medieval-religion: Scholarly discussions of medieval religion and culture
Hi, Meg -
Some oaths were sworn "on" living persons. For example, one of
Charlemagne's Edicts (789) forbids " the alliances (coniurationes) to which
they swear by St. Stephen or by ourselves and our children". A fair number
of penitentials followed the Penitential of Theodore in mentioning the
custom of swearing on a man's hand. Most dismiss this with the remark that
"among the Greeks, this is nothing" but, one notes, "among the Latins, this
is a sin".
Burchard of Worms' Decretum (1008-12) forbids swearing by God's hair or
beard (according to Hans Vordemfelde, Die germanische Religion in den
deutschen Volksrechten, swearing by someone's head or hair - including one's
own - was a widespread Germanic custom). Also forbidden was swearing by
Christ's soul, body, or any part of His body ( 10th -11th century Arundel
Penitential).
An 8th century Bavarian oath of exculpation (staptaken) required both the
accuser and the defendant to raise their right hand toward the sky to
invoke the "just judgment of God". This seems to have elements of a sun
cult, and also reflects the well-known importance of the right hand.
(However, one of Lothair's capitularies treats conspiracies formed with
"the right hand" as less serious than those formed by oath.)
A 5th century text against swearing "per creaturas" was repeated in canonic
collections and penitentials. I assume that this refers primarily to
heavenly bodies or the earth (not just the earth covering saint's tombs, as
one penitential makes clear), but the Council of Orleans (541) specifically
forbids swearing on the heads of wild beasts and cattle while invoking pagan
names.
I should mention that Vordemfelde's book, although maddeningly short on
giving specific dates for the practices described, is still worth looking
at. There is also the interesting article by Jean-Luc Chassel, "Le serment
par les armes. Fin de l'antiquite - haut moyen age' in Le serment. Recueil
d'etudes anthropologiques, historiques et juridiques (Paris, 1989) 79-110.
Cheers,
Bernadette
Burchard of Worms' Decretum (1008-12) prohibits swearing by God's hair or
head,
----- Original Message -----
From: "Cormack, Margaret Jean" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, January 02, 2007 4:05 PM
Subject: Re: [M-R] Oaths on Bible and Relics
medieval-religion: Scholarly discussions of medieval religion and culture
I donīt know about Jonathan, but Iīd love to hear about them!
Meg
-----Original Message-----
From: medieval-religion - Scholarly discussions of medieval religious
culture [mailto:[log in to unmask]] On Behalf Of Charles
Giguere
Sent: Tuesday, January 02, 2007 4:05 PM
To: [log in to unmask]
Subject: Re: [M-R] Oaths on Bible and Relics
medieval-religion: Scholarly discussions of medieval religion and culture
Hi, Jonathan,
If you are interested in other types of early medieval oaths, generally not
approved by the Church, let me know.
Bernadette Filotas
----- Original Message -----
From: "Frans van Liere" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, January 02, 2007 2:39 PM
Subject: Re: [M-R] Oaths on Bible and Relics
> medieval-religion: Scholarly discussions of medieval religion and culture
>
> Michael Clanchy gave a paper two years ago at the Leeds IMC on oathtaking
> by
> breaking knives and swords. I think he's currently working on that topic.
>
> Frans van Liere
> Department of History, Calvin College
> 1845 Knollcrest Circle SE
> Grand Rapids, MI 49546-4402
> e-mail: [log in to unmask]
> http://www.calvin.edu/academic/history/faculty/vanlieref/
>>>> Jonathan Elukin <[log in to unmask]> 01/02/07 12:59 PM >>>
> medieval-religion: Scholarly discussions of medieval religion and culture
>
> Dear Colleagues,
>
> I am beginning a project on how medieval people took oaths. We know, of
> course, that they either swore oaths over Gospel books or over relics. I
> am
> interested in studying the interrelationship of these two practices. Did
> one
> take precedence over the other? Were certain oaths taken over the Gospels
> and others over relics? Was there a chronology where oaths over Scripture
> displaced oaths over relics? I would be grateful for any suggestions of
> scholarly works touching on this issue or of references to accounts of
> oath
> taking involving either the Gospels or relics. Many thanks in advance for
> any help or guidance.
>
> Sincerely,
>
>
> Jonathan Elukin
> Associate Professor
> Department of History
> Trinity College
> Hartford, CT 06106
> 860-297-4264
> [log in to unmask]
>
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