Settlement and mediation in Royal Prussian law. On the example of the court practice of the town Nowe nad Wisłą [New on the Vistula] in the eighteenth century

2016 ◽  
Vol 1 (1) ◽  
pp. 37-43
Author(s):  
Piotr Kitowski

The mediation and its resulting settlement were widely used in medieval and early-modern court practice. They were used in civil and criminal cases, where the dispute could be overcome by the parties coming to an agreement. The aim of this article is to analyze the normative agreement (legal basis) used in the Royal Prussian area and the solution of local judicial practice (the way of implementing norms in daily legal practice) based on the prevailing law of the Chełm region (ius culmense). Based on the sources of law and materials of the town Nowe nad Wisłą [New on the Vistula], the author presents the reconciliation operation in small, 18th-century, Prussian town.

2013 ◽  
Vol 52 (3-4) ◽  
Author(s):  
Mihály Balázs

Although in recent years there has been an upsurge in the research of the history of early modern spirituality, this research has paid hardly any attention to the Unitarian denomination. The reasons for this lie beyond the scope of the present study: between the late 16th century and the late 18th century the denomination had to refrain from the use of printing, and thus, the manuscript versions of prayer texts were threatened by loss and destruction. It is a unique paradox, however, that the first edited protestant Hungarian prayer book of considerable length was published precisely by this denomination in 1570/1571. The first part of the paper explores the concept of the prayer book based on Johann Habermann’s famous Gebetbüchlein, and compares it to the greatest achievements of the same sort within this period, the Catholic Péter Pázmány’s and the Calvinist Albert Szenci Molnár’s works. This section is followed by a survey of the vivid reception of Heltai’s work, with particular focus on the way the Unitarian author’s work was used in the Lutheran community of Lőcse. The concluding part argues that building on the foundations of this tradition, as well as on the heritage of Calvinist prayer culture, an unparalleled Unitarian prayer literature developed in the 17th-18th centuries, which deserves the attention of comparative research.


2020 ◽  
pp. 158-186
Author(s):  
Daniel Sutherland

This chapter considers the status of geometrical and kinematic representations in the foundations of 18th century analysis and in Kant’s understanding of those foundations. It has two aims. First, relying on relatively recent reassessments of the history of analysis, it will attempt to bring forward a more accurate account of intuitive representation in 18th century analysis and the relation between British and Continental mathematics. Second, it will give a better account of Kant’s place in that history. The result shows that although Kant did no better at navigating the labyrinth of the continuum than his contemporaries, he had a more interesting and reasonable account of the foundations of analysis than an easy reading of either Kant or that history provides. It also permits a more accurate and interesting account of how and when a conception of foundations of analysis without intuitive representations emerged, and how that paved the way for Bolzano and Cauchy.


Author(s):  
Cédric Glineur

Abstract Referring to precedents in the eighteenth-century quasi-judicial practice of the intendant in French Hainault. – Following the practice already in use in the King's Council and government departments, the Commissioner in the French Hainault province (commissaire départi en Hainaut) started towards the beginning of the 18th century to keep all documents received or drafted by his offices. These documents included the orders he issued in adjudicating cases brought before him. As intendant, he had at his disposal the files of the proceedings in which he had had to reach a decision in his quasi-judicial capacity. Judgements rendered in previous cases could help him to solve new cases. As these precedents were documented in his records, he was able to develop a case law in particular areas, such as tax litigation.


2018 ◽  
Vol 59 (3-4) ◽  
pp. 399-418
Author(s):  
Gabriella Gilányi

Abstract This study surveys the musical notation appearing in the liturgical manuscripts of the Order of St. Paul the First Hermit from the fourteenth until the eighteenth century. As a Hungarian foundation, the Pauline Order adopted one of the most elaborate and proportionate Gregorian chant notations of the medieval Catholic Church, the mature calligraphic Hungarian/Esztergom style, and used it faithfully, but in a special eremitical way in its liturgical manuscripts over an exceptionally long period, far beyond the Middle Ages. The research sought to study all the Pauline liturgical codices and codex fragments in which this Esztergom-Pauline notation emerges, then record the single neume shapes and supplementary signs of each source in a database. Systematic comparison has produced many results. On the one hand, it revealed the chronological developments of the Pauline notation over about four centuries. On the other hand, it has been possible to differentiate notation variants, to separate a rounded-flexible and a later more angular, standardized Pauline writing form based on the sources, thereby grasping the transition to Gothic penmanship at the turn of the fifteenth and sixteenth centuries. A further result of the study is the discovery of some retrospective Pauline notation types connected to the Early Modern and Baroque period, after the Tridentine Council. The characteristics of the notations of the choir books in the Croatian and the Hungarian Pauline provinces have been well defined and some individual subtypes distinguished – e.g. a writing variant of the centre of the Croatian Pauline province, Lepoglava.


