scholarly journals “PER CLERUM ET POPULUM”? LEGAL TERMINOLOGY AND EPISCOPAL APPOINTMENTS IN DENMARK 1059–1225

Traditio ◽  
2016 ◽  
Vol 71 ◽  
pp. 143-178
Author(s):  
ANNA MINARA CIARDI
Keyword(s):  
Special Reference ◽  
Twelfth Century ◽  
Canon Law ◽  
Legal Development ◽  
The Church

The phrase per clerum et populum (“by clergy and people”) was traditionally used to describe how the election of a bishop had been or should be undertaken. Over the course of the twelfth century this changed. Ecclesiastical legislation was step by step revised and codified. The aim of the reformers was to safeguard the autonomy of the Church and to reduce lay influence. The purposes of this article are, first, to examine legal terminology in the context of episcopal appointments from 1059 to 1215, with special reference to the formula per clerum et populum and the role of cathedral chapters as electoral bodies; second, to examine how episcopal appointments were actually undertaken and what terminology was used in the kingdom of Denmark until circa 1225; and, third, to share some ideas about the development of canon law in the context of “cathedral culture.” My conclusions are, first, that the mode of election per clerum et populum was gradually replaced and eventually became invalid, parallel to a legal development where cathedral chapters became the “proper” electoral body; second, that the monastic ideals of ecclesiastical freedom prompted by the reformers are evident in normative texts from cathedral chapters in Denmark already in the first quarter of the twelfth century; and, finally, that the legal developments strongly contributed to the formation of capitular institutions and a specific cathedral culture, which was rooted in monasticism but also differed from it, not least with regard to its legal functions.

Remembering Pope Gregory VII: Cardinal Boso and Alexander III

2013 ◽  
Vol 49 ◽  
pp. 87-98
Author(s):  
John Doran
Keyword(s):  
Twelfth Century ◽  
Canon Law ◽  
Sixth Century ◽  
Gregory The Great ◽  
Christian Thought ◽  
Near Future ◽  
The Church

In the conclusion to his masterly biography of Pope Gregory VII (1073–85), H. E. John Cowdrey notes the paradox that the pope so lionized by modern historians, to the extent that the age of reform bears his name, was largely forgotten in the twelfth century and made little impact on Christian thought, spirituality or canon law. Cowdrey is not alone in his observation that Gregory ‘receded from memory with remarkable speed and completeness’; when he was remembered, it was as a failure and as one who brought decline upon the church. For Cowdrey, the answer to this conundrum lay in the fact that Gregory VII was in fact far closer to the ideals of the sixth century than of the twelfth; he was a Benedictine monk and shared the worldview and oudook of Gregory the Great (590–604) rather than those of the so-called lawyer popes Alexander III (1159–81) and Innocent III (1198–1216). Yet within a century of Gregory’s death he was presented by Cardinal Boso as a model pope, who had overcome a schismatic emperor and the problems which his interference had precipitated in Rome. For Boso, writing for the instruction of the officials of the papal chamber, the very policies set out by Gregory VII were to be pursued and emulated. Far from being a peripheral and contradictory figure, with more in common with the distant past than the near future, Gregory was the perfect guide to the beleaguered Pope Alexander III, who was also struggling against a hostile emperor and his antipope.

Friendship and Rivalry: The Role of Amicitia in Twelfth-Century Monastic Relations

1993 ◽  
Vol 44 (3) ◽  
pp. 390-414 ◽  
Author(s):  
Julian Haseldine
Keyword(s):  
Twelfth Century ◽  
Christian Life ◽  
The Bible ◽  
To Come ◽  
The Church

The proliferation of new monastic orders in the twelfth century presented the Church with a dilemma which had previously challenged the theologians of Christendom: the flowering of diversity within the unity of the faith. Just as theologians had had to resolve contradictions among the writings of the Fathers – the primary authorities for the interpretation of the Bible, and hence the elucidation of God's truth as it was perceived – so, in the new climate of monastic revival, ecclesiastical leaders had to come to terms with the existence of a variety of new interpretations of the Rule of St Benedict, and indeed that of St Augustine – the primary guides to the living of a true Christian life.

Episcopal Election in Novgorod, Russia 1156–1478

2003 ◽  
Vol 72 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Michael C. Paul
Keyword(s):  
Middle Ages ◽  
Twelfth Century ◽  
Canon Law ◽  
Modern Times ◽  
Lay Participation ◽  
The People ◽  
Investiture Controversy ◽  
The Right

Episcopal election in Western Christianity evolved considerably over the course of the fifth to the twelfth centuries. In the early part of this period, an open electorate consisting of the clergy and the people (clerus et populus), as well as the diocesan clergy and the metropolitan archbishop, all took part in the election and consecration of a new bishop. Over the course of several centuries, the local prince came increasingly to dominate the process due both to Germanic and Roman traditions of the role of the prince and to the growth in power of the local rulers over the course of the Middle Ages. Efforts to harmonize the discordant views of a “democratic” versus an elite (either princely or clerical) electorate with the ideals of canon law, which forbade lay participation in episcopal election, led to assertions that the clergy were to elect the bishop with the people and the prince giving their assent to the bishop-elect. However, with the Gregorian reforms of the twelfth century, the right of the clergy in episcopal elections became preeminent as the reformers sought to enforce the canon laws and exclude the laity from episcopal election, especially in light of past princely abuse. Despite the apparent victory of the reformers in the Investiture Controversy, the local ruler continued to play a preeminent role in episcopal appointments (or elections) into modern times, though the principle of election “by the clergy and the people” fell into disuse.

