The Use of Alliteration in a Norwegian Medieval Law – just for Fun?

2019 ◽  
Vol 49 (2) ◽  
pp. 232-251
Author(s):  
Torgeir Landro
Keyword(s):  
Canon Law ◽  
Customary Law ◽  
Ecclesiastical Law ◽  
Legal Traditions ◽  
Medieval Law ◽  
The Church ◽  
The Ideal ◽  
Medieval Canon Law

Abstract The article explores the use of alliteration in an ecclesiastical law from medieval Norway. While earlier scholars considered alliteration to be a remnant from preliterate times, von See’s and Ehrhardt’s studies revealed that alliteration was more frequent in younger laws, and therefore supposedly introduced by the Church and the royal government. The material from the Norwegian law confirms that the alliterative formulations are added later on. However, in this particular case, the alliteration has contributed to corrupting the content, an observation which clashes with the ideal of clarity, which was also important in medieval canon law. This fact, in turn, leads to the conclusion that the paragraph draws on different legal traditions, both native, customary law and learned, canon law.

The Caroline Divines and the Church of Rome: A Contribution to Current Ecumenical Dialogue – A Review Article

2020 ◽  
pp. 1-9
Author(s):  
Christopher Hill
Keyword(s):  
Great Britain ◽  
Canon Law ◽  
Direct Consequence ◽  
Roman Catholic ◽  
Moral Theology ◽  
Review Article ◽  
Ecumenical Dialogue ◽  
Ecclesiastical Law ◽  
Founder Member ◽  
The Church

Readers of the Journal will recall the Ecclesiastical Law Society's long tradition of serious ecumenical engagement, embodied in the biennial Lyndwood Lecture with the Canon Law Society of Great Britain and Ireland, and recall that a number of members of the Society are regularly engaged with the Colloquium of Anglican and Roman Catholic Canon Lawyers. Moreover, ecumenical agreement and disagreement have canonical consequences, as, for example, in the debate about Anglican orders. In moral theology, particularly Roman Catholic moral theology, the relation between moral teaching, the confessional and canon law is obvious to any practitioner. My own interest in the Ecclesiastical Law Society was a direct consequence of my involvement in Anglican–Roman Catholic dialogue as successively co-secretary, member and consultant of the various embodiments of the Anglican–Roman Catholic International Commission (ARCIC) from 1974 onwards. An ecumenical conversation with Canon Graham Routledge, a founder member, led me to seek membership of the Society in its early days.

The Church of England and the Law of Divorce since 1837: Marriage Discipline, Ecclesiastical Law and the Establishment

1994 ◽  
Vol 45 (4) ◽  
pp. 625-641
Author(s):  
Bruce S. Bennett
Keyword(s):  
Canon Law ◽  
Church Of England ◽  
Essential Point ◽  
Ecclesiastical Law ◽  
The Status ◽  
Practical Reality ◽  
State Changes ◽  
The Law ◽  
The Relationship ◽  
The Church

Ever since Henry VIII, the law of marriage has occupied a special place in the relationship between the Church of England and the state. Changes made to the law since 1857 have raised far-reaching and difficult questions about the nature of this relationship, involving the status of canon law. Marriage in church has remained, perhaps even more than the other rites of passage, an essential point at which the Church of England still touches the lives of great numbers of the otherwise unchurched, and these questions have thus impinged on the practical reality of the Church's work.

The Canon Law of the Church of England: Its Implications for Unity

1988 ◽  
Vol 1 (3) ◽  
pp. 18-23
Author(s):  
Quentin Edwards
Keyword(s):  
Canon Law ◽  
Church Of England ◽  
Common Law ◽  
Ecclesiastical Law ◽  
Legal Foundations ◽  
The Church

Among lawyers who profess to know their way about the labyrinth of the Church of England's legal foundations there is a debate whether there are two subjects or one – are ecclesiastical law and canon law the same? As some purists contend that canon law is more restricted in its scope I shall take, for convenience and perhaps accuracy, the description ecclesiastical law, which certainly comprehends, or should comprehend, canon law. The ecclesiastical law of the Church of England is derived from six sources (1) papal and domestic canon law, (2) ecclesiastical common law, (3) the relevant parts of the Corpus Juris Civilis, (4) parliamentary statutes, (5) Measures of the Church Assembly and the General Synod, (6) the Canons.

scholarly journals Obrzędy sakramentu małżeństwa w ujęciu wymogów Kodeksu Prawa Kanonicznego z 1983 roku

2019 ◽  
Vol 30 (2) ◽  
pp. 79-93
Author(s):  
Ryszard Kilanowicz
Keyword(s):  
Canon Law ◽  
Ring Finger ◽  
Code Of Canon Law ◽  
Ecclesiastical Law ◽  
Natural Signs ◽  
Fire Smoke ◽  
The World ◽  
The Will ◽  
God's Grace ◽  
The Church

