The history of the vexed relationship between clergy and warfare is traced through a careful examination of canon law. In the first millennium the Christian Church forbade its clergy from bearing arms. In the mid-eleventh century the ban was reiterated many times at the highest levels: all participants in the battle of Hastings, for example, who had drawn blood were required to do public penance. Yet over the next two hundred years the canon law of the Latin Church changed significantly: the pope and bishops came to authorize and direct wars; military-religious orders, beginning with the Templars, emerged to defend the faithful and the Faith; and individual clerics were allowed to bear arms for defensive purposes. This study examines how these changes developed, ranging widely across Europe and taking the story right up to the present day; it also considers the reasons why the original prohibition has never been restored. Lawrence G. Duggan is Professor of History at the University of Delaware and research fellowof the Alexander von Humboldt Foundation.

First published in 1980, but then out of print for several years, this collection, together with The History of Ideas and Doctrines of Canon Law in the Middle Ages, presents a series of fundamental articles by the acknowledged master of medieval canon law studies. For this second edition they have been provided with extensive sections of new notes and references and the detailed indexes have been wholly revised and expanded. The volumes therefore now constitute essential works of reference for all those interested in the study of the medieval Church and its law. Ces deux collections, tout d'abord publiees en 1980, mais actuellement hors impression depuis plusieurs annees, presentent une serie de textes fondamentaux du mAcitre inconteste de l'etude du droit canon medieval. Pour cette seconde edition, elles ont ete enrichies de sections importantes de nouvelles notes et references et les index detailles ont ete entierement revises et approfondis. De ce fait, ces ouvrages constituent aujourd'hui des travaux essentiels de reference pour tous ceux interesses par l'etude de l'Eglise medievale et de son droit.

The followers of the martyred Bohemian priest Jan Hus (1371-1415) formed one of the greatest challenges to the medieval Latin Church. Branded as heretics, outlawed, then forced to fight for their faith as well as their lives, the Hussites occupy one of the most colorful and challenging chapters of European religious history. The essays reprinted in this book (along with one here first published in English and additional notes) explore the essence of the early Hussite movement by focusing on the nature and development of heresy both as accusation and identity. Heresy and Hussites in Late Medieval Europe first examines the definition of heresy, and its comparative nature across Europe. It investigates the unique practices of popular religion in local communities, while examining theology and its unavoidable conflicts. The repressive policy of crusade and the growth of martyrdom with its inevitable contribution to the formation of Hussite history is explored. The social application of religious ideas, its revolutionary outcomes, along with the intentional use of art in pedagogy and propaganda, situates the Czech heretics in the fifteenth century. An examination of leading personalities, together with the eventual and more formal church administration, rounds out the study of this remarkable era.

Crises are never the best of times and the era of the Great Western Schism (1378-1417) easily qualifies as one of the worst of times. As a professor of canon law at the University of Padua and later cardinal, and as a major theorist in the conciliarist movement, Franciscus Zabarella (1360-1417) tried to do what a good legal mind does: find and explicate a viable and legal solution to the crises of his time, a solution that would stand up in his own era and for the generations that followed. In this volume Thomas Morrissey looks at what he said, wrote and did, and places him and his thought in the context of the late medieval and early modern era, how he reflected that world and how he influenced it. Particular studies elucidate what he wrote on the authority and on the duty of the people in power, what they could do and should do, as well as what they should not do. They also show how he explored the area of early constitution law and human rights in civil and religious society and that his work leads down the road to our modern constitutional democratic societies. The volume includes two previously unpublished studies, on the situation in Padua c. 1400 and on a sermon from 1407, together with an introduction contextualizing the articles.