scholarly journals VII.—Lessing's Religious Development with Special Reference to His Nathan the Wise

PMLA ◽  
1893 ◽  
Vol 8 (3) ◽  
pp. 335-379
Author(s):  
Sylvester Primer
Keyword(s):  
Special Reference ◽  
Middle Ages ◽  
New Testament ◽  
Canon Law ◽  
Early Church ◽  
Religious Development ◽  
The Bible ◽  
Church Hierarchy ◽  
The New Testament ◽  
The Church

The primitive purity of the early Church soon yielded to a Church hierarchy. In those early times, before the New Testament was admitted to equal canonical authority with the Old, the Church became the supreme authority and the Bible was subordinate. After the incorporation of the New Testament into the Bible, the Scriptures and the Church appear to be coördinate authority in the patristic writings of that period. During the Middle Ages the Church grew rapidly in political power and the influence of the Scriptures waned accordingly, so that Dante complains of the way in which not merely creeds and fathers but canon law and the decretals were studied instead of the gospels.

scholarly journals The notion of participatory democracy in relation to local ward committees: The distribution of power

2017 ◽  
Vol 51 (1) ◽  
Author(s):  
Leepo J. Modise
Keyword(s):  
South Africa ◽  
Special Reference ◽  
Participatory Democracy ◽  
Research Question ◽  
Ethical Question ◽  
Roles And Responsibilities ◽  
Distribution Of Powers ◽  
Distribution Of Power ◽  
The Church

This article comprises four important parts: first, the two important components of democracy, namely participatory and non-participatory or representative democracy will be discussed with special reference to the distribution of powers. Second, it will address the roles and responsibilities of ward committees within the democratic society. Third, the ethical question of the basis of the committee members’ capacity to serve on the ward committees in relation to coercive leadership (tyranny of the majority) will be investigated. Fourth, the theological standpoint on the distribution of powers or participatory democracy and the role of the church to improve participatory democracy will be discussed. The research question is the following: What can be done by the country to improve participatory democracy in South Africa, through engagement with ward committees?

scholarly journals The Role of the Altar and Tabernacle in the Catholic Church Interior in the Light of Post-conciliar Recommendations and Architectural Arrangement of the Church Interior

2021 ◽  
Vol 48 (4) ◽  
pp. 250-277
Author(s):  
Mirosław Bogdan
Keyword(s):  
Catholic Church ◽  
Vatican Ii ◽  
Canon Law ◽  
Code Of Canon Law ◽  
Community Of Faith ◽  
Liturgical Renewal ◽  
The Aesthetic ◽  
The Church ◽  
The Catholic Church

The article defines the role of the altar and tabernacle in the contemporary architectural sacred interior treated as domus ecclesiae, designed to fulfill liturgical functions in accordance with the post-conciliar renewal of Vatican II. The article takes into account the problem of celebrating Holy Mass. by the celebrant with his back to the tabernacle located centrally behind the post-conciliar altar. With reference to the irreversibility of the liturgical renewal, apart from the ordinary form of the Roman rite, the existence of the extraordinary (Tridentine) form of this rite, also accepted by Vatican II, is taken into account.  By presenting the presence of the post-conciliar altar brought closer to the zone of the faithful, the meaning of the Code of Canon Law is defined. The article, defining the irreversibility of the liturgical renewal, presents the location of the tabernacle separated from the altar, built architecturally in the nave or chapel of the church. At the same time, the aesthetic beauty of the liturgical interior furnishings is determined, when all this exists in accordance with the post-conciliar ordinances and serves to build a community of faith.

scholarly journals Uzupełnienie braku upoważnienia do asystowania przy zawieraniu małżeństwa wyrazem ochrony dobra wspólnego

2019 ◽  
Vol 30 (3) ◽  
pp. 5-56
Author(s):  
Wojciech Góralski
Keyword(s):  
Canon Law ◽  
Historical Context ◽  
The Other ◽  
Executive Power ◽  
Code Of Canon Law ◽  
Legal Form ◽  
Common Error ◽  
The Church ◽  
Current Code

Even though marriage arises from the consent of parties (can. 1057 § 1 of the Code of Canon Law), it is necessary to preserve the canonical form (ordinary or extraordinary) for the validity of this relationship. Assuming that the form of marriage was established in order to eliminate secret marriages, canon 144 § 1 of the current Code of Canon Law states that in the event of factual or legal common error and in positive and probable doubt of law or of fact, the Church supplies executive power of governance for both the external and internal forum. Canon 144 § of the same Code, on the other hand, declares that the same provision applies to the powers referred to, e.g. in canon 1111 § 1 of the Code of Canon Law. This canon regulates that a local ordinary can delegate (to priests and deacons) of assisting at celebrating marriages. After discussing the role of a marriage witness and the character of his/her delegation as well as the development of legal form of supplying this delegation, the author takes up the issue of supplying this delegation in an event of common error or positive and probable doubt of law or fact in historical context, and then provides examples of supplying the delegation to assist in marriage in sentences of the Tribunal of the Roman Rota (from years 1992 -2006), including a precedent-setting sentence in the case of Stankiewicz of 15 December 1992. In conclusion, attention was paid to the ratio legis of the legal norm on supplying the delegation, which is bonum commune.

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