Robert Owen (1820–1902)

2019 ◽  
Vol 21 (1) ◽  
pp. 54-68 ◽  
Author(s):  
Norman Doe

This journal has published two distinguished series on the lives and careers of individual jurists in the history of English church law, from the mediaeval period to the late nineteenth century: one by Professor Sir John Baker on ‘famous English canonists’ (1988–1997); and the other by Professor Richard Helmholz on ‘notable ecclesiastical lawyers’ (2013–2017). Most prepared for their professional careers with the study of civil law at Oxford or Cambridge (and before the Reformation also of canon law). Many practised as judges, advocates and proctors in the church courts (until statute ended much of their jurisdiction in the 1850s). Some wrote treatises on church law. A small number were also priests, but less so as the centuries unfolded. While these professional canonists and civilians may have had a monopoly in practising church law, they did not have a monopoly in thinking or writing about it. The clergy, who never trained or practised as lawyers, also had things to say about church law. But the clerical profession has been somewhat neglected by scholarship as a class contributing to the history of church law and jurisprudence. From diocesan bishops through parish priests to clerical scholars in the universities, their books, pamphlets, sermons, letters and other materials often deal with the nature, sources and subjects of church law. Their aims vary: from the educational through the historical or theological to the practical and polemical. These priest-jurists – fathers-in-law, they might quip – contributed much to the intellectual development of church law. One is Robert Owen, a Welsh scholar cleric whose books include Institutes of Canon Law (1884). No scholar has to date unveiled Owen as a notable Anglican priest-jurist – strangely, he has been lost to scholarship as among those whom he himself chided as ‘eminent Canonists’ who ‘hide themselves’ and remain ‘veiled Prophets’.

Author(s):  
Mary E. Sommar

This is the story of how the church sought to establish norms for slave ownership on the part of ecclesiastical institutions and personnel and for others’ behavior toward such slaves. The story begins in the New Testament era, when the earliest Christian norms were established, and continues through the late Roman Empire, the Germanic kingdoms, and the Carolingian Empire, to the thirteenth-century establishment of a body of ecclesiastical regulations (canon law) that would persist into the twentieth century. Chronicles, letters, and other documents from each of the various historical periods, along with an analysis of the various policies and statutes, provide insight into the situations of these unfree ecclesiastical dependents. The book stops in the thirteenth century, which was a time of great changes, not only in the history of the legal profession, but also in the history of slavery as Europeans began to reach out into the Atlantic. Although this book is a serious scholarly monograph about the history of church law, it has been written in such a way that no specialist knowledge is required of the reader, whether a scholar in another field or a general reader interested in church history or the history of slavery. Historical background is provided, and there is a short Latin lexicon.


2020 ◽  
pp. 190-239
Author(s):  
Mary E. Sommar

This is the story of how the church sought to establish norms for slave ownership on the part of ecclesiastical institutions and personnel and for others’ behavior toward such slaves. Chronicles, letters, and other documents from each of the various historical periods, along with an analysis of the various policies and statutes, provide insight into the situations of these unfree ecclesiastical dependents. Although this book is a serious scholarly monograph about the history of church law, it has been written in such a way that no specialist knowledge is required of the reader, whether a scholar in another field or a general reader interested in church history or the history of slavery. Historical background is provided, and there is a short Latin lexicon. This chapter discusses ecclesiastical slavery in the eleventh through thirteenth centuries and provides an in-depth analysis of the official canon law relevant to the question of ecclesiastical servitude.


1989 ◽  
Vol 1 (4) ◽  
pp. 12-26 ◽  
Author(s):  
Rupert Bursell

It is now generally recognised that as a matter of history the canon law was applied, subject to variations by local custom, in pre-Reformation England just as much as throughout the rest of Western Christendom. Indeed such local variations were permitted by the canon law itself. As Professor Brooke concluded in The English Church and The Papacy From The Conquest To The Reign of King John:“The English Church recognised the same law as the rest of the Church; it possessed and used the same collections of Church law that were employed in the rest of the Church. There is no shred of evidence to show that the English Church in the eleventh and twelfth centuries was governed by laws selected by itself.”The same was also true until the Reformation.


1999 ◽  
Vol 50 (4) ◽  
pp. 760-766 ◽  
Author(s):  
PETER BURKE

Every ecclesiastical historian knows, or, dare I say, should know, Lucien Febvre's incisive and polemical article, ‘Une question mal posée’, first published in 1929, in which, beginning with a critique of recent work on the origins of the Reformation, the author ended by calling ecclesiastical history into question. The aim of this article is to place this famous article in context by examining Febvre's main contributions to the history of the Church, or as he preferred to say, the history of religion. Lucien Febvre (1878–1956) was a prolific writer and, although he has not been studied as intensively as his junior colleagues Marc Bloch and Fernand Braudel, his scholarly work has often been discussed. A bibliography published in 1990 listed 2,143 items either by or about Febvre which had been published up to that time. Since the history of religion was one of Febvre's main interests, it follows that this article will have to be rigorously selective, discussing his major contributions to the field together with a few studies of his achievement.In order to give some sense of his intellectual development, Febvre's books and articles on religious history will be discussed in chronological order of publication, before any attempt at an assessment of his reception, cool or warm, or the significance of his work. These books and articles appeared in three clusters, published in 1901–11, 1925–30, and 1941–9 respectively.


