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1
D'Auria, Eithne. "Alienation of Temporal Goods in Roman Catholic Canon Law: A Potential for Conflict." Ecclesiastical Law Journal 12, no. 1 (January 2010): 33–52. http://dx.doi.org/10.1017/s0956618x09990378.
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Alienation of church property is governed by both canon law and civil law, which may give rise to conflict. This paper addresses issues surrounding the Roman Catholic canonical requirements for alienation including the need to consult experts. Failure to consult, itself may give rise to concerns over the validity of the diocesan bishop's permission to alienate and, in turn, the lawfulness of the sale. This is not merely academic. Churches in the United States find themselves in the position where ownership of temporal goods is of increasing interest to the civil courts in the pursuit of compensation for successful litigants in the current wave of abuse cases.
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Włodarski, Łukasz. "Urzędnicy dworscy biskupa płockiego Andrzeja herbu Ciołek (1254-1261). Przyczynek do badań nad dworami biskupimi w średniowiecznej Polsce." Archiwa, Biblioteki i Muzea Kościelne 2018, no. 110 (2018): 457–63. http://dx.doi.org/10.31743/abmk.2018.110.24.
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Doerfler, Maria E. "The Holy Man in the Courts of Rome." Studies in Late Antiquity 3, no. 2 (2019): 192–211. http://dx.doi.org/10.1525/sla.2019.3.2.192.
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Scholars of Late Antiquity have long recognized that bishops played an influential role in the formation and execution of Roman law. Such was the case even in the Syrian realm, traditionally considered the exotic hinterland of the Roman Empire. Fifth- and sixth-century sources, such as the Syro-Roman Lawbook, early exemplars of canon legislation, and homilies and hagiographic narratives, point to a considerable preoccupation with matters of law and justice for Syrian clergy. This article examines a particularly well-attested slice of this data surrounding Rabbula, the fifth-century bishop of Edessa. Rabbula's background in imperial administration and his post-conversion pursuit of asceticism make him in many ways the prototypical late ancient bishop, combining monastic charisma with civic acumen. A collection of rules for clergy and ascetics attributed to him focuses closely upon priests' and bishops' function in the Roman legal system, their collaboration with Roman magistrates, and the ways in which clerical judicial processes reflected and sought to distinguish themselves from their magisterial analogues. Drawing upon the evidence of the Rules and roughly contemporaneous texts addressing legal practice in Edessa suggests that, Syria's reputation as sui generis notwithstanding, in their judicial capacity Syrian clergy bore striking resemblances to their Western counterparts.
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Forster, Peter. "The Significance of the declaration of assent." Ecclesiastical Law Journal 8, no. 37 (July 2005): 162–72. http://dx.doi.org/10.1017/s0956618x00006220.
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The Bishop of Chester chaired the working party which produced the report Clergy Discipline (Doctrine). The report's recommendation that a draft Measure be introduced into General Synod, based upon the working party's proposals, was narrowly defeated in the House of Clergy in the General Synod in July 2004. The House of Bishops has subsequently resolved to return in due course to the matter, with a view to introducing revised proposals. At the heart of any process will be the interpretation of the current Declaration of Assent. The Bishop's address on this subject delivered at the 2004 Ecclesiastical Law Society Day Conference (before the Synod's rejection of the immediate proposals) is here reproduced, with minor modifications. The paper explores the primacy of Holy Scripture in the determination of the doctrine of the Church, as expressed in the Declaration of Assent and the Church of England (Worship and Doctrine) Measure 1974. Possible recourse to formal doctrinal discipline is considered in this context, in relation both to the current Ecclesiastical Jurisdiction Measure 1963 and any proposed revision. The nature of the judgment which a court or tribunal would need to make in relation to an issue of doctrine is then assessed. This leads to the conclusion that while an up-to-date procedure for such cases is required, they are likely to continue to be at least infrequent, and quite possibly, as in the twentieth century, non-existent.
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COX, DAVID. "St Oswald of Worcester at Evesham Abbey: Cult and Concealment." Journal of Ecclesiastical History 53, no. 2 (April 2002): 269–85. http://dx.doi.org/10.1017/s0022046901001518.
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In the twelfth or thirteenth century the monks of Evesham Abbey, an ancient Benedictine foundation in Worcester diocese, seem to have altered their domestic chronicle so as to conceal the decisive role of Oswald, bishop of Worcester, in the tenth-century reform of their house; after c. 1100 the abbey was anxious to suppress evidence of Evesham's early dependence on the church of Worcester lest the post-Conquest bishops should use it in the papal courts to refute Evesham's current case for exemption. Privately, however, the monks continued to honour St Oswald and their relic of his arm; he had become a political embarrassment, but in heaven he remained their spiritual friend.
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Gratsianskiy, Mikhail V. "“Mercy of the prince has confirmed Boniface as bishop of the city of Rome”: Emperor Honorius and the Legitimacy Crisis in the Church of Rome in 419." Izvestia of the Ural federal university. Series 2. Humanities and Arts 23, no. 2 (2021): 9–26. http://dx.doi.org/10.15826/izv2.2021.23.2.022.
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This article examines the circumstances behind Boniface I’s ascension (418–422) to the See of Rome which was accompanied by rivalry between two candidates. Since his rival Eulalius had been initially approved as a legitimate bishop by Emperor Honorius (395–423), Boniface had to go through a complicated procedure of legitimation, whose decisive factor was the position of the emperor. The article examines the role of institutional factors in the legitimisation of church authority, in this case in relation to the See of Rome. By institutional factors the author means, first of all, state power represented by its regional and central authorities and the community of bishops united by the principle of conciliar functioning. The article examines the approaches of the imperial power to resolving the crisis of legitimacy of the Roman bishop. Based on the presentation of source data, it is demonstrated that Emperor Honorius intended to resolve the crisis through a deliberation by a council that was to include representatives of both prefectures of the Western Roman Empire. Despite his initial intention, the emperor was forced to resolve the crisis on his own and Boniface was confirmed as bishop of Rome by his personal decision. The author of the article draws a conclusion that the decisive role in the sphere of church administration belonged to the emperor and that the Roman bishop did not have an exceptional position among the bishops of the Western Roman Empire: the affairs of the See of Rome could be transferred by order of the emperor to the court of Western bishops, and the right of the final decision belonged to the emperor himself. Thus, the latter used the conciliar principle of administrating the church as a possible instrument for resolving internal church conflicts, but he also reserved the right of taking his own independent decisions in the ecclesial sphere, and the See of Rome was not an exception.
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DUNN, GEOFFREY D. "The Church of Rome as a Court of Appeal in the Early Fifth Century: The Evidence of Innocent I and the Illyrian Churches." Journal of Ecclesiastical History 64, no. 4 (September 9, 2013): 679–99. http://dx.doi.org/10.1017/s0022046913001528.
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In the early years of the fifth century a significant step in the development of the Roman Church's claim to a universal jurisdiction was taken as it clarified its relationship with the Churches of Eastern Illyricum. Among the letters of Innocenti, bishop of Rome from 402 to 417, there are a half dozen addressed to the churches within that prefecture, politically now in the East but ecclesiastically still looking to Rome. Yet the authority exercised by the Roman bishop was not all-encompassing, being restricted primarily to judicial matters. This article considers Innocent'sepistulaxviii, written to a group of Macedonian bishops, headed by Rufus, bishop of Thessaloniki, Innocent's vicar, in which Rome acts as a court of appeal in the matter of Bubalius and Taurian. What is fascinating is the role that forgery played in the appeal process. It is argued that the evidence should be considered in its own historical context and not in the light of later ecclesiological understandings.
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McHardy, Alison K. "Kings’ Courts and Bishops’ Administrations in Fourteenth-Century England: A Study in Cooperation." Studies in Church History 56 (May 15, 2020): 152–64. http://dx.doi.org/10.1017/stc.2019.9.
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Behind the rhetoric and theory of crown-church conflict there was much cooperation in the everyday world, where practice and pragmatism often overrode legal and theoretical rules. This article examines the ways in which fourteenth-century English bishops and their clerks responded to the demands made of them by the royal courts. Bishops were bombarded with commands from the crown, with a resulting impact on diocesan records. The crown sought historic information about finance and rights, and commanded bishops to collect clerics’ debts and to enforce their attendance before the lay courts in both civil and criminal cases. Enquiries about the current status of individuals, whether professed in religious orders or legitimate, made considerable work for bishops. How enthusiastically and efficiently these orders were carried out is also evaluated and discussed.