Since its earliest days, the Christian Church sought to draw up rules by which its members could live together in religious communities. Whilst those of Augustine (c.400 AD) and Benedict (c.530 AD) provided detailed guidance for monastic life, it took another two centuries for equivalent rules for secular clergy to become accepted on a wide scale. The earliest surviving set of comprehensive rules for canons are those written in the mid-eighth century by St Chrodegang (c.712-766), Bishop of Metz. Writing initially for secular clergy at Metz Cathedral, this work shows how Chrodegang's rule borrowed much from the Benedictine tradition, dealing with many of the same concerns such as the housing, feeding and disciplining of members of the community and the daily routine of the divine offices. At a time when there was no consensus on how clergy should live - whether they should marry or were eligible to own property - Chrodegang's rule provided clear guidance on such issues, and inspired reformers across Europe to consider how clergy lived and interacted with wider society. Although his work was superseded within a generation by the Rule of Aachen, Chrodegang succeeded in setting the agenda for subsequent rules for canons and as such his rule deserves to be given more weight by Church historians than has hitherto been the case. Providing the Latin texts and English translations of the three surviving versions of Chrodegang's rule, (Regula Originalis Chrodegangi, Institutio Canonicorum, Regula Longior Canonicorum) this volume provides an invaluable resource to scholars of medieval Christian communities. Substantial introductions to each text provide historical context and bibliographic details, allowing them to be understood in a much fuller way than has hitherto been possible.

This ambitious book presents the first sustained analysis of the evolving representation of Cuthbert, the premier saint of northern England. The study spans both major and neglected texts across eight centuries, from his earliest depictions in anonymous and Bedan vitae, through twelfth-century ecclesiastical histories and miracle collections produced at Durham, to his late medieval appearances in Latin meditations, legendaries, and vernacular verse. Whitehead reveals the coherence of these texts as one tradition, exploring the way that ideologies and literary strategies persist across generations. An innovative addition to the literature of insular spirituality and hagiography, The Afterlife of St Cuthbert emphasises the related categories of place and asceticism. It charts Cuthbert's conceptual alignment with a range of institutional, masculine, northern, and national spaces, and examines the distinctive characteristics and changing value of his ascetic lifestyle and environment - frequently constituted as a nature sanctuary - interrogating its relation to his other jurisdictions.

This book explores the taxation and exemption of churches and other religious institutions, both empirically and normatively. This exploration reveals that churches and other religious institutions are treated diversely by the federal and state tax systems. Sectarian institutions pay more tax than many believe. In important respects, the states differ among themselves in their respective approaches to the taxation of sectarian entities. Either taxing or exempting churches and other sectarian entities entangles church and state. The taxes to which churches are more frequently subject - federal Social Security and Medicare taxes, sales taxes, real estate conveyance taxes - fall on the less entangling end of the spectrum. The taxes from which religious institutions are exempt - general income taxes, value-based property taxes, unemployment taxes - are typically taxes with the greatest potential for church-state enforcement entanglement. It is unpersuasive to reflexively denounce the tax exemption of religious actors and institutions as a subsidy. Tax exemption can implement the secular, non-subsidizing goal of minimizing church-state enforcement entanglement and thus be regarded as part of a normative tax base. Taxing the church or exempting the church involves often difficult trade-offs among competing and legitimate values. On balance, our federal system of decentralized legislation reasonably make these legal and tax policy trade-offs, though there is room for improvement in particular settings such as the protection of internal church communications and the expansion of the churches' sales tax liabilities.

This text focuses on the legal status of the Jews within the Roman Empire and the changes that this underwent when the empire became Christian. Conflicts between Roman and Jewish jurisdiction form an important theme, while particular studies deal with questions of conversion, the observance of the Sabbath and Festivals, Hadrian's decree prohibiting circumcision, and with the treatment given to the Samaritans. In the field of family law, Profesor Rabello looks at issues to do with the patria potestas, family courts, marriage and divorce, and it is in these areas, he would hold, that a basic understanding can be found of how the early Catholic Church treated Jews and Judaism.

Natural law has long been considered the traditional source of Roman Catholic canon law. However, new scholarship is critical of this approach as it portrays the Catholic Church as static, ahistorical, and insensitive to cultural change. In its attempt to stem the massive loss of effectiveness being experienced by canon law, the church has to reconsider its theory of legal foundation, especially its natural law theory. Church Law in Modernity analyses the criticism levelled at the church and puts forward solutions for reconciling church law with modernity by revealing the historical and cultural authenticity of all law, and revising the processes of law making. In a modern church, there is no way of thinking of the law without the participation of the faithful in legislation. Judith Hahn therefore proposes a reformed legislative process for the church in the hope of reconciling the natural law origins of church law with a new, modern theology.

