The Anglo-Saxon Charms
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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. -
On the Integrity of Confession As Prolegomena for Luther and Trent
Theological Studies 54(1993) THE SUMMAE CONFESSORUM ON THE INTEGRITY OF CONFESSION AS PROLEGOMENA FOR LUTHER AND TRENT KiLiAN MCDONNELL, O.S.B. Institute for Ecumenical and Cultural Research, Collegeville, Minn. TT ΤΠΉ THE EXCEPTION of satisfaction, no Reformation issue concern- W ing the sacrament of penance was so hotly debated as integrity of confession, the requirement that one must make a complete confes sion. In part, the heated discussion was related to the role integrity played in Catholic penitential life. Speaking of the Catholic practice just prior to the Reformation, T. N. Tentler contends that 'to exagger ate the importance of completeness seems hardly possible."1 The Fourth Lateran Council (1215) gives the classical formulation: the faithful "must confess all their sins ... to their own priest at least once a year."2 The Protestant historian of penance, H. C. Lea, calls this "the most important legislative act in the history of the Church,"3 partly because a legislated confession is not free. The Council of Flor ence (1438-45) modified the Lateran decree; integrity is defined as "all the sins one remembers."4 Luther objects that even this is an impossible task, like "counting the sands," endlessly numbering and weighing sins, detailing their circumstances, thus leading to torments of conscience, ending in de spair.5 Though Luther himself retains the catalogue of sins as an aid to the examination of conscience,6 as does Melanchthon,7 both cite Psalm 19:13: "Who knows how often one sins?"8 No command exists for 1 Sin and Confession on the Eue of the Reformation (Princeton, Ν J.: Princeton Univ., 1977) 109. -
The Returning Warrior and the Limits of Just War Theory
THE RETURNING WARRIOR AND THE LIMITS OF JUST WAR THEORY R.J. Delahunty Professor of Law University of St. Thomas School of Law* In this essay, I seek to explore a Christian tradition that is nei- ther the just war theory nor pacifism. Unlike pacifism, this tradi- tion teaches that war is a necessary and inescapable aspect of the human condition, and that Christians cannot escape from engaging in it. Unlike just war theory, this tradition holds that engaging in war is intrinsically sinful, however justifiable that activity may be considered to be in the light of human law, morality or reason. Mi- chael Walzer captured the essence of this way of thinking in a cele- brated essay on the problem of “dirty hands.”1 Although Walzer’s essay was chiefly about political rather than military action, he rightly observed that there was a strand in Christian reflection that saw killing, whether in a just or unjust war, as defiling or even sin- ful, even if it conformed to moral and legal standards. That tradi- tion, though subordinate, still survives in Christian, especially Lu- theran, thought. The Church’s thought about war and peace went through sever- al phases before finally settling on the just war theory. Throughout much of the Middle Ages, the Church’s approach to war was pri- marily pastoral and unsystematic. Although opinions varied widely depending on the circumstances, the early medieval Church was commonly skeptical of the permissibility of killing in warfare. Ra- ther, the Church at that time tended to the view that killing – even in a just war – was sinful and required penance. -
Gerald Dyson
CONTEXTS FOR PASTORAL CARE: ANGLO-SAXON PRIESTS AND PRIESTLY BOOKS, C. 900–1100 Gerald P. Dyson PhD University of York History March 2016 3 Abstract This thesis is an examination and analysis of the books needed by and available to Anglo-Saxon priests for the provision of pastoral care in the tenth and eleventh centuries. Anglo-Saxon priests are a group that has not previously been studied as such due to the scattered and difficult nature of the evidence. By synthesizing previous scholarly work on the secular clergy, pastoral care, and priests’ books, this thesis aims to demonstrate how priestly manuscripts can be used to inform our understanding of the practice of pastoral care in Anglo-Saxon England. In the first section of this thesis (Chapters 2–4), I will discuss the context of priestly ministry in England in the tenth and eleventh centuries before arguing that the availability of a certain set of pastoral texts prescribed for priests by early medieval bishops was vital to the provision of pastoral care. Additionally, I assert that Anglo- Saxon priests in general had access to the necessary books through means such as episcopal provision and aristocratic patronage and were sufficiently literate to use these texts. The second section (Chapters 5–7) is divided according to different types of priestly texts and through both documentary evidence and case studies of specific manuscripts, I contend that the analysis of individual priests’ books clarifies our view of pastoral provision and that these books are under-utilized resources in scholars’ attempts to better understand contemporary pastoral care. -
