Saturday, 24 November 2012

The Two Swords

The New Testament defines the Christian relationship between the Spiritual and Temporal

St. Paul's Epistle to the Hebrwes

Hebrews 7:7 Douay-Rheims 1899 American Edition (DRA)Chapter 7 Verse 7
And without all contradiction, that which is less, is blessed by the better.

Meaning

That the blessor is superior/better that the blessed. In the context of a coronation ceremony the archbishop blesses and consecrates the king, or the Pope consecrates the Holy Roman Emperor.

The Spiritual Power grants the Temporal/Secular Power or ruler his authority to rule from God during the coronation ceremony. In his turn the Temporal/Secular Power promises to protect and grant freedom to and provide for the Spiritual Power, namely the Church. 

This is the origin or precedent of the spiritual power which leads to the concept of Papal Supremacy.





Quotes from
A history of mediæval political theory in the West, R. W. Carlyle and A. J. Carlyle
(1903, Blackwood, Edinburgh and London)
Volume 4, Chapter IV, pp. 40-
The Relative Dignity of the Temporal and Spiritual Powers


...




Enough has been said to make it elear that, while probably every one in the tenth and eleventh centuries would have recognised certain general principles as determining the relative position of the two great authorities, the actual demarcation of the exact sphere of each authority was some- what uncertain and fluctuating. The secular authority had its ecclesiastical responsibilities, and the ecclesiastical its political, while in the direction and control of many ecclesi- astical matters the Christian people, the laity, had an un- determined but real place.



...




We can find phrases which assert very emphatically the superior dignity of the Spiritual as compared with the Temporal power.
...
[in the tenth century] Ratherius of Verona, in his writings we find the confident expression of his conviction of the superiority of his office [as Bishop of Verona] and position to that of the king.
...
in a treatise ascribed to Pope Silvester II. (Gerbert), he urges bishops to remember that no dignity can be compared with theirs, that the crowns of kings are in comparison with the mitres of bishops as lead compared to gold, and that kings and princes bow their necks to the priest and reverence his decrees.
...
when attending the court of the Emperor Henry III., he asked that he should be provided with a seat, for it was not seemly that one who had been anointed with the holy chrism should not receive due respect. The Emperor said that he also had received his authority with the anointing of the holy oil, but Wazo replied that this unction which he had received was very different from that of the priest, and greatly inferior, for it was the sign of the power of death, while that of the priest was the sign of the power of life.
...
When, however, we have recognised how emphatic, even in those times, was the claim that the Spiritual power was superior in dignity to the Temporal, we must be careful to observe that this did not at all mean that the ecclesiastical person was not subject to the secular in secular matters. The greater clergy, that is the bishops and abbots of the greater monasteries, were by the end of the tenth century, in almost all cases, the vassals of the emperor or king, or of some great lord, and as such they owed them loyalty and were subject, with respect to their feudal tenure, to the jurisdiction of the feudal courts.
...
In his letter [Peter Damian] to the people of Faenza he com- mends their determination not to proceed to the election of their bishop till the King (Henry III.) should arrive. While warning the secular princes against the error of thinking that they have arbitrary rights of appointment, he seems clearly to recognise their rights. Even with respect to appointments to the Papal See, he seems clearly to interpret the decree of Pope Nicholas II. as implying that the election was not to be reckoned as complete until it had been submitted to the royal authority. And in his references to Henry III. he recog- nises, as we have seen, in the most unqualified terms the service which he had rendered to the Church in purging it from simony, and compares him to King Josiah, who, when he had found the Book of the Law, overthrew the altars and the abominable idols and superstitions of former kings, and says that it was because he refused to follow the corrupt example of his predecessors that, by the divine dispensation, it had come about that the Roman Church was now ordered accord- ing to his will, and that no one should be elected to the Roman See without his authority.
...
If, however, from such passages as these we may justly infer that Peter Damian admitted the propriety of the in- tervention of the Temporal power in ecclesiastical affairs, we can also find in his writings phrases which express a very high sense of the superiority of the Spiritual power over the Temporal. In one place he describes the Pope as the King of Kings and Prince of Emperors, who excels all men in honour and dignity.
...
He speaks of Christ as having committed to St Peter " beato vitte seternse clavigero, terreni simul et Coelestis imperii iura " ; and, in another place, as having committed to St Peter the laws of heaven and earth.
...
...
Peter Damian speaks of the close union which ought to exist between the royal and the priestly power, for each has need of the other. The priesthood is protected by the kingdom, and the kingdom by the sanctity of the priestly office. The king is girded with the sword to resist the enemies of the Church, while the priest gives himself to prayer that he may propitiate God to the king and people.
Temporal and Spiritual powers is practically based upon what we have called the Gelasian tradition — that is, the conception set out in the fifth century by Pope Gelasius I., of the autonomy of each of the great powers within its own sphere.



