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In the late sixteenth century, after the Council of Trent and the Catholic Reformation, the confessional became a key means to improve morals and religious life - and, for the Catholic clergy of New Spain, a new avenue through which they might reach the consciences of Spaniards and improve their treatment of indigenous peoples. To this end, the bishops of the province of Mexico drafted a directorio in 1585 to guide the priesthood in fulfilling its duty according to current ecclesiastical ideals and social realities. That document, published here in English for the first time, offers an unrivaled view of the religious, social, and economic history of colonial Mexico. Though never widely circulated, the Directorio para confesores (Directory for Confessors) contains an encyclopedic description of life in Mexico three generations after the European invasion. In addition to summarizing sixteenth-century Spanish concerns in the provinces, the Directory offers insight into the Catholic Church's moral judgments on many aspects of colonial life. Translated by distinguished scholar Stafford Poole, the document embodies a remarkable knowledge of scripture and law and reflects the concerns of the Spanish crown and what was happening in New Spain. The Directory instructs its clergy audience in the proper methods to combat superstition among the Spaniards, helps them navigate the variety of business contracts used in Creole society at the time, and details the obligations of those in various social stations, from viceroys to tavern keepers. It also condemns the forced labor of native people under the repartimiento system, especially in the mines. Rendered in clear prose and illuminated with helpful introductory chapters by Poole and John F. Schwaller, extensive annotations, and a glossary of terms, this volume offers unparalleled insights into life and thought in sixteenth-century New Spain.
This volume explores the legal issues and legal consequences underlying relations between secular and religious authorities in the context of the Christian Church, from its earliest emergence within Roman Palestine as a persecuted minority sect through the period when it became legally recognized within the Roman empire, its many institutional manifestations in the East and West throughout the Middle Ages, the reconfigurations associated with the Reformation and Catholic/Counter-Reformations, the legal and constitutional complications, and the variable consequences of so-called secularization thereafter. The engagement of secular and religious authorities with the law and the question of what the law actually comprised (Roman law, canon law, national laws, state and royal edicts) are addressed. Bringing together the work of a wide range of scholars, this volume deepens our understanding of interactions between the churches and the legal systems in which they existed in the past and continue to exist now.
Thomas Izbicki presents a new examination of the relationship between the adoration of the sacrament and canon law from the twelfth to fifteenth centuries. The medieval Church believed Christ's glorified body was present in the Eucharist, the most central of the seven sacraments, and the Real Presence became explained as transubstantiation by university-trained theologians. Expressions of this belief included the drama of the elevated host and chalice, as well as processions with a host in an elaborate monstrance on the Feast of Corpus Christi. These affirmations of doctrine were governed by canon law, promulgated by popes and councils; and liturgical regulations were enforced by popes, bishops, archdeacons and inquisitors. Drawing on canon law collections and commentaries, synodal enactments, legal manuals and books about ecclesiastical offices, Izbicki presents the first systematic analysis of the Church's teaching about the regulation of the practice of the Eucharist.
This volume is a major new scholarly edition of some of the most important sources in the history of the Anglican Church. It includes all the canons produced by the Church of England, from the opening of the Reformation parliament in 1529 to 1947. Most of the material comes from the sixteenth and early seventeenth centuries, among which the canons of 1529, 1603 and 1640, and Cardinal Pole's legatine constitutions of 1556, are of particular importance. But the volume also includes the first scholarly editions of the deposited canons of 1874 and 1879 and the proposed canons of 1947. In addition, it includes both the Irish canons of 1634 and the Scottish canons of 1636. The canons are accompanied by a substantial number of supplementary texts and appendixes, illustrating their sources and development; Latin texts are accompanied by parallel English translations, and the editor provides a full scholarly apparatus, which is particularly valuable for its identification of the sources of the various canons. The texts are preceded by an extended introduction, which provides not only an up-to-date analysis of the framing and significance of each set of canons, but also critical discussions of the origins and development of canon law and the system of ecclesiastical courts. It is an essential work of reference for anyone interested in the history of the Church of England since the Reformation, or in Anglican canon law. GERALD BRAYis Anglican Professor of Divinity at Beeson Divinity School, Samford University.
