DOCSLIB.ORG

CHURCH and ROMAN LAW © Copyright by Wydawnictwo KUL

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
CHURCH and ROMAN LAW © Copyright by Wydawnictwo KUL © Copyright by Wydawnictwo KUL CHURCH AND ROMAN LAW © Copyright by Wydawnictwo KUL Publications of the Faculty of Law, Canon Law and Administration of the John Paul II Catholic University of Lublin Volume 1 EDITORIAL BOARD Piotr Stanisz (Chair) Artur Kuś Paweł Smoleń Delaine Swenson Stanisław Tymosz Stanisław Wrzosek © Copyright by Wydawnictwo KUL Antoni Dębiński CHURCH AND ROMAN LAW Wydawnictwo KUL Lublin 2010 © Copyright by Wydawnictwo KUL English translation Konrad Szulga Revision and proofreading Jan Kobyłecki Cover design Agnieszka Gawryszuk All pictures by courtesy of the University Library of the John Paul II Catholic University of Lublin This book has been published with the financial assistance of: the Faculty of Law, Canon Law and Administration of the John Paul II Catholic University of Lublin and the Educational Foundation © Copyright by Wydawnictwo KUL, Lublin 2010 ISBN 978-83-7702-012-8 PUBLISHER Wydawnictwo KUL PRINTING AND BINDING ul. Zbożowa 61, 20-827 Lublin elpil tel. 81 740-93-40, fax 81 740-93-50 ul. Artyleryjska 11 e-mail: [email protected] 08-110 Siedlce http:// wydawnictwo.kul.lublin.pl e-mail: [email protected] © Copyright by Wydawnictwo KUL CONTENTS ________________________________________ List of Abbreviations ........................................... 7 Foreword .................................................... 9 CHAPTER ONE THE AREAS OF INTERPENETRATION 1. Legal Dualism............................................... 17 2. Imperial Legislation Serving the Church ........................... 28 3. Ecclesiastical Canons and Imperial leges ........................... 38 4. Ecclesia vivit lege Romana?..................................... 44 CHAPTER TWO THE ALLURE OF ROMAN LAW 5. The Development of Legal Science between the 11th and 13th Centuries . 65 6. Reception of Roman Law by the Church .......................... 82 7. Prohibition of Roman Law Studies from the 12th through the 13th Century 97 CHAPTER THREE A RESPECTFUL RESERVE 8. Law Codifications of the Latin Church ............................ 119 9. The Influence of Roman Law on Law Codifications of the Latin Church . 124 1. Systematics ............................................. 124 5 © Copyright by Wydawnictwo KUL Contents ±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±± 2. Legal Rules and Principles .................................. 129 3. Definitions and Terminology ................................ 137 4. Legal Procedure.......................................... 147 CONCLUSION .................................................. 159 Bibliography.................................................. 163 Index of Names ............................................... 187 Index of Terms ................................................ 195 © Copyright by Wydawnictwo KUL LIST OF ABBREVIATIONS ________________________________________ AD ± Anno Domini (after Christ) BC± before C hrist Can. ± canon CE±Catholic Encyclopedia, vol. I-[XI], Lublin 1973-[2006] CL±Canon Law, Warszawa 1958- DDC± Dictionnaire de droit canonique, vol. I-VII, Naz, R., ed., Paris 1935-65 f or ff ± following page(s) LHJ ± Legal and Historical Journal, Warszawa 1948-52, PoznanÂ1953- Lat. ± Latin MGH ± Monumenta Germaniae Historica, Berlin, Weimar 1826- Mansi ± Sacrorum Conciliorum nova et amplissima collectio, vol. I- XXXVIII, Mansi, J.D. [et al.], eds., Firenze 1759-98, Paris-Leip- zig 1901-05, Paris 1907-13, Leipzig 1923-27 PG ± Patrologiae cursus completus. Series graeca, ed. J.P. Migne, Paris 1857-66. PL ± Patrologiae cursus completus. Series latina, ed. J.P. Migne, Paris 1844-55, 1878-1890 praef. ± praefatio (introduction) pr. ± principium (beginning) RACh ± Reallexikon fuÈr Antike und Christentum, vol. I-XII, Clauser, T. [et al.], eds., Stuttgart 1950-90. RHD ± Revue Historique de Droit FrancËais et Etranger, Paris 1855- RNP KUL ± KUL Legal Science Annals, Lublin 1991/92- 7 © Copyright by Wydawnictwo KUL List of Abbreviations ±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±± SCh. ± Sources chreÂtiennes, de Lubac, H., DanieÂlou, J. [et al.], eds., Paris 1941- s.v. ± sub voce or sub verbo (under the term) ZSS Kan. Abt. ± Zeitschrift der Savigny-Stiftung fuÈr