What were Henry VIII's grounds for attempting to put aside his marriage to Catherine of Aragon? Were they no more than flimsy excuses to gratify his passion for Anne Boleyn? Or were there substantial reasons to lead him to believe that he had been living in sin for two decades? Making use of hitherto unknown or unexploited documentary evidence, the author sets out the intricacies of canon law regarding impediments to marriage and carefully explores the arguments and precedents Henry and his lawyers invoked in justifying his actions in public, in the ecclesiastical courts of England and Rome, and in the privacy of his own conscience. The effect of this reexamination forces substantial alterations in the traditional accounts not only of his first marriage and annulment, but also of the later ones to Anne Boleyn and Anne of Cleves, for the religious and legal principles involved were anything but flimsy and remained for Henry matters of lasting concern. Particularly noteworthy is the author's reconstruction of the legatine trial at Blackfriars in 1529, in which he brings to light the complete court record for the first time in 260 years. This reprinting (2004) of the 1976 edition contains a new Foreword.
A study of Chaucer's definition of tragedy - with special reference to Troilus -and its lasting influence on English dramatists. This book is concerned with the medieval idea of what constituted tragedy; it suggests that it was not a common term, and that those few who used the term did not always intend the same thing by it. Kelly believes that it was Chaucer's work which shaped notions of the genre, and places his achievement in critical and historical context. He begins by contrasting modern with medieval theoretical approaches to genres, then discusses Boccaccio's concept of tragedy before turning to Chaucer himself, exploring the ideas of tragedy prevalent in medieval England and their influence on Chaucer, and showing how Chaucer interpreted the term. Troilus and Criseyde is analysed specifically as a tragedy, with an account of its reception in modern times; for comparison, there is an analysis of how John Lydgate and Robert Henryson, two of Chaucer's imitators, understood and practiced tragedy. Professor HENRY ANSGAR KELLY teaches at UCLA.
Translated shortly before 1400, the Bible became the most popular medieval book in English. Prevailing scholarly opinion calls it the Wycliffite Bible, attributing it to followers of the heretic John Wyclif, and claims it was banned in 1407. Henry Ansgar Kelly disagrees, arguing it was a nonpartisan effort and never the object of any prohibition.
In the last quarter of the fourteenth century, the complete Old and New Testaments were translated from Latin into English, first very literally, and then revised into a more fluent, less Latinate style. This outstanding achievement, the Middle English Bible, is known by most modern scholars as the "Wycliffite" or "Lollard" Bible, attributing it to followers of the heretic John Wyclif. Prevailing scholarly opinion also holds that this Bible was condemned and banned by the archbishop of Canterbury, Thomas Arundel, at the Council of Oxford in 1407, even though it continued to be copied at a great rate. Indeed, Henry Ansgar Kelly notes, it was the most popular work in English of the Middle Ages and was frequently consulted for help in understanding Scripture readings at Sunday Mass. In The Middle English Bible: A Reassessment, Kelly finds the bases for the Wycliffite origins of the Middle English Bible to be mostly illusory. While there were attempts by the Lollard movement to appropriate or coopt it after the fact, the translation project, which appears to have originated at the University of Oxford, was wholly orthodox. Further, the 1407 Council did not ban translations but instead mandated that they be approved by a local bishop. It was only in the early sixteenth century, in the years before the Reformation, that English translations of the Bible would be banned.
A study of Chaucer's definition of tragedy - with special reference to Troilus -and its lasting influence on English dramatists. This book is concerned with the medieval idea of what constituted tragedy; it suggests that it was not a common term, and that those few who used the term did not always intend the same thing by it. Kelly believes that it was Chaucer's work which shaped notions of the genre, and places his achievement in critical and historical context. He begins by contrasting modern with medieval theoretical approaches to genres, then discusses Boccaccio's concept of tragedy before turning to Chaucer himself, exploring the ideas of tragedy prevalent in medieval England and their influence on Chaucer, and showing how Chaucer interpreted the term. Troilus and Criseyde is analysed specifically as a tragedy, with an account of its reception in modern times; for comparison, there is an analysis of how John Lydgate and Robert Henryson, two of Chaucer's imitators, understood and practiced tragedy. Professor HENRY ANSGAR KELLY teaches at UCLA.
