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 fellow of the Alexander von Humboldt Foundation.

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.

Christian Law: Contemporary Principles offers a detailed comparison of the laws of churches across ten distinct Christian traditions worldwide: Catholic, Orthodox, Anglican, Lutheran, Methodist, Reformed, Presbyterian, United, Congregational and Baptist. From this comparison, Professor Doe proposes that all denominations of the faith share common principles in spite of their doctrinal divisions; and that these principles reveal a concept of 'Christian law' and contribute to a theological understanding of global Christian identity. Adopting a unique interdisciplinary approach, the book provides comprehensive coverage on the sources and purposes of church law, the faithful (lay and ordained), the institutions of church governance, discipline and dispute resolution, doctrine and worship, the rites of passage, ecumenism, property and finance, as well as church, State and society. This is an invaluable resource for lawyers and theologians who are engaged in ecumenical and interfaith dialogue, showing how dogmas may divide but laws link Christians across traditions.

Ivo of Chartres was one of the most learned scholars of his time, a powerful bishop and a major figure in the so-called 'Investiture Contest'. Christof Rolker here offers a major new study of Ivo, his works and the role he played in the intellectual, religious and political culture of medieval Europe around 1100 AD. Comparing Ivo's extensive correspondence to the contemporary canon law collections attributed to him, Dr Rolker provides a new interpretation of their authorship. Contrary to current assumptions, he reveals that Ivo did not compile the Panormia, showing that its compiler worked in a distinctly different mental framework from Ivo. These findings call for a reassessment of the relationship between Church reform and scholasticism and shed new light on Ivo as both a scholar and bishop.

Christian Law: Contemporary Principles offers a detailed comparison of the laws of churches across ten distinct Christian traditions worldwide: Catholic, Orthodox, Anglican, Lutheran, Methodist, Reformed, Presbyterian, United, Congregational and Baptist. From this comparison, Professor Doe proposes that all denominations of the faith share common principles in spite of their doctrinal divisions; and that these principles reveal a concept of 'Christian law' and contribute to a theological understanding of global Christian identity. Adopting a unique interdisciplinary approach, the book provides comprehensive coverage on the sources and purposes of church law, the faithful (lay and ordained), the institutions of church governance, discipline and dispute resolution, doctrine and worship, the rites of passage, ecumenism, property and finance, as well as church, State and society. This is an invaluable resource for lawyers and theologians who are engaged in ecumenical and interfaith dialogue, showing how dogmas may divide but laws link Christians across traditions.

Ivo of Chartres was one of the most learned scholars of his time, a powerful bishop and a major figure in the so-called 'Investiture Contest'. Christof Rolker here offers a major new study of Ivo, his works and the role he played in the intellectual, religious and political culture of medieval Europe around 1100 AD. Comparing Ivo s extensive correspondence to the contemporary canon law collections attributed to him, Dr Rolker provides a new interpretation of their authorship. Contrary to current assumptions, he reveals that Ivo did not compile the Panormia, showing that its compiler worked in a distinctly different mental framework from Ivo. These findings call for a reassessment of the relationship between Church reform and scholasticism and shed new light on Ivo as both a scholar and bishop.

Dr Marchant has produced a systematic account of Church courts as they were re-moulded to serve the Protestant Church in England after the Elizabethan Settlement, and at a time when they were still one of the principal responsibilities of bishops and archdeacons. Responding to the challenge of the times, these courts displayed a vitality and adaptability which has often been unrecognized. This study is based on a detailed account of the courts in the diocese of York, but the author measures the individuality of the northern courts by constant reference to the typical southern diocese of Norwich. There is a full description of the lawyers and the ecclesiastical 'civil service', the amount and nature of the business transacted by the courts, the internal administration of the Church and the sources of its administrative law.

Religion, Law, and the Present Water Crisis documents current and impending global water shortages and opposes policies of commodification and privatization of water ownership by multinational water corporations. On the basis of the religions of the world, Richard A. Hughes appeals to pure, running water as a symbol of the sacred. Furthermore, he argues that all bodies of freshwater are commons and that they should be protected by the public trust doctrine. In addition, he contends that there is a right to water and that this right is independent, free-standing, and the prerequisite of other human rights, applying to all states and occupied territories. The increasing acidification of the oceans makes it mandatory to protect them under the reserved water right doctrine and to designate them as "national parks" of the seas. More generally, this book presents a synthesis of water studies and encompasses the religions of the world, theologies of baptism, American water law doctrines, public trust doctrine with special attention to Islamic water law, and international water law treaties. Clean water is a necessity of life. Therefore, it is compelling to recognize the urgency of water scarcity and the need to guarantee the purity of and accessibility to water for all people.

