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The article is devoted to the study of the process of formation of the right to judicial protection on the territory of Ukraine during the 9th-14th centuries. The authors established that during the emergence of statehood on the territory of modern Ukraine, a single and universal court for all social strata did not exist, and the institution of the court was not separated from other public authorities. At the beginning of the XI century through judicial reform, all courts were divided into public (state) and church. Public courts included princely, secular and public courts, while the system of ecclesiastical courts was made up of relevant instances at monasteries, dioceses and other church institutions. The jurisdiction of public courts extended to the entire free population of the state, except for the cler gy. The authors draw attention to the fact that the jurisdiction of the princely court formally extended to the entire population of the state, but de facto it considered cases where at least one of the parties were representatives of the feudal nobility of that time. Therefore, representatives of the highest social strata could fully exercise the right to judicial protection in the princely court. Under certain conditions, the right to judicial protection in the princely court could be exercised by representatives of all strata of the population (except personally dependent), but in such cases, the princely court probably acted as an appellate authority regarding decisions made primarily by publi c courts. The authors conclude that only the prince and the city community could exercise the right to judicial protection in the peer court. The most authoritative judicial institution among the population was the public court, and the right to legal protection could be exercised by all residents of the community without exception within the so-called «judicial district» (territory of the parish). In church courts, the clergy had a comprehensive right to appeal to the court of the local church hierarch or the metropolitan court. The secular population could exercise their right to judicial protection in the courts of ecclesiastical jurisdiction by appealing to the court of the local church hier arch. [ABSTRACT FROM AUTHOR]

AbstractOn the 18th September 1417, Matilda Burgin and Margaret Usshar were brought before the ecclesiastical court of the Bishop of Durham for attempting to enter Durham Cathedral in order to approach the shrine of St Cuthbert from which women were banned. So to enter, they put on masculine clothing and for these crimes they were punished with the public humiliation of wearing the offending clothing in full view of their community. This article will first examine the case of Matilda and Margaret, their arrest in Durham Cathedral and the social, spiritual and sartorial consequences of their very public punishment. It will then compare their experience with that of other medieval women and gender non-conforming people who were arrested in masculine dress. Finally, this article will examine the possible influence the popular religious literature of cross-dressing saints may have had on Matilda and Margaret. This article will ask whether Matilda and Margaret’s own personal devotion to St Cuthbert drove them to put on masculine clothing to see his shrine? Or was it a disdain for the gendered segregation upheld by the Bishop of Durham and a disobedience of the command of St Cuthbert? Or something else entirely. [ABSTRACT FROM AUTHOR]

This study aims to analyse two trials involving magic, superstition, exorcism, and witchcraft, which were held in 1713 in the Diocese of Vieste (present-day Apulia), Kingdom of Naples. It aims to illuminate the dynamics between the Church, magical practices, and the territorial context, providing insights into this less-explored period in inquisition history when the Catholic Church's fight against superstition was beginning to wane. The first trial against Rita di Ruggiero is very rich in detail, giving us a clear vision of which magical practices were used during the Modern Age. Additionally, it touches, albeit only marginally, on a theme that will be crucial for the duration of these practices in the Kingdom of Naples: the complex interactions between state and ecclesiastical authorities. The second 1713 trial involving Elisabetta Del Vecchio explores accusations of bewitchment, contributing to our understanding of witchcraft paradigms. [ABSTRACT FROM AUTHOR]

This article examines the role of bishops in the Byzantine Empire, specifically focusing on the Syriac community during the early Islamic period. It discusses the administrative and governmental tasks of bishops and argues that their secular function remained relatively unchanged during this time. The article also explores the political interaction between Muslim rulers and bishops, highlighting periods of caliphal intervention in ecclesiastical matters. It further examines the civil functions of bishops, including their role as diplomats and judges, and how these functions may have endured into the early Islamic period. The text also explores the complex relationship between Muslim caliphs and the Christian church, with caliphs often intervening in the appointment of bishops for political reasons. The level of caliphal involvement varied depending on the political climate, and local governors and other constituencies also influenced caliphal support for bishops. Overall, the study suggests that caliphs adopted a pragmatic approach to ecclesiastical disputes, aligning themselves with candidates who had broad consensus within the Christian community. [Extracted from the article]