Rechtsgeschichte. Kanonisti- sche Abteilung, Berlin 1911-44, 1947- ZSS Rom Abt. ± Zeitschrift der Savigny-Stiftung fuÈr Rechtsgeschichte. Romanisti- sche Abteilung, Weimar 1880-1944, 1947- © Copyright by Wydawnictwo KUL FOREWORD ________________________________________ The world that the early Church was deemed to face ± initially as a small religious community ± was the reality markedly shaped by Roman civilisation manifested by a high level of political, social, economic and territorial organi- sation as well as a well-developed culture of thought. It also comprised the study and comprehension of law. The development of the early Church coin- cided with the time of the Roman jurisprudence at its height and benefiting from the heritage of former generations. No wonder this period is referred to in literature as the classical period. In his exhaustive, three-volume work on the Christian Roman law, Italian Romanist Biondo Biondi (1888-1966) wrote that ªthe Roman tradition and Christianity are two mighty spiritual powers that, although deriving from dis- similar concepts and having different aims, at some point in the history inter- twine to head for the same directionº.1 But that ªintertwinementº was pre- dated by an embittered encounter of the new monotheistic religion and Ro- manitas which concluded in rejection. Quid ergo Athenis et Hierosolimis? Quid Academiae et Ecclesiae? ± ªWhat has Athens to do with Jerusalem? What concord is there between the Academy and the Church?º ± asked Tertullian emphatically.2 The adherents of the new religion were either denying or ignor- 1 RomanitaÁ e cristianesimo sono due grandi forze spirituali, che, partendo da concezioni diverse ed avendo fini diversi, in un determinato momento storico si intrecciano nella medesima direzione; Biondi, B, Il diritto romano cristiano, vol. I, Milano 1952, p. 3. 2 Tert. De praesc. 7, 18. 9 © Copyright by Wydawnictwo KUL Foreword ±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±± ing the political, social and mental order of the time and correspondingly were rejecting its binding law. On the other hand, the Roman state, in principle tolerant of religious worship that remained in concordance with the public order and vital state interests, was reluctant or even hostile towards the new cult, partly because its followers refused to acquiesce to the imperial cult endorsed by Octavian Augustus and his successors. The year AD 313 saw the revolutionary proclamation by Constantine and Licinius of the Edict of Milan which ± according to the report of Eusebius of Caesarea ± read as follows: When I, Constantine Augustus, and I, Licinius Augustus, came under favorable aus- pices to Milan and took under consideration everything which pertained to the com- mon weal and prosperity, we resolved among other things, or rather first of all, to make such decrees as seemed in many respects for the benefit of every one; namely, such as should preserve reverence and piety toward the deity. We resolved, that is, to grant both to the Christians and to all men freedom to follow the religion which they choose, that whatever heavenly divinity exists may be propitious to us and to all that live under our government. We have, therefore, determined, with sound and upright purpose, that liberty is to be denied to no one, to choose and to follow the religious observances of the Christians, but that to each one freedom is to be given to devote his mind to that religion which he may think adapted to himself, in order that the Deity may exhibit to us in all things his accustomed care and favor.3 With the imperial decision taking effect, all the inhabitants of Imperium, including those of Christian persuasion, were granted the freedom of worship. Consequently, there was a shift in the relations between the state and the Church; what is more, there was an apparent transformation in the reference of Roman law to canon law, the latter dating back to and developing since the very origin of the Church. Emperor Constantine I spearheaded a process which made Christianity a prominent cultural component of the Late Empire. The pronouncement of the Edict of Milan provided an opportunity for the invigorating and inspiring interpenetration of ius canonicum and perfected ius Romanum. The processes of both Christianization of the empire and Romanization of canon law gained specific momentum. The social and cultural context of the rise of Christendom affected all the spheres of the Church, including the language. This impact must have been particularly tangible in the new juridical order of the Church as one 3 Schaff, P., ed. Church History, Life of Constantine, Oration in Praise of Constantine by Eusebius Pamphilius (A.C. McGiffert, Transl.), New York, 1890, p. 795. 