Feminine Witchcraft in the Analysis of the Potentiales in Medieval Europe
JI einuniine chc]r&fr in the Analysis of the foententiates in Medieval Europe, 800-1200 C. E. Giov&nni& palombo itchcraft was a reality throughout Europe during the Middle Ages, and the Church maintained a hostile position towards witches, whose practices were utterly condemned especially in the so-called Poenüenliales, or handbooks of penance.’ Although witchcraft traces its roots back to pre-Christian times, to both the Graeco-Roman2 and Germanic3 worlds, it became an even greater phenomenon during the Middle Ages. Instead of abandoning witchcraft practices due to the strong opposition of the Church, medieval Europeans must have engaged in an increasing number and variety of magic rituals, compelling the Church to censure such practices repeatedly and severely in its official documents. This study will focus on the witchcraft practices listed in the medieval peni tentials compiled in Anglo-Saxon and Frankish Europe (England, France and Germany) from about 800 to 1200 C.E. In analyzing books of pen ance, I will identify those magic rituals that were pertinent only to women, for example, the sphere of love magic, weaving and binding, and the night rides with the goddess Diana. Specitic magic practices were strictly the domain of the feminine witch, or singa. This essay will look into the reasons why the Church felt a strong need to persecute witches and how magic rituals were connected to the roles that women were assigned in the contemporary social context. On one hand, some witchcraft practices are indicative of the bias against women in medieval society: women were per ceived as sexual temptresses (they occupied themselves with love magic), as demonic creatures (when casting the evil eye or weaving a curse into a garment), or as caregivers (practitioners of healing magic). -
William Kay Phd Thesis
LIVING STONES: THE PRACTICE OF REMEMBRANCE AT LINCOLN CATHEDRAL, (1092-1235) William Kay A Thesis Submitted for the Degree of PhD at the University of St Andrews 2013 Full metadata for this item is available in Research@StAndrews:FullText at: http://research-repository.st-andrews.ac.uk/ Please use this identifier to cite or link to this item: http://hdl.handle.net/10023/4463 This item is protected by original copyright LIVING STONES THE PRACTICE OF REMEMBRANCE AT LINCOLN CATHEDRAL (1092-1235) William Kay This thesis is submitted for the degree of PhD at the University of St Andrews 1 August 2013 I, William Kay, hereby certify that this thesis, which is approximately 80,000 words in length, has been written by me, that it is the record of work carried out by me and that it has not been submitted in any previous application for a higher degree. I was admitted as a research student and as a candidate for the degree of Ph.D. in September, 2005; the higher study for which this is a record was carried out in the University of St Andrews between 2005 and 2013. Date ………. signature of candidate ……………… I hereby certify that the candidate has fulfilled the conditions of the Resolution and Regulations appropriate for the degree of Ph.D. in the University of St Andrews and that the candidate is qualified to submit this thesis in application for that degree. Date ………. signature of supervisor ……………… In submitting this thesis to the University of St Andrews I understand that I am giving permission for it to be made available for use in accordance with the regulations of the University Library for the time being in force, subject to any copyright vested in the work not being affected thereby. -
Religious Exemption in Pre-Modern Eurasia, C. 300 -1300 Ce