Copyright of Quarterly of the History of Material Culture / Kwartalnik Historii Kultury Materialnej is the property of Instytut Archeologii i Etnologii Polskiej Akademii Nauk and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article investigates the factors that provoked the trial and death sentence of four witches in Bologna in 1559. That is, it aims to elucidate how a witch hunt (albeit a small one) was triggered in a context where demonology was present, but the persecution of witchcraft had been kept at a relatively moderate level (and continued to be so after that). Scholarly contributions on witchcraft and witch hunts are now innumerable, but in general, scholars have focused on the social relations between the alleged witches and the community in which they lived, on the theological culture of the judges, or even on the deep roots of the sabbath. An analysis of a series of trials for magical and superstitious practices held in Bologna shortly before the 1559 convictions reveals how it was possible to move from simple sorcery to actual witchcraft. This transition was accomplished both because of the malefic nature of some of the spells practiced by the defendants and because of the intervention of diocesan judges who, for various reasons, were more determined than their predecessors to prosecute witchcraft harshly. Although the link between simple superstition and witchcraft has already been explored to some extent, it emerges with particular clarity in these events. [ABSTRACT FROM AUTHOR]

Copyright of Critical Literary Studies is the property of University of Kurdistan and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines the historical development of funeral director licensing in the United States and its implications for religious practices. It discusses how these licensing statutes can conflict with religious traditions, particularly in the context of home funerals and clergy involvement. The text also raises concerns about autonomy and discrimination issues that arise when funeral director regulations impede religious freedom. It references the Supreme Court's decision in Roman Catholic Diocese of Brooklyn v. Cuomo as a potential precedent for protecting religious organizations from government interference. The article advocates for extending exemptions from funeral director licensing to religious groups to address these concerns and align with historical practices. [Extracted from the article]

"Aïcha Limbada's book, La nuit de noces. Une histoire de l'intimité conjugale, explores the intimate event of the wedding night in 19th century France. The author delves into the challenges faced by historians in studying such a private moment and examines the ignorance surrounding sexual matters among young bourgeois women during the Victorian era. Limbada uses a variety of sources, including ecclesiastical court records, to provide a realistic depiction of the experiences of newlyweds on their wedding night. The book also explores the traditional "marital rite" in different social classes and pays attention to the power dynamics within couples. Overall, the book is praised for its well-written narrative and feminist perspective." [Extracted from the article]

The article titled "Crusading, Society, and Politics in the Eastern Mediterranean in the Age of King Peter I of Cyprus" is a review of a book edited by Alexander D. Beihammer and Angel Nicolaou-Konnari. The book is a collection of papers presented at an international conference on the topic of knighthood, crusades, and diplomacy in the Eastern Mediterranean during the reign of King Peter I of Cyprus. The papers cover various aspects of King Peter's reign, including his depiction in historical sources and modern popular culture, the geographical and political context of his sack of Alexandria, the role of Cyprus in the Crusades, Venetian diplomacy in the Eastern Mediterranean, environmental factors during King Peter's reign, the competing claims of the Angevin and Lusignan royal houses to the crown of Jerusalem, the relationship between the papacy and King Peter, European military developments in the Eastern Mediterranean, and the sack of Alexandria from the perspective of the Mamluks. The article provides a brief overview of each paper and highlights the main arguments and findings. This collection of essays offers valuable insights into the political, structural, and intellectual developments in the Latin East, Byzantium, Muslim Anatolia, and the Mamluk sultanate during this period. [Extracted from the article]