The liturgy of the Church is an expression of his life with Christ, it uses natural signs such as: wine, water, light, fire, smoke, oil, salt, and ash. It is through Christ, that they are given new meaning. This meaning is to glorify God and sanctify man. The sacramental ordinances are determined by ecclesiastical law which follows the nature and life of the Church. The ordinances of the Church, through the visible, direct us to the invisible. Behind what is visible there is no action or God's grace. These signs of God's presence are symbols, which St. Augustine calls the encounter between God and man in the world of signs and symbols, a Sacrament. The sacraments of the Church are graces given by God to man for his sanctification. In sacramental rites, the Church can change form, but never in essence and matter. The matter of the sacrament of marriage is between a woman and a man. The rites of the sacrament of marriage, were announced in 1969, are used in Poland, however, it has been adapted to the new Code of Canon Law of 1983. Jesus instituted the sacrament of marriage. Marriage should be celebrated at Holy Mass and is characterized by unity and indissolubility. During the rites of the sacrament of marriage, the Church then asks what is the will of the person is for getting married. The couple then join their right hands and place the wedding rings on each other’s ring finger. The effects of the sacrament of marriage, which express the Rites of the Sacrament of Marriage, are: marriage community, grace and family. The liturgy with the sacrament of marriage speaks of the sanctity of marriage through the beauty of its celebration.

Papal Primacy: An Anglican Perspective

2003 ◽  
Vol 7 (33) ◽  
pp. 112-126
Author(s):  
John Hind
Keyword(s):  
Great Britain ◽  
Catholic Church ◽  
Canon Law ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Code Of Canon Law ◽  
Ecclesiastical Law ◽  
The Church

I am grateful to the Ecclesiastical Law Society and the Canon Law Society of Great Britain and Ireland for their invitation to address this theme, although I have to confess, as a non-lawyer, I do feel rather a fraud standing here. I take comfort, however, first from the fact that, albeit welcome, your invitation was unsought, and second from my understanding that the purpose of canon law is to give legal expression to the theology of the church and that the purpose of the theology of the Church (in its positive and articulated aspects) is to explain the purposes and the work of God. In other words, the ultimate point of canon law is and must be pastoral, as is well expressed by the last canon, Canon 1752, of the 1983 Code of Canon Law for the Roman Catholic Church, with its reference to ‘the salvation of souls, which in the Church must always be the supreme law’.

scholarly journals Language and Anglican Canon Law – Dabbling Briefly into Another Legal World

2011 ◽  
Vol 42 (2) ◽  
pp. 387
Author(s):  
Bill R Atkin
Keyword(s):  
New Zealand ◽  
Canon Law ◽  
Common Law ◽  
Customary Law ◽  
Anglican Church ◽  
Westminster Model ◽  
Legal Nature ◽  
The Common ◽  
The Church

Canon law is a body of rules that govern churches. It has a venerable history and has at times marched in step with the common law. It has a specialised vocabulary – even the word canon – much of which is derived from Greek. It also has sophisticated legislative systems, which vary from denomination to denomination and from place to place. In the case of the Anglican Church of New Zealand, the system is in part based on the Westminster model but has been modified when thought appropriate, with the result that the language used is partly familiar to the average lawyer but partly not. The exact legal nature of canon law is uncertain and may depend in part on whether the church is the established religion or not. In New Zealand where there is no establishment, a comparison could be made, inter alia, with customary law.

The Jews, The Law, and The Church: The Concept of Jewish Serfdom in Thirteenth-Century England

1991 ◽  
Vol 9 ◽  
pp. 153-172 ◽  
Author(s):  
J. A. Watt
Keyword(s):  
Thirteenth Century ◽  
Canon Law ◽  
Legal Status ◽  
Ecclesiastical Law ◽  
The Law ◽  
The Church ◽  
Legal Condition

The concept of Jewish serfdom has always figured prominently in interpretations of the medieval Jewish European past. It has seemed at once to hold the key to the understanding of Jewish status at both civil and ecclesiastical law and to mark in an especially dramatic way the degraded position (to some historians, a legal condition of rightlessness) forced on Jews in the period that witnessed a marked deterioration in their position in Christendom. ‘Crucial for an understanding of the entire Jewish position in the medieval world’, Salo Baron has written, summarizing a long-established interpretation, ‘is the institution of “Jewish serfdom”.’ And Gavin Langmuir sees the concept as dominating present historiography about the legal status of medieval Jews. This dominance, however, he has challenged: ‘To speak of Jews as royal serfs or “serfs” only obscures legal realities… Neither Jewish status in canon law nor Jewish status in secular law are accurately described as Jewish serfdom.’

