On the Integrity of Confession As Prolegomena for Luther and Trent
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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. -
Merchant in the Confessional : Trade and Price in the Pre-Reformation Penitential Handbooks / by Odd Langholm
THE MERCHANT IN THE CONFESSIONAL Odd Langholm BRILL THE MERCHANT IN THE CONFESSIONAL STUDIES IN MEDIEVAL AND REFORMATION THOUGHT FOUNDED BY HEIKO A. OBERMAN † EDITED BY ANDREW COLIN GOW, Edmonton, Alberta IN COOPERATION WITH THOMAS A. BRADY, Jr., Berkeley, California SUSAN C. KARANT-NUNN, Tucson, Arizona JÜRGEN MIETHKE, Heidelberg M. E. H. NICOLETTE MOUT, Leiden ANDREW PETTEGREE, St. Andrews MANFRED SCHULZE, Wuppertal VOLUME XCIII ODD LANGHOLM THE MERCHANT IN THE CONFESSIONAL SMRT-93-lang.qxd 7-11-2002 15:05 Page iii THE MERCHANT IN THE CONFESSIONAL TRADE AND PRICE IN THE PRE-REFORMATION PENITENTIAL HANBOOKS BY ODD LANGHOLM BRILL LEIDEN • BOSTON 2003 SMRT-93-lang.qxd 7-11-2002 15:05 Page iv This book is printed on acid-free paper. Library of Congress Cataloging-in-Publication Data Langholm, Odd, 1928- The merchant in the confessional : trade and price in the pre-Reformation penitential handbooks / by Odd Langholm. p. cm. -- (Studies in medieval and Reformation thought ; v. 93) Includes bibliographical references (p. ) and index. ISBN 9004129049 (hard cover) 1. Penitentials--History--To 1500. 2. Business--Religious aspects--Christianity--History of doctrines--Middle Ages, 600-1500. I. Title. II. Series. BX2266.B87 L36 2003 264'.020862--dc21 2002034384 Die Deutsche Bibliothek - CIP-Einheitsaufnahme Langholm, Odd : The Merchant in the Confessional : Trade and Price in the Pre-Reformation Penitential Handbooks -- Leiden ; Boston : Brill 2003 (Studies in Medieval and Reformation Thought ; Vol. 93) ISBN 9004 129 049 ISSN 0585-6914 ISBN 90 04 12904 9 © Copyright 2003 by Koninklijke Brill NV, Leiden, The Netherlands All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. -
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. -
Penitential Discipline and Public Wars in the Middle Ages: a Mediaeval
Penitential discipline and public wars in the Middle Ages A MEDIAEVAL CONTRIBUTION TO THE DEVELOPMENT OF HUMANITARIAN LAW The International Review is pleased to be able to publish this study and acknowledges its thanks to the author for having given per- mission for its translation and reproduction. Originally the subject of a series of three lectures delivered at King's College, London ( University of London) in 1957, it makes an important contribution, although con- fined to a limited period in history, to the development of humanitarian law. We have, in view of its original length and of its academic character and with the author's approval, summarized certain passages, which are printed in italics. This study deals with an important though little known period in the history of Christian institutions and the attempts which the Church made to mitigate some of the cruelty of war. Attempts tending towards the same ends were also made by other religions which proved to be effective and are of considerable interest. The Red Cross takes good care not to forget this and we will publish other articles on the same subject to complete this series with reference to the attitude of civiliza- tions in the East and in the Far East. (Editorial Note) * * During the period which it is proposed to consider, from the closing years of the Sixth Century to the beginning of the Twelfth Century, the Penitential Canons and the Penitential Books together PENITENTIAL DISCIPLINE AND PUBLIC WARS form the main stream of penitential discipline. The latter will be referred to throughout this study as the " penitentials ". -
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). -
The Anglo-Saxon Charms
ifS: r« ?*• ! mi' j^v;:;' 5i >#!^;;^J:i:: Digitized by the Internet Archive in 2011 with funding from University of Toronto http://www.archive.org/details/anglosaxoncharmsOOgren ^riS_Mzoj^ i'fihAR>( ANGLO -SAXON- CHARMS BY FELIX GRENDON / ^./xS ^^ 0«-#.^^t^C ^^\^^ » ANGLO -SAXON- CHARMS IN SPECULUM BY FELIX GRENDON THE ANGLO-SAXON CHARMS BY FELIX GRENDON CONTENTS The Manuscripts and Editions 105 General Characteristics of Spells no Classification of Channs 125 Christian Elements in the Charms ....... 140 Table of Abbre\'iations 160 List of Channs not included in the Text 162 Chronologicai List of Editions 165 Text and Translation 164-165 Notes 214 JAN 2 6 1963 )c: Lmt^Ki 23849 ANGLO - SAXON- CHARMS IN SPECULUM BY FELIX GRENDON THE ANGLO-SAXON CHARMS^ BY FELIX GRENDON CONTENTS The Manuscripts and Editions 105 General Characteristics of Spells ... no Classification of Charms 123 Christian Elements in the Charms 140 Table of Abbreviations 160 List of Charms not included in the Text 162 Chronological List of Editions 165 Text and Translation 164-165 Notes 214 THE MANUSCRIPTS AND EDITIONS No complete and separate edition of the Anglo-Saxon charms has yet been published, nor has any interpretative work been issued which covers the field ; but texts of all the known charms have been printed, and many of the poetical incantations have been singly and minutely treated from a linguistic as well as from a literary point of view. The present publication aims to furnish a detailed treatment of the subject. All the Anglo-Saxon metrical incantations are presented in the text, as well as all prose charms with vernacular or gibberish formulas; while exorcisms with Christian liturgical formulas, and Old English recipes involving charm practices, are represented by typical specimens. -
