Proof and reproof: the judicial component of episcopal confrontation

Nicetius of Trier was one of the most temperamental bishops to have a place in the writings of Gregory of Tours. In the tradition of St Martin, Nicetius represented one extreme of the relationship between ecclesiastical and secular authority in sixth-century Gaul. He stands out as an example of conflict between those two spheres, in both contemporary and modern portraits. This article attempts to place Nicetius within a tradition of episcopal behaviour that undermines the element of conflict. By focusing on the judicial functions that Nicetius fulfilled in the context of penance and oath swearing, it argues that Nicetius was less an extreme example of spiritual audacity than he was an exceptional model for commonplace virtues of the ideal bishop. This article is, therefore, a case-study for a larger project.     

Proof and reproof: the judicial component of episcopal confrontation

Nicetius of Trier was one of the most temperamental bishops to have a place in the writings of Gregory of Tours. In the tradition of St Martin, Nicetius represented one extreme of the relationship between ecclesiastical and secular authority in sixth-century Gaul. He stands out as an example of conflict between those two spheres, in both contemporary and modern portraits. This article attempts to place Nicetius within a tradition of episcopal behaviour that undermines the element of conflict. By focusing on the judicial functions that Nicetius fulfilled in the context of penance and oath swearing, it argues that Nicetius was less an extreme example of spiritual audacity than he was an exceptional model for commonplace virtues of the ideal bishop. This article is, therefore, a case-study for a larger project.     

EDWIN SANDYS,ARCHBISHOP OF YORK 1577–88, ‘STIFF-NECKED,WILFUL AND OBSTINATE’: CONFLICT IN THE ELIZABETHAN CHURCH

Abstract

This article examines the events that, as legend has it, resulted in the foundation of Balliol College (c. 1263) by John (I) Balliol (d. 1268). The Balliol family had long been at odds with successive bishops of Durham over certain lands in Sadberge, the homage of which the bishops believed they were owed. John (I) began his struggle just after his inheritance in 1229 and the dispute reached its height in 1255–60, at which time an intense argument broke out. Other factors, including his actions whilst serving as one of Henry III's English representatives in the Scottish government (1251–55), led to Balliol's ultimate submission to Bishop Kirkham (d. 1260) at Durham Cathedral in 1260 and the foundation of Balliol College at Kirkham's instance. The theory remains, as one historian argues, that Balliol's penance was to give the long delayed homage to the bishop for these lands and not to establish Balliol College. However, there are no surviving records of homage and other possibilities remain, including perhaps that the penance called for Balliol's youngest son, John (II), the future King of Scotland, to be educated at a Durham school.     

Mendicant orders in the Principality of Achaia and the Latin communal identity, 1204–1453

Abstract

Despite the fact that the Franciscan and Dominican Orders arrived in Latin Greece well armed with a specific mandate to engage and evangelize the Orthodox population in order to facilitate the implementation of Church union, little if any effort was made in this regard by the members of either order. Rather, reliant as they were on the Latin secular authorities for protection, support and sustenance, they appeared content to spend their tenure in Greece ministering almost exclusively to the Latin segment of the population, becoming deeply involved in the political, economic and cultural life of the Latin states. This was to the utter detriment of their original mission to the Orthodox. Thus, this article examines the role of mendicants in Achaia as contributors to the Latin cultural identity, especially in the episcopal context.     

Suffering another’s sin: proxy penance in the thirteenth century

Proxy penance – where one person completed penance for another person, who received the benefit – had a long history in medieval Europe, despite the lack of scholarly interest in the subject. This article examines one moment in this long history when proxy penance was debated by theologians and practised by individuals at the same time. By juxtaposing two discourses – the theoretical and the practical – a comprehensive image of proxy penance is stitched together. Particular attention is paid not only to the historical contexts out of which proxy penance emanated but also to the specific ways that individuals and groups experienced proxy activity. This research broadens the scholarly conversation about medieval penance, situates female spirituality in a new framework and places proxy penance within the context of larger theological and social innovations.     

Partial cranial trephination by means of Hippocrates' trypanon from 5th century BC Himera (Sicily,Italy)

The paper deals with a new case of partial cranial trephination found in one of the necropolises of the Greek colony of Himera in Sicily. It is one of the very few cases of cranial trephination of Greek classical age. Macroscopic as well as radiological investigations prove that the operation was perimortal as no growth of new bone could be detected, SEM‐EDS microanalysis of the piece revealed the traces left by the tool used during trephination. The review of ancient Greek and Latin medical and surgical texts permitted us to establish that the tool used in Himera was a (trypanon) mentioned by Hippocrates and named terebra by Latin authors. Copyright © 2010 John Wiley & Sons, Ltd.     

The Knightly Brothers of Bernard of Clairvaux and the Twelfth-Century Cistercian Lay Monk*

Abbot Bernard of Clairvaux (r. 1115–1153) was a prominent twelfth-century religious leader whose knightly family collectively converted to monastic life with him in adulthood around 1113. Following Clairvaux's foundation in 1115, Bernard's brothers held roles of significant estate seniority despite their own professional limitations as newly converted and apparently illiterate knights. This study discusses their professional backgrounds and contexts as “lay monks” or monachi laici, converts who possessed no prior church grade or formally recognised Latin competence. The careers of Bernard's brothers and other Benedictines across the eleventh to early thirteenth centuries illuminate a number of the ways in which secular converts could contribute to their abbeys as culturally mixed and prosperous religious estate communities.     