10 © Copyright by Wydawnictwo KUL ±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±±± Foreword of the tools in the implementation of her fundamental objectives. The borrow- ing of Roman legal terminology, definitions and structures is unquestionable. Therefore, Roman law was frequently referred to as ªthe accoucheuse of canon law.º4 On the other hand, when pondering upon the problem of the influence of Roman law over ecclesiastical institutions and canon law, the assessment of its form and size leaves many questions unanswered. Nevertheless, in the areas where this influence is prominent, the question arises whether
Load more

Recommended publications
  • IMPERIAL EXEMPLA Military Prowess, Or Virtus, Is but One Quality That
    CHAPTER FOUR IMPERIAL EXEMPLA Military prowess, or virtus, is but one quality that characterized an efffec- tive emperor. Ideally, a ‘good’ emperor was not just a competent general but also displayed other virtues. These imperial virtutes were propagated throughout the Roman Empire by means of imperial panegyric, decrees, inscriptions, biographies, and coins.1 On coinage in particular, juxtaposi- tions of AVG or AVGG with the virtue and/or the imperial portrait on the obverse would connect the virtues mentioned on the reverses directly with the emperor(s). Not all emperors emphasized the same virtues on their coinage. For example, Elagabalus seems not to have felt the need to stress virtus, whereas his successor Severus Alexander did try to convince the Roman people of his military prowess by propagating it on his coins. The presence or absence of particular virtues on coins issued by diffferent emperors brings us to the question as to whether an imperial canon of virtues existed. But before elaborating on this, the concept ‘virtue’ must be clarifijied.2 Modern scholars investigating imperial virtues on coinage consider vir- tues to be personifijications with divine power – in other words, deifijied abstractions or, as Fears puts it, ‘specifijic impersonal numina’.3 For many, the terms ‘personifijication’ and ‘virtue’ are interchangeable.4 Indeed, vir- tues can be considered personifijications. Yet, not all personifijications are 1 Noreña, “The communication of the emperor’s virtues”, p. 153. 2 ‘But if one is to compare coins with other sources, particularly philosopically inspired ones (i.e. in talking of the virtues of the ideal statesman) it is vital to distinguish what is a virtue and what is not’, A.
    [Show full text]
  • Amid Crowd in St. Peter's Square, New Cardinal Hears His Name
    50¢ October 28, 2007 Volume 81, No. 39 www.diocesefwsb.org/TODAY Serving the Diocese of Fort Wayne-South Bend TTODAYODAY’’SS CCATHOLICATHOLIC Amid crowd in St. Peter’s Square, Taking the honors John Goodman named to new cardinal hears his name prestigious Army All American BY CAROL GLATZ bowl team Page 18 VATICAN CITY (CNS) — U.S. Cardinal-designate John P. Foley, a Philadelphia native, was standing in the middle of St. Peter’s Square among a sea of 30,000 pilgrims when Pope Benedict XVI named him a car- dinal. Crocheting for the Though he knew the previous day he was going to be one of 23 people to receive a red hat, the Oct. 17 needy announcement was going to fall on the same morning he had a follow-up visit with his eye doctor. Sister Johnilda called “I didn’t get back in time to be there at the begin- ‘Guardian Angel’ sister ning of the audience and I didn’t have my glad rags on,” meaning his formal clerical dress, so he said he Page 9 just snuck inconspicuously into the middle of the crowd. He told Catholic News Service he never expected to be the second new cardinal listed after the senior Vatican prefect, Cardinal-designate Leonardo Sandri. Bereavement When the pope “started the list there I was No. 2 on the list and that was a surprise,” Cardinal-designate Helping those who mourn Foley said. Pages 10-12 He said a pilgrim standing next to him asked him if he knew any of the men the pope had just named to be cardinal.