This book describes in detail the ways in which the life of the Church of England is affected by law. It deals with a great many topics including canonical jurisprudence, ecclesiastical government, the ministry of clergy and laity, faith, doctrine and liturgy, the churches' rites and the management of property and finance. Each of these subjects is studied and analyzed critically and where appropriate comparisons are made with the Roman Catholic Church.
Five general themes emerge: first is the degree to which the church can be said to be regulated; the second concerns the increasingly important use of administrative rules created executively at national and diocesian level to supplement the churches formal law; the third examines the relationship between the formal law and the pastoral values of clarity, certainty and flexibility; the fourth theme is the applicability of secular law; the final theme is the comparison with the canon law of the Roman Catholic Church. Thus the book provides for the first time a comprehensive, descriptive and critical analysis of the legal framework of the Church of England and the regulatory instruments which operate within this framework.

The articles in this volume trace the development of the theory that humanity forms a single world community and that there exists a body of law governing the relations among the members of that community. These ideas first appeared in the writings of the medieval canon lawyers and received their fullest development in the writings of early modern Spanish intellectuals. Conflict and contact with 'the infidel' provided a stimulus for the elaboration of these ideas in the later Middle Ages, but major impetus was given by the English subjugation of Ireland, and by the discovery of the Americas. This body of work paved the way for the modern notions of an international legal order and universal norms of behavior usually associated with the publication of Hugo Grotius's work in the seventeenth century.

In this second volume of studies on 12th-century canon law, Charles Duggan emphasises the European context of the emergence of the ius novum, the new law of the Western church, based on specific cases and informed by the academic learning of the schools where canon law was taught as a scholarly discipline. The themes range from marriage and forgery to regional applications, with studies on decretals to Hungary and Archbishop Roger of York respectively, Italian marriage decretals, the impact of the Becket dispute, litigation involving English secular magnates and the crown culminating with a perceptive analysis of the role of judges delegate in the formation and application of the new principles of law and jurisprudence which the practice of local courts and appeals to the papacy brought into being. Significant light is thrown on English collectors, judges, and secular and ecclesiastical litigants. Wherever possible, calendars are provided, often with more accurate identifications and dating, and based on the fullest manuscript sources.

The papers collected in this volume fall into three main groups. Those in the first group are concerned with the origin and early development of the idea of natural rights. The author argues here that the idea first grew into existence in the writings of the 12th-century canonists. The articles in the second group discuss miscellaneous aspects of medieval law and political thought. They include an overview of modern work on late medieval canon law. The final group of articles is concerned with the history of papal infallibility, with especial reference to the tradition of Franciscan ecclesiology and the contributions of John Peter Olivi and William of Ockham.

The two themes brought together in this volume - the canon law and the liturgy of the early medieval Latin Church - have close links, as these articles reveal. At the basis of this lies that fact that the collections and manuscripts with which Professor Reynolds is concerned provide the source material for both fields of study. In the book particular emphasis is given to the Irish Collection canonum hibernensis and its many derivatives, to works from Carolingian Salzburg and eleventh-century Southern Italy, and to liturgical collections. The whole illustrates the need for liturgiologists to be aware of the riches in medieval legal sources, and for legal historians to take account of the wealth of liturgical material that is a principal ingredient of the law of the Church; and demonstrates how much one field can contribute to understanding the development and to the dating of the other. Les deux themes reunis dans ce volume - le droit canon et la liturgie de l'Eglise Latine du haut moyan-Acge - ont, comme le revele ce groupe d'articles, des liens tres etroits. Ceci reposant sur le fait que les collections et manuscrits, auxquels le professeur Reynolds s'interesse, apportent la substance se trouvant A la source de ces deux terrains d'etudes. Dans le livre, une importance particuliere est donnee au Collectio canonum hibernensis irlandais et A ses multiples derivations, ainsi qu'aux travaux issus de Salzburg A l'epoque carolingienne A ceux provenant d'Italie meridionale au 11e s. et aux collections liturgiques. L'ensemble illustre la nesessite pour les specialistes en liturgie d'Atre conscients de l'abondance de sources legales medievales et pour les historiens du droit de tenir compte de la richesse en matiere liturgique et que forme l'un des ingredients principaux du droit de l'Eglise; il demontre aussi combien un domaine peut contribuer e la comprehension du developpement et A l'assignation de date