Rethinking the Pseudo‐Eligius sermon collection

St Eligius of Noyon (d. 660) has been credited with the authorship of a collection of sixteen sermons since their publication in the sixteenth century. However, this article demonstrates through a detailed analysis of the sources used in these sermons that the collection cannot have been composed before the end of the ninth century. The sermons were written to be preached by a bishop in the vernacular to a mixed audience of clergy and laity. This article also shows how the sermons for Maundy Thursday can shed light on the theory and practice of public penance in the late Carolingian church.     

Canon law and the practice of penance: Burchard of Worms's penitential

This article investigates the characteristics and function of Book 19 of Burchard's Decretum. It demonstrates how the penitential questionnaire, usually considered the most original part of this text, was the result of Burchard's systematic expansion upon his main source, Regino of Prüm. It argues that Book 19 was not a conventional penitential, to be used to support the administration of penance by priests, but rather that it was meant to be both an exemplary penitential and a summary of the preceding eighteen books. Burchard thus sought to ensure there was no contradiction between his collection of canon law and his penitential.     

Foreign Languages in the Elementary Schools of Richmond,Virginia

The medieval hunt and hunting manuals have been studied by historians as sources for the history of medieval science and geography, and for their insights into the daily lives of the elite societies that practiced hunting as a ritualized sport. This article examines two medieval hunting manuals, Juan Manuel’s Libro de la caza, and the Libro de la montería, commissioned by King Alfonso XI of Castile, and King Alfonso X’s law code, the Siete partidas, for their rhetorical and ideological portrayals of hunting and falconry as expressions of aristocratic power and sovereignty over the natural world. The article concludes with a study of an imagined debate between the merits of falconry and hunting with hounds in the Libro de la caza and Libro de la montería that sheds light on Juan Manuel and Alfonso’s competing views on nobility, informed by the political history of war and rebellion that shaped the lives of both men.     

Penance and the law: the penitential canons of the Collection in Nine Books

This article examines the south Italian tenth‐century Collection in Nine Books, one of the first Italian compilations of canon law to incorporate a penitential handbook. It places this work in the context of other tenth‐century collections, investigating its sources, and the way in which its compiler chose to include penitential canons. It therefore contributes to the current debate about the purpose and function of penitentials as a genre in this period, arguing that they were probably intended to support the efforts of bishops to educate priests in the administration of penance.     

The Christian Socialist Movement in Scotland C. 1850–1930

Abstract

This essay reads Politics and Passion as a philosophical complement to theological projects that see no innate conflict between Christianity and liberalism and considers the significance of Waltzer's "more egalitarian liberalism" from the perspective of one who believes there to be compelling theological, ethical and political grounds for "making common cause" with liberalism. Liberal human rights discourse provides the lens through which this case is argued. This essay endorses the revisions proposed in Politics and Passion and suggests that developments in human rights discourse since the early twentieth century allows one to regard this discourse as a still unfinished version of Waltzer's more egalitarian liberalism. I argue that it is precisely because of the pressures identified by Waltzer that a thicker, more contextually varied conceptualization of rights has been generated. Moreover, when human rights language is understood as a discourse of egalitarian rather than emancipatory liberalism, then the claims that it is irredeemably secular, individualistic and voluntaristic, and that its adoption will result in the marginalization of Christian narrative traditions, are no longer tenable.     

Between Byzantium and Jerusalem? The principality of Antioch,Renaud of Châtillon,and the penance of Mamistra in 1158

In the summer of 1158, Manuel I Komnenos, emperor of Byzantium, brought a large force into Cilicia to quell Armenian resistance and to seek retribution for an attack launched on the Byzantine island of Cyprus by Renaud of Châtillon, prince of Antioch. In haste, Renaud came to the city of Mamistra, and performed a humiliating penance before agreeing to imperial overlordship. Historians have long conceived of this act as one forced on Renaud by Manuel and King Baldwin III of Jerusalem, and as marking the creation of a political condominium, which divided Antioch between these two rulers. This article seeks to challenge the established opinion by drawing attention to the diplomatic skill demonstrated by the Antiochenes, and the independence with which they pursued and secured close and favourable ties to Byzantium.     

Sexual morality and canon law: The evidence of the Rochester consistory court

Material which survives from the Rochester consistory court during the middle years of the fourteenth century makes it possible to examine the manner in which canon legal theory on offences against sexual morality was implemented in practice. The officials at Rochester were adhering to general canon legal principles by assigning penance according to a ‘hierarchy of sin‘, and they were using the discretion allowed to them to make individual judgments in each case. The use of penances other than penitential beatings was related both to contemporary views on the suitability of different forms of penance for those in authority, and to the actual gravity of an offence. Priests' delicts were regarded more seriously than those of the laity. The court did not display any bias against women when assigning penance, and often treated men more harshly.     

A challenge to the reigning theory of the just war

Troubled times often gives rise to great art that reflects those troubles. So too with political theory. The greatest work of twentieth century political theory, John Rawls's A theory of justice, was inspired in various respects by extreme social and economic inequality, racialized slavery and racial segregation in the United States. Arguably the most influential work of political theory since Rawls—Michael Walzer's Just and unjust wars—a sustained and historically informed reflection on the morality of interstate armed conflict—was written in the midst of the Vietnam War. It should be no surprise, then, that the bellicose period of the past 20 years should give rise to a robust new literature in political theory on the morality of armed conflict. It has been of uneven quality, and to some extent episodic, responding to particular challenges—the increased prevalence of asymmetric warfare and the permissibility of preventive or preemptive war—that have arisen as a result of specific events. In the past decade, however, a group of philosophers has begun to pose more fundamental questions about the reigning theory of the morality of armed conflict warfare—just war theory—as formulated by Walzer and others. Jeff McMahan's concise, inventive and tightly argued work Killing in war is without doubt the most important of these challenges to the reigning theory of the just war. This review article discusses McMahan's work, some of the critical attention it has received, and its potential implications for practice.