Canonists and Standards of Impartiality for Papal Judges Delegate

Traditio ◽  
1969 ◽  
Vol 25 ◽  
pp. 386-404 ◽  
Author(s):  
Richard Helmholz

In Act II, scene iv of Shakespeare's Henry VIII, Queen Catherine is confronted by the start of divorce proceedings against her. One of the two cardinals delegated as judges by the pope is Henry's faithful servant, Cardinal Wolsey, a man little likely to be an impartial judge of the legal merits of the famous case. And so the Queen says to him:I do believeInduced by potent circumstances, that You are mine enemy, and make my challenge You shall not be my judge.Shakespeare does not today enjoy a wide reputation as a canonist, but he has here described with some correctness the canonical recusatio. This is the right, under certain circumstances, to challenge and remove a papal judge delegate for interest, prejudice, or unfitness for office.

1992 ◽  
Vol 31 (1) ◽  
pp. 1-31 ◽  
Author(s):  
Eric Josef Carlson

The abolition of clerical celibacy in England was, according to its first great modern student, Henry Charles Lea, “a process of far more intricacy than in any other country which adopted the Reformation.” Since Lea wrote, historians have come to accept an outline of that process. According to this standard view, it was Henry VIII, acting out of his own personal conservatism, who retained and defended mandatory celibacy in the first stage of the English Reformation. Once the king had died and his leaden foot was removed from the brake, the clergy were able to overwhelm ineffective conservative opposition in the Edwardian government and legalize clerical marriage. The gains of the Edwardian years gave way before the reaction of the Marian period, and they were not reinstated after Mary's death because of the anticonnubial tastes and religious conservatism of Elizabeth I. Throughout this period, so the story goes, the clergy (a majority of them, at least) struggled for the right and privilege of marriage, only to find royal resistance (except briefly under Edward VI) impossible to overcome.This traditional outline is misleading in several respects. Elizabeth I's attitude toward the marriage of the clergy is far more complex than has been recognized. Specific regulations of such unions developed from her desire to establish an ordered church worthy of popular respect and cannot simply be ascribed to a general, almost pathological, personal distaste for marriage or quirky personal religious views.


1923 ◽  
Vol 7 ◽  
pp. 131-155 ◽  
Author(s):  
William Alva Gifford

I was moved to investigate the subject of this study by an admiration of long standing for John Wyclif, and by the feeling that James Gairdner, the latest historian of Lollardy, had done scant justice to the religious movement that began with Wyclif, and that survived through a century and a half to lend powerful aid to Henry VIII, when the hour struck for the rejection of the Roman jurisdiction. When the work was finished, I found myself at a goal not far removed from that of Dr. Gairdner, although I had reached it with less reluctant feet. Dr. Gairdner had the spirit of the true archivist.1 He had no aversion to dust; he could endure even dirt; but disorder, never. And Lollardy, in English society in the fifteenth and early sixteenth centuries, was a source of disorder. I do not revolt at disorder when great changes are necessary. Unlike Dr. Gairdner, I can find great uses for the man who “refused to recant or bow to the opinion of trained judges,” even though they “presumably understood such questions better than himself.” I cannot view the literature of Lollardy, admittedly crude, as “poisonous.” And I respectfully dissent from the view that an admission of the right of sects to exist is “fatal to the essence of Christianity itself.” But I have found ever increasing reason to concur in the conclusion to which Dr. Gairdner's unrivalled knowledge led him, viz., that Lollardy survived through the troubled days of the fifteenth century to “help Henry VIII put down the Pope,” that Henry's reformation of the Church was “precisely on Lollard lines,” and that “Lollardy affected the Church more and more after his death.”


2020 ◽  
pp. 1-6
Author(s):  
Stephen Wall

I stand in the Frick gallery in New York, staring at the two sixteenth-century Holbein portraits on the wall in front of me. On the left is Thomas More, on the right, Thomas Cromwell. They look as they must have been. Both lost their heads to the tyrant Henry VIII, whom they both served. But their portraits are timeless, modern in their precision, acute in their revelation of character. No way can the piggy-eyed, clever thug that Holbein saw in Cromwell be reconciled with the sympathetic version created by Hilary Mantel in ...


