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Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
The Lutheran Reformation of the early sixteenth century brought about immense and far-reaching change in the structures of both church and state, and in both religious and secular ideas. This book investigates the relationship between the law and religious ideology in Luther's Germany, showing how they developed in response to the momentum of Lutheran teachings and influence. Profound changes in the areas of education, politics and marriage were to have long-lasting effects on the Protestant world, inscribed in the legal systems inherited from that period. John Witte, Jr. argues that it is not enough to understand the Reformation either in theological or in legal terms alone but that a perspective is required which takes proper account of both. His book should be essential reading for scholars and students of church history, legal history, Reformation history, and in adjacent areas such as theology, ethics, the law, and history of ideas.
From the Communal Reformation to the Revolution of the Common Man brings together important studies related to a coherent interpretation of the Reformation and the Peasants War of 1525 as a mass movement, rooted in the structures of the communities of towns and villages. The volume presents both detailed studies from the archives and conceptualized essays.
Senses of Touch anatomizes the uniquely human hand as a rhetorical figure for dignity and deformity in early modern culture. It concerns a valuational shift from the contemplative ideal, as signified by the sense of sight, to an active reality, as signified by the sense of touch. From posture to piety, from manicure to magic, the book discovers touch in a critical period of its historical development, in anatomy and society. It features new interpretations of two landmarks of western civilization: Michelangelo's fresco of the Creation of Adam and Calvin's doctrine of election. It also accords special attention to the typing of women as sensual creatures by using their hands as a heuristic. Its alternative interpretations explore in theory and in practice the sensuality, the creativity, and the plain utility of hands, thus integrating biology and culture.
Clément Marot (1496-1544), a poet of distinction, is a unique witness to the effect of the Bible on French-speaking courts. He was admired by Francis I, protected by Margaret of Navarre, and by Renée, the French Duchess of Ferrara. His translations of the psalms came to dominate Huguenot worship, inspiring many imitators, not least in English. His commitment to Lutheran theology shines through his personal poetry—once his Scriptural allusions are recognised and interpreted. Clément Marot: A Renaissance Poet Discovers the Gospel is a fundamental expansion and recasting for an English-reading public of Marot Évangélique, Michael Screech's study which brings out the appeal to this court poet of Lutheranism and martyrdom. Chapters also examine aspects of Marot's cult of the Virgin and a possible shift from Lutheranism to Calvinism.
In The Origins of Anglican Moral Theology Peter H. Sedgwick shows how Anglican moral theology has a distinctive ethos, drawing on Scripture, Augustine, the medieval theologians (Abelard, Aquinas and Scotus), and the great theologians of the Reformation, such as Luther and Calvin. A series of studies of Tyndale, Perkins, Hooker, Sanderson and Taylor shows the flourishing of this discipline from 1530 to 1670. Anglican moral theology has a coherence which enables it to engage in dialogue with other Christian theological traditions and to present a deeply pastoral but intellectually rigorous theological position. This book is unique because the origins of Anglican moral theology have never been studied in depth before.
Disciplinary Measures from the Metrical Psalms to Milton studies the relationship between English poetry and church discipline in four carefully chosen bodies of poetry written between the Reformation and the death of John Milton. Its primary goal is to fill a gap in the field of Protestant poetics, which has never produced a study focused on the way in which poetry participates in and reflects on the post-Reformation English Church's attempts to govern conduct. Its secondary goal is to revise the understandings of discipline which social theorists and historians have offered, and which literary critics have largely accepted. It argues that knowledge of the early modern culture of discipline illuminates some important poetic traditions and some major English poets, and it shows that this poetry in turn throws light on verbal and affective aspects of the disciplinary process that prove difficult to access through other sources, challenging assumptions about the means of social control, the structures of authority, and the practical implications of doctrinal change. More specifically, Disciplinary Measures argues that while poetry can help us to understand the oppressive potential of church discipline, it can also help us to recover a more positive sense of discipline as a spiritual cure.
"Of the Roman Catholic scholars of the Reformation who have contributed to our understanding of Martin Luther and his theology, Jared Wicks is among the very best. In this reprinted collection of essays a new generation of readers will glean fresh insights into the Wittenberg reformer, as Wicks places Luther within his proper late-medieval theological context and carefully teases out his unique contributions to understanding the church and justification (conversion). At the same time, Wicks situates Luther's theology within present conversations between Lutherans and Roman Catholics and proves again and again the important role that good, fair-minded historiography plays in aiding such dialogue. This collection will treat readers to, among other things, in-depth investigations of Luther's early theology of justification, of the connection between the sacraments and faith, and of the pastoral consequences for the simul iustus et peccator--all written in a winsome prose with careful attention to the original sources. It is a helpful addition to the library of anyone interested in understanding the now 500-year-old movement of reform within the church catholic and its implications for today." Timothy Wengert Emeritus, United Theological Seminary Philadelphia United Lutheran Seminary