    [Show full text]
  • 126613853.23.Pdf
    Sc&- PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY VOLUME LIV STATUTES OF THE SCOTTISH CHURCH OCTOBEK 190' V STATUTES OF THE SCOTTISH CHURCH 1225-1559 Being a Translation of CONCILIA SCOTIAE: ECCLESIAE SCOTI- CANAE STATUTA TAM PROVINCIALIA QUAM SYNODALIA QUAE SUPERSUNT With Introduction and Notes by DAVID PATRICK, LL.D. Printed at the University Press by T. and A. Constable for the Scottish History Society 1907 CONTENTS INTRODUCTION— i. The Celtic Church in Scotland superseded by the Church of the Roman Obedience, . ix ir. The Independence of the Scottish Church and the Institution of the Provincial Council, . xxx in. Enormia, . xlvii iv. Sources of the Statutes, . li v. The Statutes and the Courts, .... Ivii vi. The Significance of the Statutes, ... lx vii. Irreverence and Shortcomings, .... Ixiv vni. Warying, . Ixx ix. Defective Learning, . Ixxv x. De Concubinariis, Ixxxvii xi. A Catholic Rebellion, ..... xciv xn. Pre-Reformation Puritanism, . xcvii xiii. Unpublished Documents of Archbishop Schevez, cvii xiv. Envoy, cxi List of Bishops and Archbishops, . cxiii Table of Money Values, cxiv Bull of Pope Honorius hi., ...... 1 Letter of the Conservator, ...... 1 Procedure, ......... 2 Forms of Excommunication, 3 General or Provincial Statutes of the Thirteenth Century, 8 Aberdeen Synodal Statutes of the Thirteenth Century, 30 Ecclesiastical Statutes of the Thirteenth Century, . 46 Constitutions of Bishop David of St. Andrews, . 57 St. Andrews Synodal Statutes of the Fourteenth Century, vii 68 viii STATUTES OF THE SCOTTISH CHURCH Provincial and Synodal Statute of the Fifteenth Century, . .78 Provincial Synod and General Council of 1420, . 80 General Council of 1459, 82 Provincial Council of 1549, ...... 84 General Provincial Council of 1551-2 ...
    [Show full text]
  • Introduction
    Introduction FREDERIK PEDERSEN European society underwent fundamental changes during the millennium from 500 AD to 1500 AD. Ideas and practices of marriage differed in fundamental ways between the start and the end of the period. The Roman Empire and its successor states exhibited a multitude of kinship relations and household organizations, some based around a slave economy, others around polygamous marriages. Some allowed marriage partners to dissolve their marriages and others prohibited it. However, by 1500, throughout Europe, the basic family unit could be expected to be organized around a voluntary, monogamous, and lifelong conjugal unit, not only in Christian society, but also among Europe’s Jews. This cultural unity stretched from the farthest north to the Mediterranean and beyond, and it was the result of a multitude of factors. Some developments were caused by changes in relations of production, some were stimulated by theological discussions, and still others came about because of political considerations as kings, nobility and prelates discussed, challenged and refined the institution of marriage and its consequences. The interpretation of marriage in medieval Christian theology (which provided the ideological underpinnings of marriage legislation across Europe) differs profoundly from other cultures and religions in its insistence that marriage was not only a social, secular reality, but also a symbolic recreation of God’s relationship with His Church. For medieval Christians, marriage became a reflection of Christ’s union with the Church, and this interpretation provided the ideological foundations for marriage as exclusive, life-long, and indissoluble.1 Although this interpretation of human sexuality meant that marriage was an integral part of Christianity from the 2 beginning, the Church only decisively took on marriage law during a relatively short period between the eleventh and early thirteenth centuries.
    [Show full text]
  • Heads Or Tails
    Heads or Tails Representation and Acceptance in Hadrian’s Imperial Coinage Name: Thomas van Erp Student number: S4501268 Course: Master’s Thesis Course code: (LET-GESM4300-2018-SCRSEM2-V) Supervisor: Mw. dr. E.E.J. Manders (Erika) 2 Table of Contents List of Figures ............................................................................................................................ 5 Figure 1: Proportions of Coin Types Hadrian ........................................................................ 5 Figure 2: Dynastic Representation in Comparison ................................................................ 5 Figure 3: Euergesia in Comparison ....................................................................................... 5 Figure 4: Virtues ..................................................................................................................... 5 Figure 5: Liberalitas in Comparison ...................................................................................... 5 Figure 6: Iustitias in Comparison ........................................................................................... 5 Figure 7: Military Representation in Comparison .................................................................. 5 Figure 8: Divine Association in Comparison ......................................................................... 5 Figure 9: Proportions of Coin Types Domitian ...................................................................... 5 Figure 10: Proportions of Coin Types Trajan .......................................................................