The article "Voice Machines: The Castrato, the Cat Piano, and Other Strange Sounds" by Bonnie Gordon explores the intersections of music, the body, and early modernity. Gordon delves into the fluidities of music and bodily experiences, emphasizing the transformative and healing qualities of music. The text challenges traditional analytical strategies and highlights the importance of context in understanding historical sources. Gordon's work sheds light on the complexities of early modern music and its global implications, offering a unique perspective on the role of sound in shaping human experiences. [Extracted from the article]

"Love spells and lost treasure: Service magic in England from the later Middle Ages to the early modern era" by Tabitha Stanmore is a groundbreaking book that expands the source base on English magic. Stanmore examines the practice of "service magic," which was magic done in the service of others. She argues that service magic was a common and accepted practice, condemned by the church but viewed as useful or necessary by most people. The book provides statistical analysis and explores the social dynamics and perceptions of magic in different contexts, including popular society and the social elite. Stanmore's work raises questions for further research, such as the relationship between service magic and self-interested magic, the comparison with continental material, and the connection between service magic and witchcraft. While the book has strengths, such as its rich source base and nuanced analysis, it also has weaknesses, including garbled Latin texts and unnecessary quarrels with other scholars. Overall, "Love spells and lost treasure" offers valuable insights into the history of English magic. [Extracted from the article]

The article explores the history and purpose of clergy conferences, acknowledging their commonality in various professions. It discusses the origins of clergy conferences as a compromise between the clergy's desire for meetings and bishops' concerns about clerical behavior. The text also examines the revival and disappearance of the office of Rural Dean in the Church of England and the issue of literacy among parish clergy. It critiques the traditional top-down approach of clergy conferences and suggests adopting an andragogical approach that involves participant consultation and individual growth. The article emphasizes transparency, mutual respect, and clergy involvement in decision-making processes. [Extracted from the article]

Copyright of Journal of Legal Theory / Jogelméleti Szemle / Zeitschrift für Rechtstheorie is the property of Journal of Legal Theory / Jogelmeleti Szemle / Zeitschrift fur Rechtstheorie and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper discusses 'law' and 'religion' as a co-dependent dyad, and argues that the academic study of religion should see the concept of law as both an analytical category and an object of study. To this end, it argues for a broader understanding of law. It demonstrates that the understanding of law as secular state law, commonly used in analysis, is part of both religious and legal history. Anti-, intra-, and interreligious polemics and agendas were, after all, vital in the genesis and global proliferation of this understanding of law. In a second step, the paper performs an empirical analysis of legal practices within a religious organisation: the Presbyterian Church of the Gold Coast/Ghana. Two cases from one of this church's courts in the 1950s are analysed to showcase how religious actors contributed to the fashioning of the dyad of religion and law as a global phenomenon. [ABSTRACT FROM AUTHOR]

This article engages with queer and trans scholarship to produce a methodological think-piece on how to queer the Irish family. It draws on a case study of alleged crossdressing and attempted intimacy that was recorded in the Kirk Session (church court) minute book of the Irish Presbyterian congregation of Templepatrick, County Antrim. In March 1706, a woman named Margaret McCal appeared before Templepatrick Kirk Session and lodged a complaint against a fellow church member. Margaret alleged that an individual known to her as Elizabeth McIlroy had approached her 'Dressed in mans cloaths', called themselves 'David Campbell' and 'pretend[ed] courtship to her'. How do we understand this case? What can Margaret's story tell us about gender, sex, and relationships in eighteenth century Ireland? Moving beyond a reading of the Templepatrick case as a simple instance of crossdressing, this article opens up new discursive pathways in histories of gender and the Irish family by situating it within a trans historical framework. In response to the calls of trans and queer scholars to 'denaturalise the cisgender turn', the article begins by interrogating the Presbyterian archive as a cisnormative and heteronormative construction. Next, it offers a trans reading of the case and situates David Campbell, not simply as a woman dressed in men's clothing but as an individual who moved through the world at particular points in time as a man. Finally, the article ends by queering our understanding of female desire by unsettling the relationship between sex and gender in the pursuit of its fulfilment. Albeit based on one case-study, the story of David and Margaret captures an extraordinary – yet, as I will argue, very ordinary, intimate encounter that has important implications for our understanding of the family in Ireland. [ABSTRACT FROM AUTHOR]