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McDonald, Peter. "Bishop Bateman and Bury St Edmunds: The Two Laws Clash*." English Historical Review 135, no. 572 (February 2020): 1–28. http://dx.doi.org/10.1093/ehr/ceaa007.
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Abstract Bishop Bateman’s assertion of his authority over the exempt abbey of Bury St Edmunds in 1345 brought him into conflict with a house closely linked to both papacy and Crown, and came at a time of Anglo-papal tensions. Bateman was no anti-papalist but, as a legal rigorist, wanted to satisfy himself about Bury’s claims to exemption and restrain its monks’ extra-mural misbehaviour. He had some basis for this in canon law, but the ensuing lawsuit at the papal curia seemed to be going against him until swept aside by a writ of prohibition. The monastery looked to the Crown as its chief protector, and the English courts asserted royal rights aggressively. They found Bateman and his commissaries in contempt for breaching the prohibition and for asserting that only the pope could confer exemption; the abbey’s papal privileges were only confirmations of royal charters. They confiscated Bateman’s temporalities and imposed massive fines, and the pope was powerless to intervene. This amounted to a repudiation of 250 years of canon law, harking back to the eleventh-century Eigenkirche. But Edward III needed Bateman as a diplomat, and imposed a compromise under which both sides withdrew their suits and he pardoned the bishop. As Anglo-papal relations settled after 1350, the Crown let canon law stand and did not enforce the doctrines developed in this case. Edward was content with bringing his bishops to heel, and the two systems resumed their normal co-operation. Still, the courts had set a new precedent for royal control.
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Brage Camazano, Joaquín. "La no renovación de contrato a los profesores de religión en las escuelas públicas por falta de idoneidad canónica : autonomía de las Iglesias y aconfesionalidad del Estado vs. derechos fundamentales del trabajador : comentario a las SSTC 38/2007 y 128/2007)." Teoría y Realidad Constitucional, no. 20 (July 1, 2007): 633. http://dx.doi.org/10.5944/trc.20.2007.6775.
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In this work, the author comments critically a recent case-law of the Constitutional Court about the cases in that the Administration doesn’t renew the yearly contract to a teacher of Catholic religion in public schools because the Bishop didn’t nominate him for that academic year because he failed to consider him a suitable teacher of religion, in part even on the basis of aspects related to his private life. In the Decision 38 of 2007, the Constitutional Court analyzes in abstract the compatibility with the Constitution of the Concordat which allows that «non renewall» of contract and it considers that this is in accordance with the Constitution but the Court lays down the demands that derive of the fundamental rights of the teacher and which should be kept in mind by the judges when enforcing this regulation to the concrete cases. In the Decision 128/2007, the Courth itself reviews a first concrete case of application of this doctrine. The Court gives great deference to the religious opinion of the Bishop when the «non renewal» is based on religious motivations in order to respect the collective freedom of religion.
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Sztychmiler, Ryszard. "Praca i honoraria adwokatów kościelnych." Ius Matrimoniale 31, no. 2 (December 15, 2020): 65–89. http://dx.doi.org/10.21697/im.2020.31.2.04.
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The work of ecclesiastical advocates depends on themselves, but also on certain working conditions in the ecclesiastical courts, shaped by diocesan bishops, judical vicars and all court staff. In the analysis of certain aspects of the work and remuneration of ecclesiastical advocates, I have distinguished issues on which solutions and proposals are unanimously accepted by the authors, then proposals that are unjustified or inconsistent with the facts, and finally I have drawn attention to debatable proposals.
In the first part of the article, among the issues similarly assessed by both authors, I addressed the following issues: the importance of good cooperation between judges and advocates, court fees, the benefits of advocate's participation in proceedings and advocate's tasks. In the second part, in the face of some of Dr. Gałązka's misjudgements and unjustified proposals, I presented my separate opinions on various aspects concerning court fees, the need for advocates, the level of their work, further training of advocates and judges, advocate’s working time and their remuneration. In the third part, I presented some issues that should be elaborated upon in further discussions. These include, inter alia, certain aspects of court fees, their exemption or reduction, the nature and conditions of a advotace’s service and his/her participation in interrogations.
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Carter, Andrew. "The Episcopal Church, the Roman Empire and the Royal Supremacy in Restoration Scotland." Studies in Church History 54 (May 14, 2018): 176–89. http://dx.doi.org/10.1017/stc.2017.11.
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The churchmen who adhered to the established Church in Scotland during the years from 1661 to 1689, the last period in which it had bishops, have been overlooked by historians in favour of laymen and presbyterian dissenters. This article breaks new ground by examining the episcopalian clergy's attitude to the royal supremacy. To do so, it explores how Scottish episcopalians used the early Church under the Roman empire to illustrate their ideal relationship between Church and monarch. Three phases are evident in their approach. First, it was argued that conformists were, like early Christians, living in proper obedience, while presbyterians were seeking to create a separate jurisdiction in conflict with the king's. Later, Bishop Andrew Honeyman of Orkney tried to put some limitations on the royal supremacy over the Church, arguing that church courts had an independent power of discipline. This became politically unacceptable after the 1669 Act of Supremacy gave the king complete power over the Church, and, in the final phase, the history of the early Church was used to undermine the power of the church courts. The Church under the Roman empire, much like the royal supremacy itself, changed from an instrument to encourage conformity to a means of delegitimizing any clerical opposition to royal policy.
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Collins, Jeffrey R. "The Restoration Bishops and the Royal Supremacy." Church History 68, no. 3 (September 1999): 549–80. http://dx.doi.org/10.2307/3170038.
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Among the defining traits of Restoration politics was a degree of hostility between the royal court and the English episcopate unprecedented since the Reformation. A long pattern of cooperation between the king and bishops was broken after 1660. The issues of religious toleration and of Charles II's Catholic sympathies particularly divided church and court, and at times rendered them overt political opponents. Significant study has been made of the policy disagreements beneath these battles, and of the political maneuverings that resolved them. Less attention has been given the ideas and attitudes that divided the Restoration court and church leadership. This article will argue that certain intellectual shifts were required before the policy disagreements that divided Charles II's court and the bishops could emerge as open political fights.
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Sheils, W. J. "‘The Right of the Church’; the Clergy, Tithe, and the Courts at York, 1540–1640." Studies in Church History 24 (1987): 231–55. http://dx.doi.org/10.1017/s0424208400008366.
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ACertificate From Northamptonshire, published anonymously in 1641, proclaimed that the current attacks being made on the bishops had a secret purpose behind them: the abolition of the requirement to pay tithe, whether to cleric or layman. ‘If the bishops and their courts were overthrown’, so the author claimed, the people would be freed from paying tithes, ‘which is the secret thing which our common free holders and grand jury-men do so much aim at’. The writer’s claims concerning the motives which led men to demand the abolition of episcopacy may have had some truth in them, but he was to be proved wrong about the consequences of such abolition; as, indeed, a better informed observer pondering the extent of lay involvement in the ownership of tithes might have been able to predict. Despite several close calls and a variety of imaginative proposals for abolition or reform, tithes remained and survived the demise of bishops, deans, and ecclesiastical courts, standing alongside glebe as one of the twin pillars of the maintenance of the parochial ministry.
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Tate, John William. "Hohepa Wi Neera: Native Title and the Privy Council Challenge." Victoria University of Wellington Law Review 35, no. 1 (April 1, 2004): 73. http://dx.doi.org/10.26686/vuwlr.v35i1.5635.
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The case of Hohepa Wi Neera illustrates an unprecedented clash of judicial approaches to native title claims. On the one hand, the New Zealand Court of Appeal was determined to continue the line of reasoning most notably enshrined in Wi Parata v Bishop of Wellington. On the other hand, the Privy Council, in Nireaha Tamaki v Baker had partially overturned Wi Parata by insisting that native title fell within the jurisdiction of the courts, at least when prerogative powers were not involved. The author argues that in Hohepa Wi Neera, the Court of Appeal quite deliberately tried to avoid the implications of the Privy Council's decision. In doing so, it exhibited a marked "colonial consciousness" which it was prepared to defend even to the extent of open breach with the Privy Council. The 1912 case of Tamihana Korokai v Solicitor-General, however, showed the extent to which the Court of Appeal was capable of shedding that "colonial consciousness" and embracing the earlier Privy Council ruling. The author demonstrates that this apparent irony sheds light on our understanding of the earlier cases.
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Bralewski, Sławomir. "Empress Eudoxia in the Light of the 5th-Century Ecclesiastical Histories." Vox Patrum 75 (September 15, 2020): 43–66. http://dx.doi.org/10.31743/vp.4953.