    [Show full text]
  • Synoptic Traditions in Didache
    Synoptic Tradition in the Didache Revisited Dr. Aaron Milavec Center for the Study of Religion and Society University of Victoria Ever since a complete copy of the Didache was first discovered in 1873, widespread efforts have been undertaken to demonstrate that the framers of the Didache depended upon a known Gospel (usually Matthew, Luke, or both) and upon one or more Apostolic Fathers (Barnabas, Hermas, and/or Justin Martyr). In more recent times, however, most scholars have pushed back the date of composition to the late first or early second century and called into question dependency upon these sources. In the late 50s, Audet1. Glover2, and Koester3 cautiously developed this stance independent of each other. More recently, Draper4, Kloppenborg5, Milavec6, Niederwimmer7, Rordorf8, and Van de Sandt9 have argued quite persuasively in favor of this position. Opposition voices, however, are still heard. C.M. Tuckett10 of Oxford University, for example, reexamined all the evidence in 1989 and came to the conclusion that parts of the Didache "presuppose the redactional activity of both evangelists" thereby reasserting an earlier position that "the Didache here presupposes the gospels of Matthew and Luke in their finished forms."11 Clayton N. Jefford, writing in the same year independent of Tuckett, came to the conclusion that the Didache originated in the same community that produced the Gospel of Matthew and that both works had common sources but divergent purposes.12 Vicky Balabanski, in a book-length treatment of the eschatologies of Mark, Matthew, and Didache, reviewed all the evidence up until 1997 and concluded that Did. 16 was written "to clarify and specify certain aspects of Matthew's eschatology."13 This essay will weigh the evidence for and against dependence upon the Gospel of Matthew--the most frequently identified "written source" for the Didache.
    [Show full text]
  • The Beginning of Roman Law Jurisprudence and Teaching in the Twelfth Century: the Authenticae
    Rivista Internazionale di Diritto Comune 22 (2011) 35-53 KENNETH PENNINGTON The Beginning of Roman Law Jurisprudence and Teaching in the Twelfth Century: The Authenticae There has been vigorous debate in recent years about when and where jurists began to teach Roman law. That debate is the larger context in which this essay should be read1. Here I will attempt to provide evidence for one aspect of the jurists’ work at the dawn of the * Kelly-Quinn Professor of Ecclesiastical and Legal History, The Columbus School of Law and the School of Canon Law, The Catholic University of America, Washington, DC. 1 Anders Winroth has argued that the teaching of Roman law in Bologna began in the 1130’s, The Making of Gratian’s Decretum (Cambridge Studies in Medieval Life and thought 49; Cambridge: Cambridge University Press, 2000) 173; I have written several essays discussing the appearance of Roman law in secular and ecclesiastical legal texts of the first half of the twelfth century and have concluded that the teaching of Roman law must have begun in the early twelfth century or even before. See K. Pennington, ‘The Birth of the Ius commune: King Roger II’s Legislation’, Rivista Internazionale di Diritto Comune 17 (2006) 23-60; idem, ‘The Practical Use of Roman Law in the Early Twelfth-Century’,Handlung und Wissenschaft: Die Epistemologie der Praktischen Wissenschaften im 12. und 13. Jahrhundert, edd. Matthias Lutz-Bachmann and Alexander Fidora (Wissenskultur und Gesellschaftlicher Wandel 29; Berlin: Akademie Verlag 2008) 11-31; idem, ‘The “Big Bang”: Roman Law in the Early Twelfth-Century’, Rivista Internazionale di Diritto Comune 18 (2007) 43-70; idem, ‘Roman Law at the Papal Curia in the Early Twelfth Century’, Canon Law, Religion, and Politics: Liber Amicorum Robert Somerville, edited by Uta-Renate Blumenthal, Anders Winroth, and Peter Landau (Washington, DC.
