scholarly journals The “Tatar Marriage” between the Widow and Youn­ger Brother of Andrei Mstislavich of Chernihiv

2020 ◽  
Vol 8 (4) ◽  
pp. 771-783
Author(s):  
Leonid V. Vorotyntsev ◽  
Keyword(s):  
Customary Law ◽  
Practical Reasons ◽  
Strong Reaction ◽  
Legal Norms ◽  
Old Russian ◽  
Church Courts ◽  
Ruling Elites ◽  
Church Law ◽  
Mongol Empire ◽  
The Church

Research objectives: To study Russian-Horde relations in the period of formation of Russian principalities’ dependence on the Mongol Empire and the ulus of Jochi – a historical phase connected with a 1246 trip of a Russian prince and the widow of his elder brother to Batu. This elder brother, Prince Andrei, had been executed earlier by the Mongols. The aim of the work is to clarify the causes and consequences of the conflict situation that arose as a result of the refusal of Andrei of Chernihiv’s relatives to permit a marriage “according to the Tatar custom”. Research materials: Russian chronicles and collections of Church law (Just Measure, canonical answers of Metropolitan John II [1080–1089]), the so-called “Books of the Pilot”, princely statutes (Statute of Prince Yaroslav of the Church courts), religious letters, the Lyubetsky Synod, as well as some Latin and Muslim sources. Results and novelty of the research: Based on an analysis of the information contained in Old Russian sources of Church law, chronicles, princely religious letters, the reports of the papal diplomat John of Plano Carpini and accompanying representatives of the Franciscan mission, C. de Bridia and Benedict of Poland, as well as sources containing information about the legal norms and customary law of the Mongols (e.g. the travel accounts of William of Rubruck, Marco Polo, and Ibn Battuta), the author comes to the following conclusions: Batu’s demand for marriage between the widow and younger brother of the previously executed Prince Andrei Mstislavovich of Chernihiv “according to the custom of Tatars” fully corresponded to Mongol customary law. However, it came into sharp contrast with two canonical prohibitions of Russian Church law: the ban on marriages of closely related individuals and marriage without a Christian wedding. Possible practical reasons for the Mongol marriage demand could include the desire of the authorities of the ulus of Jochi to exclude the younger brother of Prince Andrei from the number of contenders to rule the Chernihiv Principality, the desire to test the political loyalty of applicants for the inhe­ritance of the executed prince, and an aim to eliminate the dual rule which was ostensibly established in the Chernihiv Principality after the death of its previous ruler. The refusal of the brother and widow of Andrei of Chernihiv to comply with the Batu’s demand caused a strong reaction of the Horde’s authorities, ending in a ritual of forced marriage. This ritual was accompanied by a series of humiliating processes, one of the likely goals of which was to demonstrate to the Russian ruling elites the priority of Mongol legal norms over the legal norms of states that were politically dependent on the Jochids.

Robert Owen (1820–1902)

2019 ◽  
Vol 21 (1) ◽  
pp. 54-68 ◽  
Author(s):  
Norman Doe
Keyword(s):  
Canon Law ◽  
Intellectual Development ◽  
Late Nineteenth Century ◽  
Church Courts ◽  
Professional Careers ◽  
The Reformation ◽  
History Of ◽  
Church Law ◽  
Parish Priests ◽  
The Church

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’.

scholarly journals Prozhitok as the Estate in Land in the Muscovite State: from the 16th Century to the First Half of the 17th Century

2019 ◽  
Vol 14 (1) ◽  
pp. 34-56
Author(s):  
Ekaterina Staroverova
Keyword(s):  
Military Service ◽  
Family Members ◽  
17Th Century ◽  
Customary Law ◽  
Legal Norms ◽  
Land Plot ◽  
15Th Century ◽  
New Type ◽  
The Church

