Clarence Gallagher, Canon Law and the Christian Community: the Role of Law and the Church According to the Summa Aurea of Cardinal Hostiensis (Analecta Gregoriana 208)

Author(s):  
James A. Brundage
Traditio ◽  
2016 ◽  
Vol 71 ◽  
pp. 143-178
Author(s):  
ANNA MINARA CIARDI

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.


Author(s):  
Kirsi Stjerna

Baptism opens a window to the heart of Martin Luther’s 16th-century theology. It offers a perspective for how Luther understands the impact of grace and its channels, as well as the nature of justification in an individual’s life. In his teaching about baptism, Luther demonstrates the vital working of the Word and lays a foundation for a Word-centered and faith-oriented spirituality. With baptism, Luther articulates his vision for the purpose of the Church and the rationale for sacraments. Baptism reveals different sides of the theologian: one who argues with a zeal on the “necessity” of baptism and its meaningful God-mandated practice in Christian communities and another who imagines God’s saving grace too expansive to be limited to any ritual. The apparent tensions in Luther’s articulation can be understood from his overlapping agendas and different audiences: in his baptismal talk, Luther is both processing his own Angst about salvation and negotiating his developing position in relation to the medieval sacramental theology and other emerging reform solutions. While feistily refuting his opponents, he is also speaking from his personal religious experience of being as if reborn with the encounter of the Word of grace and passionately extrapolating his most foundational conviction: God’s unconditional promise of grace as the ground of being for human life, given to humanity in the Word. The matter of baptism leads to the roots of different Christian “confessional” traditions. The format of the ritual has generated less anxiety than differing theological opinions on (1) the role of faith in the validity of baptism, and (2) the effects of baptism in one’s life. Whether infant or adult baptism is favored depends on whether baptism is primarily understood as a sign of faith, a cause of forgiveness and transformation, or an initiation into the Christian community—or all of the above. Baptism is at the center of Luther’s theological nervous system; it connects with every other vital thread in the theological map. Baptism is a mystery and a matter of faith; it calls for a philosophical imagination and mystical willingness to grasp the questions of reality beyond what meets the eye. “I study it daily,” Luther admits in his “Large Catechism.” “In baptism, therefore, every Christian has enough to study and practice all his or her life. Christians always have enough to do to believe firmly what baptism promises and brings.”


2021 ◽  
Vol 48 (4) ◽  
pp. 250-277
Author(s):  
Mirosław Bogdan

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.


2019 ◽  
Vol 30 (3) ◽  
pp. 5-56
Author(s):  
Wojciech Góralski

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.


2015 ◽  
Vol 71 (3) ◽  
Author(s):  
Elsabe Kloppers

The role of singing in the formation and building up of the community of faith. Faith is communicated through participation in various actions and rituals in a dynamic process of socialising into the Christian community. Worship is the prime locus for growing into the community of faith. The singing of hymns in worship is important for people to participate in the faith, to socialise into the Christian community and to strengthen the identity of the faith community. Flowing from worship and back, singing and making music, as gifts of the Holy Spirit, are relevant in all activities of the church: to celebrate, to proclaim the gospel, to teach the faith, to comfort and support people pastorally, to open up the opportunity for participation, to give space for communication, to reach out, to bring people together, to form community and foster koinonia – and in doing so, to contribute in building up the community of faith. The community of faith is sung into being. Making music and singing together therefore need to be a part of the encompassing program of a congregation and a church. Ministers need a thorough liturgical-hymnological training as a sound theological base for working with others in actively building up the community of faith through music.


Author(s):  
Peter Marshall

This chapter examines the role of the bishops of Rome, or popes, as ‘vicars of St Peter’, and also as ‘vicars of Christ’. St Paul taught that the Church was the body of Christ. If the Church was a body, then clearly, as John Alcock, bishop of Ely, declared in 1497, ‘in every realm of Christianity, the head thereof is Christ’. The chapter first considers what ordinary English people thought about popes and the papacy before discussing the issue of royal taxation of the clergy and the appointment of clergy to English benefices. It then explores lines of demarcation between common law and canon law, along with the arrest, imprisonment and death of a merchant named Richard Hunne, who was accused of heresy. It also looks at the issue of reforming the Church of England and people.


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