The question these articles seek to respond to, in this fifth collection by Jean Gaudemet to be published by Variorum, is how the intellectual elite of the medieval Church perceived the institutions among which they lived - how they portrayed them, and how they sought to influence them. Whether dealing with the papacy and its place in the Church and the world, with the role of the people in government, or with the position of the individual in society, he would argue that this is the essential question. In their response, this elite drew on the Bible and custom, on Roman law and papal letters, in order that the law could encompass all human experience. To achieve this, these jurists needed to create categories and work out principles, hence the recourse to theology and the necessity for a logical structure, a 'systematization'. Ce volume reunit dix-sept etudes parues dans diverses revues ou recueils de Melanges entre 1988 et 1992. Toutes concernent La doctrine canonique medievale telle qu'elle s'exprime (principalement du VIe au XIIIe siecle) A propos des institutions de l'Eglise et de ses relations avec la societe seculiere. Comment l'elite intellectuelle des hommes de l'Eglise medievale a-t-elle perAu les institutions au milieu desquelles elle vivait? Quelle image a-t-elle voulu en donner? Dans quelle voie esperait-elle les orienter? Qu'il s'agisse de la Papaute, de se place dans l'Eglise et dans le Monde, du rAle du Peuple dans le gouvernement, du sort de l'individu dans le group social, de l'entree dans l'Eglise et de la condition de ceux qui lui restent etrangers, la question reste la mAme: Comment le droit peut-il saisir l'infinie variete de l'histoire des hommes?

The society and legal systems of Southern Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant. His approach has been to make a detailed study of modern social structures and legal customs and to relate these to what we know of ancient society and law. The traditional tribal society of the region, he argues, has preserved in its customary law and practice a very great deal that derives directly from the pre-Islamic period, whereas the shari'ah, the law of Islam, though stemming from the same sources, has often diverged significantly from it. An understanding of the modern situation, therefore, is of immediate relevance to the interpretation of pre- and early-Islamic society. Among the particular topics covered are the interplay between tribal affinities and religious authority, marriage legislation and the "Frankish chancre" or (syphilis), and maritime customary law. From an ethnographic viewpoint, furthermore, these studies record peoples and lifestyles that have been increasingly overwhelmed by contemporary events. Les societes et les systemes juridiques de l'Arabie du Sud, moderne et ancienne, sont le theme de ce recueil d'articles par le professeur Serjeant. Il aborde le sujet avec une etude des structures sociales modernes, ainsi que du droit coutumier, puis les rattache A ce qui est connu de la societe et du droit anciens. La societe tribale traditionnelle de la region, affirme-t'il, a conserve un grand nombre d'us et coutumes trouvant des origines directes au cours de la periode pre-islamique, alors que le droit de l'Islam, le shari'ah, bien qu'issu des mAmes sources, s'en eloigne de faAon significative. Le fait de comprendre la situation moderne a donc un rapport immediat avec toute interpretation de la societe islamique A ses debuts. Parmi les themes specifiques que couvre l'auteur, se trouvent le droit marital et le "chancre" franc (syphilitique), le droit

This volume is concerned, above all, with the legal background and the juristic issues behind the ideology and practice of the medieval Crusades. This is an area that the author was the first to investigate systematically, and there are two particular reasons for his approach: one, the conviction that the historical phenomenon of the Crusades can only be adequately understood within the context of the legal systems that permeated the age; the other, that so much of the documentary evidence " be it charters, decrees even chronicles " was produced by people whose perceptions had been shaped by the law. A number of articles focus on the roles of individual crusaders, or address ideological questions, including the very concept of Holy War. Others deal with practical issues and the nature of the obligations incurred by a crusader, and examine the consequences these had, both for the institutions of medieval Europe and for the crusader's own family relationships. Ce recueil s'attache avant tout au contexte legal et aux questions juridiques qui se trouvent A la base de l'ideologie et de la pratique des Croisades au Moyen Age. L 'auteur a ete le premier A entreprendre des recherches de faAon systematique dans ce domaine; deux raisons precises sont A l'origine de cette demarche premierement, la conviction que seule la connaissance du contexte des systemes legaux dont l'epoque etait impregnee, permet de bien comprendre le phenomene historique des Croisades; deuxiemement, le fait que quantite de documents " temoins " chartes, decrets, ou encore chroniques " sont l'oeuvre de gens dont la perception etait grandement influencee par la loi. Un nombre d'etudes se concentrent sur la rAle individuel de certains croises, ou s'adressent A des questions d'ideologie, y compris le concept mAme de la Guerre Sainte. D'autre traitent de questions d'ordre pratique, ainsi que de la nature des engagements contractes par le croise; ils en examinent le