The old volumes of the Acta Sanctae Sedis , the official journal of the Holy See, contain a largely unexplored trove of riches for historians of religions and ideas to explore. This article unearths from this source a report from 1880 on an episode of magical treasure hunting involving a priest. The episode very probably took place in Italy, likely in Sardinia. The report is interesting in that it attests to the persistence of this form of magic in an unusually late period: the latter part of the nineteenth century. The case serves to increase our stock of evidence regarding the Euro-American cultural practice of magical treasure hunting, as well as shedding significant light on a number of aspects of life in the community in which it arose. [ABSTRACT FROM AUTHOR]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

"Marriage, Separation, and Divorce in England, 1500–1700" by K. J. Kesselring and Tim Stretton is a significant contribution to the study of early modern marriage practices. The authors explore the archives of secular courts to uncover the history of marital separations during this period. Despite the limited options for divorce, the authors reveal that married couples in early modern England sought to separate more frequently than previously assumed. The book examines different courts and their handling of marital separation cases, highlighting the impact of coverture, a legal doctrine that subsumed a married woman's legal personhood to her husband. This research sheds light on the challenges faced by women in navigating a patriarchal legal system and provides valuable insights for scholars interested in early modern marriage, the legal system, and women's experiences. [Extracted from the article]

This article argues that pre-nineteenth-century elections at a sub-national level have an important place in the history of 'modern' voting practices. It does this through a discussion of unusually well-documented election disputes in eighteenth-century London parishes. Previously neglected records of litigation in the ecclesiastical courts reveal that parish elections in this period generated arguments which did not take place at a parliamentary level until the following century: arguments over votes for women, votes for religious minorities, and the secret ballot. Customary electoral rules came under increasing pressure in the early eighteenth century as London's population grew and changed in character. In some parishes, this produced a narrowing of the traditional ratepayer franchise, allowing only male Anglican ratepayers a vote in parish elections. Elsewhere, groups or individual residents successfully pushed for a more inclusive franchise which allowed ratepaying women, Dissenters, and Jews a voice in parochial politics. Similarly mixed practices emerged with regard to electoral procedure: residents who feared the overbearing influence of their neighbours pressed for a secret ballot, while others insisted on the merits of an open poll. These cases illustrate the importance of small-scale local institutions as key sites of innovation in the history of electoral reform. [ABSTRACT FROM AUTHOR]

Uncertainty about what constitutes work in the past has led to the labour of care occupying a shadowy place in the histories of both medicine and the economy. This article takes a microhistorical approach to shed new light on care in early modern England. Using depositions and other surviving records of a testamentary dispute heard in the Hereford diocesan church court in 1674–5, the article reconstructs the care received by a single, labouring man named Richard Howell. Focusing on forms of care that lay outside institutions, it unpicks the varieties of informal labour that society understood as care work in early modern England, including maintenance (provision of economic support for the sick, including lodging, food, and drink); physical or practical care (watching or attending the sick); and the emotional labour of care. The article challenges the idea that care work was simply undertaken by the family or carried out within a system of social obligation. It demonstrates that all forms of care in this pre-industrial society implicitly (and sometimes explicitly) held economic value, which could be leveraged as grounds for economic recompense in the early modern courts. [ABSTRACT FROM AUTHOR]