...



the function of the priest is to abound
in compassion, and to cherish the children with motherly
love ; the function of the judge is to punish the wicked, to
deliver the innocent from their hands






...




The tribunal of the judge is clearly differ- ent from the seat of the priest. The judge bears the sword that he may punish those who live unrighteously; the priest is content with the staff of innocence that he may maintain a quiet and peaceable discipline.

The two swords
and he describes the felicity of that condition of things when the sword of the kingdom is joined to the sword of the priest, when the sword of the priest tempers that of the king, and the sword of the king sharpens that of the priest ; for these are the two swords spoken of at the time of the Lord's Passion. Then, indeed, will the Kingdom and the priesthood be set forward and honoured, when they are joined in this happy union.
...
The two swords are both from God: both represent the divine authority, and they ought to be in the closest alliance with each other;
...
Peter Damian talks of them as quite distinct and independent, and that he in no way suggests that conception, which appeared later, that both swords belonged to the Spiritual power.


Further Reference

J. H. Burns (17 October 1991). The Cambridge History of Medieval Political Thought C.350-c.1450. Cambridge University Press. pp. 319–. ISBN 978-0-521-42388-5.

Lacey Baldwin Smith (1999). Fools, Martyrs, Traitors: The Story of Martyrdom in the Western World. Northwestern University Press. pp. 117–. ISBN 978-0-8101-1724-2.

Barons, Baronies and Bishops' Regalia

Extract from

Sir Thomas Edlyne Tomlins (1811). The law-dictionary: explaining the rise, progress, and present state, of the English law: defining and interpreting the terms or words of art; and comprising copious information on the subjects of law, trade, and government. I. Riley. pp. 265–5.







See also


William Mudford (1834). "By What Rights Do Bishops Sit In Parliament"The Canterbury Magazine. Office of the Kentish Observer. pp. 64–.
Sir Robert Warrand Carlyle; Alexander James Carlyle (1903)

A history of mediæval political theory, Volume 4, p.342-83 

Postan, M. M., and John Hatcher. “Population and Class Relations in Feudal Society.” Past & Present, no. 78, 1978, pp. 24–37. JSTOR, www.jstor.org/stable/650370

Gerhoh of Reichersberg








Friday, 16 November 2012

State Trials

Extract from

William Cobbett; Thomas Bayly Howell; Th. J. Howell; William Jardine (1809). Cobbett's Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Present Time: With Notes and Other Illustrations. Bagshaw.

Also
Thomas Jones Howell; William Cobbett; David Jardine (1816). A complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the year 1783. T. C. Hansard for Longman, Hurst, Rees, Orme, and Brown. pp. 8–



Proceedings against Thomas Becket Archbishop of Canterbury for High Treason
9 Henry II AD 1163 [1 Brady's Complete History 383 2 Tyrrell 312]




 

References

James Tyrrell (1700). The General History Of England, Both Ecclesiastical and Civil: Volume IIII. Rogers.

Robert Brady (1685). A Complete History of England: From the First Entrance of the Romans Under the Conduct of Julius Cæsar, Unto the End of the Reign of King Henry III.. In the Savoy, Printed by T. Newcomb for S. Lowndes.

State Trials - Wikipedia

A Complete Collection of State Trials and Proceedings for High Treason and Other Crimes

Thomas Jones Howell; William Cobbett; David Jardine (1816). A complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the year 1783, with notes and other illustrations. T. C. Hansard for Longman, Hurst, Rees, Orme, and Brown.