medieval worlds comparative & interdisciplinary studies No. 6/2017 RELIGIOUS EXEMPTION IN PRE-MODERN EURASIA, C. 300 -1300 CE medieval worlds comparative & interdisciplinary studies medieval worlds comparative & interdisciplinary studies Volume 2017.6 Religious Exemption in Pre-Modern Eurasia, c. 300-1300 CE Guest Editor: Charles West medieval worlds comparative & interdisciplinary studies All rights reserved ISSN 2412-3196 Online Edition Media Owner: Institute for Medieval Research Copyright © 2017 by Austrian Academy of Sciences, Vienna Cover design, layout: Anneke Gerloff Austrian Academy of Sciences Press Dr. Ignaz Seipel Platz 2, 1010 Vienna, Austria Tel. +43-1-515 81/DW 3402-3406 Fax +43-1-515 81/DW 3400 hw.oeaw.ac.at, verlag.oeaw.ac.at Editors Walter Pohl, Austrian Academy of Sciences/University of Vienna Andre Gingrich, Austrian Academy of Sciences/University of Vienna Editorial Board Maximilian Diesenberger, Austrian Academy of Sciences Bert Fragner, Austrian Academy of Sciences Christian Gastgeber, Austrian Academy of Sciences Johann Heiß, Austrian Academy of Sciences Claudia Rapp, Austrian Academy of Sciences/University of Vienna Irene van Renswoude, Huygens Institute for the History of the Netherlands/ Royal Netherlands Academy of Arts and Sciences Pavlína Rychterová, Austrian Academy of Sciences Veronika Wieser, Austrian Academy of Sciences International Advisory Board Glenn Bowman , University of Kent Sabrina Corbellini, University of Groningen Mayke de Jong, Utrecht University Nicola di Cosmo, Institute for Advanced Study, -
Clio's Scroll
The Berkeley Undergraduate History Journal DEPARTMENT OF HISTORY, UNIVIERSTY OF CALIFORNIA, BERKELEY Clio’s Scroll Vol.21 Fall 2019 No.1 Clio’s Scroll The Berkeley Undergraduate History Journal Vol. 21, No.1 Fall 2019 The Berkeley Undergraduate History Journal DEPARTMENT OF HISTORY, UNIVIERSTY OF CALIFORNIA, BERKELEY Clio’s Scroll Vol.21 Fall 2019 No.1 Contents 12 Editorial Board 4 Note from the Editors 3 5 Contributors Scelera Carnis: Same-sex Acts in Medieval Monasteries 6 Danielle O’Dea California State University, Channel Islands 331 Transmission Down Through the Centuries: The Transforming Social Dimensions Behind the Art of Remounting Chinese Scrolls Meishan Liang University of California, Berkeley 678 Cracks in the Great Wall of Chinatown: Reinventing Chinese American Identity in San Francisco’s Chinese New Year Celebrations Richard Lim University of California, Berkeley 9106 About Clio’s Scroll Clio’s Scroll, the Berkeley Undergraduate History Journal, is published twice yearly by students of the Department of History at the University of California, Berkeley. The journal aims to provide undergraduates with the opportunity to publish historical works and to train staff members in the editorial process of an academic journal. Clio’s Scroll is produced by financial support from the Townsend Center for the Humanities, the Associated Students of the University of California (ASUC), and the Department of History. Clio’s Scroll is not an official publication of the ASUC or UC Berkeley. The views expressed herein are solely those of the authors and do not necessarily represent those of the journal, the editors, the university, or sponsors. The Berkeley Undergraduate History Journal DEPARTMENT OF HISTORY, UNIVIERSTY OF CALIFORNIA, BERKELEY Clio’s Scroll Vol.21 Fall 2019 No.1 Editorial Board EDITOR-IN-CHIEF GERAINT HUGHES is a senior History and Classics double major, hoping to either go into International Relations or become a history professor (fingers crossed). -
Pennington - a Short History of Canon Law
Pennington - A Short History of Canon Law A Short History of Canon Law from Apostolic Times to 1917 Professor Ken Pennington Canon law was born in communities that felt great ambivalence about the relationship of law and faith. Custom governed early Christian communities, not a body of written law. It was custom informed by oral traditions and sacred scripture. Christians did not arrange their lives according to a Christian law but according to the spiritual goals of the community and of individual Christians. St Paul wrote to Roman Christians who knew and lived under the law created by the Roman state and reminded them that faith in Christ replaces secular law with a quest for salvation (Romans 7:1-12 and 10:1-11). Law, he sharply reminded the Galatians, cannot make a man worthy to God; only faith can bring life to the just man. The inherent tension between the faith and conscience of the individual and the rigor of law has never been and never will be completely resolved in religious law. Christian communities lived without a comprehensive body of written law for more than Mive centuries. Consequently, in the early Church, “canon law” as a system of norms that governed the Church or even a large number of Christian communities did not exist. This is not surprising. The Roman state regulated religious practice and quite naturally legislated for the Church after the Empire became Christian at the beginning of the fourth century. The attitudes of the Christian emperors can be seen clearly in their legislation. To take only the imperial statutes in Justinian’s Codex as a guide, there are 41 imperial statutes dating between 313 and 399 that deal with ecclesiastical discipline and practice (Titles 2-13 of the Codex). -
The Two-Step Development of the Post-Gratian Gloss and the Emergence of a New Era in Canon Law" (2014)
