The Statute of Carlisle, 1307, and the Alien Priories

1990 ◽  
Vol 41 (4) ◽  
pp. 543-583 ◽  
Author(s):  
Benjamin Thompson

Throughout its history the institutionalised Church has sought in different ways to define its position with respect to the ‘world’, in order to give meaning to the injunction to be ‘in’ this world but not ‘of’ it. During the Middle Ages, the tension was acute because the Church, in its narrow definition of the clergy, claimed to be a separate, spiritual order, set apart from the temporal world. The tangible results of this dichotomy are particularly evident with respect to the real property held by ecclesiastical institutions. Property gave the Church the security to be independent from the lay power and the aristocracy; hence the Church claimed varying degrees of immunity for its property from secular jurisdictions.

2021 ◽  
Vol 64 (2) ◽  
pp. 62-83
Author(s):  
Svetlana S. Neretina

In the essay “Conversation about Dante,” Mandelstam described logic, which he defined as the “realm of unexpectedness,” which is unlike any everyday logical construction. Based on the analysis of Mandelstam’s text, it is assumed that we are talking about a tropology that arose in the Middle Ages, the principles of which can be derived from studies of St. Augustine’s treatise De Dialectica and Petrus Сomestor’s Historia Scholastica. It is this triple commonwealth (Augustine – Comestor – Dante, read by Mandelstam) that creates the multilayered logical framework of the work. Augustine created a completely different dialectic than in classical antiquity. Augustine considers dialectics as an art of discussion and describes the real steps that contribute to the emergence of speech, which corresponds to Mandelstam’s concept of conversation. According to Augustine, at the basis of any speech, is a trope-turn. In the article, attention is drawn to the sound nature of creation process. This logic, used in explaining the creation of the world according to the logos/word (tropology), assumes that, at the basis of the speech act, there is no the word as a unit of speech, but the sound itself – the sound, which was considered initially equivocal (ambiguous). In the process of pronounciation, the sound could turn into its opposite and could change the meaning of speech if the context has been changed. Dante expressed the meaning of tropology in practice. Mandelstam wrote that he had chosen Dante for the conversation (between poet and poet) “because he is the greatest and indisputable master of reversible and reversing poetic substance.” Mandelstam saw Dante as the Descartes of metaphor.


Traditio ◽  
1964 ◽  
Vol 20 ◽  
pp. 351-383
Author(s):  
Gerard J. Campbell

The Gregorian reform of the eleventh century mounted a massive attack on lay control over churches and church appointments, yet the degree to which this attack succeeded in attaining its objectives varied from country to country. Local conditions and personalities were important in determining the outcome of the struggle over investiture and other related questions, but neither side achieved a complete victory, because the final agreements between clerical and lay leaders were a compromise which produced the usual mixture of satisfaction and disappointment. The church gained the most substantial victory, for the smothering stranglehold of the laity over the church and churchmen was broken, nevermore to be restored in the Middle Ages. Increased spiritual freedom for the church in subsequent centuries resulted from the struggle of the mid-eleventh century. Nevertheless, the church had not broken completely from its close ties with the world of feudalism. If bishoprics, abbeys, and parish churches were not feudal possessions of kings and nobles, laymen still retained many rights reminiscent of the earlier days when laymen claimed a proprietary right over the churches in their areas. The purpose of this paper is to consider one of these remnants of earlier days: the right of regalia I will examine the right of regalia, temporal and spiritual, together with some related institutions during the reigns of St. Louis and Philip III of France.


1912 ◽  
Vol 6 (3) ◽  
pp. 659-678
Author(s):  
Georges Scelle

[Being the fifth part of a series of Studies on the Eastern Question. The preceding parts appeared in the January, April and July numbers of the Journal for 1911, and the January number for 1912.] From the foregoing explanations, it will be seen that in the Turko-Bulgarian arrangement relative to the question of independence, less care was taken in regulating according to juridical principles the transmission of the attributes of sovereignty than in an effort to reach a financial compromise capable of conciliating opposing interests. We have in particular considered the property of the public domain as a real property for which the emancipated State must refund the accumulated outlay. This is a curious idea for our times, when we have lost the habit of looking at the public power in the light of patrimoniality. But this conception is self-explanatory, if we but remember that we are in the Orient, in Turkish territory where the coining of the attributes of sovereignty has always been the rule, where the principles of the Middle Ages have survived longer than anywhere else. And these conditions are self-explaining if we think of the persisting uncertainty of the nature and the real meaning both of the Treaty of Berlin and of the union of 1885 regarding Bulgaria and Rumeiia. From all these conditions, there issues an impression of indecision and of archaism.