This book offers perspectives on the legal and intellectual developments of the twelfth century. Gratian's collection of Church law, the Decretum, was a key text in these developments. Compiled in around 1140, it remained a fundamental work throughout and beyond the Middle Ages. Until now, the many mysteries surrounding the creation of the Decretum have remained unsolved, thereby hampering exploration of the jurisprudential renaissance of the twelfth century. Professor Winroth has now discovered the original version of the Decretum, which has long lain unnoticed among medieval manuscripts, in a version about half as long as the final text. It is also different from the final version in many respects - for example, with regard to the use of of Roman law sources - enabling a reconsideration of the resurgence of law in the twelfth century.

Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Mussig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the 'rule of law' in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of 'fair' and 'legal' with that of 'legal' and 'rational.' This legal determinability of the judge's fair attitude amounts to the specific (rational) European idea of justice.

It is a medieval truism that the poet meddles with words, the lawyer with the world. But are the poet's words and the lawyer's world really so far apart? To what extent does the art of making poems share in the craft of making laws, and vice versa? Framed by such questions, Piers Plowman and the Reinvention of Church Law in the Late Middle Ages examines the mutually productive interaction between literary and legal "makyngs" in England's great Middle English poem by William Langland. Focusing on Piers Plowman's preoccupation with wrongdoing in the B and C versions, Arvind Thomas examines the versions' representations of trials, confessions, restitutions, penalties, and pardons. Thomas explores how the "literary" informs and transforms the "legal" until they finally cannot be separated. Thomas shows how the poem's narrative voice, metaphor, syntax and style not only reflect but also act upon properties of canon law, such as penitential procedures and authoritative maxims. Langland's mobilization of juridical concepts, Thomas insists, not only engenders a poetics informed by canonist thought but also expresses an alternative vision of canon law from that proposed by medieval jurists and today's medievalists.

First full-length study and edition of the acts of the Court of Arches, the most important medieval English ecclesiastical court. The appellate court of the archbishop of Canterbury as metropolitan of the province of Canterbury [covering all of England south of the Humber and all of Wales] was the most important ecclesiastical court in medieval England; it sat in the church of St Mary le Bow in London, from whose Latin name [de arcubus] it took its popular name, the Court of Arches. This volume offers the first full-length study of the Court. The introduction traces its history from its first appearance in the records of the mid- thirteenth century to 1533, when the Statute in Restraint of Appeals altered its constitution, and describes how cases proceeded in the court from initial appeal to final disposition. It is followed by an edition of the essential texts governing the court - its statutes and its customs - as well as editions of treatises about the court's procedure, which were written by practitioners in the Arches. A list of the court's personnel, including proctors and advocates, and a discussion of the court's calendar complete the volume.

Adultery, fornication, breach of marriage contract, sexual slander - these, along with religious offences of various kinds, were typical of the cases dealt with by the ecclesiastical courts in Elizabethan and early Stuart England. What was it like to live in a society in which personal morality was regulated by law in this fashion? How far-reaching was such surveillance in actual practice? How did ordinary people view the courts - as useful institutions upholding accepted standards, or as an alien system purveying unwanted values? How effective were the church courts in influencing attitudes and behaviour? Previous assessments of ecclesiastical justice, coloured by contemporary puritan and common law criticisms, have mostly been unfavourable. This in-depth, richly documented study of the sex and marriage business dealt with under church law, based on the records of the courts in Wiltshire, Cambridgeshire, Leicestershire and West Sussex in the period 1570-1640, presents a more balanced and more positive view.

Liturgy is concerned with the worship of God. Yet in spite of that - some might say because of that - it is necessary to have rules. It is sometimes mistakenly thought that these rules are archaic and therefore irrevelant; in fact the rules and their interpretation have changed considerably in recent years, so much so that there is now widespread concern among the clergy and church administrators about the degree to which Liturgical Law is being correctly understood and applied. This book has a straight forward aim which is to describe and analyse a wide range of Ecclesiastical Law topics which are scarcely dealt with in other books on Church Law and Ecclesiastical Law. As such it provides not merely a statement of legal principles but also a discussion in-depth of the relevant law and its developments. The style is precise and easy to read. The authorities and foot-notes are comprehensive. Arguably it presents the most comprehensive coverage of Ecclesiastical Law published in modern times.