Archaeologia ◽  
1836 ◽  
Vol 26 ◽  
pp. 395-405
Author(s):  
Frederic Madden

The interest attached by all antiquaries to the Household Book of Henry Algernon Percy, fifth Earl of Northumberland, edited by the Bishop of Dromore in 1770, will probably offer a sufficient apology for my troubling the Society, through you, with a Document relating to the same Nobleman, whose magnificence, love of the arts, and patronage of literature, entitle him to the admiration and respect of all acquainted with his character. We are informed by Hall,a the contemporary historian, that in the beginning of the fifth year of King Henry the Eighth, the Earl of Northumberland was one of the noblemen selected to take a part in the expedition then preparing against France, and that he was present at the sieges of Terouenne and Tournay, in the rearward division of the army, under the command of Lord Herbert, Lord Chamberlain, afterwards created Earl of Worcester. This statement is illustrated by an article (communicated by the Earl of Egremont), annexed to the reprint of the Northumberland Household Book in the “Antiquarian Repertory,” vol. iv. second edit, intitled “Equipage of the right honourable Henry Earl of Northumberland, at the siege of Turwin, in France, 5 Henry VIII”b It thence appears, that the King's first letter of summons to the Earl, was dated from Greenwich, 22 Feb. anno regni 4, [1512–13] ordering him to raise 500 men, of which 100 were to be demi-lances on horseback, 300 archers, and 100 bill-men on foot. A second letter was sent on the 13th of April following, signifying the King's pleasure, that the Earl and his retinue sh⊙uld repair to the ports of Dover or Sandwich by the 28th of May; which was immediately complied with, since we know from Hall, that the whole of the troops under Lord Herbert landed at Calais on the 31st of that month. In the same MS. is an account of the “parcels of stuffe” prepared for the Earl and his attendants, which is extremely curious, as it shews minutely the war-equipment of a nobleman of the first rank at this period, and forms a very amusing supplement to the information previously afforded of the same nobleman's style of living in domestic life.


1997 ◽  
Vol 7 ◽  
pp. 177-195 ◽  
Author(s):  
C. S. L. Davies

The 1530s always remained classic Elton territory, in spite of later and fruitful excursions into the Cecilian world and beyond. How distinctive were the thirties? Are we still justified in talking about a ‘Revolution’? In a historical climate which puts the accent on continuities, such talk has become unfashionable. Productive reform was characteristic of the Wolsey ministry, of the reigns of Henry VII and of Edward IV, and perhaps had its origin with Margaret of Anjou's regime. Equally historians are now very aware of the gap between aspiration and reality, the sheer difficulty of effecting real change, and especially in such areas as religious practice. They are also aware of how un-revolutionary in many respects were the succeeding years; of how many of the initiatives of the thirties were not followed up in the later year of Henry VIII or even in the otherwise revolutionary reign of Edward VI; above all of the Elizabethan regime with its avoidance whenever possible of confrontation and its attempts to recreate many of the ancient continuities. The thirties did represent a watershed in very many areas, did introduce changes which would be difficult if not necessarily impossible toreverse. But to try to make the thirties the fulcrum around which English history revolves is to invite refutation and the probability that the degree of real change will be underestimated as a result. Where, for instance, Tudor Revolution in Government deals with the particular it remains a remarkable work: inevitably sharpened by subsequent research, but none the less pointing in the right direction on changes in die financial departments, and above all in the evolution of a formal Privy Council.


Archaeologia ◽  
1883 ◽  
Vol 47 (2) ◽  
pp. 295-336 ◽  
Author(s):  
Charles Trice Martin
Keyword(s):  

The Roll of Accounts, which is here printed in full, is the property of Colonel Smyth of Welwyn, and was sent to the Society for exhibition by the Right Rev. the Bishop Suffragan of Nottingham, D.D., F.S.A. There are, in fact, two separate rolls, measuring in length, the first six feet six inches, the second twelve feet. Each roll is composed of sheets of paper sewn together, and the reason for the two being now joined is, that they were presented for audit as one account; and the receipt for the balance due to the king is still appended to them.


Archaeologia ◽  
1775 ◽  
Vol 3 ◽  
pp. 414-425
Author(s):  
William Blackstone
Keyword(s):  

The Seal, which I have the honour to present to the Society through your hands, was found some years ago in pulling down an old house in Oxford. It is made of copper, with a brass handle behind it, which turns down for the convenience of carriage in the pocket. Its breadth is one inch and ⅝, and its length two inches and ¾. Its sides are formed by two segments of a circle, of which the breadth of the Seal is the radius, uniting in a point at the top and bottom. The device is the royal arms, viz. France and England, quarterly; surmounted by an arched crown, and supported by a lion crowned on the right, and by a dragon on the left; in nearly the same attitudes as those stamped on the gold sovereigns of the 34th and 36th of Henry VIII. The dragon evinces this Seal to have been engraved under some of the princes of the house of Tudor; who all used this supporter in memory of their descent from Cadwallader. And its being placed on the left side, and accompanied by a lion (crowned) on the right, seems to fix it to some period betwen A. D. 1542 and 1554, or else to the reign of queen Elizabeth.


Author(s):  
J. Anthony VanDuzer

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.


2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.


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