The Reinvention of Canon Law in the High Middle Ages

2022 ◽  
pp. 79-95
Author(s):  
Wolfgang P. Müller
Aschkenas ◽  
2016 ◽  
Vol 26 (1) ◽  
Author(s):  
Markus J. Wenninger

AbstractBased on the debate about the murals in the Jewish house »Zum Brunnenhof« in Zurich this essay discusses whether or not Christian participation in Jewish festivals was unusual and prohibited or normal in the Middle Ages. Following an outline of the relevant legal aspects – there were, up to the High Middle Ages, only occasional decrees from provincial councils that banned Christians from eating and celebrating with Jews; only from the twelfth century onwards were such bans included in the general canon law, while they were never part of secular legislation – the main part of this investigation focuses on actual reports of Christians attending Jewish festivals. These were mainly weddings, but there are also reports of Christians participating in Purim or other celebrations. Most relevant descriptions come from Germany, one from England, where the Bishop of Hereford 1286 took exception to the participation of Christians in a Jewish wedding, threatening with excommunication in an attempt to stop such behaviour. In Germany it was mostly a matter of municipal authorities punishing the dancing of Christians on days of fasting or religious holidays for moral reasons. But even in the increasingly anti-Jewish late Middle Ages, and in spite of the restrictions imposed by the church, nobody really minded the participation of Christians in Jewish festivals as such. In conclusion, various questions are being discussed which arise for the historian in connection with the participation of Christians in Jewish festivals and vice versa.


Aschkenas ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 175-216
Author(s):  
Lotter Friedrich

Abstract In research into the history of the Jews in the Merovingian kingdom, relevant Council decrees have so far played a very subsidiary role compared to information gleaned from narrative sources. Yet besides facilitating discoveries of importance not only for the Merovingian period, and scarcely to be found in other sources, a number of these decrees also found their way into the canon law of the High Middle Ages and acquired long-term significance as a result. The compilation presented here systematically investigates this source material according to perspectives important for the synods: Christian-Jewish intermarriages; Christian slaves owned by Jews, and the danger, as the Church saw it, of proselytism; Jews as holders of public offices; Judaizing tendencies amongst Christians; attempts to limit contact between Christians and Jews. From this it becomes apparent that the position of the Jews in the Merovingian kingdom was not as perilous as is often assumed based on the narrative sources. On the contrary, during this era the foundations were laid for a later autonomous Jewry in Europe. The essay also elaborates on the importance of the synodal decrees as source material for investigating the history of Jewry in the early medieval period. The concluding tables provide a systematic overview and also demonstrate which of the decrees were incorporated again into the medieval canonical collections.


2017 ◽  
Vol 15 (2) ◽  
pp. 9-22
Author(s):  
Marek Maciejewski

The origin of universities reaches the period of Ancient Greece when philosophy (sophists, Socrates, Plato, Aristotle, stoics and others) – the “Queen of sciences”, and the first institutions of higher education (among others, Plato’s Academy, Cassiodorus’ Vivarium, gymnasia) came into existence. Even before the new era, schools having the nature of universities existed also beyond European borders, including those in China and India. In the early Middle Ages, those types of schools functioned in Northern Africa and in the Near East (Baghdad, Cairo, Constantinople, cities of Southern Spain). The first university in the full meaning of the word was founded at the end of the 11th century in Bologna. It was based on a two-tiered education cycle. Following its creation, soon new universities – at first – in Italy, then (in the 12th and 13th century) in other European cities – were established. The author of the article describes their modes of operation, the methods of conducting research and organizing students’ education, the existing student traditions and customs. From the very beginning of the universities’ existence the study of law was part of their curricula, based primarily on the teaching of Roman law and – with time – the canon law. The rise of universities can be dated from the end of the Middle Ages and the beginning of modernity. In the 17th and 18th century they underwent a crisis which was successfully overcome at the end of the 19th century and throughout the following one.


Author(s):  
G.E.M. Lippiatt

Historians of political development in the High Middle Ages often focus on the late twelfth and early thirteenth centuries as the generations in which monarchy finally triumphed over aristocracy to create a monopoly on governing institutions in Western Europe. However, it was precisely in this period that Simon of Montfort emerged from his modest forest lordship in France to conquer a principality stretching from the Pyrenees to the Rhône. A remarkable ascendancy in any period, it is perhaps especially so in its contrast with the accepted historiographical narrative. Despite the supposed triumph of monarchy during his lifetime, Simon’s meteoric career took place largely outside of royal auspices. Simon’s experience provides a challenge to an uncomplicated or teleological understanding of contemporary politics as effectively national affairs directed by kings.


Author(s):  
G.E.M. Lippiatt

Dissenter from the Fourth Crusade, disseised earl of Leicester, leader of the Albigensian Crusade, prince of southern France: Simon of Montfort led a remarkable career of ascent from mid-level French baron to semi-independent count before his violent death before the walls of Toulouse in 1218. Through the vehicle of the crusade, Simon cultivated autonomous power in the liminal space between competing royal lordships in southern France in order to build his own principality. This first English biographical study of his life examines the ways in which Simon succeeded and failed in developing this independence in France, England, the Midi, and on campaign to Jerusalem. Simon’s familial, social, and intellectual connexions shaped his conceptions of political order, which he then implemented in his conquests. By analysing contemporary narrative, scholastic, and documentary evidence—including a wealth of archival material—this book argues that Simon’s career demonstrates the vitality of baronial independence in the High Middle Ages, despite the emergence of centralised royal bureaucracies. More importantly, Simon’s experience shows that barons themselves adopted methods of government that reflected a concern for accountability, public order, and contemporary reform ideals. This study therefore marks an important entry in the debate about baronial responsibility in medieval political development, as well as providing the most complete modern account of the life of this important but oft-overlooked crusader.


Author(s):  
Hans Hummer

What meaning did human kinship possess in a world regulated by biblical time, committed to the primacy of spiritual relationships, and bound by the sinews of divine love? In the process of exploring that question, this book offers a searching re-examination of kinship in Europe between late Roman times and the high Middle Ages, the period bridging Europe’s primitive past and its modern present. It critiques the modernist and Western bio-genealogical and functionalist assumptions that have shaped kinship studies since their inception in the nineteenth century, when biblical time collapsed and kinship became a signifier of the essential secularity of history and a method for conceptualizing a deeper prehistory guided by autogenous human impulses. It argues that this understanding of kinship is fundamentally antagonistic to medieval sentiments and is responsible for the frustrations researchers have encountered as they have tried to identify the famously elusive kin groups of medieval Europe. It delineates an alternative ethnographic approach inspired by recent anthropological work that privileges indigenous expressions of kinship and the interpretive potential of native ontologies. The book reveals that kinship in the Middle Ages was not biological, primitive, or a regulator of social mechanisms; nor is it traceable by bio-genealogical connections. In the Middle Ages kinship signified a sociality that flowed from convictions about the divine source of all things and wove together families, institutions, and divinities into an expansive eschatological vision animated by “the most righteous principle of love.”


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