This thesis presented to the University of Munich uses early theological, legal and political writings by Hugo Grotius to determine his political position and the argumentative strategies he deployed in the Arminianic controversy and the political conflicts at the beginning of the 17th century. Particular value is attached to a reading of Grotiusa (TM) statements in the context of contemporary politics. As a Christian humanist, he moderated the various points at issue and appealed to the warring factions to exercise tolerance and seek reconciliation.

In This Volume dedicated to medieval canon law expert Kenneth Pennington, leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition. The stellar cast assembled by editors Wolfgang P. Muller and Mary E. Sommar includes younger scholars as well as long-established specialists in the field. Muller's introduction provides the first comprehensive survey of investigative trends in the field in more than twenty years. Subdivided into four topical categories, the essays cover the entire range of the history of medieval canon law from the sixth to the sixteenth century. The first section concentrates on the canonical tradition before the advent of academic legal studies in the twelfth century. The second addresses the formation of canonistic theory. The third and fourth sections consider the intellectual exchanges between canon law and other fields of study, as well as the practical application of canons in day-to-day court proceedings. Though the twenty-seven essays included in this volume are quite diverse, taken together they provide an outstanding overview of the latest research and cutting-edge scholarship on the topic. Kenneth Pennington is Kelly-Quinn Professor of Ecclesiastical and Legal History at the Catholic University of America. He is the author of numerous works including Pope and Bishops: The Papal Monarchy in the Twelfth and Thirteenth Centuries and The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition, and is coeditor of the CUA Press series, History of Medieval Canon Law.

An exploration of the thirteenth-century law code known as Siete Partidas Conceived and promulgated by Alfonso X, King of Castile and Leon (r. 1252-1282), and created by a workshop of lawyers, legal scholars, and others, the set of books known as the Siete Partidas is both a work of legal theory and a legislative document designed to offer practical guidelines for the rendering of legal decisions and the management of good governance. Yet for all its practical reach, which extended over centuries and as far as the Spanish New World, it is an unusual text, argues Jesus R. Velasco, one that introduces canon and ecclesiastical law in the vernacular for explicitly secular purposes, that embraces intellectual disciplines and fictional techniques that normally lie outside legal science, and that cultivates rather than shuns perplexity. In Dead Voice, Velasco analyzes the process of the Siete Partidas's codification and the ways in which different cultural, religious, and legal traditions that existed on the Iberian Peninsula during the Middle Ages were combined in its innovative construction. In particular, he pays special attention to the concept of "dead voice," the art of writing the law in the vernacular of its clients as well as in the language of legal professionals. He offers an integrated reading of the Siete Partidas, exploring such matters as the production, transmission, and control of the material text; the collaboration between sovereignty and jurisdiction to define the environment where law applies; a rare legislation of friendship; and the use of legislation to characterize the people as "the soul of the kingdom," endowed with the responsibility of judging the stability of the political space. Presenting case studies beyond the Siete Partidas that demonstrate the incorporation of philosophical and fictional elements in the construction of law, Velasco reveals the legal processes that configured novel definitions of a subject and a people.

Christopher Stephens focuses on canon law as the starting point for a new interpretation of divisions between East and West in the Church after the death of Constantine the Great. He challenges the common assumption that bishops split between 'Nicenes' and 'non-Nicenes', 'Arians' or 'Eusebians'. Instead, he argues that questions of doctrine took second place to disputes about the status of individual bishops and broader issues of the role of ecclesiastical councils, the nature of episcopal authority, and in particular the supremacy of the bishop of Rome. Canon law allows the author to offer a fresh understanding of the purposes of councils in the East after 337 particularly the famed Dedication Council of 341 and the western meeting of the council of Serdica and the canon law written there, which elevated the bishop of Rome to an authority above all other bishops. Investigating the laws they wrote, the author describes the power struggles taking place in the years following 337 as bishops sought to elevate their status and grasp the opportunity for the absolute form of leadership Constantine had embodied. Combining a close study of the laws and events of this period with broader reflections on the nature of power and authority in the Church and the increasingly important role of canon law, the book offers a fresh narrative of one of the most significant periods in the development of the Church as an institution and of the bishop as a leader.