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In the dispute between John Chrysostom, Bishop of Constantinople, and the imperial court the main role is generally attributed to Empress Eudoxia, who was blamed for causing his exile. How did the authors of Ecclesiastical histories, writing in the first half of the 5th century, perceive this empress? The first of them, Philostorgius, clearly suggested that although initially the status of Eudoxia at the imperial court was not strong because of her barbaric origin, the empress - wielding her femininity as a powerful weapon—not only managed to defend herself but also strengthened her position in the courtly environment by plunging her opponents into utter powerlessness. As for Theodoret, this historian refused to disclose the names of those guilty of John Chrysostom’s fate. He also did not attribute intentional guilt to the imperial couple, considering that their guilt was unintentional. He suggested, however, that Eudoxia's influence at the imperial court was so great that if she wanted, she could have John return from the exile. In the case of Socrates and Sozomen, both historians, although they differed in their assessment of John Chrysostom, showed a remarkable convergence of views in the case of empress Eudoxia. They both described her with a clear restraint, pointing to her great emotionality, but the responsibility for the conflict with John they blamed mainly on the bishop’s enemies, who set the ruler against him.
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Konarska-Zimnicka, Sylwia. "Why was astrology criticised in the Middle Ages? Contribution to further research (on the basis of selected treaties of professors of the University of Krakow in the 15th century)." Saeculum Christianum 24 (September 10, 2018): 91–99. http://dx.doi.org/10.21697/sc.2017.24.10.
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People have always been interested in distant, mysterious celestial bodies. Astrologers who explored the mysteries of the study of the stars and planets wanted to read them as predictions of future events. Astrological practices were often seen as bordering of magic, whichto a large extent influenced the negative perception of this area of study and its supporters, even though astrologers were employed at the kings’ and bishops’ courts, and even at the papal court. The relationship of astrology with occult sciences, which were regarded as sinful and heretical, led to the situation when its proponents were subject to accusations. Particular attention was paid to the fact that the belief in the influence of heavenly bodies on the events taking place in the sublunary world undermines the foundation of the Christian religion, i.e. the dogma of the free will of man. This and other charges constituted a kind of a “catalogue of allegations” that were made against astrology and astrologers throughout the Middle Ages.
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ROWELL, S. C. "MEILUŽĖ IR RAGANA: KOTRYNA TELNIČIETĖ IR „JUODASIS“ JOS MITAS / CONCUBINE AND ENCHANTRESS: KATARZYNA TELNICZANKA AND HER BLACK MYTHSUMMARY." Lietuvos istorijos metraštis 2019/2 (November 19, 2019): 41–64. http://dx.doi.org/10.33918/25386549-201902002.
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CONCUBINE AND ENCHANTRESS: KATARZYNA TELNICZANKA AND HER BLACK MYTH Summary S.C. R O W E L L Katarzyna Hochstadt of Telnicz (ca 1480–1528), mistress of Sigismund the Old, mother of John of the Lithuanian Dukes, bishop of Vilnius (1519–36) and Poznań (1536–38) has come down in history as an enchanting beauty or a witch, or both. Her image is defined by her relationship with powerful men – her lover, her son, her husband (Andrzej Kościelecki, castellan of Wojnicz and sub–treasurer of the Crown of Poland) and alleged victims (various royal secretaries and high–ranking clerics). This article assesses what little by way of solid evidence is known of her life and how this can be related with the image of man–chasing vamp, interference in the running of the diocese of Vilnius (thereby allegedly provoking the appointment of bishop protectors to the see) and scandal in village and town (according to one seventeenth–century historian). There is evidence that while John of the Lithuanian Dukes was still a minor and enjoyed the rank of provost of Płock and Poznań and canon of Kraków the property associated with his office was overseen by his step–father and perhaps by his mother. After John became bishop of Vilnius, Her Magnificence the Bishop‘s Mother, the Lady Dowager Castellan of Wojnicz and Sub–Treasurer of the Crown of Poland resided for some time at her son‘s court in Vilnius and on at least two occasions exercised her maternal influence to facilitate access to the bishop for canons (Stanislaw Dambrowka, Martin of Dusniki and Albert Wielezinski) involved in a dispute with their brother canon and scholast Jakub Staszkowski. The detailed discussion of internal cathedral disputes in the presence of a lay person, and even worse, a woman, scandalised members of the Cathedral Chapter but there is no evidence that Lady Katarzyna sought to determine the outcome of this case. We also know that she patronised at least one noblewoman (the widowed sister–in–law of Bishop Albert Tabor) who subsequently adopted Bishop John as her son and heir and made financial endowments on both the bishop and his mother. After Katarzyna died in Vilnius in the late summer of 1528 her corpse was transported to Kraków for burial by a Vilnius canon, Erasmus Eustachii, whose family had connections with Andrzej Kościelecki and Bishop John of Vilnius. The satirical verse penned by Andrzej Krzycki concerning a mother–stepmother and father–stepfather (Katarzyna and King Sigismund) and „an old hag who stinks like a goat“ represents neo–Latin literary exercises provoked by fear of the influence at the royal court of Katarzyna and her family rather than an accurate and literal description of Katarzyna and her activities.
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Wojtczak, Marzena. "Audientia sacerdotalis?—Remarks on the Legal Nature of Dispute Resolution by Ecclesiastics in Late Antiquity." Zeitschrift für Antikes Christentum / Journal of Ancient Christianity 25, no. 1 (July 1, 2021): 108–49. http://dx.doi.org/10.1515/zac-2021-0016.
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Abstract The problem of audientia episcopalis in late antiquity has been the subject of extensive research in the past. Previous studies have usually focussed on the legal doctrine, as well as the picture of bishop courts in the light of the literary sources. In contrast, the question of how audientia episcopalis functioned in the legal practice as shown by papyri has caused scholars much difficulty, due to the limited material available as well as the obscure nature of the institution. One could therefore ask: how is it possible that such allegedly common practice of dispute resolution by the bishops—as literary sources make us believe—is so elusive in the papyri? How to explain the simultaneous increase for that period of the papyrological attestations regarding arbitration/mediation carried out by the clergy of lower rank? Could we be dealing with some sort of audientia sacerdotalis functioning in the legal practice? How widespread was in fact the audientia episcopalis, and was this institution homogeneous or rather heterogeneous in nature? The paper presents the attempt to answer these questions by confronting the imperial law with the evidence of legal practice.
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Forrest, Ian. "Trust and Doubt: The Late Medieval Bishop and Local Knowledge." Studies in Church History 52 (June 2016): 164–85. http://dx.doi.org/10.1017/stc.2015.10.
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In governing their dioceses late medieval bishops faced significant epistemological challenges: how was it possible to determine the truth in disputes over local customs, patronage, the conduct of divine service and the provision of pastoral care? All such problems demanded an adjudication between competing stories about rights, history and usage, and while canon law provided a framework of principles, it did not provide the answers bishops needed. Increasingly from the thirteenth century the answers came from panels of local ‘trustworthy men’. Bishops had to trust – to have ‘faith’ or belief in – informants who were often peasants. In the church courts and before visitation tribunals lay litigants, witnesses and parish representatives also used the language of faith and belief to characterize their knowledge of events and people: they had faith in their own perceptions. The role of faith in the knowledge that bishops and lay people claimed to have of the material and social world had much in common with the faith that brought Christians closer to having knowledge of God, but there were also important differences in the operation of faith in these three contexts. This essay describes and compares the epistemologies of late medieval bishops, lay people and theologians, paying particular attention to the relationship between trust and doubt in each instance.
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Stutz, D. Dudley. "Papal Legates against the Albigensians: The Debts of the Church of Valence (1215–1250)." Traditio 68 (2013): 259–76. http://dx.doi.org/10.1017/s0362152900001677.