W&M ScholarWorks Undergraduate Honors Theses Theses, Dissertations, & Master Projects 4-2014 Discordia in Concordia: The Two-Step Development of the Post- Gratian Gloss and the Emergence of a New Era in Canon Law Zachary A. Woodward College of William and Mary Follow this and additional works at: https://scholarworks.wm.edu/honorstheses Part of the European History Commons, and the History of Christianity Commons Recommended Citation Woodward, Zachary A., "Discordia in Concordia: The Two-Step Development of the Post-Gratian Gloss and the Emergence of a New Era in Canon Law" (2014). Undergraduate Honors Theses. Paper 109. https://scholarworks.wm.edu/honorstheses/109 This Honors Thesis is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Undergraduate Honors Theses by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. Contents Acknowledgments ii Introduction...................................................................................................................................... 1 Chapter 1. The Legal Culture of the Western Church in the Tenth through Twelfth Centuries.............................................................................3 Chapter 2. The Two-Step Development of the Post-Gratian Gloss...............................................17 Chapter 3. Explaining the Two-Step Development.......................................................................46 Chapter -
The Forgeries of Worms Thomas Kohl*
217 Religious exemption, justice, and territories around the year 1000: the forgeries of Worms Thomas Kohl* While immunities were perhaps the most important form of religious exemption in the me dieval West throughout the Middle Ages, they have not been studied extensively for the pe riod around the turn of the millennium. This paper treats immunities from the perspective of the institutions that received them, drawing on the example of the bishops of Worms in southwestern Germany. Two questions are asked: 1) What did institutions expect from receiv ing immunities? 2) Can we tell if they had consequences in practice? The unique sources from Worms – a dossier of forged or interpolated royal charters created by Bishop Hildibald of Worms (978998), and numerous documents connected to his successor Burchard (1000 1025) – make it possible to study these questions in depth. Hildibald’s charters were one im portant starting point in the redrawing of regional power structures in favour of the church of Worms and thus its developing territorial lordship. In part, they expanded property and immunity rights, but Hildibald’s forgeries were mostly concerned with specifying and defin ing the terms of immunity that his church already possessed in face of regional competition by the monastery of Lorsch and by the Salian dukes and counts. This suggests that practical advantages in terms of income and power were what made immunities interesting for a church. Hildibald’s successor Burchard used his close ties to Emperor Henry II to achieve a large degree of independence from these regional political powers, relying in part on Hildi bald’s forged charters. -
History of Sexual Abuse in the Catholic Church1
HISTORY OF SEXUAL ABUSE IN THE CATHOLIC CHURCH1/ The sexual abuse of children in the Roman Catholic Church is not a modern scandal. Records indicate that it is an age-old problem – almost as old as the Church itself. As far back as the Council of Elvira in 309 C.E., official documents reveal a Church preoccupied with regulating the sex lives of its clergy. Very often, the behavior the Church was attempting to control was the sex lives of its legitimately married clergy. Sometimes that preoccupation involved behavior that was simply at odds with the Church’s arbitrary, yet mandatory law of celibacy, which de facto rules out all sexual activity for clergy. At other times, and far too frequently, it involved clerical behavior that was not just immoral, but reprehensible and criminal. Regardless of how objectionable and criminal the sexual abuse of children was regarded, it has been a recurring and widespread problem within the ranks of the clergy for the best part of two thousand years. To make matters worse, the Church has for a long time, but especially in more recent times, engaged in a widespread conspiracy not only to deny the existence of sexual abuse, but often deliberately, to provide cover for its perpetrators. Many people, Catholics included, have been shocked to rediscover within the last decades just how prevalent clerical misbehavior is. Abuse, however, really is not a new phenomenon. Sexual activity by popes, bishops and priests – members of the ruling hierarchy bound to celibacy – has triggered every reform the Church has been forced to undergo.