The English Reformation began as a dispute over questions of canon law, and reforming the existing system was one of the state's earliest objectives. A draft proposal for this, known as the Henrician canons, has survived, revealing the state of English canon law at the time of the break with Rome, and providing a basis for Cranmer's subsequent, and much better known, attempt to revise the canon law, which was published by John Foxe under the title `Reformatio legum ecclesiasticarum' in 1571. Although it never became law, it was highly esteemed by later canon lawyers and enjoyed an unofficial authority in ecclesiastical courts. The Henrician canons and the `Reformatio legum ecclesiasticarum' are thus crucial for an understanding of Reformation church discipline, revealing the problems and opportunities facing those who wanted to reform the Church of England's institutional structure in the mid-Tudor period, an age which was to determine the course of the church for centuries to come.This volume makes available for the first time full scholarly editions and translations of the whole text, taking all the available evidence into consideration, and setting the `Reformatio' firmly in both its historical and contemporary context. GERALD BRAY is Anglican Professor of Divinity at Beeson Divinity School, Samford University.
Discipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church. The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history. .
With the promulgation of the motu proprio Mitis iudex Dominus Iesus for the Latin Church and the motu proprio Mitis et misericors Iesus for the Eastern Catholic Churches, both dated August 15, 2015, Pope Francis addressed the calls during the Third Extraordinary General Assembly of the Synod of Bishops (October 5-19, 2014) for a simplified procedure for the declaration of the nullity of marriages. Pope Francis introduced a briefer process to be conducted by the diocesan bishop and he simplified the current ordinary nullity process. The new procedural norms went into effect on December 8, 2015. New legislation always challenges first and foremost the practitioner: how is the new legislation to be understood and applied? Immediately after the new law was made public, a number of articles on this new legislation were published in The Jurist. The School of Canon Law of The Catholic University of America organized a March 2016 Workshop on the very topic of this important procedural reform. These articles are now brought together in one volume to assist those who work with these norms in the various tribunals dealing with marriage cases. It is hoped that this volume will be of great service to all those who serve the people of God in the ministry of justice, and that these contributions will truly be a help in understanding and applying the new norms.
This collection of essays seeks to acknowledge the lifetime contribution of Eric Kemp to the study, teaching and reform of the ecclesiastical laws of England, and to re-evaluate the development and practice of canon law in the early Church, Middle Ages, Reformation period and beyond.
The emancipation of the Jews of England was largely complete when George III came to the throne in 1760. Free to live how and where they wished, the Jews had been specifically exempted from the provisions of the 1753 Marriage Act which made Christian marriage the only legal option for all others. The effect of this exemption was to put the matrimonial causes of the Jews of England exclusively in the hands of their Rabbis and Dayanim (Jewish ecclesiastical judges) for the next one hundred years. No Bet Din (Jewish ecclesiastical court) anywhere in the world has left such a complete record of its transactions -- matrimonial and proselytical -- as that contained in the extant Pinkas (minute-book) of the London Bet Din from 1805 to 1855. In all other matters, including the offences punishable by transportation, Jews were subject to the jurisdiction of the civil courts. Of the estimated 150,000 convict transportees shipped to the Australian penal colonies, some seven hundred were Jews. Matrimonial and related matters involving twenty of these miscreants are recorded in the Pinkas. Jeremy Pfeffer recounts the history of the London Bet Din during these years as revealed by the Pinkas record and relates the previously untold stories of this group of Jewish convict transportees and their families.
Ecclesiastical Law has established itself as the leading authority on the laws of the Church of England. Offering a uniquely detailed and scholarly exposition of the law, it has become an essential reference for anyone with a professional interest in ecclesiastical and canon law. The fourth edition has been fully revised and updated to take account of significant changes in the substantive law, specifically: the effects of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018; and the overhaul of the procedure in the Consistory Court in consequence of the Faculty Jurisdiction Rules 2015; substantial repeals in the Statute Law (Repeals) Measure 2018 and the new procedure under the Legislative Reform Measure 2018; the effect of the House of Bishops' Declaration on the Ministry of Bishops and Priests concerning provision for traditionalists; and the role of the Independent Reviewer under the Priests (Resolution of Disputes Procedure) Regulations 2014. Ecclesiastical Law offers insightful commentary, thoughtful analysis, and a wealth of materials to the practitioner and student alike. Materials include: the Canons of the Church of England, together with the Measures and Rules (updated to 2018) regulating the faculty jurisdiction and clergy discipline.