Author(s):  
Smith Marcus ◽  
Leslie Nico

This chapter focuses on leases. Leases are most commonly associated with transactions involving land, and have been a feature of the law of real property since the Middle Ages. However, other forms of lease have become increasingly prominent in modern times. There are now major industries concerned with the leasing of chattels, such as vehicles or aircraft, and leases of intangible rights have become commonplace in the world of intellectual property. The key feature of such leases is that the lessee obtains the right to exclude others from using the relevant chattel or intellectual property. This is in contrast to a mere licence, by which the licensee obtains only the right to use the chattel or property himself. The chapter looks specifically at leases over land—its nature, historical origins, and whether they can be properly classified as choses in action.


2020 ◽  
Vol 13 ◽  
pp. 7-27
Author(s):  
Janusz Królikowski ◽  

Almost from its very beginning, the faith of the Church incorporated art in its various forms of expression into the process of interpreting its doctrine. Quite quickly the Church included in this process the dogma of creation, i.e. the calling of the world into existence by God. At first, in polemic against ancient Manichaean tendencies, this dogma contributed to a positive view of matter, and thus to the possibility of using it in the realm of religion: since it comes from God, it cannot be an obstacle to worshipping him. Over time, the theme of creation itself was also incorporated into art, above all because it shaped Christian aesthetics, which always in some way reflected the essential elements of the Christian vision of the world and matter: radiance, proportion, harmony. Scholastic theologians in the Middle Ages drew attention to the fact that aesthetics, referring to the creative work of God, can play a supportive role in man’s return to God, thanks to the fact that it lifts his spirit towards the Creator. In the Middle Ages the motif of God the Creator, especially as the Creator of all things, also appeared in art. Under the influence of Enlightenment and positivist tendencies, matter lost its symbolic and theological bearing, becoming only a material made available to man, and thus the motif of creation disappeared from art. This means that there is a need to search for the possibility of including the truth about creation in art.


2008 ◽  
pp. 119-127
Author(s):  
V.R. Buchovskyi

Throughout Christianity, its activities are in one way or another connected to the historical reality of its time. Usually, for different epochs, the strength of these bonds was different, but during the Middle Ages, they were significantly stronger than before and after. It is here that perhaps the most important moment was the rise of Christianity, which spread over a relatively short period of time almost throughout Europe. It was then - and never again in all its history - that the Church was able to participate in the formation of all aspects of its contemporary life (including the social), in accordance with its spirit. When solving this task, it inevitably came in close contact with the "world" and the various forms in which it was represented (ie with culture, state, etc.).


Author(s):  
Jay T. Collier

Chapter 5 continues to investigate the Montagu affair by surveying adjacent doctrines related to the perseverance debate. For instance, Dort’s more narrow definition of perseverance caused difficulties for those holding a more traditionalist view of baptism and regeneration. After looking at Montagu’s baptismal argument against perseverance of the saints, the chapter evaluates published responses to Montagu’s advocacy of baptismal regeneration as well as more private debates where John Davenant and Samuel Ward tried to reconcile a form of baptismal regeneration with Dort’s determination on perseverance. This survey shows division on the efficacy of baptism even within the pro-Dortian party, with readings and receptions of Augustine factoring in. It also reveals further evidence of how a broad-church approach to being Reformed set the Church of England at odds with the international trends of the Reformed churches.


Author(s):  
Olivier Guyotjeannin

This chapter examines administrative documents of the Middle Ages and the major scholarly studies of them. It surveys the number of preserved documents and the problems surrounding the lack of documents in different periods and places. The author discusses the role and influence of the Church in the increased production and preservation of documents beginning in the eleventh century, leading to an enormous increase in the production of documents during the last three centuries of the Middle Ages.


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