In the Muscovite State of the second half of the 15th century the pomest’e system began to take shape. The pomest’e estates were granted by the crown or the church on condition of service and held for a period of service only. The holders were not entitled to dispose of pomest’e lands, and their estates were not hereditary. It raised the question of how the needs of retired servicemen and decedents’ family members should be supplied. The question was resolved by means of prozhitok — the law institution that provided the opportunity for the above-mentioned persons to obtain a part of pomest’e land without condition of service.The prozhitok estate provided the limited proprietary right in land. It was granted for a lifetime of a holder who was not entitled to dispose of the land plot. The decisions to grant the prozhitok estates were taken by the landowners (the crown or the church) on a basis of a petition. The sizes of granted land plots were determined on a case-by-case basis. The unified rules for determination of land plots’ sizes were established only in the second quarter of the 17th century.The prozhitok estate could be granted only to the holders of the pomest’e estates and their family members unable to do military service and thus not eligible to obtain or retain the pomest’e estates. In most cases the prozhitok estates were granted to the widows and unmarried daughters of the deceased holders of the pomest’e estates or more rarely to their mothers and unmarried sisters. Also the prozhitok estates could be granted to the holders of the pomest’e estates retired from service because of old age or ailment and to the sons of the deceased holders unable to do military service because of ailment.Typically, the prozhitok estate was considered as terminated after the death of its holder or taking the monastic vows. It was also considered terminated when its female holder entered into marriage. When the prozhitok estate was terminated the land plot was returned to the crown or the church and then granted to some serviceman as the pomest’e estate. It means that the land plot was held without condition of service only temporarily. The lack of vacant pomest’e lands forced the landowners to grant the land plots before the prozhitok estates termination. So the new type of grant — pozhid — was invented. The pozhid estate resembled the pomest’e estate on hold: the exercise of the holder’s rights was delayed until the prozhiok estate termination. For several reasons such grants were forbidden in 1621–1622. Over many years prozhitok developed as the institution of customary law. It became the subject of legislative regulation only in the twenties of the 17th century. The enactment of Sobornoye Ulozhenie in 1649 was crucial for the prozhitok institution as the code generalized the experience in application of legal norms and systematized the acts related to the prozhitok estates.

Led by the Spirit and the Church: Finland's Licensed Lutheran Lay Preachers, c.1870–1923

2021 ◽  
Vol 57 ◽  
pp. 277-299
Author(s):  
Matleena Sopanen
Keyword(s):  
Modern Society ◽  
Institutional Control ◽  
Lutheran Church ◽  
Church Life ◽  
Church Law ◽  
The Right ◽  
The Church ◽  
Growing Population ◽  
Church Buildings

This article examines the interplay between religious agency and institutional control. The Church Law of 1869 gave members of the Lutheran Church of Finland the right to apply to chapters for permission to preach. Men who passed the examinations became licensed lay preachers, who could take part in teaching Christianity and give sermons in church buildings. Applicants had varying backgrounds, skills and motivations. In order to avoid any disruption in church life, they had to be screened carefully and kept under clerical supervision. However, licensed lay preachers could also be of great help to the church. In a rapidly changing modern society with a growing population and a recurring lack of pastors, the church could not afford to disregard lay aid. The article shows how the Lutheran Church both encouraged and constrained the agency of the licensed lay preachers.

Church Discipline in the Later Middle Ages: the Priors of Durham as Archdeacons

2004 ◽  
Vol 40 ◽  
pp. 95-105
Author(s):  
Margaret Harvey
Keyword(s):  
Recent Work ◽  
Middle Ages ◽  
Fourteenth Century ◽  
Local Level ◽  
Church Discipline ◽  
Full Account ◽  
Church Courts ◽  
Medieval Church ◽  
The Church ◽  
The Way

It is often forgotten that the medieval Church imposed public penance and reconciliation by law. The discipline was administered by the church courts, among which one of the most important, because it acted at local level, was that of the archdeacon. In the later Middle Ages and certainly by 1435, the priors of Durham were archdeacons in all the churches appropriated to the monastery. The priors had established their rights in Durham County by the early fourteenth century and in Northumberland slightly later. Although the origins of this peculiar jurisdiction were long ago unravelled by Barlow, there is no full account of how it worked in practice. Yet it is not difficult from the Durham archives to elicit a coherent account, with examples, of the way penance and ecclesiastical justice were administered from day to day in the Durham area in this period. The picture that emerges from these documents, though not in itself unusual, is nevertheless valuable and affords an extraordinary degree of detail which is missing from other places, where the evidence no longer exists. This study should complement the recent work by Larry Poos for Lincoln and Wisbech, drawing attention to an institution which would reward further research. It is only possible here to outline what the court did and how and why it was used.