This fourth selection of articles by Professor Kuttner complements the volumes previously published by Variorum. Its subject is the history of the Church law of the Middle Ages, and the manner in which it has been studied. One group of articles is particularly concerned with the broader implications of medieval law, with its role in the history of doctrines and ideas: other sections focus on the history of the Glossators in modern research, and on the canonists of the period following the Decretals of Pope Gregory IX " the Glossa Ordinaria and the works of St Raymond of PeA+/-afort and Johannes Andreae form specific areas of interest. As in the previous volumes, there is an extensive section of 'Retractiones", recording the results of further research and assiduously detailing and commenting upon work done in the field since the articles were first published. To facilitate access to all this material, important indexes have also been provided. Cette quatrieme collection d'articles du Professeur Kuttner complete les volumes preablement publies par Variorum. Elle a pour sujet l'histoire du droit l'Eglise au Moyen Age et la maniere dont il a ete etudie. Un des groupes d'articles traite en particulier des implications plus larges medieval et de son rAle dans l'histoire doctrines et des idees. D'autres se concentrent sur l'histoire des Glossateurs au travers de la recherche moderne et sur les canonistes de la periode suivant les decretales du pape Gregoire IX " les Glossa Ordinaria et les travaux de St Raymond de Penafort et de Johannes Andreae constituent des passages d'interet specifiques. De mAme que dans les volumes precedentes, il existe une importante section de 'Retractiones' ou sont enregistres les resultants de recherches supplementaires et ou y sont faits un compte-rendu assidueusement detaille, ainsi que des commentaires sur le travail accompli dans la domaine en question depuis la premiere publication des articles. Afin de faciliter

The foundation for all scholarly study in biblical law is the shared assumption that the Covenant Code, as contained in Exodus 20:23-22:33 is the oldest code of laws in the Hebrew Bible, and that all other laws are later revisions of that code. In A Law Book for the Diaspora, John Van Seters strikes at that foundation. He argues that those laws in the Covenant Code that are similar to Deuteronomy and the Holiness Code are in fact later than both of these, dependent on them as sources, and therefore cannot be taken as the foundation of Hebrew Law. A persuasive presentation of a controversial thesis, A Law Book for the Diaspora will have a dramatic and far-reaching impact on the study of Hebrew Law. No student of the Hebrew Bible can afford to ignore it.

Alexander III's 1179 Lateran Council, was, for medieval contemporaries, the first of the great papal councils of the central Middle Ages. Gathered to demonstrate the renewed unity of the Latin Church, it brought together hundreds of bishops and other ecclesiastical dignitaries to discuss and debate the laws and problems that faced that church. In this evaluation of the 1179 conciliar decrees, Danica Summerlin demonstrates how these decrees, often characterised as widespread and effective ecclesiastical legislation, emerged from local disputes which were then subjected to a period of sifting and gradual integration into the local and scholarly consciousness, in exactly the same way as other contemporary legal texts. Rather than papal mandates that were automatically observed as a result of their inherent papal authority, therefore, Summerlin reveals how conciliar decrees should be viewed as representative of contemporary discussions between the papacy, their representatives and local bishops, clerics, and scholars.

This ambitious book presents the first sustained analysis of the evolving representation of Cuthbert, the premier saint of northern England. The study spans both major and neglected texts across eight centuries, from his earliest depictions in anonymous and Bedan vitae, through twelfth-century ecclesiastical histories and miracle collections produced at Durham, to his late medieval appearances in Latin meditations, legendaries, and vernacular verse. Whitehead reveals the coherence of these texts as one tradition, exploring the way that ideologies and literary strategies persist across generations. An innovative addition to the literature of insular spirituality and hagiography, The Afterlife of St Cuthbert emphasises the related categories of place and asceticism. It charts Cuthbert's conceptual alignment with a range of institutional, masculine, northern, and national spaces, and examines the distinctive characteristics and changing value of his ascetic lifestyle and environment - frequently constituted as a nature sanctuary - interrogating its relation to his other jurisdictions.