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. -
Martin Luther the Ninety-Five Theses Or Disputation on the Power and Efficacy of Indulgences 1517
Primary Sources Reformation History Martin Luther The Ninety-Five Theses Or Disputation On The Power And Efficacy Of Indulgences 1517 Translated by C. M. Jacobs Revised by Harold J. Grimm [From: Martin Luther, Luther’s Works, American Edition. Helmut T. Lehmann, General Editor (Philadephia: Fortress Press, 1957), Volume 31: 17-34] INTRODUCTION From Luther’s day to the present, October 31, 1517 has been considered the birthday of the Reformation. At noon on this Eve of All Saints’ Day, Luther nailed on the Castle Church door, which served as a bulletin board for faculty and students of the University of Wittenberg, his Ninety-five Theses, as his Disputation on the Power and Efficacy of Indulgences has commonly been called. That he intended these theses to serve as a basis for a scholarly discussion with his colleagues at the University of Wittenberg and other learned men can be gathered not only from his own words and those of his colleagues, but also from the fact that they were written in Latin. His act may have been prompted by the circumstance that people were gathering in Wittenberg to adore the remarkable collection of religious relics of Frederick the Wise on All Saints’ Day and to receive indulgences for their act of piety. In the Ninety-five Theses Luther applied his evangelical theology to indulgences. He hoped thereby to find an answer to a practical problem which had disturbed him and other sincere Christians for a long time. As a pastor he had noted the bad effects of indulgences upon the members of his own congregation, many of whom were going to nearby Jüterbog and Zerbst in Brandenburg to buy indulgence slips from Johann Tetzel. -
Penitential Canons”
TEOLOGIA MŁODYCH 4, S. 10-18 CĂTĂLINA MITITELU Ovidius University of Constanta, Romania THE APPLICATION OF EPITIMIAS IN THE SEE OF CONFESSION ACCORDING TO THE „CANONICAL CUSTOM” AND THE „PENITENTIAL CANONS” I. THE CANONICAL CUSTOM, BASIS FOR THE APPLICATION OF THE OIKONOMIA In the sources of the orthodox canonical Law, we find out that the „συνήθεία” (canonical custom) was invoked as a source and basis even for the application of the Oikonomia. For example, Saint Basil the Great († 379) says that „(...) the true cure is to move away from sin; (...)” (Canon 3), and not the penance itself, be it even the defrocking1 of a cleric, but, in matters of criminal Canon Law, „we need to know both”, namely to apply both the „Acribia”, and the „canonical Custom”, which forsee the application of „Oikonomia”. Indeed, according to the apostolical and post-apostolical Tradition the Confessor has rather to apply the „Oikonomia” in order to obtain the healing of the sin committed by the penitent, and not „Acribia”. So, also in the case of the application of epitimias, the Confessor ought not only to be faithful to the observation and strict application of the canonical Legislation, namely of „τῆς ἀκριβείας” (the Acribia), but ought mainly to apply the principle of Oikonomia, which Saint Basil the Great identified with the principle affirmed by the custom (συνηθεία), namely by the old and continued practice in matters of penitential Discipline, a principle actually retained and affirmed also by the unwritten Law. But, exactly these „unwritten laws”, transmitted and preserved from generation to generation, had, both during the time of Saint Basil the Great and during that of the Fathers of the VIth Ecumenical (Trullan) Synod, „(...) the power of the written laws (...)”2. -
Disputation on the Power and Efficacy of Indulgences Commonly Known As the 95 Theses by Dr
Disputation on the Power and Efficacy of Indulgences Commonly Known as The 95 Theses by Dr. Martin Luther ut of love and concern for the truth, and with the object of eliciting it, the following heads will be the subject of a public discussion at Wittenberg under the presidency of the reverend father, Martin Luther, Augustinian, Master of Arts and Sacred Theology, and duly appointed Lecturer on these subjects in that place. He requests that whoever cannot be present personally to debate the matter orally will do so in absence in writing. 1. When our Lord and Master, Jesus Christ, said "Repent", He called for the entire life of believers to be one of repentance. 2. The word cannot be properly understood as referring to the sacrament of penance, i.e. confession and satisfaction, as administered by the clergy. 3. Yet its meaning is not restricted to repentance in one's heart; for such repentance is null unless it produces outward signs in various mortifications of the flesh. 4. As long as hatred of self abides (i.e. true inward repentance) the penalty of sin abides, viz., until we enter the kingdom of heaven. 5. The pope has neither the will nor the power to remit any penalties beyond those imposed either at his own discretion or by canon law. 6. The pope himself cannot remit guilt, but only declare and confirm that it has been remitted by God; or, at most, he can remit it in cases reserved to his discretion. Except for these cases, the guilt remains untouched. -
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,