LEXICOGRAPHICAL PORTRAIT OF THE LEXEME «POGRYAZNUT’» (X - XVII CENTURIES)

2021 ◽  
pp. 23-30
Author(s):  
Е.Ю. Долгова
Keyword(s):  
Native Speakers ◽  
Word Formation ◽  
Russian Language ◽  
Distinctive Features ◽  
Old Russian ◽  
Slavonic Language ◽  
Abstract Nouns ◽  
Derivatives Of ◽  
The Church ◽  
The Russian Language

Статья посвящена описанию глагола «погрязнуть» по лексикографическим источникам, фиксирующим словарный состав русского языка X - XVII вв. В работе используется метод лингвистического портретирования, позволяющий объединить данные этимологических и исторических словарей и увидеть динамику развития семантического, словообразовательного, сочетаемостного и стилистического потенциала языковой единицы в диахронии. В статье подробно изложены материалы этимологических и исторических словарей русского языка, приведены и описаны многочисленные варианты употребления имперфектива грязнуть и перфектива погрязнуть, зафиксированные в словарях, содержащих лексику древнерусского и старорусского периодов: гр#зъти, гр#зhти, гр#зити, гр#знqти, погрязати - погр#зти, погр#зити, погр#знqти. Установлено, что в древнерусском языке глагол гр#зноути (гр`t#знuти) имел прямое номинативное значение «погружаться, тонуть» и редко употреблялся в памятниках письменности. Многозначным и наиболее частотным был положительный, результативный член глагольной видовой пары перфектив погрязнуть (погр#зноути). В статье приведены все лексико-семантические варианты глагола и примеры словоупотреблений, зафиксированные в словарях, отражающих лексику X - XVII веков. В статье приведены синонимы и многочисленные дериваты глагола погрязнуть , в том числе рассмотрена семантика абстрактных существительных, образованных от глагола погрязнуть ( погрязение, погрязнение, погрязновение ) и отражающих влияние церковнославянского языка на книжно-письменный литературный язык древнерусского и старорусского периодов. Лексикографический портрет лексемы погрязнуть проявляет неоднозначность в трактовке некоторых значений в разные исторические периоды. Проведенный анализ позволяет сравнить значения лексемы, увидеть их отличительные особенности и сделать вывод о существовании самостоятельных стереотипных образов, существующих в сознании носителей языка в X - XVII веках. The article is devoted to the description of the verb "to wallow" from lexicographic sources that fix the vocabulary of the Russian language of the X - XVII centuries. The method of linguistic portraiture is used to combine data from etymological and historical dictionaries and see the dynamics of the development of the semantic, word-formation and stylistic potential of the language unit in the diachrony. The article details the materials of etymological and historical dictionaries of the Russian language, presents and describes numerous variants of the use of an imperfective “gryaznut’” and a perfective “pogryaznut’”, recorded in dictionaries containing the vocabulary of the Russian language of the X - XVII centuries. It has been established that in the ancient Russian language, the imperfective “gryaznut’” had a direct nominative meaning of "dive, sink" and was rarely used in monuments of writing. The multi-valued and most frequency used was the positive, effective perfective “pogryaznut’”. The article presents all lexical and semantic variants of the verb and examples of word usage recorded in dictionaries that reflect the vocabulary of the X - XVII centuries. The article presents synonyms and numerous derivatives of the verb, including the semantics of abstract nouns formed from the verb “pogryaznut’” and reflecting the influence of the Church Slavonic language on the book-written literary language of the old Russian period. The lexicographic portrait of the lexeme “pogryaznut’” shows ambiguity in the interpretation of certain meanings in different historical periods. The analysis allows us to compare the meanings of the lexeme, see their distinctive features and conclude that there are independent stereotypical images that exist in the minds of native speakers in the X - XVII centuries.