Thomas Izbicki presents a new examination of the relationship between the adoration of the sacrament and canon law from the twelfth to fifteenth centuries. The medieval Church believed Christ's glorified body was present in the Eucharist, the most central of the seven sacraments, and the Real Presence became explained as transubstantiation by university-trained theologians. Expressions of this belief included the drama of the elevated host and chalice, as well as processions with a host in an elaborate monstrance on the Feast of Corpus Christi. These affirmations of doctrine were governed by canon law, promulgated by popes and councils; and liturgical regulations were enforced by popes, bishops, archdeacons and inquisitors. Drawing on canon law collections and commentaries, synodal enactments, legal manuals and books about ecclesiastical offices, Izbicki presents the first systematic analysis of the Church's teaching about the regulation of the practice of the Eucharist.

This original book is a comprehensive, richly documented and critical examination of laws applicable to Anglican cathedrals in England, some of the most iconic monuments in the national heritage and centres of spiritual and cultural capital. Law is the missing link in the emerging field of cathedral studies. The book fills this gap. It explores historical antecedents of modern cathedral law, traces aspects of them that still endure, and explains the law with particular reference to the recommendations of the Archbishops' Commission on Cathedrals 1994 which led to the most radical changes in the legal history of these churches since the Reformation, culminating in the Cathedrals Measure 1999 and associated later legislation. The book compares the domestic constitutions and statutes of all the cathedrals of the Church of England today - old foundations, new foundations and parish church cathedrals - as well as policies and guidelines applicable to or adopted by them. Whilst national law acts as a fundamental unifying force, there is considerable diversity as between these in terms of the breadth and depth of their coverage of topics. In the socio-legal tradition, the book also explores through interviews with clergy and others, at half of the cathedrals, how laws are experienced in practice. These reveal that whilst much of the law is perceived as working well, there are equally key areas of concern. To this end, the book proposes areas for further research and debate with a view to possible reform. Taking an architectural feature of cathedrals as the starting point for each chapter, from cathedral governance through mission, ministry, music and education to cathedral property, what emerges is that law and architecture have a symbiotic relationship so that a cathedral is itself a form of juristecture.

The canon law literature of the period after the Decretals of pope Gregory IX (1234) has not been investigated systematically since vol. II of the renowned manual by J. F. von Schulte (1877). The 18 papers collected in this book, originally published between 1971 and 2005, scattered in many specialized periodicals, cover a wide range of canon law texts, including prominent authors as Innocent IV, Hostiensis, Duranti. They are all drawing from a fresh assessment of the manuscript tradition and a critical review of relevant scholarship. The reprinted articles are supplemented by substantial additions and completed by a series of new Exkursus. The presentation of abundant manuscript materials makes up for a sort of reference book, which will be indispensable for any further research in the canon law tradition of the 13th and 14th centuries.

Winner of two 1990 Christianity Today Awards: Readers' Choice (1st place; theology doctrine) and Critics' Choice (1st place; theology doctrine). A 1989 ECPA Gold Medallion Award winner How did the books of the Bible come to be recognized as Holy Scripture? Who decided what shape the canon should take? What criteria influenced these decisions? After nearly nineteen centuries the canon of Scripture remains an issue of debate. Protestants, Catholics, and Orthodox all have slightly differing collections of documents in their Bibles. Martin Luther, one of the early leaders of the Protestant Reformation, questioned the inclusion of the book of James in the canon. And many Christians today, while confessing the authority of all of Scripture, tend to rely on only a few books and particular themes while ignoring the rest. Scholars have raised many other questions as well. Research into second-century Gnostic texts have led some to argue that politics played a significant role in the formation of the Christian canon. Assessing the influence of ancient communities and a variety of disputes on the final shaping of the canon call for ongoing study. In this significant historical study, F. F. Bruce brings the wisdom of a lifetime of reflection and biblical interpretation to bear on questions and confusion surrounding the Christian canon of Scripture. Adept in both Old and New Testament studies, he brings a rare comprehensive perspective to the task. Though some issues have shifted since the initial publication of this classic book, it remains a significant landmark and touchstone for further studies.