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Monastic exemption in France, c. 590– c. 1100

This book examines the history of monastic exemption in France. It maps an institutional story of monastic freedom and protection, which is deeply rooted in the religious, political, social, and legal culture of the early Middle Ages. Traversing many geo-political boundaries and fields of historical specialisation, this book evaluates the nature and extent of papal involvement in French monasteries between the sixth and eleventh centuries. Defining the meaning and value of exemption to medieval contemporaries during this era, it demonstrates how the papacy’s commitment, cooperation, and intervention transformed existing ecclesiastical and political structures. Charting the elaboration of monastic exemption privileges from a marginalised to centralised practice, this book asks why so many French monasteries were seeking exemption privileges directly from Rome; what significance they held for monks, bishops, secular rulers, and popes; how and why this practice developed throughout the early Middle Ages; and, ultimately, what impact monastic exemption had on the emerging identity of papal authority, the growth of early monasticism, Frankish politics and governance, church reform, and canon law.

An anthology of literary texts and contexts

This book is an anthology of selections from works dealing with same-sex love, desire, sexual acts, and relationships during the period 1550-1735 in early modern England. It presents religious and moral writings, pseudo-medical writings, criminal pamphlets, travel writings, and letters on same-sex desire. The condemnation of male and female same-sex sexual acts is embedded in the earliest Christian theology. The early modern medical, pseudo-medical, and anatomical texts in Latin are surprisingly reticent about the physiological and anatomical aspects of homoerotic sexuality and desire. Canon law had long condemned male same-sex sexual acts. The 1533-34 statute in England forbade male same-sex sexual acts but ignored female same-sex intercourse. English travel narratives dealing with the sexual customs of other cultures often present sexual licentiousness as endemic, sometimes touching specifically on sodomy and tribadism. The most detailed presentations of same-sex erotic relationships in non-European cultures are those relating to Turkey and the Turkish seraglio. Familiar letters, such as between James I and VI, could reveal personal secrets and be radically transgressive in their emphasis on fostering love and desire. The book discusses homo-sexual subculture during 1700-1730, translation of Latin and Greek texts, and numerous literature representing male and female same-sex erotic relationships. The largely 'socially diffused homosexuality' of the seventeenth century changed profoundly with 'clothes, gestures, language' connoting 'homosexuality'. The book shows how literary genres of male same-sex and female-sex desires such as Shakespeare's Sonnets, and Catherine Trotter's Agnes de Castro allow the modern reader to chart changes in their representation.

The courts
Philippa Byrne

A canon law parallel/parable This chapter begins with a plea for the indulgence of canon lawyers, for whom the central argument of this chapter – that the law had significant difficulties in coping with the status of mercy – may seem, prima facie, unsurprising. That is because the history of canon law has long accepted that in the eleventh and twelfth centuries, there were both theoretical and practical anxieties about how judges should reconcile the conflicting demands of mercy and justice. Part of the work of

in Justice and mercy
Abstract only
Kriston R. Rennie

it meant to contemporaries. In what ways did its early practice shape later canon law? What were the precedents which framed later legal developments? In answering these questions, we must build on the common understanding, and never forget the simple fact, that exemption privileges ‘were frequent in practice and expansive in conception during the years when the canon law was being formulated’. 5 To advance our understanding further, therefore, the technical form of exemption must be stripped down to its constitutive elements. This methodological approach offers

in Freedom and protection
Open Access (free)
Maureen Mulholland

manorial, secular and ecclesiastical, which adopted different procedures, adversarial and inquisitorial. Some used juries and some did not; some looked to accusers, others to informers. The chapters in this volume discuss the principles which governed both the common law of England and the Roman and canon law of the Church and of some of the states of continental Europe. Some are written by scholars who are, by training, lawyers and members of law faculties and schools, others by historians interested in the application of the law and the functioning of the courts in

in Judicial tribunals in England and Europe, 1200–1700
Anthony Musson and Edward Powell

In the later Middle Ages a broad intellectual background for concepts of law and justice existed based on a composite of the Bible and the tenets of Christianity, the corpus of Roman law and canon law, and (amongst others) the writings of Aristotle and St Thomas Aquinas. 1 The general principles of law, government and kingship were set out and elaborated by philosophers, theologians and jurists in

in Crime, Law and Society in the Later Middle Ages
S. Karly Kehoe

needs and preferences. The first part of this chapter charts the recruitment of four teaching communities of women religious to Scotland’s two main cities: the Ursulines of Jesus and the Sisters of Mercy in Edinburgh and the Franciscan Sisters of the Immaculate Conception and the Sisters of Mercy in Glasgow. According to Canon Law, there were three types of religious institutes: contemplative, active and mixed. In contemplative institutes nuns were enclosed and took solemn, lifelong vows; active institutes were ‘chiefly The recruitment of women religious 75 devoted

in Creating a Scottish Church
Marie Helena Loughlin

ch a pt e r 3 Criminal Pamphlets and the Law Criminal Pamphlets and the Law Introduction Although Western European cultures have always stigmatized and penalized same-sex intercourse between men (in particular), the penalties and the legal bodies responsible for trying and punishing offenders, as well as the legal definition and recognition of the seriousness of this act, fluctuated over the centuries. Canon law had long condemned male same-sex sexual acts, at least from the late fourth century ce, but the later Church courts were inconsistent in their

in Same-Sex Desire in Early Modern England, 1550–1735
Custody, inheritance, and taxation
Ginger S. Frost

and juries, but Parliament’s efforts in accommodating it were particularly unimpressive. The Legitimacy Declaration Act of 1857 was a good example, a highly limited measure that nevertheless illustrated the messy personal issues with which illegitimacy was entangled – clandestine marriages, family secrets, and adultery. 16 Illegitimacy in English law and society, 1860–1930 Legitimacy declaration suits The English law of marriage followed canon law in its acceptance of clandestine and irregular unions in the eighteenth century. Though Rebecca Probert has argued

in Illegitimacy in English law and society,1860–1930
Canon law, civil law and community opinion
Dana Wessell Lightfoot

1 The making of marriage in fifteenth-century Valencia: canon law, civil law and ­community  opinion W hen Teresa Dauder arrived in Valencia at the age of 12 to work as a servant in the Oviets’ household, she came to a city on the rise. The fifteenth century has been described by historians as the ‘Golden Age’ for the city of Valencia. Culturally, this century was characterized by the artistic and literary splendour of writers such as Ausiàs March and Jaume Roig. Economically, its manufacturing and commercial activity flourished as Valencia became a central

in Women, dowries and agency