Chronos ◽  
2020 ◽  
Vol 40 ◽  
pp. 95-118
Author(s):  
Rand Abou Ackl

In this article, I discuss a proskynetarion icon of the Holy Land and Jerusalem, called the Kharetat al mousafer, located in Saydnaia Monastery in Syria. The relationship between pilgrimages and proskynetaria, which served as a tool of Christian propaganda, will be discussed with a focus on the Saydnaia proskynetarion as a case study, showing the way of the Melkite painter, Issa al-Qudsi depicted the Holy Land topography. In this icon, the Holy Sepulchre (Church of Resurrection) was also represented, opening a discussion around proskynetaria in Syria during the eighteenth century.


2017 ◽  
Vol 2 ◽  
pp. 3
Author(s):  
Lina Minou

This article is concerned with the physicality of envy primarily in early –modern, but also in eighteenth-century health contexts. The discussion brings together descriptions of the effects of envy on the body of the envier, mainly from works of physiology and health preservation, but also from literary and spiritual writings. These depictions of envy are studied beyond their symbolism and with a view to establish whether they are meaningful according to the medical theories of the time in which they occur. The discussion begins by acknowledging the status of envy as a ‘disease’ and looks to the specific ways in which the discourse of envy conveys this sense. I find that in the early modern discourse envy is always pathological, that is, it is experienced as disease and signifies disease in general and several diseases in particular. Moreover, envy is uniquely placed to convey pathology on account of its being connected to inherently pathogenic elements of the humoural theory. Specifically, envy is physiologically connected to melancholy, and the way it is presented comes close to attributes assigned to black bile. In addition, envy realizes pathology, the occurrence of disease in the body, by impairing the vital process of digestion and thus depriving the person from proper nourishment and sustenance. The analysis further considers how this impairment of the body fits with the physiological manifestation of envy as ‘corrosion’ and ‘consumption’. Finding commonalities with other maladies mediated by these physiological signs the article concludes by considering the function of pathology in the conception of early modern envy.


2019 ◽  
Vol 15 ◽  
pp. 1
Author(s):  
Kirsten Ricquier

This contribution offers a new, critical bibliography of translations and editions of the five extant Greek romances in the early modern era, from the beginning of printing to the eighteenth century. By consulting catalogues of libraries, digitalised copies, and secondary literature, I expand, update and correct earlier bibliographies. I identify alleged editions and include creative treatments of the texts as well as incomplete versions. As an interpretation of my survey, I give an overview of broad, changing tendencies throughout the era and filter the dispersion over Europe in a wider area and period than was available so far, in order to get a more complete picture of their distribution. Furthermore, I point to some peculiar (tendencies in) combinations, among the lemmata themselves, as well as with other stories.Kirsten Ricquier studied Classical Philology at Ghent University (Belgium). She is currently a researcher at this institution funded by the European Research Council Starting Grant Novel Saints under the supervision of Professor Koen De Temmerman. Her research concerns the afterlife of ancient prose fiction in medieval Greek hagiography and the early modern era, the classical tradition (particularly in the long 18th century), and genre theory.


2014 ◽  
Vol 11 ◽  
pp. 25-44
Author(s):  
Bonnie Clementsson

To Ask for the King’s Permission to Marriage: Applications for Marriage between Relatives in Eighteenth Century Sweden. In early modern Western society regulations against incestuous relationships were primarily justified by religion, and kinship by blood and kinship by marriage were treated equally. In the seventeenth and eighteenth centuries Swedish law was among the strictest in these matters, and violations were often punished by execution. Simultaneously, it was possible to ask the king’s permission for a dispensation for marriage between more distant relatives. During the second half of the eighteenth century the number of dispensation applications rose significantly, implying a turning point in attitudes. This article investigates arguments in dispensation applications and subsequent responses from decision holders. The aim is to illustrate how parallel values in society, apart from those of religion, affected the way different relationships were perceived. The study shows that applicants used a range of arguments in persuading authorities that their relationships should be allowed. However, even though authorities took an interest in whether or not applicants were good Christians, and whether or not relationships were honourable (not carnal), there was one decisive factor for granting or denying the applications. If the applicants’ family positions crossed different generations (e.g. man/uncle’s widow) it was considered that the “natural parental respect” would be jeopardised and, irrespective of the applicants’ ages, the application was denied.


2020 ◽  
Vol 6 (2) ◽  
pp. 33-42
Author(s):  
Andrea Fehér

The purpose of this presentation is to address the issue of female criminality in early modern Cluj, and to analyze women’s position before the law. Our investigation is based on the records of the secular Court from the town Cluj, where we have identified more than 250 cases of women accused of fornication, adultery, witchcraft, infanticide, theft and drunkenness, poisoning, swearing and slander. There were a significant number of female convictions during the century, from which most ended with light sentences, such as banishment, corporal punishments, stigmatizations with hot iron, mutilations and only occasionally death. We would like to analyze in detail the types of crime  and their punishments presenting the legal background, the jurisdiction and the habitual practices of the Court. We would also like to underline the importance of the narrative strategies used in these inquisitorial trials, since our documents reveal female criminality from a male perspective, as in these times men ran the legal system, consequently the Court records, in our reading contain moral, legal and sexual elements of a male discourse on female crime.


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