Index to Single Letters of Ivo of Chartres
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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. -
Ivo of Chartres, the Gregorian Reform and the Formation of the Just War Doctrine
Dominique Bauer 43 Ivo of Chartres, the Gregorian Reform and the Formation of the Just War Doctrine Dominique Bauer Senior Lecturer, Law Faculty, Tilburg University, Netherlands in cooperation with Randall Lesaffer Professor of Legal History, Tilburg University; Professor of Law, Catholic University of Leuven, Belgium 1. A Missing Link in the History of the Just War Doctrine Few will dispute that the just war doctrine historically has been among the most influen- tial and enduring legacies of the Late Middle Ages. Before the United Nations Charter of 1945, the doctrine formed the backbone of the ius ad bellum as it had been understood by writers and been paid lip service to by rulers since the Late Middle Ages.1 The just war doctrine obtained its classical outline during the thirteenth century. As in many matters of theology and political theory, Saint Thomas Aquinasʼs (1225-1274) synthesis gained canonical authority and outlived the ages as the common denominator for the doctrine. Of course, this did not mean that afterwards there were no variations on the theme. According to Aquinas, for a war to be just three conditions had to be fulfilled. First, the belligerent needed authority (auctoritas principis). In practice, this meant that only the Church or a secular prince who did not recognise a higher authority2 had the right to wage or authorise war. A ruler who did not enjoy ʻsovereigntyʼ could turn to his superior to have his rightful or supposedly rightful claim upheld. Second, a war had to be waged for a just cause (causa iusta). This could either be self-defence against prior armed ag- gression, the recovery of lost property or the restoration of injured rights. -
Supplementary Anselm-Bibliography 11
SUPPLEMENTARY ANSELM-BIBLIOGRAPHY This bibliography is supplementary to the bibliographies contained in the following previous works of mine: J. Hopkins, A Companion to the Study of St. Anselm. Minneapolis: University of Minnesota Press, 1972. _________. Anselm of Canterbury: Volume Four: Hermeneutical and Textual Problems in the Complete Treatises of St. Anselm. New York: Mellen Press, 1976. _________. A New, Interpretive Translation of St. Anselm’s Monologion and Proslogion. Minneapolis: Banning Press, 1986. Abulafia, Anna S. “St Anselm and Those Outside the Church,” pp. 11-37 in David Loades and Katherine Walsh, editors, Faith and Identity: Christian Political Experience. Oxford: Blackwell, 1990. Adams, Marilyn M. “Saint Anselm’s Theory of Truth,” Documenti e studi sulla tradizione filosofica medievale, I, 2 (1990), 353-372. _________. “Fides Quaerens Intellectum: St. Anselm’s Method in Philosophical Theology,” Faith and Philosophy, 9 (October, 1992), 409-435. _________. “Praying the Proslogion: Anselm’s Theological Method,” pp. 13-39 in Thomas D. Senor, editor, The Rationality of Belief and the Plurality of Faith. Ithaca, NY: Cornell University Press, 1995. _________. “Satisfying Mercy: St. Anselm’s Cur Deus Homo Reconsidered,” The Modern Schoolman, 72 (January/March, 1995), 91-108. _________. “Elegant Necessity, Prayerful Disputation: Method in Cur Deus Homo,” pp. 367-396 in Paul Gilbert et al., editors, Cur Deus Homo. Rome: Prontificio Ateneo S. Anselmo, 1999. _________. “Romancing the Good: God and the Self according to St. Anselm of Canterbury,” pp. 91-109 in Gareth B. Matthews, editor, The Augustinian Tradition. Berkeley, CA: University of California Press, 1999. _________. “Re-reading De Grammatico or Anselm’s Introduction to Aristotle’s Categories,” Documenti e studi sulla tradizione filosofica medievale, XI (2000), 83-112. -
Some Witnesses on the Gradual Evolution of the Ivonian Textual Families * Algunos Testimonios De La Evolución Gradual De Las Familias Textuales De Ivo
