The Interdict in the Thirteenth Century


Book Description

The interdict was an important and frequent event in medieval society. It was an ecclesiastical sanction which had the effect of closing churches and suspending religious services. Often imposed on an entire community because its leaders had violated the rights and laws of the Church, popes exploited it as a political weapon in their conflicts with secular rulers during the thirteenth century. In this book, Peter Clarke examines this significant but neglected subject, presenting a wealth of new evidence drawn from manuscripts and archival sources. He begins by exploring the basic legal and moral problem raised by the interdict: how could a sanction that punished many for the sins of the few be justified? From the twelfth-century, jurists and theologians argued that those who consented to the crimes of others shared in the responsibility and punishment for them. Hence important questions are raised about medieval ideas of community, especially about the relationship between its head and members. The book goes on to explore how the interdict was meant to work according to the medieval canonists, and how it actually worked in practice. In particular it examines princely and popular reactions to interdicts and how these encouraged the papacy to reform the sanction in order to make it more effective. Evidence including detailed case-studies of the interdict in action, is drawn from across thirteenth-century Europe - a time when the papacy's legislative activity and interference in the affairs of secular rulers were at their height.




The Two Powers


Book Description

Historians commonly designate the High Middle Ages as the era of the "papal monarchy," when the popes of Rome vied with secular rulers for spiritual and temporal supremacy. Indeed, in many ways the story of the papal monarchy encapsulates that of medieval Europe as often remembered: a time before the modern age, when religious authorities openly clashed with emperors, kings, and princes for political mastery of their world, claiming sovereignty over Christendom, the universal community of Christian kingdoms, churches, and peoples. At no point was this conflict more widespread and dramatic than during the papacies of Gregory IX (1227-1241) and Innocent IV (1243-1254). Their struggles with the Hohenstaufen Emperor Frederick II (1212-1250) echoed in the corridors of power and the court of public opinion, ranging from the battlefields of Italy to the streets of Jerusalem. In The Two Powers, Brett Edward Whalen has written a new history of this combative relationship between the thirteenth-century papacy and empire. Countering the dominant trend of modern historiography, which focuses on Frederick instead of the popes, he redirects our attention to the papal side of the historical equation. By doing so, Whalen highlights the ways in which Gregory and Innocent acted politically and publicly, realizing their priestly sovereignty through the networks of communication, performance, and documentary culture that lay at the unique disposal of the Apostolic See. Covering pivotal decades that included the last major crusades, the birth of the Inquisition, and the unexpected invasion of the Mongols, The Two Powers shows how Gregory and Innocent's battles with Frederick shaped the historical destiny of the thirteenth-century papacy and its role in the public realm of medieval Christendom.




The Cambridge History of Medieval Canon Law


Book Description

Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.




Popular Opinion in the Middle Ages


Book Description

This book provides a needed overview of the scholarship on medieval public culture and popular movements such as the Peace of God, heresy, and the crusades and illustrates how a changing sense of the populus, the importance of publics and public opinion and public spheres was influential in the evolution of medieval cultures. Public opinion did play an important role, even in the Middle Ages; it did not wait until the era of modern history to do so. Using modern research on such aspects of culture as textual communities, large and small publics, cults, crowds, rumor, malediction, gossip, dispute resolution and the European popular revolution, the author focuses on the Peace of God movement, the era of Church reform in the tenth and eleventh centuries, the rise and combat of heresy, the crusades, and the works of fourteenth-century political thinkers such as Marsiglio of Padua regarding the role of the populus as the basis for the analysis. The pattern of changes reflected in this study argues that just as in the modern world the simplistic idea of “the public‎” was a phantom. Instead there were publics large and small that were influential in shaping the cultures of the era under review.




Literature and Law in the Era of Magna Carta


Book Description

The monograph series Oxford Studies in Medieval Literature and Culture showcases the plurilingual and multicultural quality of medieval literature and actively seeks to promote research that not only focuses on the array of subjects medievalists now pursue in literature, theology, and philosophy, in social, political, jurisprudential, and intellectual history, the history of art, and the history of science but also that combines these subjects productively. It offers innovative studies on topics that may include, but are not limited to, manuscript and book history; languages and literatures of the global Middle Ages; race and the post-colonial; the digital humanities, media and performance; music; medicine; the history of affect and the emotions; the literature and practices of devotion; the theory and history of gender and sexuality, ecocriticism and the environment; theories of aesthetics; medievalism. l Literature and Law in the Era of Magna Carta traces processes of literary training and experimentation across the early history of the English common law, from its beginnings in the reign of Henry II to its tumultuous consolidations under the reigns of John and Henry III. The period from the mid-twelfth through the thirteenth centuries witnessed an outpouring of innovative legal writing in England, from Magna Carta to the scores of statute books that preserved its provisions. An era of civil war and imperial fracture, it also proved a time of intensive self-definition, as communities both lay and ecclesiastic used law to articulate collective identities. Literature and Law in the Era of Magna Carta uncovers the role that grammatical and rhetorical training played in shaping these arguments for legal self-definition. Beginning with the life of Archbishop Thomas Becket, the book interweaves the histories of literary pedagogy and English law, showing how foundational lessons in poetics helped generate both a language and theory of corporate autonomy. In this book, Geoffrey of Vinsauf's phenomenally popular Latin compositional handbook, the Poetria nova, finds its place against the diplomatic backdrop of the English Interdict, while Robert Grosseteste's Anglo-French devotional poem, the Château d'Amour, is situated within the landscape of property law and Jewish-Christian interactions. Exploring a shared vocabulary across legal and grammatical fields, this book argues that poetic habits of thought proved central to constructing the narratives that medieval law tells about itself and that later scholars tell about the origins of English constitutionalism.




A Companion to the Medieval Papacy


Book Description

A Companion to the Medieval Papacy brings together an international group of experts on various aspects of the medieval papacy. Each chapter provides an up-to-date introduction to and scholarly interpretation of topics of crucial importance to the development of the papacy’s thinking about its place in the medieval world and of its institutional structures. Topics covered include: the Papal States; the Gregorian Reform; papal artistic self-representation; hierocratic theory; canon law; decretals; councils; legates and judges delegate; the apostolic camera, chancery, penitentiary, and Rota; relations with Constantinople; crusades; missions. The volume includes an introductory chapter by Thomas F.X. Noble on the historiographical challenges of writing medieval papal history. Contributors are: Sandro Carocci, Atria A. Larson, Andrew Louth, Jehangir Malegam, Andreas Meyer, Harald Müller, Thomas F.X. Noble, Francesca Pomarici, Rebecca Rist, Kirsi Salonen, Felicitas Schmieder, Keith Sisson, Danica Summerlin, and Stefan Weiß.




The Oxford Handbook of Criminal Law


Book Description

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.




The French of Medieval England


Book Description

Recent research has emphasised the importance of insular French in medieval English culture alongside English and Latin; for a period of some four hundred years, French (variously labelled the French of England, Anglo-Norman, Anglo-French, and Insular French) rivalled these two languages. The essays here focus on linguistic adaptation and translation in this new multilingual England, where John Gower wrote in Latin while his contemporary Chaucer could break new ground in English.







The Landscape of Pastoral Care in 13th-Century England


Book Description

Examines how thirteenth-century clergymen used pastoral care - preaching, sacraments and confession - to increase their parishioners' religious knowledge, devotion and expectations.




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