The Criminal Trial before the Lawyers
John H. Langbein
The University of Chicago Law Review , Vol. 45, No. 2 (Winter, 1978) , pp. 263-316
http://www.jstor.org/stable/1599166

Radulfi de Diceto
D. Wilkins (1715) Concilia Magnae Britanniae et Hiberniae p. 436 


John the Marshall v. Thomas Becket 1164

The King v. Thomas Becket 1164

Thursday, 15 November 2012

Pope Alexander III

Alexander III was a hugely reformist pope willing push a huge reform programme in the Church. Becket supported him in this  and urged his colleagues to be prepared to die for the cause of Libertas Ecclesiae. 

 References

http://en.wikipedia.org/wiki/Pope_Alexander_III

Frank N. Magill (2012). The Middle Ages: Dictionary of World Biography Volume 2. Alexander III: Routledge. pp. 48–. ISBN 978-1-136-59313-0.

Everett U. Crosby (2013). The King's Bishops: The Politics of Patronage in England and Normandy, 1066-1216. Palgrave Macmillan. pp. 30–. ISBN 978-1-137-35212-5

Marshall Whithed Baldwin (1968). Alexander III and the Twelfth Century. Newman Press.




http://www2.fiu.edu/~mirandas/bios1150.htm#Bandinelli

Peter D. Clarke; Anne J. Duggan (28 July 2013). Pope Alexander III (1159–81): The Art of Survival. Ashgate Publishing, Ltd. pp. 1–. ISBN 978-1-4094-8305-2.

Philippus Jaffé (1851). "Alexander III 1159-81"Regesta pontificum romanorum ab condita ecclesia ad annum post Christum natum MCXCVIII. Veit et socius. pp. 677–.

Gesta Alexandri III Papae pp. 720-
https://archive.org/stream/recueildeshistor15bouq#page/720/mode/1up

Cardinal Boso (1973). Boso's life of Alexander III.. Rowman and Littlefield. ISBN 978-0-87471-183-7.

Marcel Pacaut (1956). Alexandre III: étude sur la conception du pouvoir pontifical dans sa pensée et dans son oeuvre. J. Vrin.

Johann Karl Ludwig Gieseler (1871). A Text-book of Church History. Popes Hadrian IV and Alexander III: Harper & brothers. pp. 283–
Peter D. Clarke; Anne J. Duggan (2012). Pope Alexander III (1159-81): The Art of Survival. Ashgate Publishing Company. ISBN 978-0-7546-6288-4




Alexander (III pope.) (1855). Alexandri iii ... opera omnia


George Archibald Campbell (1 May 2003). The Knights Templars: Their Rise and Fall. Kessinger Publishing. pp. 71–. ISBN 978-0-7661-5658-6.

Diana Greenway; Christopher Holdsworth; Jane Sayers (18 July 2002). "Raymonde Foreville: Alexandre III et la canonisation des saints". Tradition and Change: Essays in Honour of Marjorie Chibnall Presented by Her Friends on the Occasion of Her Seventieth Birthday. Cambridge University Press. pp. 63–. ISBN 978-0-521-52499-5.

Hermann Reuter (1845). Geschichte Alexanders des Dritten und der Kirche seiner Zeit. Band Erst.


Patrologia Latina Vol. 200


Extract From

 SS Alexander IIIReditus in indicem primum
       KB       TemporaSSAuctorOperis TitulusSermoForma
 967  1159-1181  SS  SS Alexander III    Bullarium (Cherubini vol 1 ff 067 073 )    LT    pdf  
 399  1159-1181  SS  SS Alexander III    Cardinalium Viginti Trium Qui Alexandro Adhaerebant Epistola Ad Fridericum Imperatorem    MLT    pdf  
 244  1159-1181  SS  SS Alexander III    Epistola Ad Petrum Abbatem    MLT    pdf  
 53,319  1159-1181  SS  SS Alexander III    Epistolae Et Privilegia [AD 1159-AD 1181]    MLT    pdf  
 2,223  1159-1181  SS  SS Alexander III    Epistolarum Decretalium Series Summatim Exposita    MLT    pdf  
 512  1159-1181  SS  SS Alexander III    Litterae Encyclicae A cardinalibus Qui Ab Alexandri III Partibus Steterunt    MLT    pdf  
 4,983  1159-1181  SS  SS Alexander III    Variorum Epistolae Ad Alexandrum III Papam    MLT    pdf  
 3,050  1159-1181  SS  SS Alexander III    Vita Operaque [Auctore Cardinali De Aragonia]    MLT    pdf  
 257  1159-1181  SS  SS Alexander III    Vita Operaque [Ex Mansi]    MLT    pdf  
 371  1159-1181  SS  SS Alexander III    Vita Operaque. Notitia Diplomatica [Ex Regesta Rom Pont]    MLT    pdf  

