans on both sides of the debate.
    [Show full text]
  • Protestant Ecclesiastical Law and the Ius Commune
    The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2016 Protestant Ecclesiastical Law and the Ius Commune Kenneth Pennington The Catholic University of America, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Legal History Commons Recommended Citation Kenneth Pennington, Protestant Ecclesiastical Law and the Ius Commune, 26 RIVISTA INTERNAZIONALE DI DIRITTO COMUNE 9 (2015). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. 1 Protestant Ecclesiastical Law and the Ius commune Kenneth Pennington Protestants almost never called their ecclesiastical norms ‘canons.’1 When Protestant jurists or theologians wrote ‘canon law’ (Ius canonicum) in their works, it was clear to their readers that they meant Roman canon law. Surprisingly, Protestant jurists often cited Roman canon law and its jurisprudence long after Martin Luther burned books of Roman canon law at the Elster gate in Wittenberg. These jurists also continued to teach courses at the universities that treated the Ius canonicum. Consequently, an essay on Protestant canon law must confront the question: how much Roman canon law and the jurisprudence of the medieval Ius commune remained embedded in the Reformers’ legislation and jurisprudence and how much was rejected? Until relatively recently scholars answered that question largely according to their confessional affiliations.
    [Show full text]
  • Historical Notes on the Canon Law on Solemnized Marriage
    The Catholic Lawyer Volume 2 Number 2 Volume 2, April 1956, Number 2 Article 3 Historical Notes on the Canon Law on Solemnized Marriage William F. Cahill, B.A., J.C.D. Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. The nature and importance of the Catholic marriage ceremony is best understood in the light of historicalantecedents. With such a perspective, the canon law is not likely to seem arbitrary. HISTORICAL NOTES ON THE CANON LAW ON SOLEMNIZED MARRIAGE WILLIAM F. CAHILL, B.A., J.C.D.* T HE law of the Catholic Church requires, under pain of nullity, that the marriages of Catholics shall be celebrated in the presence of the parties, of an authorized priest and of two witnesses.1 That law is the product of an historical development. The present legislation con- sidered apart from its historical antecedents can be made to seem arbitrary. Indeed, if the historical background is misconceived, the 2 present law may be seen as tyrannical. This essay briefly states the correlation between the present canons and their antecedents in history. For clarity, historical notes are not put in one place, but follow each of the four headings under which the present Church discipline is described.
    [Show full text]
  • Medical Miscellany [Manuscript]
    These crowdsourced transcriptions were made by EMROC classes and transcribathons (emroc.hypotheses.org), Shakespeare’s World volunteers, Folger docents, and paleography students. Original line endings, spelling, and punctuation are maintained and abbreviations are expanded, but the overall layout is not reproduced. Please contact [email protected] with transcription errors. Digitized images are available on LUNA and XML versions are available upon request. All transcriptions can be freely used and shared without restrictions, but please acknowledge “Folger Shakespeare Library” and the source manuscript’s call number. Last Updated: 8 April 2021 E.a.5: Medical miscellany [manuscript]. front outside cover front inside cover || front endleaf 1 recto Salomon dicitur Pacificus Iohannes dicitur Amor Dej./ Cicero:/ Cum biduum cibo se abstinuisset, Fæbris discessit./ J Harvey 181 front endleaf 1 verso || insertion 1 recto Ickwell = Bury Biggleswade Old M.S.S. 8 1 Gradations of the Callender glass. (weather glass) M.S. 2 Treatise on Medecine 1634 by Dan Worrall & Tho Burton M.S. 3. Receipts for cooking also Medecine MS M.S. insertion 1 verso || insertion 2 recto insertion 2 verso || folio 1 recto Gradations upon the Callendar Glasse 1. The propertie of the Water is to Asscend with Cold,and descend with heate upon the Least & euery change of the Weather Certainely./ 2. By the suddaine falling of the Water is a certaine signe of Rayne; for Example, If the Water fall a degree or two in 7 or 8 howers, it will surely rayne presently, or within 10 or 12 howers after./ 3. If the Water fall in the night season it will surely Rayne, for Example, If the water be fallen any Lower in the morning att Sunn riseing, then it was overnight att Sunn setting it will surely raine the day following before midnight./ 4.
    [Show full text]
  • Humanum Genus Encyclical of Pope Leo Xiii on Freemasonry
    The Holy See HUMANUM GENUS ENCYCLICAL OF POPE LEO XIII ON FREEMASONRY To the Patriarchs, Primates, Archbishops, and Bishops of the Catholic World in Grace and Communion with the Apostolic See. The race of man, after its miserable fall from God, the Creator and the Giver of heavenly gifts, "through the envy of the devil," separated into two diverse and opposite parts, of which the one steadfastly contends for truth and virtue, the other of those things which are contrary to virtue and to truth. The one is the kingdom of God on earth, namely, the true Church of Jesus Christ; and those who desire from their heart to be united with it, so as to gain salvation, must of necessity serve God and His only-begotten Son with their whole mind and with an entire will. The other is the kingdom of Satan, in whose possession and control are all whosoever follow the fatal example of their leader and of our first parents, those who refuse to obey the divine and eternal law, and who have many aims of their own in contempt of God, and many aims also against God. 2. This twofold kingdom St. Augustine keenly discerned and described after the manner of two cities, contrary in their laws because striving for contrary objects; and with a subtle brevity he expressed the efficient cause of each in these words: "Two loves formed two cities: the love of self, reaching even to contempt of God, an earthly city; and the love of God, reaching to contempt of self, a heavenly one."(1) At every period of time each has been in conflict with the other, with a variety and multiplicity of weapons and of warfare, although not always with equal ardour and assault.