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In 1232 Pope Gregory IX (r. 1227–41) imposed a tenth of episcopal revenues on prelates of Occitania to subsidize the church of Valence, which owed 10,000 poundstournoisto various bankers of Vienne, Rome, Lyons, and Siena. In 1865 B. Hauréau first noted the event when he edited one of the main documents in theGallia christianavolume concerning the ecclesiastical province of Vienne. With the publication of Gregory IX's register from 1890–1908 most of the facts of the tax were more widely available. In 1910 Ulysse Chevalier briefly mentioned the tax in his monograph on the long tenure of John of Bernin, archbishop of Vienne (r. 1218–66). In 1913, Heinrich Zimmermann cited Hauréau's text in a note in his detailed treatment of early thirteenth-century papal legations. Recently Alain Marchandisse reviewed eight of the eleven papal letters pertaining to the tax in his study of William of Savoy (d. 1239) as bishop-elect of Liège. These scholars provided no reason for the debt or why the papacy would take such measures to ensure payment. Perhaps they did not study this tax further because a church indebted to moneylenders is not in itself surprising. It appears that the church of Valence acquired the debt, very large compared to the church's income, when bishop-elect William of Savoy (r. 1225–39) waged war against Adhémar II of Poitiers-Valentinois, count of the Valentinois (r. 1189–1239). Struggles between bishops and the local nobility occurred on a regular basis throughout the Middle Ages, so what in this unimportant Rhone-valley diocese interested the pope enough to impose taxes on prelates of Occitania over twenty years to ensure payment of this debt? Adhémar II faithfully supported Raymond VI (r. 1194–1222) and Raymond VII (r. 1222–49) of Saint-Gilles, counts of Toulouse, throughout their struggle with the papacy during and following the Albigensian crusades. Adhémar II was also their vassal for the Diois, which borders the Valentinois on the southeast and comprised the northern portion of the marquisate of Provence. These lands had been reserved for the church in the Treaty of Meaux-Paris (1229), which ended the Albigensian crusades. Thus William of Savoy as bishop-elect of Valence defended the papacy's claims on the marquisate of Provence, which the papacy deemed part of the larger struggle between the Roman church and the counts of Toulouse. The facts on the nature of the debts and the steps the papacy took to aid the diocese show that the local struggle between the bishop of Valence and the count of the Valentinois embodied a part of the larger struggle between the papacy and the counts of Toulouse over the marquisate of Provence, which began as early as 1215.
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Hardman, Elizabeth L. "Regulating interpersonal debt in the bishop's court of Carpentras: litigation, litigators and the court, 1486 and 1487." Journal of Medieval History 40, no. 4 (September 4, 2014): 478–98. http://dx.doi.org/10.1080/03044181.2014.950176.
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Crowley, Ellen M. "In Camera Inspections of Privileged Records in Sexual Assault Trials: Balancing Defendants' Rights and State Interests Under Massachusetts's Bishop Test." American Journal of Law & Medicine 21, no. 1 (1995): 131–64. http://dx.doi.org/10.1017/s0098858800010236.
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A sexual assault trial requires a court to balance evidentiary privileges enacted by a state legislature against a criminal defendant's constitutional trial rights. State legislatures enact various privileges which either limit or prohibit the discovery of confidential communications in criminal trials. Such statutes reflect a firmly based legislative effort to protect citizens’ private and personal confidences from unwarranted public scrutiny. When a defendant charged with sexual assault seeks to compel discovery of the victim's privileged medical, psychiatric, or counseling records, a conflict inevitably arises. States and victims assert that courts must respect statutory assurances of confidentiality; defendants assert that their constitutional right to a fair trial and their right to confront the witnesses and evidence against them mandates disclosure. Resolution of this pressing conflict requires a careful balancing of both the state's and defendant's interests on a case by case basis.
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Tulić, Damir. "Spomenik ninskom biskupu Francescu Grassiju u Chioggi: prilog najranijoj aktivnosti venecijanskog kipara Paola Callala." Ars Adriatica, no. 4 (January 1, 2014): 335. http://dx.doi.org/10.15291/ars.507.
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The oeuvre of the sculptor Paolo Callalo (Venice 1655-1725) is a paradigmatic example of how the oeuvres of seventeenth- and eighteenth-century Venetian sculptors have been expanded, supplemented and revised during the last twenty years. Until Simone Guerriero’s ground-breaking article of 1997, Paolo Callalo was almost completely unknown. In his search for Callalo’s earliest preserved work, Simone Guerriero suggested that Callalo was responsible for the stipes of the altar of St Joseph, featuring the relief of the Flight into Egypt flanked by two putti which are almost free standing, which was made between 1679 and 1685 for San Giovanni Crisostomo at Venice. However, another significant sculpture can now be added to the catalogue of Callalo’s early works: a memorial monument to the Bishop of Nin Francesco Grassi (Chioggia, 3 October 1667 – Zadar, 29 January 1677) which is located on the left presbytery wall in the Cathedral of Santa Maria Assunta at Chioggia. As we learn from its commemorative inscription, the monument was commissioned by Paolo Grassi, the nephew of the deceased who was a prominent member of this aristocratic family from Chioggia. The Grassi (de Grassi) family produced as many as three bishops of Chioggia: Pasquale (1618-1639), Francesco (1639 -1669) and Antonio (1696-1715) who was a brother of Francesco, the Bishop of Nin, and a great-nephew of the first two. The monumental memorial to the Bishop of Nin Francesco Grassi in the presbytery of Chioggia Cathedral consists of a rectangular marble plaque topped with a semi-circular pediment with two reclining putti. Immediately below, two more putti are depicted flying and drawing a curtain in front of an oval niche containing the bishop’s bust, the commemorative inscription and the bishop’s coat of arms set in a wreath. All the elements of this excellent work point to Paolo Callalo’s hand. The bishop’s bust was most probably created posthumously by relying on one of the portraits of the bishop as a source model. It depicts him as having a somewhat square face with a lively mouth opened in a melodramatic way and as having probing eyes with emphasized pupils, all of which characterize Callalo’s sculpting technique. A direct parallel for such a physiognomy can be found in the 1686 sculpture of St Michael in San Michele in Isola at Venice. Two remarkably beautiful and skilfully modelled putti which are drawing the curtain can be connected to the putti on the stipes of the altar of St Joseph in San Giovanni Crisostomo at Venice, but also with a putto on the keystone of a niche on the 1684 altar of St Teresa in the Church of the Scalzi. The richly draped marble curtain being drawn by the two flying putti is an example of Callalo’s thorough knowledge of contemporary sculptural innovations and trends in Venice. He could have seen a similar curtain on the 1677 monument to Giorgio Morosini in San Clemente in Isola at Venice, which belongs to the oeuvre of Giusto Le Court, the most important Venetian sculptor of the second half of the seventeenth century. That Callalo was no stranger to this type of decoration is also demonstrated by one of his later works, now sadly lost, the contract for which set out the terms for the sculptural decoration of the high altar in the old Venetian church of La Pietà. In 1692 Callalo agreed to make for this high altar ‘a curtain out of yellow marble of Verona being held by putti’.The stylistic analysis of the memorial to the Bishop of Nin Francesco Grassi indicates that it was erected in a relatively short period of time after the bishop’s death in 1677. It seems highly likely that it was made in the early 1680s or around 1686 at the latest because in that year Callalo made the statue of St Michael in San Michele in Isola. The memorial to the Bishop of Nin Francesco Grassi in Chioggia Cathedral is the first monument on the left-hand side of presbytery wall which would in time become a ‘mausoleum’ of the Grassi family. Around the same time or perhaps somewhat later, the Bishop of Chioggia by the name Francesco Grassi was honoured posthumously with a memorial containing a bust portrait that can be attributed to Giuseppe Torretti (Pagnano, 1664 – Venice, 1743). This group of episcopal memorials in the presbytery of Chioggia Cathedral ends with 1715 when Alvise Tagliapietra (Venice, 1680 – 1747) made the tomb for Bishop Antonio Grassi while he was still alive.Callalo’s Dalmatian oeuvre is relatively modest and consists of the following works so far identified as his: two marble angels set next to the high altar in the Parish Church at Vodice and four music-making putti at the sides of the high altar as well as those on a side altar in the Parish Church at Sutivan on the island of Brač. However, Callalo’s hand can also be recognized in a statue from a large-scale sculptural group which adorned the altar of the Blessed Sacrament in Zadar Cathedral. The altar structure was built by Antonio Viviani in 1719 while Francesco Cabianca (Venice, 1666-1737) carved the majority of the altar’s rich sculptural decoration. At the centre of the altar is a niche with a relatively small marble statue of Our Lady of Sorrows with the dead Christ in her lap. It is difficult to find a place for this marble Pietà from Zadar in Francesco Cabianca’s catalogue especially with regard to his Pietà above a door in the cloister of the Frari Church at Venice in 1714. Compared to the Zadar Pietà, Cabianca’s Venetian Pietà displays a number of differences: a crisper chiselling technique, a certain roughness of workmanship, robust bodies as well as a different treatment of the figures’ physiognomies and drapery. However, the Pietà from Zadar can be added to the catalogue of Paolo Callalo’s works. The carefully modelled figure of Our Lady of Sorrows and the soft drapery which spreads outwards in a radial fashion around her feet can be compared to the statues of Faith and Hope on the altar of the Blessed Sacrament in Udine Cathedral, which was made after 1720. The statue of the Risen Christ on the tabernacle of the aforementioned altar from Udine provides a parallel for the modelling of Christ’s body and, in particular, his face with a restrained expression. The same can be said for the Risen Christ on the tabernacle of the Parish Church at Clauzetto, which I also attribute to Callalo, as well as for earlier, more monumental, examples such as the Christ from the 1708 altar of the Transfiguration in the Parish Church at Labin.Callalo’s memorial to the Bishop of Nin Francesco Grassi in Chioggia is an important indicator of his personal stylistic development. He transformed his stylistic expression from the robust energy of this ‘youthful work’ at Chioggia to the lyrical poetics characterized by softness which can be seen in his late work, the Pietà on the altar of the Blessed Sacrament in the Cathedral of St Anastasia at Zadar. It is likely that future research in Venice, Dalmatia and the rest of the Adriatic coast will expand Paolo Callalo’s already rich oeuvre and confirm the important place he holds in Venetian sculpture as one of its protagonists during the late Seicento and early Settecento.