On the Origin of the Zaraysk Gospel

2021 ◽  
Vol 70 (2) ◽  
pp. 193-204
Author(s):  
Alexey B. Mazurov ◽  
Alexander V. Rodionov
Keyword(s):  
19Th Century ◽  
17Th Century ◽  
Theoretical Development ◽  
Old Russian ◽  
15Th Century ◽  
Art Historians ◽  
Ancient Manuscripts ◽  
The 19Th Century ◽  
The Temple ◽  
The Church

The article considers theoretical development of the problem of the origin and provenance in the 15th — the first quarter of the 19th century of the famous Old Russian book monument — the Zaraysk Gospel. Although it has repeatedly attracted the attention of archaeographers, textologists, paleographers, linguists and art historians, this article is the first experience of studying these issues. Created in 1401 in Moscow, the Gospel, which is parchment manuscript, was purchased in 1825 by K.F. Kalaidovich for Count N.P. Rumyantsev from the Zaraysk merchant K.I. Averin, that determined its name by the place of discovery. The scribe book of Zaraysk in 1625 in the altar of the Pyatnitsky chapel of the St. Nikolas wooden church (“which’s on the square”) in the city’s Posad, recorded the description of the manuscript Gospel, corresponding by a number of features to the Zaraysk Gospel. The connection of the codex with the St. Nicholas church is indirectly confirmed by the drawing of the church placed on one of its pages (f. 156 ver.) with the remains of inscription mentioning St. Nicholas the Wonderworker. This allows concluding that the manuscript in the 17th century was in the book collection of the temple. In the 17th century, the ancient St. Nicholas church was re-consecrated to the Epiphany, and the sacristy was moved to the stone St. Nicholas cathedral in Zaraysk. It is most likely that in the first quarter of the 19th century, the merchant K.I. Averin purchased the Gospel from the members of the cathedral’s clergy. The article analyzes the context of the early contributions of the 15th century “to the Miraculous Icon of St. Nikolas of Zaraysk”, one of which, most likely, was the parchment Zaraysk Gospel. The authors assume that this contribution is related to the chronicle events of 1401 or 1408. The study is significant in terms of the theoretical development of methods for identifying ancient manuscripts and their origin.

scholarly journals ECCLESIOLOGICAL CONDITIONALITY OF THE AUTOCEPHALOUS SYSTEM OF THE UNIVERSAL ORTHODOXY

2020 ◽  
Vol 15 (1) ◽  
pp. 12-17
Author(s):  
Andriy Kobetіak
Keyword(s):  
The State ◽  
Natural State ◽  
Byzantine Empire ◽  
Ancient Rome ◽  
Local Churches ◽  
Church Management ◽  
Political Bargaining ◽  
Church Structure ◽  
Church Law ◽  
The Church

The article deals with one of the fundamental problems of the whole corps of the church law – autocephalous principle of the existence of the church. This problem drives the researchers' attention to the very essence of the existence of orthodoxy in general. The preaching of Christ and the Gospel leave no direct pointers of the internal organization of the church. The apostles make only the subtle hints to the administrative arrangement of the church in general. Their mission preaching and spreading the faith to all nations, however, they did not envisage any other administrative system than autocephaly. Church dogmas and canons, which regulate all aspects of the life of the Church, were formed during the heyday of Christianity in the Byzantine Empire. However, the significant politicization and dependence of the church on imperial power led to the proclamation of a number of canons that contradicted the original nature of the church. This also applies to autocephaly. Under the pressure of the state authorities, the primacy of honor together with ancient Rome is shared by the capital's Constantinople chair. The theory of the "Five Patriarchates" is be- ing formed, which are called to rule the world Orthodoxy. During the Ecumenical Councils, autocephaly was transformed from a basic and natural state of the Church existence into a certain privilege and a subject of political bargaining in the international arena.Despite the long process of forming the canonical and legal corps of Orthodoxy, there is no clear regulation of the procedure for proclaiming a new autocephalous church today. This led to significant misunderstandings and the termination of Eucharistic communion by a number of Local Churches after granting autocephalous status to the Ukrainian Church. Theological disputes over the very procedure of signing the Tomos still take place today. Besides theoretical justification, the internal church structure also has a practical value for the process of bestowing autocephaly on the new national Local Churches. This is relevant due to the struggle of a number of modern countries for the church independence and the Ecumenical recognition. Starting since the Byzantine Empire times, the state power has constantly imposed its own church management principle and methods, which often was going against traditions and canonical norms. Orthodox ecclesiology offers its own approach to church-administrative management. It is proved that merely the autocephalous system is the only acceptable option of the existence of the Universal Orthodoxy.

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