Sociologists define power as one party's capacity to influence another's action. Thus, power is a relational property of interpersonal interaction. However, its dynamics embed within institutions such as the church and the state. This paper explores power dynamics using a case study of the conflict between an Old Order Amish church and the civil law of Ohio. The church excommunicated a member for violating community rules. The member countered by suing the church in state court. We trace power within and across these spheres of influence, showing how each party defined the situation according to institutional vectors of power. While one might expect the state to possess greater power in this situation, we demonstrate that ultimately neither party had total power, and both lost to some extent. This case study identifies the importance of viewing power as interactional, dynamic, and contextual. [ABSTRACT FROM AUTHOR]

The present contribution aims to examine the value of jurisprudence and to offer a reflection to determine whether the functions attributed to it by the canonical legislation, endow it with obligatory nature, and whether consequently, the ecclesiastical tribunals of the particular churches, ought to resolve the causes according to the same criteria applied by the Tribunal of the Roman Rota. In this sense, it is convenient to begin by explaining the concept of jurisprudence and by analyzing in detail, the functions granted by the legislator, such as a mean for interpreting the law and as a source to supply in case of lacuna legis. [ABSTRACT FROM AUTHOR]

This article examines the pastoral theology of John Knox during his time at St Giles' Cathedral in Edinburgh. It discusses the practical aspects of Knox's ministry, including church finances, property ownership, and church governance, which he believed were crucial for the church's well-being. The article also provides historical context on the Scottish Reformation and Knox's experiences in St Andrews before his ministry in Edinburgh. It concludes with an analysis of the pastoral emphases found in Knox's work. Additionally, the text explores the challenges faced by Knox in Edinburgh, such as conflicts with Mary, Queen of Scots, and the death of his wife. It also discusses the introduction of the office of superintendent in the First Book of Discipline to address the shortage of ministers and further evangelization efforts. The text delves into Knox's personal grief and the political landscape of the time, including concerns about the Protestant cause in Scotland due to Mary, Queen of Scots potentially remarrying. It highlights the emergency Convention of Estates called in January 1561, which presented a revised version of the First Book of Discipline to establish the Church of Scotland. The General Assembly of the Church of Scotland was formed, addressing issues such as suppressing idolatry and managing church finances. While the nobility accepted the theological aspects of the Church's organization, they rejected some financial proposals. Despite Knox's pessimism, the nobility's actions aimed to maintain stability during the transition from the Roman Catholic Church to the Scottish crown. The text also discusses Knox's concerns and [Extracted from the article]

An examination of the history and development of interdiocesan tribunals reveals their implementation for more than eighty years as a means by which to ensure the proper administration of justice in the processing of causes. In order for this proper administration to occur, tribunals must be populated with ministers whose expertise in the matters to be adjudicated and availability to devote adequate time and energy to the process truly qualifies them for this grave task. The current scarcity of ministers with adequate knowledge of penal law, especially on the level of the particular church, is an obstacle to justice in the processing of penal causes with expedience and accuracy. By combining the ministers and resources of multiple dioceses, interdiocesan penal tribunals could contribute to the removal of this obstacle in the future. [ABSTRACT FROM AUTHOR]

John Taylor, a London waterman turned writer, published a series of pamphlets in Oxford between 1643 and 1645, showcasing his versatility as an author. His works covered topics such as royalist propaganda and satirical attacks on opponents, printed by various printers in Oxford. Despite hints of discontent with editorial interference, Taylor took pride in his role as a champion of the royalist cause and member of the Oxford writing team. The text consists of satirical works criticizing rebels, seditious preachers, and the Parliament at Westminster, using satire to express opinions on political and social issues of the time. [Extracted from the article]

Copyright of Revista de Historia Moderna is the property of Revista de Historia Moderna and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

"The Margins of Late Medieval London, 1430–1540" by Charlotte Berry explores the experiences of the ordinary population living outside the city walls of London during the late medieval period. Berry challenges the traditional view of medieval London as a city solely inhabited by the social elite and civic government. She examines various extramural neighborhoods and argues that these areas were vital parts of the city, incorporating diverse jurisdictions and land use. Berry also redefines the concept of marginality, emphasizing its multifaceted and flexible nature. Through a comprehensive analysis of sources such as tax assessments, testamentary records, and court documents, Berry sheds light on the social networks, mobility, and strategies of defense and reintegration employed by the marginalized population. Overall, this book provides a valuable and holistic study of the lives and experiences of ordinary Londoners beyond the central elite. [Extracted from the article]