Throughout the ages, Satan has been seen as God’s implacable enemy, fiercely determined to keep as many human beings as he can from entering the heavenly kingdom. But according to Henry Ansgar Kelly, this understanding dates only from post-biblical times, when Satan was reconceived as Lucifer, a rebel angel, and as the serpent in the garden of Eden. In the Bible itself, beginning in the book of Job and continuing through the New Testament, Satan is considered to be a member of the heavenly government, charged with monitoring the human race. In effect, he is God’s Minister of Justice, bent on exposing sin and vice, especially in virtuous-seeming persons like Job and Jesus. He fills the roles of investigator, tempter (that is, tester), accuser, prosecutor, and punisher, but also obstructer, preventer of vice, and rehabilitator. He is much feared and despised, accused of underhanded and immoral tactics. His removal from office is promised and his eventual punishment hoped for. The later misreading of Satan as radically depraved transformed Christianity into a highly dualistic religion, with an ongoing contest between good and evil. Seeing Satan in his true nature, as a cynical and sinister celestial bureaucrat, will help to remedy this distorted view.
These essays, in a second collection by Professor Kelly, investigate legal and religious subjects touching on the age and places in which Geoffrey Chaucer lived and wrote, especially as reflected in the more contemporary sections of the Canterbury Tales. Topics include the canon law of incest (consanguinity, affinity, spiritual kinship), the prosecution of sexual offences and regulation of prostitution (especially in the Stews of Southwark), legal opinions about wife-beating, and the laws of nature concerning gender distinction (focusing on Chaucer's Pardoner) and the technicalities of castration. Sacramental and devotional practices are discussed, especially dealing with confession and penitence and the Mass. Chaucer's Prioress serves as the starting point for a treatment of regulations of nuns in medieval England and also for the presence, real and virtual, of Jews and Saracens (Muslims and pagans) in England and conversion efforts of the time, as well as sympathetic or antipathetic attitudes towards non-Christians. Included is a case study on the legend of St Cecilia in Chaucer and elsewhere, and as patron of music; and a discussion of canonistic opinion on the licit limits of medicinal magic (in connection with the ministrations of John the Carpenter in the Miller's Tale).
Throughout the ages, Satan has been seen as God’s implacable enemy, fiercely determined to keep as many human beings as he can from entering the heavenly kingdom. But according to Henry Ansgar Kelly, this understanding dates only from post-biblical times, when Satan was reconceived as Lucifer, a rebel angel, and as the serpent in the garden of Eden. In the Bible itself, beginning in the book of Job and continuing through the New Testament, Satan is considered to be a member of the heavenly government, charged with monitoring the human race. In effect, he is God’s Minister of Justice, bent on exposing sin and vice, especially in virtuous-seeming persons like Job and Jesus. He fills the roles of investigator, tempter (that is, tester), accuser, prosecutor, and punisher, but also obstructer, preventer of vice, and rehabilitator. He is much feared and despised, accused of underhanded and immoral tactics. His removal from office is promised and his eventual punishment hoped for. The later misreading of Satan as radically depraved transformed Christianity into a highly dualistic religion, with an ongoing contest between good and evil. Seeing Satan in his true nature, as a cynical and sinister celestial bureaucrat, will help to remedy this distorted view.
H.A. Kelly explores meanings given to tragedy, from Aristotle's most basic notion (any serious story, even with a happy ending), via Roman ideas and practices, to the Middle Ages, when Averroes considered tragedy to be the praise of virtue, but Albert the
After inquisitorial procedure was introduced at the Fourth Lateran Council in Rome in 1215 (the same year as England's first Magna Carta), virtually all court trials initiated by bishops and their subordinates were inquisitions. That meant that accusers were no longer needed. Rather, the judges themselves leveled charges against persons when they were publicly suspected of specific offenses?like fornication, or witchcraft, or simony. Secret crimes were off limits, including sins of thought (like holding a heretical belief). Defendants were allowed full defenses if they denied charges. These canonical rules were systematically violated by heresy inquisitors in France and elsewhere, especially by forcing self-incrimination. But in England, due process was generally honored and the rights of defendants preserved, though with notable exceptions. In this book, Henry Ansgar Kelly, a noted forensic historian, describes the reception and application of inquisition in England from the thirteenth century onwards and analyzes all levels of trial proceedings, both minor and major, from accusations of sexual offenses and cheating on tithes to matters of religious dissent. He covers the trials of the Knights Templar early in the fourteenth century and the prosecutions of followers of John Wyclif at the end of the century. He details how the alleged crimes of "criminous clerics" were handled, and demonstrates that the judicial actions concerning Henry VIII's marriages were inquisitions in which the king himself and his queens were defendants. Trials of Alice Kyteler, Margery Kempe, Eleanor Cobham, and Anne Askew are explained, as are the unjust trials condemning Bishop Reginald Pecock of error and heresy (1457-59) and Richard Hunne for defending English Bibles (1514). He deals with the trials of Lutheran dissidents at the time of Thomas More's chancellorship, and trials of bishops under Edward VI and Queen Mary, including those against Stephen Gardiner and Thomas Cranmer. Under Queen Elizabeth, Kelly shows, there was a return to the letter of papal canon law (which was not true of the papal curia). In his conclusion he responds to the strictures of Sir John Baker against inquisitorial procedure, and argues that it compares favorably to the common-law trial by jury.
