scholarly journals Introduction

1865 ◽  
Vol 91 ◽  
pp. i-xxxiv
Keyword(s):  
Thirteenth Century ◽  
Public Nature ◽  
Magna Carta ◽  
The Church

The volume now presented to the reader, and entitled “Registrum Prioratus Beatæ Wigorniensis,” contains documents of many kinds. Some few are of a public nature, such as the Magna Carta, de Libertatibus Angliæ, 9 Henrici III. 1224, the Carta de Libertatibus Forestæ of the same year, the Novæ Provisiones Angliæ, 44 H. III. 1259, and the Provisiones de Merton, 20 H. III. 1235. Others are Precedents of forms to be observed upon the vacancy of a Bishopric, for announcing the vacancy, and for obtaining from the Crown licence to elect. There are also Royal, Episcopal, and Private charters relating to the possessions and privileges of the Church at Worcester, together with records of proceedings in law suits before the Justices in Eyre. The larger portion, however, of the volume consists of a Descriptive Rental, as it may be termed, of the Possessions of the Benedictine Monastery of Worcester in the middle of the thirteenth century, including as well the Spiritual Revenues derived from Churches and Tithes, as the Temporal Revenues derived from Manors and Lands.

Non-Alienation Clauses in Thirteenth-Century English Charters

1985 ◽  
Vol 17 (1) ◽  
pp. 1-14
Author(s):  
Scott L. Waugh
Keyword(s):  
Thirteenth Century ◽  
Twelfth Century ◽  
Legal Reforms ◽  
Long Line ◽  
The Family ◽  
Magna Carta ◽  
Royal Courts ◽  
The Right ◽  
The Church

During the thirteenth century, English lords acted to halt the deterioration of their feudal powers brought about by social and legal changes at the end of the twelfth century. Their determination produced a long line of legislation on feudal incidents, mortmain, and subinfeudation that stretched from Magna Carta to the Statute of Quia Emptores in 1290. Yet, until that legislation was finally in place, landlords had to find other methods of maintaining their lordship over free tenures. Professor Donald Sutherland, for example, has shown that lords asserted “a new authority to take into their hands the holdings of their free tenants if the tenants attempted to alienate the holdings in ways that prejudiced the lord's rights.” Lords also used conditional grants to restrict alienation, and beginning in the early thirteenth century, they played an important role in the effort to reassert tenurial lordship. Conditional grants have been studied primarily in the context of the family, which used them to create marriage portions, jointures, and entails. This study of a sampling of cartularies and charters, however, analyzes the different forms of restrictions on alienation in order to demonstrate how lords used the expanding remedies of the royal courts to reinforce their private lordship.The right to consent to a tenant's alienation of his holding had been an essential prop of lordship prior to Henry II's legal reforms. Through his consent, the lord could determine the acceptability of his tenants and ensure the adequate performance of services attached to the holdings. He also protected himself against a serious loss of resources through grants in alms to the Church or through dowries to women marrying out of his lordship. Seizure of the tenement was the sanction that lords used to enforce their rights of consent. If a tenant failed to obtain that consent, he lost his land.

University Education and English Ecclesiastical Lawyers 1400–1650

2011 ◽  
Vol 13 (2) ◽  
pp. 132-145 ◽  
Author(s):  
Richard Helmholz
Keyword(s):  
Thirteenth Century ◽  
Legal Education ◽  
University Education ◽  
Legal Practice ◽  
Negative Opinion ◽  
Ius Commune ◽  
The Law ◽  
The Church ◽  
Academic Study