Samuel Hallifax (1733–1790)

2019 ◽  
Vol 22 (1) ◽  
pp. 49-66
Author(s):  
Norman Doe
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Canon Law ◽  
Civil Law ◽  
Direct Connection ◽  
Cambridge University ◽  
Ecclesiastical Law ◽  
The Church ◽  
Regius Professor

Trinity Hall, Cambridge was founded in 1350 by William Bateman, Bishop of Norwich, for the study of canon law and civil law, as provided in its statutes. It later developed a direct connection with Doctors’ Commons in London, the College of Advocates practising in the church and admiralty courts. In the period 1512–1856, of the 462 admitted as advocates, 85 were from the Hall, including 15 masters and 45 fellows. From 1558 to 1857, the Hall had 9 out of about 25 Deans of Arches: two under Elizabeth, three at the end of the seventeenth century, three in the eighteenth century and one in the nineteenth. It has also provided more than 24 diocesan chancellors. As a result, within Cambridge University, Trinity Hall became the ‘nursery for civilians’, and the usual home for the Regius Professor of Civil Law. Among the first 12 of these (1540–1666), the Hall had 5. From 1666 to 1873, all of the next 12 holders were Trinity Hall by origin or adoption. Uniquely, all four of those holding this chair from 1757 to 1847 were clergy. These included Samuel Hallifax, Regius Professor of Civil Law 1770–1782. What follows deals with the life and career of Hallifax; his legal treatise An Analysis of the Roman Civil Law Compared with the Laws of England (with particular reference to its treatment of ecclesiastical law), its use and later editions; and the part played by it in a development which saw Trinity Hall become the centre for the new Civil Law classes (1816–1857), the forerunner of the modern Cambridge Law Tripos.

Education in Canon Law

1998 ◽  
Vol 5 (22) ◽  
pp. 46-48
Author(s):  
Christopher Hill
Keyword(s):  
Canon Law ◽  
Church Of England ◽  
Good Practice ◽  
Employment Law ◽  
Ecclesiastical Law ◽  
The Church ◽  
Rules Of The Game ◽  
Law And Gospel

For a number of years the Society has been troubled at the absence of, or at least the spasmodic nature of, any systematic teaching about Canon or Ecclesiastical law among ordinands and clergy of the Church of England. The first that an ordinand knows of law is often his or her Declaration of Assent and licensing as an Assistant Curate. Provided there are no great crises or scandals, or problems over marriages when the training Incumbent goes on holiday leaving the new Deacon to his or her own devices, the next occasion of ecclesiastical law will be at first incumbency, or possibly as a Team Vicar. After that Faculties, secular employment law, the Children Act, the Charities Act, the Ecumenical Canons become increasingly important; not to speak of the Pastoral Measure in Teams and Groups. No other profession would allow its officers such systematic ignorance of the rules of the game, or be so tardy in providing them with a summary of their rights and responsibilities. Sadly the image of law—and lawyers—has obscured the need for knowledge of professional rules and good practice. A misunderstanding of St Paul on Law and Gospel has permeated much evangelical, charismatic and radical thinking. Anglo-Catholics have a perverse respect for the canon law of another church rather than their own. But the tide has begun to turn.

The Origin and Founding of the Ecclesiastical Law Society

2000 ◽  
Vol 5 (26) ◽  
pp. 316-319
Author(s):  
Quentin Edwards
Keyword(s):  
Canon Law ◽  
Church Of England ◽  
Professional Knowledge ◽  
Ecclesiastical Law ◽  
Ecclesiastical Courts ◽  
The Subject ◽  
Shaped Hole ◽  
Points Of View ◽  
The Church ◽  
Law Commission

There was an ecclesiastical law shaped hole in the Church of England from the dissolution of Doctors' Commons in 1857 until 1987 when it was filled by the formation of the Ecclesiastical Law Society. In 1947, forty years earlier, the Archbishops' Canon Law Commission had suggested how the hole might be filled. The Commission was appointed in 1939 and published its report under the title The Canon Law of the Church of England (SPCK, 1947). The Report consisted of a learned and authoritative review of the sources of English canon law and made recommendations for its reform, in particular by appending to the Report a body of suggested revised canons. Included in the Report was the following paragraph expressing the hope that a society might be formed for the study of canon law:‘The success of a new code of canons will to a great extent depend on a wider knowledge than at present exists among the clergy of the law of the Church of England, its nature, history, development, and particular characteristics; and it is hoped that the previous chapters of this Report will provide an elementary introduction to the subject. We recommend therefore that those who are responsible for the training of ordination candidates and for the post-ordination training of the clergy should be asked to consider what steps can be taken to give both ordinands and clergy a more professional knowledge of the Church's law and constitution. In giving evidence before the Ecclesiastical Courts Commission in 1883 the late Sir Lewis Dibdin pointed out that since the disappearance of Doctors' Commons in 1857 there had really been no method of teaching or preserving a knowledge of the Ecclesiastical Law. It is impossible at this stage to revive anything like Doctors' Commons, but we would suggest that a society, consisting of clergy, professional historians, and lawyers, be formed for the purpose of studying the Ecclesiastical Law and of suggesting ways in which that law either needs alteration or can be developed to meet new needs. As a rule there is far too little contact and interchange of ideas and points of view between the clergy and ecclesiastical lawyers, and such a society would give opportunities for this. Such a society would train up a number of people competent to advise and help the clergy in the particular problems of Ecclesiastical Law with which from time to time they are confronted.’

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