Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-mwx4w Total loading time: 0 Render date: 2024-06-21T03:07:33.975Z Has data issue: false hasContentIssue false

5 - The Canon Law of the Roman Catholic Church (III): Since 1317

Published online by Cambridge University Press:  05 October 2013

Lawrence G. Duggan
Affiliation:
Professor of History at the University of Delaware and research fellow of the Alexander von Humboldt Foundation
Get access

Summary

Needless to say, all the provisions and concessions outlined in the previous chapter were carefully restricted in ways which could be spelled out in academic treatises and judicial decisions, but not so easily in the decrees of provincial councils and diocesan synods. How were they to be interpreted as living law for the ordinary clergy? Before proceeding to those texts, we will do well to note that legislation which allowed such considerable room for argument, perplexity, and abuse could be interpreted in ways both unconscious and undocumented. Let two examples suffice. First, although popes and canonists held through the High Middle Ages that regalian bishops might lead their troops and direct them in operations, these bishops were not to exhort the soldiers to kill, nor were they to fight themselves. But how exactly were these pious exhortations to be reconciled with the principle, explicitly conceded again and again from Alexander III onward, of the right of every cleric to defend himself against attackers, a principle extended even further by the Clementine text Si furiosus? Although I have never encountered in writing an example of a canonist linking the separate canonical possibilities of a cleric's presence at a battle and of his right to self-defense, it is entirely reasonable to suppose that such advice was given at least orally, especially to bishops and others who wanted to hear this kind of advice and were served by canonists who knew what their lords wanted to hear.

Type
Chapter
Information
Publisher: Boydell & Brewer
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×