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Ozola, Silvija. "The Development of the Catholic Cathedral Building-type at Bishoprics’ Towns on the Baltic Sea Southern Coast during the 13th – 14th Centuries." Landscape architecture and art 14 (July 16, 2019): 24–44. http://dx.doi.org/10.22616/j.landarchart.2019.14.03.
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The oldest Catholic cathedral is the five-nave Archbasilica of St. John in Lateran erected in Rome, but the Lateran Palace (Latin: Palatium Apostolicum Lateranense) was given as a present to Bishop (Latin: episcopus) of Rome for his residence (from 4th until 14th cent.). The perimeter building set up the structural complex of L-shaped layout where the Lateran Castle and the Archbasilica were included. In Western Europe largest cities were also archbishoprics’ centres, in which neighbourhood Catholic church-states, or bishoprics were founded. Local conditions and relationships between the ruler and inhabitants determined the development of Christianity centres. Its main structural objects included in the fortified building complex were the Catholic cathedral which altarpiece (Latin: presbyterium) by the main altar was turned toward the east facing the rising sun, headquarters of the Canonical Chapter (German: Domkapitel) and Bishop's strong fortified residence resembled a lower tower, or a palace separated from the town, or built outside the town. In the late 12th century, bishoprics began to establish on the Baltic Sea southern coast at subjugated lands of the Balts and the Baltic Finns. At bishoprics’ centres Bishops’ fortified yards (German: der Bischofshof) were formed. A housing combined with a sacral structure was included in the perimeter building around the spacious court and integrated into the unified defensive system of the structural complex. In Riga, the Germans established centres of secular and spiritual power, as well as the main military economic base for the Baltics’ expansion. The political and economic dualism was created. The representation of civil authority became the third alternative force. Each of centres characterized by its own structural elements. The main cult building for city inhabitants was the church of citizen’s parish. Research problem: the development of the Catholic cathedral building-type in bishoprics’ towns on the southern bank of the Baltic Sea during the 13th – 14th centuries has been studied insufficiently. Research topicality: the impact of cathedral building complexes on formation of medieval urban structures on the Baltic Sea south coastal lands during the 13th – 14th centuries. Research goal: analysis of the structure and layout of Catholic cathedrals in Livonia and the Prussians’ lands to determine common and diverse features. Research novelty: evolution of the layout and structure of Catholic cathedrals on lands inhabited by the Baltic ethnic groups have been analysed in regional and European context. Results: study formation of the Catholic cathedrals’ layout and structure on the Baltic Sea south coastal lands during the 13th – 14th centuries. Main methods: inspection of cathedrals in nature, analysis of archive documents, projects, cartographic materials.
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Gonthier, Nicole. "Les victimes de viol devant les tribunaux à la fin du Moyen Âge d’après les sources dijonnaises et lyonnaises." Criminologie 27, no. 2 (August 16, 2005): 9–32. http://dx.doi.org/10.7202/017353ar.
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At the end of the Middle Ages, the manner in which the courts of justice punished rapists clearly shows how seriously such crimes were judged at that time. Endeavoring to increase their juristic power and worrying that the propagation of rape would corrupt the entire society and threaten its survival, impelled the judges and their officials —princes, bishops, and municipal bodies — to deal with all complaints and to initiate inquiries about them. A study of the progressive steps undertaken in the preliminary investigations of these cases reveals that after an inquiry into the accuser's reputation, the judges demanded numerous proofs from the victim about the rape. Moreover, a clinical examination was demanded from a midwife. Thus, in addition to the scientific proof and the witness's statements, the investigators were able to arrive at a better assessment of the rapist. The rapist, in turn, under the distressful solitude in his cell where he had been incarcerated by the police as soon as the complaint was made, finally admitted to the crime and renounced having degraded and defamed his accuser, ft was then up to the court to punish the offender. These offenders were treated severely, particularly if they had attacked moral and social values by deflowering children and virgins.
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LOFT, PHILIP. "LITIGATION, THE ANGLO-SCOTTISH UNION, AND THE HOUSE OF LORDS AS THE HIGH COURT, 1660–1875." Historical Journal 61, no. 4 (December 4, 2017): 943–67. http://dx.doi.org/10.1017/s0018246x17000346.
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AbstractThis article examines the role of the House of Lords as the high court from the Restoration of 1660 to the passage of the Appellate Jurisdiction Act in 1876. Throughout this period, lay peers and bishops judged appeals on civil law from the central courts of England and Wales, Ireland (aside from between 1783 and 1800), and Scotland after the Union of 1707. It has long been known that the revolution of 1688–9 transformed the ability of parliament to pass legislation, but the increased length and predictability of parliamentary sessions was of equal significance to the judicial functions performed by peers. Unlike the English-dominated profile of eighteenth-century legislation, Scots constituted the largest proportion of appellants between 1740 and 1875. The lack of interaction between Westminster and Scotland is often seen as essential to ensuring the longevity of the Union, but through comparing the subject matter of appeals and mapping the distribution of cases within Scotland, this article demonstrates the extent of Scottish engagement. Echoing the tendency of Scottish interests to pursue local, private, and specific legislation in order to insulate Scottish institutions from English intervention, Scottish litigants primarily sought to maintain and challenge local privileges, legal particularisms, and the power of dominant landowners.
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Jemielity, Witold. "Konkursy na beneficja w Królestwie Polskim 1817-1865 : (w diecezji augustowskiej czyli sejneńskiej)." Prawo Kanoniczne 38, no. 3-4 (December 20, 1995): 205–22. http://dx.doi.org/10.21697/pk.1995.38.3-4.07.
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The status of the church in Polish state was regulated by King Alexander I‘s edict from 6th and 8th March 1817. The edict said about a church appointment. A candidate for a perish-priest was due to take two competition examinations. The first theoretical examination included five subjects. The second one was practical, a candidate was examined about serving of the secraments and he had to write a sermon. When a candidate entered for the examination he also had to submit his life memoir and a dean’s opinion of his personal life. After the exam the examiners sent the results to a bishop who further informed the proper state commision of Religion and Public Education. If a candidate did not become a parish-priest for a period of three years he had to re-entere for the examination.
When a bishop presented the name of a priest-candidate he submitted some other documents; a hand life memoir certified by the consistory, a dean’s opinion about the priest’s personal lif and his fulfilment of the church duties, a police report of a candidate’s attitude to the national uprisings, report of the results of his teaching religion at school or catechization at church, a report of the church authorities about the conditions of the presbytery he was in charge of, a report of the Court of Peace about the candidate’s registering work, a declaration that he was not a member of a secret society. Some documents concerned only the bishops who intended to charge a parish and some were valid for a definite period o f time.
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Davies, Eloise. "English Politics and the Blasphemy Act of 1698*." English Historical Review 135, no. 575 (August 2020): 804–35. http://dx.doi.org/10.1093/ehr/ceaa252.
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Abstract In 1698, less than a decade after the Toleration Act, a blasphemy law was passed in England. No convictions were ever brought under the Act, and it has been largely neglected by historians. Yet, for all its apparent insignificance, the Blasphemy Act is an instructive episode in post-1688 politics, which sheds light on the political realignments of the post-revolutionary decade. The language of the blasphemy debates was theologically sophisticated, rooted in Calvin’s understanding of blasphemy as distinctively malicious, and it is clear that the contours of the extra-parliamentary Trinitarian controversy were a source of division in Westminster too. The Blasphemy Act was one means by which the Williamite bishops, under pressure from both the dissenter-dominated moral reform movement and High Church advocates of Convocation, tried to reassert the court’s moral leadership. But the significance of the dispute was not limited to ecclesiastical politics; the story of the Blasphemy Act was also closely entwined with that of the more famous ‘standing army’ controversy. William’s Court Whig ministers—often portrayed as areligious pragmatists—exploited the theological fault-lines among Country MPs to legitimise fiscal-military reform.