 Bernardus (Papiensis); Joseph Anton ¬von Riegger (1779). Bernardi praepositi Papiensis Breviarium extravagantium: cum Gregorii IX. P. decretalium collectione.



Breviarium historicochronologicocriticum, illustriora pontificum Romanorum gesta, conciliorum generalium acta, necnon complura cùm sacrorum rituum, tum antiquæ ecclesiæ disciplinæ capita complectens; collecta & ordinata studio & opera R.P. Francisci Pagi .. Tomus secundus https://archive.org/stream/bub_gb_oEh6JY0scwQC#page/n52/mode/1up

Acta pontificum Romanorum inedita 
J. v. Pflugk-Harttung
Published 1881 by F. Fues in Tübingen .



Monday, 12 November 2012

Flight from Northampton - J.A. GIles

Extract from





















In late 1164, Northampton Castle was one of the most formidable royal fortresses in England, serving as a primary seat for Henry II. While the castle was largely destroyed in the 19th century to make way for the railway, archaeological records and contemporary accounts of the trial (most notably by William FitzStephen) allow us to reconstruct its layout.

1. The Overall Layout

The castle was a massive stone-and-earthwork complex covering approximately 15 acres on the western edge of the town.

  • The Defences: It was protected to the west by the River Nene and on the other three sides by a massive ditch (approximately 90ft wide and 30ft deep).

  • The Baileys: The castle was divided into an Inner Bailey (the high-security core) and an Outer Bailey. In 1164, the Inner Bailey contained the primary royal apartments and the Great Hall.

  • The Keep: A large stone keep sat on a substantial mound in the Northwest corner, serving as the final defensive point.

2. The Trial Hub: The Great Hall & Chambers

The drama of October 1164 unfolded primarily within a central complex of stone buildings in the Inner Bailey.

  • The Great Hall: This was a large, rectangular stone structure where the Barons and Prelates (the Great Council) assembled.

  • The Solar (Upper Chamber): Henry II spent much of the trial in the "upper chamber" or solar. This was a more private, prestigious room, likely located on a first floor above or adjacent to the Hall. This separation was symbolic; the King could hear the proceedings below without having to confront Becket directly.

  • The Anti-Chamber: On the final day (October 13), Becket sat in a "small inner room" or anti-chamber on the ground floor, clutching his silver processional cross as a shield, while the King’s messengers moved back and forth between him and the King upstairs.

3. Key Structures of 1164

FeatureLocation / Significance
The North GateThe main entrance from the town. Becket entered here each day from St. Andrew's Priory. It was through this gate (or a nearby postern) that he made his midnight escape in the rain.
The ChapelLikely dedicated to St. George. Henry II was famously hearing Mass here on the first morning when Becket arrived to seek an audience.
The Royal ApartmentsHeavily guarded rooms where the King’s inner circle debated whether to charge Becket with treason or embezzlement.
The West GateLed toward the river and the West Bridge; used more for service and access to the castle's meadows.

Becket's Escape 

The Scene on October 13, 1164

If you were standing in the Inner Bailey on the final day of the trial, you would have seen:

  1. The Great Hall filled with shouting bishops and nobles.

  2. Becket seated defiantly in a side-chamber, refusing to move or give up his cross.

  3. The King pacing in the Solar above, communicating via intermediaries because he refused to grant Becket the "kiss of peace."



References

James Craigie Robertson (1859). Becket, Archbishop of Canterbury. pp. 131–.
James Craigie Robertson (1859). Becket, Archbishop of Canterbury. pp. 133–.