07. Szuromi Estudio 10/5/10 16:46 Página 201 Some Witnesses on the Gradual Evolution of the Ivonian Textual Families * Algunos testimonios de la evolución gradual de las familias textuales de Ivo Szabolcs Anzelm SZUROMI, O.PRAEM. Profesor Ordinario Pázmány Péter Catholic University. Budapest [email protected] Abstract: Ivo’s intention was to present the canon Resumen: El proyecto de Ivo de Chartres pretendía law of the Church as a whole, so as to promote the una presentación completa del derecho canónico role and work of ecclesiastical institutions, espe- de la Iglesia como instrumento que facilitase el tra- cially with regard to the care of souls and salvation bajo y la actividad de las instituciones eclesiásticas, as the final goal. This endeavor to apply the entirety con especial atención a la cura de almas y su salva- of canon law might be realized in a variety of ways, ción eterna como objetivo principal. Este plantea- and was to be fundamentally linked to the particu- miento se podía realizar de diversas maneras, pero lar features of specific ecclesiastical institutions. dependía fundamentalmente de las peculiaridades Strict paleographical and codicological analyses of concretas de cada instituto eclesial. Por otra parte, Orléans, Bibliothèque Municipal Ms. 222 (194) and el análisis detallado de los manuscritos de Orléans, Cambridge, Gonville and Caius College 393 (455) Bibliothèque Municipale 222 (194) y Cambridge, suggests convincingly that the term «textual fami- Gonville and Caius College 393 (455), muestra que lies» be used in relation to Ivo’s work. en relación con la obra de Ivo, es mejor utilizar la expresión de «familias textuales». -
Universities of Leeds, Sheffield and York
promoting access to White Rose research papers Universities of Leeds, Sheffield and York http://eprints.whiterose.ac.uk/ This is an author produced version of a paper published in The Journal of Ecclesiastical History. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/10455 Published paper Thompson, K. (2009) The other Saint Bernard: The 'troubled and varied career' of Bernard of Abbeville, Abbot of Tiron, Journal of Ecclesiastical History, 60 (4), pp. 657-672 http://dx.doi.org/10.1017/S0022046909990042 White Rose Research Online [email protected] The Other Saint Bernard: the ‘troubled and varied career’ of Bernard of Abbeville, Abbot of Tiron ‘A troubled and varied career.’1 Such is David Knowles’ assessment of Bernard of Abbeville, founder of the abbey of Tiron, which lies in the wooded landscape of the Perche region between Alençon and Chartres in western France.2 Bernard’s career is conventionally coupled with those of Robert of Arbrissel and Vitalis of Mortain, all of them important figures in the ascetic revival in monasticism which gripped western Europe in the late eleventh and early twelfth centuries.3 Yet while the Fontevraudine and Savignac affiliations that derived from Robert and Vitalis’s activities have been much discussed, there is no major history of the abbey of Tiron. The rigour of Bernard’s approach to monastic life, however, was much admired by contemporaries, including the kings, Henry I of England, David I of Scotland and Louis VI of France. His abbey of Tiron was the source for over a hundred communities throughout France and perhaps surprisingly in Scotland, Wales and England.4 The speed with which these daughter houses were established over such a broad area was remarkable, but the impetus was not sustained, and the so-called ‘Order of Tiron’ had ceased to be an influential force within the western monastic tradition by the beginning of the thirteenth century. -
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). -
Loyalty, Friendship and Love in the Letters of Fulbert of Chartres
LOYALTY, FRIENDSHIP AND LOVE IN THE LETTERS OF FULBERT OF CHARTRES Date of reception: 251h of April, 2007 Final date of acceptance: lFhoi Decemher, 2007 In letter 51 of his correspondence, Fulbert of Chartres oIfers a definition oIfdeli- tus which has long been nsed by historians to describe feudal-vassalic relations. 