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Quetglas, Pere J. "Llenguatge jurídic i llenguatge poètic: les gosadies del comte-bisbe Miró Bonfill." Anuario de Estudios Medievales 45, no. 1 (June 30, 2015): 185–94. http://dx.doi.org/10.3989/aem.2015.45.1.06.
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Ozola, Silvija. "THE DEVELOPMENT OF TOWN-SHIELDS’ PLANNING IN BISHOPRICS OF LIVONIA DURING THE 13TH–14TH CENTURIES." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 5 (May 20, 2020): 795. http://dx.doi.org/10.17770/sie2020vol5.4875.
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Traditions of the Christianity centres’ formation can be found in Jerusalem’s oldest part where instead of domestic inhabitants’ dwellings the second king of Israel (around 1005 BC–965 BC) David built his residence on a top of the Temple Mount surrounded by deep valleys. His fortress – the City of David protected from the north side by inhabitants’ stone buildings on a slope was an unassailable public and spiritual centre that northwards extended up to the Ophel used for the governance. David’s son, king of Israel (around 970–931 BC) Solomon extended the fortified urban area where Templum Solomonis was built. In Livonia, Bishop Albrecht obtained spacious areas, where he established bishoprics and towns. At foothills, residential building of inhabitants like shields guarded Bishop’s residence. The town-shield was the Dorpat Bishopric’s centre Dorpat and the Ösel–Wiek Bishopric’s centre Haapsalu. The town of Hasenpoth in the Bishopric of Courland (1234–1583) was established at subjugated lands inhabited by the Cours: each of bishopric's urban structures intended to Bishop and the Canonical Chapter was placed separately in their own village. The main subject of research: the town-shields’ planning in Livonia. Research problem: the development of town-shields’ planning at bishoprics in Livonia during the 13th and 14th century have been studied insufficiently. Historians in Latvia often do not take into account studies of urban planning specialists on historical urban planning. Research goal: to determine common and distinctive features of town-shield design in bishoprics of Livonia. Research novelty: town-shield plans of Archbishop’s and their vassals’ residences and capitals in Livonian bishoprics subjected to the Riga Archbishopric are analyzed. Results: study formation of Livonian town-shields’ layout and structure of the 13th and 14th centuries. Main methods: inspection of town-shields in nature, analysis of archive documents, projects, cartographic materials.
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Shishkin, Vladimir. "Ecclesiastical Household of Anna Yaroslavna, Queen of the Franks (1051–1075)." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 5 (December 2020): 6–19. http://dx.doi.org/10.15688/jvolsu4.2020.5.1.
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Introduction. The court of Anna Yaroslavna, the French queen of the 11th century, has not been specifically studied in historical literature. The author proposes to find out how the ecclesiastical environment of the Queen was formalized and structured in 1051–1075, who of the church persons formed her inner circle, and whether the royal ecclesiastical household had an influence on the formation of the church policy of the crown. Methods. The methodology is a combination of institutional and social history as part of the systemic approach that makes it possible to understand the evolution of the Queen’s household within the curial Capetian system. Analysis. The reviewed sources indicate that Anna Yaroslavnas staying in France and her relationships with the curial clerics were very close. The Royal acts attest to Anna’s high level of involvement in the ecclesiastical affairs of France, her regular support for the church persons of Curia regis, the Chancellor-Bishop and his servants, as well as the state of curial priests. Results. The ecclesiastical entourage of King Henri I and Queen Anna largely shaped the policy of the Capetians and strengthened dynastic authority. As a widow and queen mother, Anna Yaroslavna played in accordance with the policies of Henry I and his predecessors, contributing to the further strengthening of the church presence at the court, and in particular the bishops in Curia regis, as opposed to the feudal clans and influence of the pope. At the same time, all her actions were aimed at the interests of the crown in order to guarantee the safe preservation of the throne for her son Philip I.
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Spinks, Bryan. "Durham House and the Chapels Royal: their liturgical impact on the Church of Scotland." Scottish Journal of Theology 67, no. 4 (October 10, 2014): 379–99. http://dx.doi.org/10.1017/s0036930614000179.
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AbstractEver since the laying of the foundation stone of the present Norman building, Durham Cathedral has had an ambiguous relationship with Scotland – some good (the huge contribution of Dean William Whittingham through liturgy, metrical psalms and the Geneva Bible) and some extremely negative (the cathedral served as the prison for the Scottish prisoners after the battle of Dunbar). Amongst the more negative are the liturgical ideals and practices of the Durham House group, more commonly though inaccurately known as ‘Laudians’. The members of the group, which did include William Laud, were the protégés of the bishop of Durham, Richard Neile, and they met in his house in London. He promoted many as prebendaries at Durham Cathedral, and there they developed their liturgical ideals and practices. These ideals were ones which Neile shared with his contemporaries and close friends, Bishops Lancelot Andrewes and John Buckeridge. This article argues that the origin and precedent for these practices were the Chapels Royal with which most of the ‘players’ had affiliation in some way or other. Elizabeth I insisted on liturgical ceremonial and furnishings that supported or matched the grandeur of court ceremonial. It was a style which she hoped would also be adopted in English cathedrals. It was a style of worship which also appealed to James VI and through the Chapels Royal in Scotland he attempted to introduce a similar liturgical style. He also sought to conform the Church of Scotland to the Church of England, both in polity and liturgical text. The policy was continued by Charles I, who attempted to extend it to the Scottish cathedrals. Opponents of this court liturgical style and ‘Englishing’ of the liturgy found it convenient to blame the bishops who were given the task of implementing the liturgical changes rather than attack the source, namely the monarchy. The ultimate outcome was that, rather than the Church of Scotland adopting the 1637 Book of Common Prayer and Durham House ceremonial, it eventually even lost the liturgy which Scottish tradition had ascribed to John Knox, but the lion's share of which was more probably the work of Dean William Whittingham. Instead the Church of Scotland accepted the Directory of Public Worship, itself mainly the work of English divines. It became one of the few Reformed churches that did not have a set form for its public worship.
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Gaidenko, P. I. "TRIAL OF METROPOLITAN PETER IN THE EYES OF CONTEMPORARIES AND SCRIBES OF THE XVI CENTURY." Juridical Journal of Samara University 6, no. 3 (September 28, 2020): 19–27. http://dx.doi.org/10.18287/2542-047x-2020-6-3-19-27.
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The article presented to the attention of readers is devoted to the question of the attitude of the clergy and other contemporaries of the events of the XIVXVI centuries to the problem of material abuse of bishops. As an example, we consider a set of sources related to the history of the trial of Metropolitan Peter of Moscow, who was accused by the Tver Bishop Andrei of accepting fees for the services and ordinations performed. The main sources of news about those events are hagiographic news published by scribes of the XVI century. in the most important collections of the time in the Great Reading for Months and the Book of Degrees of Thus, these hagiographic texts contributed to the formation of ideas about the rights of the Metropolitan among readers on the example of the history of Peter the Great. Examination of the hagiographic text allows us to conclude that the circumstances of the court described in the life quite accurately record the socio-political situation in which the cathedral was assembled. These texts extremely adequately convey the procedural side of the proceedings. An analysis of the reports allows us to conclude that the accusations against Metropolitan Peter were not unfounded, and the attitude towards the bishop on the part of the Grand Duke and part of the higher clergy remained openly negative. The investigation was conducted by the patriarchal ambassador. There is every reason to believe that the case ended with the reconciliation of the parties. An inquiry into Metropolitan Peter showed that the position of the Metropolitan, supported by the Allies, was stable. Peter not only was able to turn the tide, but latermanaged to deal with his opponents. Obviously, the social status of the metropolitan was high and granted the Russian first hierarchs de facto jurisdiction over matters of material abuse.
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Behrend-Martínez, Edward. "Female Sexual Potency in a Spanish Church Court, 1673–1735." Law and History Review 24, no. 2 (2006): 297–330. http://dx.doi.org/10.1017/s0738248000003345.