William Holden Hutton (1910)
Thomas Becket, Archbishop of Canterbury. p. 109-13
Pitman London
http://archive.org/stream/thomasbecketarch00huttuoft#page/109/mode/1up
http://archive.org/stream/thomasbecketarch00huttuoft#page/112/mode/1up
William Holden Hutton (1910). Thomas Becket, Archbishop of Canterbury. Sir Isaac Pitman & Sons. pp. 109–113.

Kay Brainerd Slocum (January 2004). Liturgies in Honour of Thomas Becket. University of Toronto Press. pp. 42–45. ISBN 978-0-8020-3650-6.

Michael Staunton (7 December 2001). The Lives of Thomas Becket. Manchester University Press. pp. 116–. ISBN 978-0-7190-5455-6. 

Michael Staunton (7 December 2001). The Lives of Thomas Becket. Manchester University Press. pp. 120–. ISBN 978-0-7190-5455-6. 



  




Sunday, 11 November 2012

Pope Alexander III's "At Si Clerici" (ca 1178)

A decretal of Pope Alexander III, dated approximately 1178 contained later in Liber IV, Title IV, Chapter II, of the Corpus Juris Canonici, This Decretal, Licet praeter solitum, was a papal response to a query made by the Archbishop of Salerno, Italy,  Liber IV Liber Extra, was drafted in 1234 by the Dominican and jurist St. Raymond of Penafort Catalan and integrated in the Corpus Juris Canonici.

From Gregory IX's Decretals II

...
Idem Salernitano Archiepiscopo.
At si clerici coram saeculari iudice convicti fuerint vel confessi de crimine, non sunt propter hoc a suo episcopo aliquatenus condemnandi. Sicut enim sententia a non suo iudice lata non tenet, ita nec facta confessio coram ipso. Si vero coram episcopo de criminibus in iure confessi sunt, seu legitima probatione convicti, dummodo sint talia crimina, propter quae suspendi debeant vel deponi, non immerito suspendendi sunt a suis ordinibus, vel ab altaris ministerio perpetuo removendi. 2. De adulteriis vero et aliis criminibus, quae sunt minora, potest episcopus cum suis clericis post peractam poenitentiam dispensare, ut in ordinibus suis deserviant; sed non debet quemlibet depositum pro suis excessibus, quum suo sit functus officio, nec duplici debeat ipsum contritione conterere, iudici tradere saeculari. [Porro si clericus etc. (cf. c. 1. de cler. pugn. in duell. V. 14.)]
...

And if clerics have been convicted in the presence of [or before] a lay justice, or have been convicted or confessed to a crime, they are not to be condemned in any way by their bishop for this reason. For just as the sentence that was delivered by not his own judge does not hold,  so neither is any confession that has been made ​​before him,  just as long as they are not for any such crimes that they would be suspended or degraded, for not with good reason are they to be suspended from their orders, or permanently removed from service at the altar. In truth for other violations, and other crimes, which are minor offences, the bishop can, together with their clergy after pronouncing the penance can grant a dispensation, in service of their order, but should not in anyway be deposed for any excesses, which in the execution of his office, neither must the same case be ground up again grievously for a second time, by being handed over to secular justice.


Reference:

Julius Friedrich Heinrich Abegg (1825). Grundriss zu Vorlesungen über den gemeinen und Preussischen Criminal-Prozess: mit Vorrede über die wissenschaftliche Behandlung des Criminal-Prozesses, und einem Anhange, eine Chrestomathie von Beweisstellen enthaltend. im Verlage der Gebrüder Bornträger. pp. 82–.

Thelatinlibrary.com

Gregory IX: Decretals II
Thelatinlibrary.com (n.d.) Gregory IX: Decretals II. [online] 
Available at: http://www.thelatinlibrary.com/gregdecretal

Aemilius Ludwig Richter; Emil Albert Friedberg (2000). Corpus Iuris Canonici: Editio Lipsiensis Secunda - Post Aemilii Ludouici Richteri [1879]. The Lawbook Exchange, Ltd.. pp. 1–.ISBN 978-1-58477-088-6http://books.google.com/books?id=agi622NfetkC&pg=RA1-PA50.


Www2.fh-augsburg.de

bibliotheca Augustana
Www2.fh-augsburg.de (n.d.) bibliotheca Augustana. [online] 
Available at:  Link