Author(s):  
Herman J. Selderhuis

Abstract The Impact of Luther’s Reformation on the development of Church Law in the Netherlands. This essay describes how essential the specific history of the reformation in the Netherlands was for the developments of reformed church law in that country. The Dutch reformation was relatively late and was more Calvinistic than Lutheran. Calvin’s model of structuring the church, the essential effect of the refugee situation of many reformed believers and the fact that the revolt as well as the reformation were movements mainly ,from below‘, result in a church polity with the following characteristics: self-government of each individual congregation, active involvement of all church members, independence towards political authorities and a presbyterial-synodical church organisation. This church model was reached through a series of synodical meetings that started in the 1560ies and came to a conclusion at the Synod of Dordt in 1618/1619.


Author(s):  
Herman J. Selderhuis

AbstractThe Impact of Luther’s Reformation on the development of Church Law in the Netherlands. This essay describes how essential the specific history of the reformation in the Netherlands was for the developments of reformed church law in that country. The Dutch reformation was relatively late and was more Calvinistic than Lutheran. Calvin’s model of structuring the church, the essential effect of the refugee situation of many reformed believers and the fact that the revolt as well as the reformation were movements mainly ,from below‘, result in a church polity with the following characteristics: self-government of each individual congregation, active involvement of all church members, independence towards political authorities and a presbyterial-synodical church organisation. This church model was reached through a series of synodical meetings that started in the 1560ies and came to a conclusion at the Synod of Dordt in 1618/1619.


2020 ◽  
Vol 56 ◽  
pp. 182-209
Author(s):  
Paul Cavill

The break with Rome was enforced through a nationwide programme of oath-taking. The Henrician regime resorted to oaths because they were already fundamental to the functioning of the polity. In the preceding half-century, activities as diverse as heresy prosecution, tax assessment and debt litigation depended upon oaths. Irrespective of their often mundane subject matter, oaths were held to be religious acts. Prolific oath-taking, however, led to frequent oath-breaking. Perjury was therefore a more pressing and broader concept than it is today. It was an offence against God, against oneself and against others. How this crime was prosecuted and punished sheds light on the intersection of religious doctrine, legal systems and social practice in pre-Reformation England. An analysis of perjury also draws attention to a jurisdictional shift that was underway before the Reformation. In 1485, church courts had exercised an extensive cognizance of perjury; by 1535, they no longer did. The most important factor contributing to this decline in ecclesiastical jurisdiction was the constraint imposed by common lawyers on what cases the church courts could hear. Common law defined the crime of perjury more narrowly than did canon law. Hence the contraction of the church's jurisdiction would alter how perjury was perceived.


1940 ◽  
Vol 9 (3) ◽  
pp. 235-252 ◽  
Author(s):  
Vivan A. Peterson

The body of law dealing with discipline, polity, and sacramental administration which has grown up in the history of the church is ordinarily styled Canon Law (jus canonicum), because it is a collection of canons. Canon (derived from the Greek kanon) means a rule, in a material and moral sense. Its original meaning was a straight rod. In apostolic times it signified the truth of Christianity as an authoritative standard of life and a statement of doctrine in general. It is, therefore, easy to understand how the word kanon later came to mean the ecclesiastical legislation which governed the conduct of the faithful. The excellent definition given by Archbishop Cicognani. states that “The Canon Law may be denned as ‘the body of laws made by the lawful ecclesiastical authority for the government of the Church’.”


1984 ◽  
Vol 17 (2) ◽  
pp. 173-180 ◽  
Author(s):  
Bernard Elliott

At the Reformation, three possibilities faced English Catholics. They could continue to be Catholics and so suffer the penalties of the penal laws; they could conform to the Church of England; or they could adopt a middle course and become Church Papists. The Nevills of Nevill Holt, near Market Harborough in Leicestershire, went through all three phases. In the reign of Edward VI, Thomas Nevill I became a Protestant. His grandson, Thomas Nevill II, became a Church Papist under James I; and Thomas II’s son, Henry Nevill I, continued to be one at the time of the Civil War. But Henry l’s son William was definitely a Catholic and went into exile with King James II, while William’s son, Henry Nevill II, was an open Catholic under Charles II. Henry Nevill II’s descendants continued to be Catholics throughout the eighteenth and nineteenth centuries until they left Nevill Holt in the late nineteenth century.


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