    [Show full text]
  • Spine for Bulletin of Medieval Canon Law
    Spine for Bulletin of Medieval Canon Law Top to Bottom Vol. 32 Bulletin of Medieval Canon Law 2015 THE STEPHAN KUTTNER INSTITUTE OF MEDIEVAL CANON LAW MÜNCHEN 2015 BULLETIN OF MEDIEVAL CANON LAW NEW SERIES VOLUME 32 AN ANNUAL REVIEW PUBLISHED BY THE CATHOLIC UNIVERSITY OF AMERICA PRESS FOR THE STEPHAN KUTTNER INSTITUTE OF MEDIEVAL CANON LAW BULLETIN OF MEDIEVAL CANON LAW THE STEPHAN KUTTNER INSTITUTE OF MEDIEVAL CANON LAW MÜNCHEN 2015 BULLETIN OF MEDIEVAL CANON LAW NEW SERIES VOLUME 32 AN ANNUAL REVIEW PUBLISHED BY THE CATHOLIC UNIVERSITY OF AMERICA PRESS FOR THE STEPHAN KUTTNER INSTITUTE OF MEDIEVAL CANON LAW Published annually at the Stephan Kuttner Institute of Medieval Canon Law Editorial correspondence should be addressed to: STEPHAN-KUTTNER INSTITUTE OF MEDIEVAL CANON LAW Professor-Huber-Platz 2 D-80539 München PETER LANDAU, Editor Universität München [email protected] or KENNETH PENNINGTON, Editor The School of Canon Law The Catholic University of America Washington, D.C. 20064 [email protected] Advisory Board PÉTER CARDINAL ERDP PETER LINEHAN Archbishop of Esztergom St. John’s College Budapest Cambridge University JOSÉ MIGUEL VIÉJO-XIMÉNEZ ORAZIO CONDORELLI Universidad de Las Palmas de Università degli Studi Gran Canaria Catania FRANCK ROUMY KNUT WOLFGANG NÖRR Université Panthéon-Assas Universität Tübingen Paris II Inquiries concerning subscriptions or notifications of change of address should be sent to the Bulletin of Medieval Canon Law Subscriptions, PO Box 19966, Baltimore, MD 21211-0966. Notifications can also be sent by email to [email protected] Telephone (410) 516-6987 or 1-800-548-1784 or fax 410-516-3866.
    [Show full text]
  • LES ENLUMINURES,LTD Les Enluminures
    LES ENLUMINURES,LTD Les Enluminures 2970 North Lake Shore Drive 11B Le Louvre des Antiquaires Chicago, Illinois 60657 2 place du Palais-Royal 75001 Paris tel. 1-773-929-5986 fax. 1-773-528-3976 tél : 33 1 42 60 15 58 [email protected] fax : 33 1 40 15 00 25 [email protected] BONIFACE VIII (1294-1303), Liber Sextus, with the Glossa Ordinaria of Johannes Andreae and the Regulae Iuris In Latin, illuminated manuscript, on parchment [France, likely Avignon, c. 1350] 228 folios, parchment, complete (1-910, 10 8, 1112, 12 8, 13-1412, 15-1910, 2011, 199 is a folio detached, 21-2210, 234, 225 and 227 are detached folios), quires 21 to 23 bear an old foliation that goes from 1 to 22 and are distinctive both by their mise-en-page and their texts, horizontal catchwords for quires 1-9 and 21-22, vertical for quires 10-20, ruling in pen: for the Liber Sextus 2 columns of variable length with surrounding glosses (57-60 lines of gloss; justification 295/325 x 195/200 mm); in quires 21-23, 2 columns (52-54 lines, justification 310 x 185), written in littera bononiensis by several hands, smaller and more compressed for the gloss, of middle size, more regular and larger for the Regulae iuris, decoration of numerous initals in red and blue, that of quires 1 and 5 is a little more finished, the initials there are delicately calligraphed with penwork in red with violet and blue with red, large 4 ILLUMINATED INITIALS on ff. 2r and 4r, a little deteriorated in blue, pale green, pink, orange, and gold and silver on black ground with white foliage, containing rinceaux and animals, the first surmounted by a rabbit; at the beginning of the text a large initial with penwork and foliage, ending in a floral frame separating the text from the gloss, with an erased shield in the lower margin.
