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The courts
Philippa Byrne

a problem one law code could encounter when it tried to translate theological ideas into principles of legal guidance. This was a law code which was undergoing rapid change in the course of the twelfth century, which was struggling to deal with the role of the judge and judicial discretion and, which, as a result, developed a language and a terminology with which it could be understood. This is a model which needs to be kept in mind when considering the way in which judges who had been trained in this ecclesiastical law found themselves in England and being

in Justice and mercy
Jill Fitzgerald

and, eventually, inheriting the heavenly territories forfeited by rebels. Replacement, in this sense, becomes a vehicle of lordly compensation, a way to restore what was lost. As I will demonstrate, by framing replacement as a kind of legal transaction echoing the patterns of many contemporary law codes, the poet replicates the power structures of the Anglo-Saxon world in his literary representations of divine power. Dorothy Haines’s important work on the replacement doctrine similarly reveals telling nuances in the ways Anglo-Saxon poets and homilists adapted

in Rebel angels
Jill Fitzgerald

at the forefront of engaging with these challenges, especially when Cnut ascended the throne. Joyce Tally Lionarons suggests that, for Wulfstan, the coming of Cnut ‘signaled a reprieve and a chance to rebuild the English nation into Wulfstan’s vision of a holy society’. 39 Like Ælfric, Wulfstan demonstrates a highly developed sense of authorship. While my interest in this chapter lies mainly in Wulfstan’s homiletic corpus, it is important to note that he also wrote numerous legal tracts, law codes, social prescriptions, a commonplace book, and paraliturgical

in Rebel angels
Tony Kushner

language and their law-codes; the second, in Victorian times, witnessed that national search for the genius of English free institutions which discovered its origins in the law and polity of the early Teutonic peasantry. At both periods the links between national and local history were simultaneously racial and institutional. County history, with its origins in Tudor times, ‘was related to the perceived early racial divisions of the country: the British in Cornwall and Wales, with the shires south of the Tees under West-Saxon, Mercian or Danish

in Anglo-Jewry since 1066
The Church
Philippa Byrne

just when so out of alignment with all other measurements of law and reason. The letter is focused on the principles of law rather than the moral orientation of the judge. It is considered here for the significance of the connection, and the fact that it might provide a useful way of modelling the argument of this book. This is not a case of – it is not as simple as – theologians ‘telling’ lawyers what to do; giving instruction and awaiting the inscription of those theological ideals in law codes. It speaks to a more complex relationship; an interaction and exchange

in Justice and mercy
Jill Fitzgerald

remember that ‘the diploma, though written by the Church, was nevertheless presented as an act of the king’ and they must therefore be understood first and foremost as secular documents. 70 Charles Insley carries this valuation further and observes that charters, like the law codes, ‘had a very real role in the development and dissemination of English royal political and ideological agendas’. 71 Insley poses the question: ‘are the elaborate and often baroque proems of charters from the period c. 930–90 simply the academic exercises of clever

in Rebel angels
Abstract only
The dimension and layout of books containing Old English
Donald G. Scragg

’s Ecclesiastical History (items 8 and 11). At the opposite extreme, such copies of the laws as have survived are regularly small (items 96, 99, 100 and 102), exceptions being where law-codes are added to other material, as in the Parker Chronicle (item 15). It is possible that copies of particular sorts of material traditionally have a uniform size, or it may be that these are of like size because the copies are in some way related in their transmission history, for example the copies of Ælfric’s Grammar in items 51, 54, 59, 65, and 66, and again 92 and 94, 17 or copies of

in Aspects of knowledge
John Edwards

such presumptuous persons shall be duly restrained by suitable punishment meted out by the secular rulers, so that none dare blaspheme against Him who was crucified for our sake. 6 One of those who attempted to obey this injunction was Alfonso X of Castile (1252-1284), His seven-part law-code, known in

in The Jews in western Europe 1400–1600
Janet Hamilton
,
Bernard Hamilton
, and
Yuri Stoyanov

those whom the Church labelled heretics. 12 When Justinian I (527–65) systematized the Roman law code he equated heresy with treason, and made both capital offences. His legislation against the Manichaeans was particularly harsh: ‘We decree that those who profess the pernicious error of the Manichaeans shall have no legal right or official permission to live in any place in our republic [ sic ] and

in Christian dualist heresies in the Byzantine world c. 650–c. 1450
Abstract only
Janet Hamilton
,
Bernard Hamilton
, and
Yuri Stoyanov

. 4 Death had been a penalty for heresy in the law code of Justinian, the basis of Byzantine law. 5 These five patriarchates, in the view of the Orthodox, made up the universal Church. 6 The councils of Nicaea I (325), Constantinople

in Christian dualist heresies in the Byzantine world c. 650–c. 1450