101 Lecture 13-14 March 19-21 Flashcards
Today we’ll be discussing developments in the 12th and 13th centuries.
Papal Monarchy
Representative Institutions
Urbanization
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Slide
The conflict between
Gregory VII and Henry IV did not end the struggles between reformed Church and the new states of the medieval west.
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Concordat of Worms 1122 resolved the major issues of the Investiture Controversy
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Aftermath: general lull in Church-State tensions.
Crusades provided a venue for joint action and putting differences aside.
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The prosperity and energy of the 12th century Renaissance made people less willing to drag out old conflicts.
Conflict could not be ignored forever.
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Concordat of Worms had confirmed the Two Swords theory of ecclesiastical-governmental relations
God had created the ecclesiastical power (sacerdotium) and the secular royal authority (imperium). Meant for them to be in harmony.
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Simple in theory
Messy in practice
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Europe was governed by territorial law instead of personal law.
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Could a French citizen convicted of a crime appeal to the papcy?
If an English priest committed a crime against the kin’gs law (murder), was he to be tried by king’s court or by the local bishop’s? English common law or canon law?
Are German abbots subject to German taxes?
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This debate was renewed in many places throughout Europe in the second half of the 12th and in the 13th centuries.
Here is one example: England’s King Henry II. r. 1154-1189
Slide
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Master of nearly half of France as well as king of England
Had come to power after a civil war and the decline of government under the previous king, Stephen.
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Henry took nearly 20 years to bring local barons and sheriffs back under control.
He conducted a kingdom-wide inquest into popular grievances against local officials.
Developed a single law code for the realm, applicable to all non-noble citizens. Common Law.
Trial by jury
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During 1130s and 1140s, England’s ecclesiastical courts had greatly enlarged their jurisdiction. Impinged on royal jurisdiction.
Important issues at stake in this.
Restoration of royal rights: royal court could not afford to let the Church take over the function of providing justice
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Perceived fairness in sentencing. Church did not execute, even for felony crimes.
Having two standards of justice violated the idea of a rational order.
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Issue of criminal clergy: priests violating royal law.
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If Church controlled royal courts, what prevented convicts from appealing to Rome? To allow this was to threaten the sovereignty of the Angevin dynasty.
Think about US vs UN and the International Criminal Court
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Henry II saw his opportunity in 1162 when the archbishop of Canterbury died.
Appoints Thomas Becket, the royal chancellor.
But Becket, to everyone’s surprise, has a spiritual epiphany and becomes a foe of royal designs
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Angry words.
Reconciliation attempt in 1170 falls apart as Becket excommunicated several of Henry’s supporters.
Henry flies into rage.
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Story of Becket’s murder
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The murder shocked Europe.
Popular cult focused on Becket’s martyrdom soon arose
Canonized in 3 years.
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Henry genuinely sorry
But he refused to relinquish his jurisdictional claims
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Slide
In general, the end of the 12th and beginning of the 13th centuries was a time of working out the final kinks of the church reform movement
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The Reform Movement had begun with the identification of the Church as the outraged innocent, the spiritual house of God being trammeled by a self-serving and greedy secular world
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Toward the end of 11th c., the radical reform popes changed the rules of the game by proclaiming the Church’s superiority to and sovereignty over the secular world.
Papacy had become a massive bureaucracy whose hallways teemed with lawyers
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