Most recent historians have expressed a negative opinion of the quality of legal education at the English universities between 1400 and 1650. The academic study of law at Oxford and Cambridge, they have stated, was easy, antiquated and impractical. The curriculum had not changed from the form it assumed in the thirteenth century, and it did little to prepare students for their careers. This article challenges that opinion by examining the inner nature of the ius commune, the law that was applied in the courts of the church, and also by examining some of the works of practice compiled by English civilians during the period. Those works show that the negative opinion rests in part upon a misunderstanding of the nature of legal practice during earlier centuries. In fact, concentration on the texts of the Roman and canon laws, as old-fashioned as it seems to us, was well suited for the tasks advocates and judges would face once they left the academy. It also provided the stimulus needed for advance in the law of the church itself; their legal education made available to potential advocates and judges skills that would permit a sophisticated application of the ius commune, one better suited to their times. The article provides evidence of how this happened.1

Assessing the Risk

2016 ◽  
Vol 18 (3) ◽  
pp. 316-330
Author(s):  
Nicholas Coulton
Keyword(s):  
Child Abuse ◽  
Church Of England ◽  
High Profile ◽  
Public Figures ◽  
Magna Carta ◽  
False Accusations ◽  
The Church

While the English Church shared in celebrating the 800th anniversary of Magna Carta, not least its own part in gaining those rights for everyone, the Church of England was reversing the principle that people are innocent until proved guilty. Such is the pressure of today's concern about child abuse, historic and present. As evidence mounts of the injustices done by false accusations against some high-profile public figures, we are less aware of the toll on other individuals whose turmoil does not hit the headlines. Those teaching and caring are often targeted for claims, and the Church of England has been toughening its procedures.

Papal Legates against the Albigensians: The Debts of the Church of Valence (1215–1250)

Traditio ◽  
2013 ◽  
Vol 68 ◽  
pp. 259-276
Author(s):  
D. Dudley Stutz
Keyword(s):  
Middle Ages ◽  
Thirteenth Century ◽  
Detailed Treatment ◽  
Northern Portion ◽  
Rhone Valley ◽  
The Church ◽  
The Middle Ages

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.

The Theory of Papal Monarchy in the Thirteenth Century: The Contribution of the Canonists

Traditio ◽  
1964 ◽  
Vol 20 ◽  
pp. 179-317 ◽  
Author(s):  
J. A. Watt
Keyword(s):  
Political Theory ◽  
Thirteenth Century ◽  
Political Thought ◽  
Source Material ◽  
Academic Literature ◽  
The World ◽  
The Law ◽  
The Church ◽  
Christian Society

The work of the medieval canonists has always formed a significant chapter in the histories of medieval political thought. The law of the Church and its attendant juristic science forms the proper source material for the examination of the system of ideas which lay behind the functioning of papal government. Ecclesiastical jurisprudence was the practical branch of sapientia Christiana. It was concerned with a constitution and the exercise of power within its terms; with an organization and the methods by which it was to be run. It had of necessity to be articulate about the nature of the papacy, the constitutional and organizational linchpin. In consequence the canonists were the acknowledged theorists of papal primacy. To them rather than to the theologians belonged that segment of ecclesiology which treated of the nature of the Church as a visible corporate society under a single ruler. In that period of nearly a century which lay between the accession of Alexander III and the death of Innocent IV, canonists were required to register the increasingly numerous and more diverse applications of papal rulership to the problems of Christian society. The concept of papal monarchy came to be reexamined in academic literature because of the accelerating tempo of papal action. Under the stimulus of an active papacy, the canonists were led to examine many of the assumptions on which the popes based their actions and claims. The world of affairs conditioned the evolution of a political-theory, which in turn helped to shape the course of events.

scholarly journals The vision of Saint Peter of Alexandria, from the Church of St. Archangels in Prilep: Iconographical research

Zograf ◽  
2012 ◽  
pp. 83-88
Author(s):  
Saso Cvetkovski
Keyword(s):  
Thirteenth Century ◽  
Wall Painting ◽  
Saint Peter ◽  
The Church

This text is dealing with a rare thematic innovation that appeared in Byzantine wall painting of the thirteenth century. In particular, the author explores the iconography of the Vision of Saint Peter of Alexandria as found in the Church of St. Archangels in Prilep around 1270. He argues that this work manifests a key moment in the development of this composition over the course of the thirteenth century. This links the same motif found in Melnik from the beginning of the thirteenth century, and a composition from the Church of the Virgin Peribleptos in Ohrid from 1294/1295. In the end, place of the Vision in the painted program of the western part of the Church of St. Archangels in Prilep is analyzed.