Christopher Stephens focuses on canon law as the starting point for a new interpretation of divisions between East and West in the Church after the death of Constantine the Great. He challenges the common assumption that bishops split between 'Nicenes' and 'non-Nicenes', 'Arians' or 'Eusebians'. Instead, he argues that questions of doctrine took second place to disputes about the status of individual bishops and broader issues of the role of ecclesiastical councils, the nature of episcopal authority, and in particular the supremacy of the bishop of Rome. Canon law allows the author to offer a fresh understanding of the purposes of councils in the East after 337 particularly the famed Dedication Council of 341 and the western meeting of the council of Serdica and the canon law written there, which elevated the bishop of Rome to an authority above all other bishops. Investigating the laws they wrote, the author describes the power struggles taking place in the years following 337 as bishops sought to elevate their status and grasp the opportunity for the absolute form of leadership Constantine had embodied. Combining a close study of the laws and events of this period with broader reflections on the nature of power and authority in the Church and the increasingly important role of canon law, the book offers a fresh narrative of one of the most significant periods in the development of the Church as an institution and of the bishop as a leader.
In the first millennium the Christian Church forbade its clergy from bearing arms. In the mid-eleventh century the ban was reiterated many times at the highest levels: all participants in the battle of Hastings, for example, who had drawn blood were required to do public penance. Yet over the next two hundred years the canon law of the Latin Church changed significantly: the pope and bishops came to authorize and direct wars; military-religious orders, beginning with the Templars, emerged to defend the faithful and the Faith; and individual clerics were allowed to bear arms for defensive purposes. This study examines how these changes developed, ranging widely across Europe and taking the story right up to the present day; it also considers the reasons why the original prohibition has never been restored. Lawrence G. Duggan is Professor of History at the University of Delaware and research fellow of the Alexander von Humboldt Foundation.
This newest volume in the History of Medieval Canon Law series surveys the history of Byzantine and Eastern canon law. Beginning in the Patristic Age, Susan Wessel outlines the evolution of ecclesiastical law before the Council of Nicaea (325 A.D.). She covers the earliest documents and councils in the Christian tradition, and concludes that the councils replaced other sources of authority as bishops moved to a more democratic model of church organisation. Heinz Ohme then offers a detailed analysis of the Greek councils and the writings of the Greek Fathers. He treats the sources of canonical material of Byzantine canon law down to the Quinisext Council (Trullanum, 692). Spyros Troianos presents a comprehensive survey of the Greek canonical collections and their compilers from the fourth to the eleventh century. In extending his coverage to 1500, Troianos provides bibliographical and biographical information about the most important Byzantine canonists who remain virtually unknown in English language literature: John Zonaras, Alexios Aristenos, and the Byzantine Gratian, Theodore Balsamon. With Hubert Kaufhold's contribution, the book also explores the wide range and variety of law in Eastern Christian communities, including Western Syrians (Jacobites), the Copts, Ethiopians, Armenians, Georgians, Nestorians, and Maronites.
CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.
In the late fourth century, in the absence of formal church councils, bishops from all over the Western Empire wrote to the Pope asking for advice on issues including celibacy, marriage law, penance and heresy, with papal responses to these questions often being incorportated into private collections of canon law. Most papal documents were therefore responses to questions from bishops, and not initiated from Rome. Bringing together these key texts, this volume of accessible translations and critical transcriptions of papal letters is arranged thematically to offer a new understanding of attitudes towards these fundamental issues within canon law. Papal Jurisprudence, c.400 reveals what bishops were asking, and why the replies mattered. It is offered as a companion to the forthcoming volume Papal Jurisprudence: Social Origins and Medieval Reception of Canon Law, 385-1234.
A Philip and Muriel Berman Edition; Translated from the Hebrew by Bernard Auerbach and Melvin Sykes Justice Menachem Elon's classic text surveys the panorama of Jewish law from biblical times to contemporary Israel. The result is the most definitive record to date of a unique legal system that integrates criminal, civil, and religious law to form a unified whole of unprecedented range. This four-volume set is an essential resource for academic, legal, and personal libraries.
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