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Between 1650 and 1750, the Northern Spanish bishopric of Calahorra and La Calzada adjudicated eight suits against allegedly impotent wives and one case against a castrated woman.1 These suits were marital, not criminal, and usually entailed a husband accusing his wife of being impotent. They are particularly valuable for the historian of sex and gender because these cases occurred at the local level, among rural Spaniards, and in an ordinary bishop's court. These local church court trials allow us to avoid the rarified cultural world of political and religious élites.2 They offer, instead, a glimpse of the sexual concerns of ordinary wives and husbands and demonstrate the daily practices of local surgeons, doctors, and lawyers. These professionals were, I argue, primarily influenced by the pragmatic day-to-day worries of the communities they lived in. The influences of cultural and intellectual centers in Madrid or rome, Valladolid or Salamanca were negligible when compared to the issues at hand in court. These court documents reveal sexual interests related to reproduction rather than salvation, magic rather than honor, and social order rather than the strictures of canon law.
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GIBSON, WILLIAM. "THE LIMITS OF THE CONFESSIONAL STATE: ELECTORAL RELIGION IN THE REIGN OF CHARLES II." Historical Journal 51, no. 1 (March 2008): 27–47. http://dx.doi.org/10.1017/s0018246x07006577.
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ABSTRACTFrom 1670 there were sustained attempts to use excommunication as a tool to influence parliamentary elections. Excommunicants could not qualify for membership of municipal corporations under the Test and Corporation Acts. Towards the end of Charles II's reign, as fear of protestant dissent grew, excommunication was, however, used to deny voters the right to exercise their franchise. There was a concerted attempt, encouraged by the king, to ensure the election of a compliant tory parliament through the use of excommunication in elections in borough seats. The attempt, reliant on bishops and spiritual courts, represented the high water mark of the ‘confessional state’. Of questionable legality, the exclusion of excommunicants from the right to vote was short-lived. The accession of James II, and his Catholicizing policies, created new alliances between Anglicans and dissenters and eroded the willingness of bishops to use excommunication as an electoral instrument. In 1689, the Toleration Act removed the principal cause of the persecution of dissent. The use of excommunication, nevertheless, represented an important attempt to unite the church and state for electoral reasons.
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Shriver, Donald W., and Peggy L. Shriver. "Law, Religion, and Restorative Justice in New Zealand." Journal of Law and Religion 28, no. 1 (January 2013): 143–77. http://dx.doi.org/10.1017/s0748081400000266.
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A former police chief and a criminologist confirm a famous remark by Margaret Mead when they write: “The initiation of restorative reforms is often based upon the conversion of one key professional in a criminal justice agency.”New Zealand district court judge Fred W.M. McElrea personalized this rule in his account of how he stumbled on a restorative procedure in the case of a young man in Auckland, who was a Maori and son of a bishop, and who confessed to the crime of robbing a woman's purse. She happened to be a Quaker, and she appeared in court as a gesture of friendship for the offender. When the time came for sentencing, McElrea wondered out loud if there were a way for the young man to be monitored, without imprisonment, by some competent person who knew him. At that, Douglas Mansil, local Presbyterian minister, also present in the courtroom, stood and volunteered his services. Mansil had been the longtime “streetwise” pastor of a congregation in that Auckland neighborhood, known for furnishing the courts with more than a few youth offenders. Together with the Quaker victim of the crime, he kept track of the young man and reported regularly to the court. It was the beginning of McElrea's dedication to restorative justice (RJ) for young offenders in New Zealand. He and other judiciary leaders pay tribute to the influence of Howard Zehr's visit to New Zealand (NZ) in 1994 and Zehr's book, Changing Lenses, which McElrea first read during a sabbatical leave at Cambridge University. Zehr's book and his work in the U.S. had great impact on New Zealand legal officials, many of whom, like McElrea, often give him credit for inspiring shifts to RJ in their thinking about law, judicial process, and ethics.
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Wathey, Andrew. "PHILIPPE DE VITRY, BISHOP OF MEAUX." Early Music History 38 (September 11, 2019): 215–68. http://dx.doi.org/10.1017/s0261127919000019.
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AbstractPhilippe de Vitry’s tenure of the bishopric of Meaux in the last decade of his life, 1351–61, the crowning event of his court and church career, has often been regarded as a period of retirement from creative activity. A reassessment of this judgement is timely, following new musical discoveries and literary work exposing links between Vitry and his contemporaries. Using new archival material, this article explores the geopolitical context of Vitry’s work in the diocese of Meaux; his engagement with political society, king and court; and his role in events under a national government fractured by the capture of Jean II at Poitiers in 1356. It examines the interplay of Vitry’s career, relationships and output, identifying the composer’s house in Paris, and exploring his family relationships, and his engagement with Pierre Bersuire, among others, in the creative circles of mid-fourteenth-century Paris. It also illuminates a context and opportunities for the continuation of his creative work into the late 1350s, some remnants of which survive in the literary miscellany Paris, BN Lat. 3343.
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Ocker, Christopher. "Augustine, Episcopal Interests, and the Papacy in Late Roman Africa." Journal of Ecclesiastical History 42, no. 2 (April 1991): 179–201. http://dx.doi.org/10.1017/s002204690000004x.
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The bishops of Roman Africa vacillated in their relations with the papacy in the three decades preceding the Vandal invasion and, more specifically, during the papacies of Innocent, Zosimus, Boniface, and Coelestine. Theyseemed grossly inconsistent, first praising papal authority, then curbing its ability to influence African jurisdiction. In synodal letters of 416 associated with the Pelagian controversy, the bishops exalted Roman authority, even ascribing to the pope a ‘greate dignity’ and a ‘special gift of grace’. An additional private letter of five African bishops contrasted the African ‘brook’ with the Roman ‘spring’. Augustine also acknowledged the special authority of Rome. These were no mere effusions of polite speech. The Africans intended to sway a papal hand in their campaign against Pelagius and his supporters by seeking papal approbation of their condemnations of Pelagianism. The Council of Sardica and Roman law had earlier granted the papacy the authority to function as a ‘court of appeals’ in the Western Church. Accordingly, Innocent responded to the African bishops with a condemnation of the heresy, however equivocal in points of doctrine, dramatically clothed in the style of imperial rescript. Boniface and Coelestine soon provided official approbation of African canons issued in 418 at the Council of Carthage, and Augustine and subsequent popes regarded this as the proof of a consistent papal position in support of African doctrine, leaving Zosimus' temporary exoneration of Pelagius and Caelestius the unsuccessful exception to the rule.
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Humfress, Caroline. "Bishops and Law Courts in Late Antiquity: How (Not) to Make Sense of the Legal Evidence." Journal of Early Christian Studies 19, no. 3 (2011): 375–400. http://dx.doi.org/10.1353/earl.2011.0033.
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Meldrum, Tim. "A Women's Court in London: Defamation at the Bishop of London's Consistory Court, 1700–1745." London Journal 19, no. 1 (May 1994): 1–20. http://dx.doi.org/10.1179/ldn.1994.19.1.1.
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Foster, Neil. "The Bathurst Diocese Decision in Australia and its Implications for the Civil Liability of Churches." Ecclesiastical Law Journal 19, no. 01 (December 20, 2016): 14–34. http://dx.doi.org/10.1017/s0956618x1600106x.
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In the New South Wales Supreme Court decision of Anglican Development Fund Diocese of Bathurst v Palmer in December 2015, a single judge of the court held that a large amount of money which had been lent to institutions in the Anglican Diocese of Bathurst, and guaranteed by a letter of comfort issued by the then bishop of the diocese, had to be repaid by the bishop-in-council, including (should it be necessary) levying the necessary funds from the parishes. The lengthy judgment contains a number of interesting comments on the legal personality of church entities and may have long-term implications (and not merely in Australia) for unincorporated, mainstream denominations and their contractual and tortious liability to meet orders for payment of damages. The article discusses the decision and some of those implications.
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Petrović, Mišo. "From victory to defeat." History in flux 1, no. 1 (December 21, 2019): 21–39. http://dx.doi.org/10.32728/flux.2019.1.2.
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The present study analyzes the appearance of Bishop Paul of Zagreb in various sources, ranging from royal charters and other documents to later medieval chronicles. The purpose is to observe how medieval authors constructed their past and how their writings were used by subsequent historians. The first part surveys Paul’s diplomatic activities in advancing the rebellion against the Hungarian royal court within the kingdom and outside of it. The second part investigates how the institutional context of the royal court in which the sources were written shaped the way in which the memory of Paul’s participation in the rebellion was formed. As no sources which Paul himself wrote were preserved and the rebellion turned out to be unsuccessful, it was the royal narrative which influenced and defined the later image of Bishop Paul.
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Ogilvie, Margaret. "Judicial Restraint and Neutral Principles in Anglican Church Property Disputes: Bentley v Diocese of New Westminster." Ecclesiastical Law Journal 13, no. 2 (April 26, 2011): 198–207. http://dx.doi.org/10.1017/s0956618x11000068.