1n al1 of his correspondence, Fulhert expreses this social bond by using an elaborate vocabulary of friendship and emotions. He thus qualifies social relations descrihed as an elernent of vassalage and loyalty and gives them a moral content. He defines amicitia, particularly for the attention of William of Aquitaine, by emphasising its "usefnl" aspect and stressing its ohjective, honestum or the common good, terms that have already been found in his 51" letter to definefdelitas. Friendship is therefore a natural corollary of the relationships of loyalty within the clergy or in the secu- lar world. In the same way relationships of loyalty are coupled with the use of the vocahnlary of affecíus, which conveys the ideals of peace and the common good, heralded by the Bishop of Chartres in feudal society at the beginning of the 11th century. Fulhert de Chartres, Faithfulness, Friendship, Peace, Love. Fulbertus Carnutinus, Fideliias, Amicitia, Pax, Cantas. The letters of Fulbert, bishop of Charires between ahout 1006 and 1028, are a fundamental source of knowledge about the organisation of feudal society. Indeed, this bishop, appointed by l<ing Robert the Pious, following his position as scolaster of Chartres and reputed for bis erudition and piety, left 131 letters which are con- cerned with particular problems of a legal, ecclesiastical and religious nature. -
Latin Grammar in the Cathedral School: Fulbert of Chartres, Bonipert of Pécs, and the Way of a Lost Priscian Manuscript
Quidditas Volume 22 Article 4 2001 Latin Grammar in the Cathedral School: Fulbert of Chartres, Bonipert of Pécs, and the Way of a Lost Priscian Manuscript Elöd Nemerkényi Erasmus Institute, Notre Dame Follow this and additional works at: https://scholarsarchive.byu.edu/rmmra Part of the Comparative Literature Commons, History Commons, Philosophy Commons, and the Renaissance Studies Commons Recommended Citation Nemerkényi, Elöd (2001) "Latin Grammar in the Cathedral School: Fulbert of Chartres, Bonipert of Pécs, and the Way of a Lost Priscian Manuscript," Quidditas: Vol. 22 , Article 4. Available at: https://scholarsarchive.byu.edu/rmmra/vol22/iss1/4 This Article is brought to you for free and open access by the Journals at BYU ScholarsArchive. It has been accepted for inclusion in Quidditas by an authorized editor of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. Latin Grammar in the Cathedral School: Fulbert of Chartres, Bonipert of Pécs, and the Way of a Lost Priscian Manuscript Elöd Nemerkényi Erasmus Institute, Notre Dame HE STARTING POINT OF THE CLASSICAL tradition in medieval Hun- gary is marked by a letter written by Bishop Fulbert of Chartres in TNorthern France to Bishop Bonipert of Pécs in Southern Hun- gary.1 In this letter, dated by its editor to 1023, Fulbert assured his col- league, Bonipert that he was going to send him one of his copies of Priscian: “Our son and your faithful servant Hilduin has told us of your gestures of charity toward us and dutifully stated that you would like one of our copies of Priscian. -
History 393: Medieval Church and State
HISTORY 393: MEDIEVAL CHURCH AND STATE Course Information: History 393-01 (CRN: 10770), Spring 2012 TR 9:30-10:45 Room: MHRA 2211 Instructor Information: Dr. Richard Barton Office: 2115 MHRA Office phone: 334-3998 Home phone: 852-1837 , no calls after 9 PM please! Mailbox: 2118A MHRA Email: [email protected] Office hours: Tuesdays 11:00-12:00, Thursdays 3:15-4:30, and by appointment Course Description: The Middle Ages encompassed their fair share of scenes of high political drama. We need only think of the Carolingian Emperor Louis the Pious performing public penance for his alleged sins before the entire court in 833; or the German Emperor Henry IV, barefoot in the snow at Canossa, begging for forgiveness from Pope Gregory VII; or the murder of Thomas Becket, archbishop of Canterbury, before the high altar, by four of King Henry II’s knights and the public flogging of Henry II as penance for that very murder. These episodes and many more constitute the stuff of this course. Above all, this course looks at the ways in which medieval people understood authority and, particularly, the intersection between the two most visible sources of tangible authority experienced by all during in the Middle Ages, the universal Christian church and the secular monarchies. Rather than covering every period from 500 to 1500, we will perform more intensive examination of a handful of key episodes occurring between 800 and 1300, episodes which served to define both the practice of authority in the Middle Ages and the legacy left to future generations.