This volume explores the legal issues and legal consequences underlying relations between secular and religious authorities in the context of the Christian Church, from its earliest emergence within Roman Palestine as a persecuted minority sect through the period when it became legally recognized within the Roman empire, its many institutional manifestations in the East and West throughout the Middle Ages, the reconfigurations associated with the Reformation and Catholic/Counter-Reformations, the legal and constitutional complications, and the variable consequences of so-called secularization thereafter. The engagement of secular and religious authorities with the law and the question of what the law actually comprised (Roman law, canon law, national laws, state and royal edicts) are addressed. Bringing together the work of a wide range of scholars, this volume deepens our understanding of interactions between the churches and the legal systems in which they existed in the past and continue to exist now.
Preface; List of contributors; List of abbreviations; List of illustrations; Introduction Rosamond McKitterick; 1. The Church and the Law in the Early Middle Ages (Presidential Address) Rosamond McKitterick; 2. 'Cherchez la femme!' Heresy and Law in Late Antiquity Caroline Humfress; 3. God's Judgement in Carolingian Law and History Writing (President's Prize) Robert A. H. Evans; 4. The Political Background to the Establishment of the Slavic Nomocanon in the Thirteenth Century Marija Koprivica; 5. General Excommunications of Unknown Malefactors: Conscience, Community and Investigations in England, c.1150–1350 Felicity Hill; 6. The Procedure and Practice of Witness Testimony in English Ecclesiastical Courts, c.1193–1300 Sarah White; 7. The Bishops and the Deposition of Edward II Samuel Lane; 8. Kings' Courts and Bishops' Administrations in Fourteenth-Century England: A Study in Cooperation Alison K. McHardy; 9. Arbitration, Delegation, Conservation: Marginalized Mechanisms for Dispute Resolution in the Pre-Reformation English Church R. N. Swanson; 10. Perjury in Early Tudor England Paul Cavill; 11. Conscience and the King's Household Clergy in the Early Tudor Court of Requests Laura Flannigan; 12. Restoration of Deprived Clergy during the 1559 Royal Visitation of the Eastern Dioceses Ralph Houlbrooke; 13. Adiaphora, Luther and the Material Culture of Worship Andrew Spicer; 14. A Godly Law? Bulstrode Whitelocke, Puritanism and the Common Law in Seventeenth-Century England Jacqueline Rose; 15. 'Very knaves besides': Catholic Print and the Enforcers of the 1662 Licensing Act in Restoration England Chelsea Reutcke; 16. Protestant Dissent and the Law: Enforcement and Persecution, 1662–72 David L. Wykes; 17. The House of Lords and Religious Toleration in Scotland: James Greenshields's Appeal, 1709–11 Ben Rogers; 18. Toleration and Repression: German States, the Law and the 'Sects' in the long Nineteenth Century Manfred Henke; 19. The Social and Legal Reception of Illegitimate Births in the Gurk Valley, Austria, 1868–1945 Catherine Sumnall; 20. Keeping up with the Chinese: Constituting and Reconstituting the Anglican Church in South China, 1897–1951 Tim Yung; 21. The Church of England and the Legislative Reforms of 1828–32: Revolution or Adjustment? Nicholas Dixon; 22. The Decline of the Clerical Magistracy in the Nineteenth-Century English Midlands John W. B. Tomlinson; 23. Debating the Legal Status of the Ornaments Rubric: Ritualism and Royal Commissions in Late Nineteenth- and Early Twentieth-Century England (Kennedy Prize) Dan D. Cruickshank; 24. 'The day of compromise is past': The Oxford Free Churches and 'Passive Resistance' to the 1902 Education Act Martin Wellings; 25. The Chancellors' Dilemma: The Impact of the First World War on Faculty Jurisdiction Anne C. Brook; 26. Freedom of Religion and the Legal Status of Churches: A Case Study from the Serbian Constitutional Court Tijana Surlan; 27. History, Sacred History and Law at the Intersection of Law, Religion and History Peter Edge.