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Anyone hoping that the British Columbia Court of Appeal, in Bentley v Anglican Synod of the Diocese of New Westminster would resolve the doctrinal and related property disputes in the Anglican Church of Canada (ACC) and even in the world-wide Anglican Communion over same-sex blessings must come away from the decision of Newbury JA for the unanimous court greatly disappointed: the court left the dispute exactly where it began – in the ACC. Conversely, anyone hoping that the court would do precisely that will be greatly relieved by this exercise of judicial self-restraint in the face of the many challenging theological and legal issues presented by the case. Stripped to its essentials, the court found that the property to which four former parishes in the diocese of New Westminster laid claim by way of a cy-près application was held by the diocese pursuant to a statutory trust for the uses of the diocese and the ACC. The court further characterised the dispute over same-sex blessings as an internal dispute among Anglicans on the basis of which a cy-près order cannot be made in favour of parishes which no longer regard the Bishop of New Westminster as their bishop. This simple, legal outcome followed an 11 day trial in the British Columbia Supreme Court, a four day appeal hearing, and two lengthy judgments, each of just under 100 pages, which ranged widely over the history of the dispute within the ACC and the larger Anglican Communion, and the Anglo-Canadian common law relating to the resolution of church property disputes since the 1813 decision of Lord Eldon in Craigdallie v Aikman, almost two centuries before.
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Gręźlikowski, Janusz. "Początki i rozwój kościelnego sądownictwa w Polsce na podstawie generalnego i okręgowych oficjalatów diecezji włocławskiej." Prawo Kanoniczne 44, no. 3-4 (December 10, 2001): 163–83. http://dx.doi.org/10.21697/pk.2001.44.3-4.06.
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Ecclesiastical jurisdiction in Poland is a subject that has not been well studied. This article attempts to approach the beginnings and development of ecclesiastical jurisdiction in Poland by examples of the general and regional Włocławek Church official’s offices. At the beginning of the Church in Poland the bishops personally hed jurisdiction or they benefited from the help of priests that held a position closest to them that is archdeacons. The evolution of jurisdiction at the end of the XII century, as well as the insurance of an efficient court system in the Church, caused the Bishops to appoint steody judges. As even further impact on the development of jurisdiction in the Polish Church was caused by the IV constitution of Innocent Romana Ecclesia, from 1246, which specified the legal status and the competence of an official. The need for an efficient court system that in addition to the general official who hed his tribunal, the consistory, caused the bishops to also appointed Foral officials for a specified part of the dioecese and for certain categories of matters. These Foral officials had their own offices called Foral consistories or regional consistories. The largest diocese of Cracow and Gniezno had the most extent network of Church official’s offices. The diocese of Włocławek can be indudet as one of the leading diocese in the area of ecclesiastical jurisdiction. The general Church official’s office in Włocławek was established most probably as early as in the XIII century but archival records start in 1422. The Włocławek diocese, as the first in Poland, had a regional Pomeranian Church official’s office as early as 1289. Other dioceses established regional Church official’s offices as late as the end of the XIV century. The liquidation of regional Church official’s offices occurred in the beginning of the XIX century and from that time only general Church official’s offices functioned in the capitol of the diocese. This was a result of a reorganization of the administrative division of the Church in Poland that took place in 1925.
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Graham, Emily E. "Heresy, Doubt and Identity: Late Medieval Friars in the Kingdom of Aragon." Studies in Church History 52 (June 2016): 135–49. http://dx.doi.org/10.1017/stc.2015.8.
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The fourteenth-century Kingdom of Aragon enjoyed a reputation as a haven for religious dissidents, doubters, heretical refugees and malcontents. This is particularly true of those fleeing the upheaval that the Franciscan Order experienced early in the century, as debates over the nature of poverty within the order created serious conflicts within communities, between friars and superiors, and between the order and the papacy. These visitors operated at the highest levels of the royal court, as has been well documented in the recent surge of interest in figures such as Ramon Llull and Arnald of Villanova. But the effects were also felt in rural communities, arousing suspicion among local bishops. Court proceedings and other documents reveal the pervasive atmosphere of doubt and suspicion that focused on several Franciscan houses in the diocese of Barcelona as late as the middle of the fourteenth century.
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La France, Robert G. "Exorcising the Borgia from Urbino: Timoteo Viti’s Arrivabene Chapel." Renaissance Quarterly 68, no. 4 (2015): 1192–226. http://dx.doi.org/10.1086/685124.
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AbstractBishop of Urbino Giovanni Pietro Arrivabene selected the foreign saints Thomas Becket and Martin of Tours as patrons for his burial chapel. Montefeltro court artist Timoteo Viti decorated the chapel with the saints’ images, including a fresco of Saint Martin exorcising a demon from a cow. This article argues that the chapel’s unusual, allegorical iconographic program condemns Cesare Borgia’s campaigns to dominate Central Italy. It also proposes that the kneeling figure in the altarpiece’s lower right register portrays the bishop’s heir. Finally, the accomplishment of the Arrivabene chapel demonstrates Timoteo Viti’s artistic independence from his famous colleague and collaborator, Raphael.
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Casanova, Maryse, and Jean-Louis Brousse. "The Comminges County from the 10th to the 15th century." EPJ Web of Conferences 244 (2020): 01007. http://dx.doi.org/10.1051/epjconf/202024401007.
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From the 10th to the 15th centuries, the counts of Comminges developed their important domain and resisted the ambitions of their powerful neighbors. Alliances, treaties, marriages, wars, everything has been good to preserve their goods. These counts played happily with their personalities, their strengths, their weaknesses, their malice. They supported the economic and social development. The population gradually migrated from the mountains to the plain, first with the help of the Church and the creation of the “sauvetés”. Then the liberality of the counts allowed the construction of numerous “bastides” in the 13th century. The county families provided the majority of the Commingeois bishops and reinforced the importance of the Secular Church. By their permanent support to the Regular Church, they favored the establishment of large monastic and templar domains, the development of as much farming land. The progressive close up with the raimondine city of Toulouse, placed the County under his protection after the crusade by the Albigensians in 1218. The war against the English, the devastations of the Black prince in 1355 opened the last page of this story, accompanied by calamities that left in 1453 a bloodless Comminges in the hands of the King of France.
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Brundage, James A. "The Bar of the Ely Consistory Court in the Fourteenth Century: Advocates, Proctors, and Others." Journal of Ecclesiastical History 43, no. 4 (October 1992): 541–60. http://dx.doi.org/10.1017/s0022046900001950.
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The consistory court of the bishops of Ely by the fourteenth century regularly held its sessions in Cambridge, the largest and most prosperous city of the diocese. Ely itself was small, little more than a hamlet, and physically isolated. Recurrent flooding in the fens often cut off the roads leading into the Isle of Ely, and even at the best of times Ely tended to be rather out of the way. Although Cambridge was flat and lowlying, it rose just far enough above the level of the fenlands to be secure from all but the worst flooding, while the River Cam gave the city ready access to the commercial networks of eastern and southern England.
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Atkins, Jonathan M. "Calvinist Bishops, Church Unity, and the Rise of Arminianism." Albion 18, no. 3 (1986): 411–27. http://dx.doi.org/10.2307/4049982.
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According to Nicholas Tyacke, the doctrine of predestination worked as a “common and ameliorating bond” between conformists and nonconformists in the late Elizabethan and Jacobean Church of England. Anglicans and Puritans both accepted Calvin's teachings on predestination as a “crucial common assumption.” Puritans were stigmatized either because of their refusal to conform to the church's rites and ceremonies or because of their rejection of the church's episcopal government, but their agreement with the episcopacy on predestinarian Calvinism imposed “important limits” on the extent of persecution. The Synod of Dort, a Dutch conference held in 1619 which included several English representatives, repudiated Arminianism and affirmed the Calvinist view of salvation, Tyacke calls “an event which has never received the emphasis it deserves from students of English religious history,” because the Synod “served to emphasize afresh the theology binding conformist and nonconformist together, and the limits which that common bond imposed on persecution.” The rise of Arminianism broke this common bond and contributed to the causes of the Civil War. To the Arminians, Puritans were those who opposed the new religious policies of King Charles I and archbishop William Laud. The Arminians' elimination of Calvinist influence in the church and at court, along with intensified persecution of Puritans, “generated a Puritan militancy” that erupted in 1640. By that date, Tyacke concludes, predestinarian Calvinism had been “transformed with relative ease into a call for ‘root and branch’ remedies”; at the same time, presbyterianism emerged as “the cure of Arminian disease.”