Copyright of Mediterranea - Ricerche Storiche is the property of Mediterranea-Ricerche Storiche and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Church in the World / Crkva u Svijetu is the property of University of Split, Catholic Faculty of Theology and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The fundamental indissolubility of valid and consummated Catholic marriage anticipated the contemporary professional (canon law) and lay view of Catholic or even mixed marriages. The author concentrated on the late medieval Hungarian or Slovak realities, which she looked at in her study through the selected case of the Huber couple from Pressburg, heard at all levels of the Hungarian ecclesiastical courts, beginning with the Metropolitan Court of the Archdiocese of Esztergom, located in Trnava at the beginning of the 19th century. It provided her with a (micro)probe method to present a more realistic picture of the emergence, resolution, gradation or, on the contrary, hibernation of marital conflicts, controversies and the very coexistence in the marital couple cohabitation of a man and a woman than the contemporary professional and scientific canonical and civilistic writings of the late modern period would have postulated in a somewhat idealistic canonical manner. However, the study begins by noting the post-Tridentine (post-Conciliar) legal basis for the separation of the spouses, which made it possible to address both the marital cause in question and its other legal and social implications (especially the property status of the separated spouses). The author has decided to bring the topic of matrimonial disputes into the scientific discourse by way of legal-historical research only to one of the institutes of the matrimonial personal law of the Catholic Church -- separation or also called separation from the table and bed, which, although it did not dissolve the marriage, but which allowed the spouses to separate temporarily or even permanently and to find a new modus vivendi. [ABSTRACT FROM AUTHOR]

This research paper is based on the investigation of over 1000 lawsuits for the declaration of nullity of marriage initiated at the Church Interdiocesan Tribunal in Split between 2000 and 2020. The main aim of this research paper was to focus on the lawsuits connected with the canon 1095, n. 3, especially on the problems of gambling addiction. The materials were analysed synthetically, and data were collected on a number of lawsuits conducted under this canon and on specific reasons for filing a lawsuit. Data on annulation of matrimony were also collected. The data are presented in an anonymous and aggregated manner. Descriptive and inferential statistical methods were used. The paper consists of a theoretical part and methodology, which includes the motive of the paper, the description of the sample used and the criteria of inclusion, materials, methods and procedures of paper, and the presentation of the results, together with the discussion of the results. [ABSTRACT FROM AUTHOR]

The Council of Lateran IV (1215) was a landmark in the history of European law, when it required ecclesiastical courts to entrust the jurisdiction of the diocese to a person learned in canon law, among other things. This provision was the corollary of the rule that medieval canon law judges were, as a rule, persons who were well versed in the law and who had typically acquired their knowledge at universities. The situation was somewhat different in Hungary, where there was no university in the Middle Ages, but the extensive jurisdiction of the Holy See meant that the institutions of domestic law had to be applied, and the use of lawyers who knew Hungarian law was therefore indispensable. An important feature of medieval ecclesiastical jurisprudence was that, because of the high level of canon law knowledge required, judges were happy and often called upon the assistance of learned canon lawyers (iurisperiti) in complex cases. These lawyers, with their outstanding knowledge, were typically specialists in Roman canon law (ius novum) in the western countries of Europe, but in Hungary they were more likely to be specialists in the customary law of the nobility. Both groups of persons included the most qualified jurists of their time, and the institutional background for the acquisition of knowledge was provided by the universities. It was in these universities that learned law was taught, and not only substantive law but also a new model of procedural law (inquisitio) was created, based on the late Roman investigative trial. [ABSTRACT FROM AUTHOR]