    [Show full text]
  • Medieval Canon Law and Early Modern Treaty Law Lesaffer, R.C.H
    Tilburg University Medieval canon law and early modern treaty law Lesaffer, R.C.H. Published in: Journal of the History of International Law Publication date: 2000 Link to publication in Tilburg University Research Portal Citation for published version (APA): Lesaffer, R. C. H. (2000). Medieval canon law and early modern treaty law. Journal of the History of International Law, 2(2), 178-198. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 27. sep. 2021 178 Journal of the History of International Law The Medieval Canon Law of Contract and Early Modern Treaty Law Randall Lesaffer Professor of Legal History, Catholic University of Brabant at Tilburg; Catholic University of Leuven The earliest agreements between political entities which can be considered to be treaties date back from the third millennium B.C1. Throughout history treaties have continuously been a prime instrument of organising relations between autonomous powers.
    [Show full text]
  • The Jubilees Calendar and the Origin of Sunday Observance
    THE JUBILEES CALENDAR AND THE ORIGIK OF SUNDAY OBSERVAXCE EARLE HILGERT Andrews University, Berrien Springs, Michigan A. Jaubert and J. van Goudoever have proposed that Christian Sunday observance is to be seen as rooted in an ancient Jewish sacerdotal calendar similar to or identical with that known from the Book of Jubdees and the Qumran literature. Jaubert, for instance, has spoken of the Christian Sunday as a "continuation" (" prolongement ") of an ancient Jewish "priestly liturgy" which stood "in marked opposition to the legal calendar." 3 On the other hand, W. Rordorf also has given attention to this problem and has concluded that "the recent investigations of the calendar, called forth by the study of the Book of Jubilees and related writings as well as by the discoveries of Qumran, are not able to elucidate the problem of the origin of Christian Sunday observance." Such apparently divergeant conclusions invite a review of the evidence bearing on this problem. 1 A. Jaubert, "Le calendrier des JubilCs et les jours liturgiques de Ia semaine," VT, VII (1957), 60; "Jksus et le calendrier de Qumrh," NTS, YII (1960-61),27, n. 2 and p. 28 : "DkjA l'origine de la Pcntecdte au jour annuel fixe du dimanche montre que la communautC chrCtienne primitive ne partageait pas les interprbtations pharisiennes, mais que les coutumes de calendrier s'enracinaient dans le (ou un) calendrier sacerdotal ancien; il faut certainement en dire autant pour le dimanche chrktien." J . van Goudoever, Biblical Calendars (Leiden, 1961),pp. 167-I 7 j. Jaubert, VT, VII (1g57), 60. 4 W. Rordorf, Der Sonntag (Ziirich, 1962),p.
    [Show full text]
  • 150 Years of Research : a Bibliography of the Indiana University School of Law Faculty, 1842-1992
    Maurer School of Law: Indiana University Digital Repository @ Maurer Law 150 Years of Research: A Bibliography of Indiana University School of Law Faculty, Law Library Publications 1842-1992 1992 150 years of research : a bibliography of the Indiana University School of Law Faculty, 1842-1992 Linda K. Fariss Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/bibliography Part of the Legal Biography Commons, Legal Education Commons, Legal History Commons, Legal Profession Commons, and the Legal Writing and Research Commons Recommended Citation Fariss, Linda K., "150 years of research : a bibliography of the Indiana University School of Law Faculty, 1842-1992" (1992). 150 Years of Research: A Bibliography of Indiana University School of Law Faculty, 1842-1992. 1. https://www.repository.law.indiana.edu/bibliography/1 This Brochure is brought to you for free and open access by the Law Library Publications at Digital Repository @ Maurer Law. It has been accepted for inclusion in 150 Years of Research: A Bibliography of Indiana University School of Law Faculty, 1842-1992 by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. 150 Years of Research: A Bibliography of the Indiana University School of Law Faculty, 1842-1992 Indiana University School of Law Bloomington, Indiana 150 Years of Research: A Bibliography of the Indiana University School of Law Faculty, 1842-1992 compiled by: Keith A. Buckley Mitchell E. Counts Ralph F. Gaebler Michael M. Maben Marianne Mason F. Richard Vaughan Nona K. Watt edited by: Linda K.
    [Show full text]