After inquisitorial procedure was introduced at the Fourth Lateran Council in Rome in 1215 (the same year as England's first Magna Carta), virtually all court trials initiated by bishops and their subordinates were inquisitions. That meant that accusers were no longer needed. Rather, the judges themselves leveled charges against persons when they were publicly suspected of specific offenses?like fornication, or witchcraft, or simony. Secret crimes were off limits, including sins of thought (like holding a heretical belief). Defendants were allowed full defenses if they denied charges. These canonical rules were systematically violated by heresy inquisitors in France and elsewhere, especially by forcing self-incrimination. But in England, due process was generally honored and the rights of defendants preserved, though with notable exceptions. In this book, Henry Ansgar Kelly, a noted forensic historian, describes the reception and application of inquisition in England from the thirteenth century onwards and analyzes all levels of trial proceedings, both minor and major, from accusations of sexual offenses and cheating on tithes to matters of religious dissent. He covers the trials of the Knights Templar early in the fourteenth century and the prosecutions of followers of John Wyclif at the end of the century. He details how the alleged crimes of "criminous clerics" were handled, and demonstrates that the judicial actions concerning Henry VIII's marriages were inquisitions in which the king himself and his queens were defendants. Trials of Alice Kyteler, Margery Kempe, Eleanor Cobham, and Anne Askew are explained, as are the unjust trials condemning Bishop Reginald Pecock of error and heresy (1457-59) and Richard Hunne for defending English Bibles (1514). He deals with the trials of Lutheran dissidents at the time of Thomas More's chancellorship, and trials of bishops under Edward VI and Queen Mary, including those against Stephen Gardiner and Thomas Cranmer. Under Queen Elizabeth, Kelly shows, there was a return to the letter of papal canon law (which was not true of the papal curia). In his conclusion he responds to the strictures of Sir John Baker against inquisitorial procedure, and argues that it compares favorably to the common-law trial by jury.
These essays, in a second collection by Professor Kelly, investigate legal and religious subjects touching on the age and places in which Geoffrey Chaucer lived and wrote, especially as reflected in the more contemporary sections of the Canterbury Tales. Topics include the canon law of incest (consanguinity, affinity, spiritual kinship), the prosecution of sexual offences and regulation of prostitution (especially in the Stews of Southwark), legal opinions about wife-beating, and the laws of nature concerning gender distinction (focusing on Chaucer's Pardoner) and the technicalities of castration. Sacramental and devotional practices are discussed, especially dealing with confession and penitence and the Mass. Chaucer's Prioress serves as the starting point for a treatment of regulations of nuns in medieval England and also for the presence, real and virtual, of Jews and Saracens (Muslims and pagans) in England and conversion efforts of the time, as well as sympathetic or antipathetic attitudes towards non-Christians. Included is a case study on the legend of St Cecilia in Chaucer and elsewhere, and as patron of music; and a discussion of canonistic opinion on the licit limits of medicinal magic (in connection with the ministrations of John the Carpenter in the Miller's Tale).
Chaucer and the Challenges of Medievalism honors the extraordinary academic career of H. A. Kelly, whose scholarship covers a wide variety of topics, including medieval and Renaissance literature and history, ecclesiastical history and theology, and philology. In recognition of his broad historical sweep, authors addressed in this volume range from Aristotle to Mary Wollstonecraft Shelley, though, in the interest of cohesion, the contributions focus primarily on English medieval literature and philology, and on closely related European and historical fields. Theoretically and methodologically, the essays fulfill the dual task of taking stock and taking on the challenges now facing medievalism. The reader will encounter a broad variety of «texts» here, as well as fresh perspectives on issues of current interest in medieval studies.
H.A. Kelly explores meanings given to tragedy, from Aristotle's most basic notion (any serious story, even with a happy ending), via Roman ideas and practices, to the Middle Ages, when Averroes considered tragedy to be the praise of virtue, but Albert the
Inquisition was the new form of criminal procedure that was developed by the lawyer - Pope Innocent III and given definitive form at the Fourth Lateran Council in 1215. It has since developed a notoriety which has obscured the reality of the procedure. In contrast to the old Roman system of relying on volunteer accuser-prosecutor, who would be punished in case of acquittal, the inquisitorial judge himself served as investigator, accuser, prosecutor and final judge. A probable-cause requirement and other safeguards were put in place to protect the rights of the defendant, but as time went on some of these defences were modified, abused or ignored, but in all cases appeal and redress were at least theoretically possible. Unlike continental practice, in England inquisitorial procedure was mainly limited to local church courts, while on the secular side native procedures developed, most notably the jury. Private accusers, however, were still to be seen, illustrated here in the studies on appeals of sexual rape.
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