scholarly journals Maria-Ecclesia and the Meaning of Marriage in the Late 13th Century

2017 ◽  
Vol 21 ◽  
pp. 153-169 ◽  
Author(s):  
Marilyn Aronberg Lavin
Keyword(s):  
Thirteenth Century ◽  
13Th Century ◽  
Human Love ◽  
Sexually Explicit ◽  
The Church ◽  
Visible Human ◽  
Assumption Of The Virgin

By the end of the thirteenth century, the Church of Rome defined human marriage as incomplete before consummation in virtuous carnal intercourse. This article focuses on Cimabue’s emotionally charged and sexually explicit fresco representation of the Assumption of the Virgin, and shows that its stylistic verisimilitude makes visible human love as proof of the spiritual miracle of the Mystic Marriage of Christ and Maria-Ecclesia.

Simon of Pattishall, Pioneer Professional Judge

1977 ◽  
Vol 9 (2) ◽  
pp. 115-127 ◽  
Author(s):  
Ralph V. Turner
Keyword(s):  
Twentieth Century ◽  
Thirteenth Century ◽  
Twelfth Century ◽  
Common Law ◽  
Civil Servant ◽  
Law And Order ◽  
Middle Years ◽  
Magna Carta ◽  
English Law

The latter part of the twentieth century may not find many of us wishing to pay tribute to bureaucrats, but as Helen Cam reminded us, the civil servant “deserves more credit than he has yet had for building up and maintaining our precious tradition of law and order.” In the late twelfth century and the thirteenth century the process of “bureaucratization” first got underway in England. An early professional civil servant, one specializing in judicial activity, was Simon of Pattishall. His name surfaces in the records in 1190, and it disappears after 1216. His time of activity, then, coincides with an important period for English common law: the years between “Glanvill” and Magna Carta.Simon was one of that group of royal judges who might be termed the first “professionals,” a group that took shape by the middle years of Richard I's reign. By the time of John, about ninety men acted at various times as royal judges, either at the Bench at Westminster, with the court following the king, or as itinerant justices. Many of these had only temporary appointments, making circuits in the counties; but a core of fifteen, who concentrated on the work of the courts, can be regarded as early members of a professional judiciary. Simon of PattishalPs is perhaps the most respected name among the fifteen. He had the longest career on the bench, from 1190 until 1216. He founded a judicial dynasty, for his clerk, Martin of Pattishall, became a judge, as did his clerk, William Raleigh, who had as his clerk Henry of Bracton, author of the great treatise on English law.

Public Order

2018 ◽  
pp. 173-206
Author(s):  
Angie Heo
Keyword(s):  
Church And State ◽  
Suez Canal ◽  
Public Order ◽  
The Public ◽  
Public Nature ◽  
Material Circulation ◽  
Port Said ◽  
The Church

“Public Order” engages the public nature of holy personhood by examining how the church and state regulate the publicity of miracles across the Christian-Muslim divide. Building on the overlap between Christian and Islamic worlds of holy visions and healing, it turns to the case of a Coptic woman whose dream led to controversy between Christians and Muslims along the Suez Canal. This chapter centers on the miracle-icon of the Virgin in Port Said and the efforts of Egyptian security officials to manage its public circulation. It shows how the policing of public order led to the polarizing segregration of Christians and Muslims, transforming the material circulation of holy power in the process. The containment of the icon, made into a “communal” image, continues to generate new suspicions, rendering open shrines into outposts of secrecy.

The Church and Magna Carta

Theology ◽  
1965 ◽  
Vol 68 (540) ◽  
pp. 266-272
Author(s):  
C. R. Cheney
Keyword(s):  
Magna Carta ◽  
The Church
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