    [Show full text]
  • Pragmatism As a Philosophy of Law Walter B
    Marquette Law Review Volume 9 Article 1 Issue 2 February 1925 Pragmatism as a Philosophy of Law Walter B. Kennedy Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Walter B. Kennedy, Pragmatism as a Philosophy of Law, 9 Marq. L. Rev. 63 (1925). Available at: http://scholarship.law.marquette.edu/mulr/vol9/iss2/1 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. Marquette Law Review VOL. 9 FEBRUARY, I925 No. 2 PRAGMATISM AS A PHILOSOPHY OF LAW WALTER B. KENNEDY* F ORMERLY the case-hardened lawyer coldly rejected the suggestion that legal philosophy might aid him in the practice of the law. His younger brethren in the law schools caught his look of disdain and re- sisted the entry of philosophy of law as a course of study in preparation for the bar. But times are changing. It is becoming quite respectable to discuss the nature and the origin of law, its ends and functions. Law schools are adding such studies to their curricula, and the progressive lawyer is becoming aware of the fact that the courts are paying tribute to the law-teacher and the student of juristic science.' The excursion into this new field of legal development promises dividends in satisfac- tion and success amply repaying for the time spent.
    [Show full text]
  • Iran 2019 Human Rights Report
    IRAN 2019 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Islamic Republic of Iran is an authoritarian theocratic republic with a Shia Islamic political system based on velayat-e faqih (guardianship of the jurist). Shia clergy, most notably the rahbar (supreme leader), and political leaders vetted by the clergy dominate key power structures. The supreme leader is the head of state. The members of the Assembly of Experts are nominally directly elected in popular elections. The assembly selects and may dismiss the supreme leader. The candidates for the Assembly of Experts, however, are vetted by the Guardian Council (see below) and are therefore selected indirectly by the supreme leader himself. Ayatollah Ali Khamenei has held the position since 1989. He has direct or indirect control over the legislative and executive branches of government through unelected councils under his authority. The supreme leader holds constitutional authority over the judiciary, government-run media, and other key institutions. While mechanisms for popular election exist for the president, who is head of government, and for the Islamic Consultative Assembly (parliament or majles), the unelected Guardian Council vets candidates, routinely disqualifying them based on political or other considerations, and controls the election process. The supreme leader appoints half of the 12-member Guardian Council, while the head of the judiciary (who is appointed by the supreme leader) appoints the other half. Parliamentary elections held in 2016 and presidential elections held in 2017 were not considered free and fair. The supreme leader holds ultimate authority over all security agencies. Several agencies share responsibility for law enforcement and maintaining order, including the Ministry of Intelligence and Security and law enforcement forces under the Interior Ministry, which report to the president, and the Islamic Revolutionary Guard Corps (IRGC), which reports directly to the supreme leader.
    [Show full text]
  • Christ and Revelatory Community in Bonhoeffer's Reception of Hegel
    Dogmatik in der Moderne Edited by Christian Danz, Jörg Dierken, Hans-Peter Großhans und Friederike Nüssel 22 David S. Robinson Christ and Revelatory Community in Bonhoeffer’s Reception of Hegel Mohr Siebeck David S. Robinson, born 1980; 2003 BA; 2008 MDiv; 2017 PhD in Systematic Theology and Ethics from The University of Edinburgh; currently Post-Doctoral Fellow in Theo- logy and Science at Regent College and Research Associate at Vancouver School of Theology, Vancouver, British Columbia, Canada. orcid.org / 0000-0002-8552-4369 ISBN 978-3-16-155963-1 / eISBN 978-3-16-156148-1 DOI 10.1628 / 978-3-16-156148-1 ISSN 1869-3962 / eISSN 2569-3913 (Dogmatik in der Moderne) The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbiblio- graphie; detailed bibliographic data are available on the Internet at http://dnb.dnb.de. © 2018 Mohr Siebeck Tübingen. www.mohrsiebeck.com This book may not be reproduced, in whole or in part, in any form (beyond that per- mitted by copyright law) without the publisher’s written permission. This applies parti- cularly to reproductions, translations and storage and processing in electronic systems. The book was printed on non-aging paper by Laupp & Göbel in Gomaringen and bound by Buchbinderei Nädele in Nehren. Printed in Germany. For my mother and father Acknowledgements This book is based on the Ph.D. thesis that I completed at the University of Edinburgh in 2017. I begin with thanks to my primary supervisor, David Fer- gusson, for guiding the final revision period and for encouraging engagement with the broader scholarly community, providing professional opportunities to that end.
    [Show full text]
  • The Small Primer and the Legal Triads. the Judges and Their Sources in Medieval Ireland1 Christophe Archan
    The Small Primer and the legal triads. The judges and their sources in medieval Ireland1 Christophe Archan To cite this version: Christophe Archan. The Small Primer and the legal triads. The judges and their sources in medieval Ireland1. Historia et Ius, Historia et Ius, 2016. hal-01522481 HAL Id: hal-01522481 https://hal.parisnanterre.fr//hal-01522481 Submitted on 14 Feb 2019 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Historia et ius - ISSN 2279-7416 rivista di storia giuridica dell’età medievale e moderna www.historiaetius.eu - 10/2016 - paper 15 Christophe Archan The Small Primer and the legal triads The judges and their sources in medieval Ireland1 I. The two triads of the Small Primer – II. The other triads in Irish law – III. The legal principles posed by the preamble of the Small Primer ABSTRACT: Lawyers of the Early Middle Ages produced a large body of texts, mostly directed at law students or learning practitioners. Those texts, containing rules seemingly applicable to the whole island, are the witness of a certain judicial unity and give a priori the impression of a relative homogeneity.
    [Show full text]