Velikovsky, Immanuel. Worlds in Collision (1950).

October 11, 2007

World’s In Collision

Immanuel Velikovksy, in this book, presents what could be looked at as a revisionist meteorological history of the Earth. He attempts to tie together a mass of historic documents to prove that early on in Man’s history the earth was involved with two close encounters with a comet. The scienetific community immediately rejected Velikovsky theory and his methodology in going about proving it. I must say though that Velikovsky was on to something, though I’m not sure what. He uses folklore and religious records as his evidence. I was recently on an airplane where they showed a Sixty Minutes clip that showed how people that live literally on the water in Southeast Asia avoided the tsunami due to their folklore having passed down the legend of its coming. There folklore held in it evidence of a past catastrophie. This adds some weight to Velikovsky’s idea that we can find out a great deal about the Earth’s history through the history of its ancient peoples.

Anyway, there is not much law going on in the volume, but there are a few snippets. Probably the biggest idea is how this sort of knowledge is contained in laws. He builds his argument around Biblical references. He focuses a great deal on Moses at Mount Sinai, which he refers to as the “mount of lawgiving.” He gives a brief description of what sorts of astronomical and geological forces were occurring while Moses was on the Mount of Lawgiving. He cites a Hebrew text wherein it is said that “all nations” heard the law being given, which he claims was the sound that results from a heavenly body passing so close to the Earth. These noises he claims gave us the Decalogue. He cites a Chinese Emperor who was renamed Yahou (comare to Yaweh) around the same time and was a great King-lawgiver.

He gives an astronomical explanation for the Hebrew law that declared every seventh year a sabbatical year. This law also said that the 50th year was a jubilee year in which land lay fallow but was also returned to its original proprieters (one could not convey his land forever according to the law). It is, he claims based on the frequency that the comet that collided with earth continued to pass.

We learn that all this commotion in the stars caused the earths time systems to get off course. This was first attempted to be corrected by the Canopus Decree, which reset the calendar by law. Law often resets calendars in history. Later Velikovsky points out Roman laws that reset the calendar.

Because this phenomena appeared to be stellar bull or cow, he tells us that the reason cows are sacred and are forbidden to be killed by religious laws in India.

Finally, we learn that Quetzal-cohuatl was the lawgiver to the Toltecs.

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Gregory the Great. Register of Epistles (590-604).

September 18, 2007

Generic Book“My writings which I have sent to the peasants cause thou to be read over throughout all the estates, that they may know in what points to defend themselves, under our authority, against acts of wrong; and let either the originals or copies be given to them. See that thou observe everything without abatement: for, with regard to what I have written to thee for abservance of justice, I am absolved; and, if thou art negligent, thou art guilty.”

Pope Gregory the Great wrote a lot of letters, and well, I read them all. These letters fascinating look into the medieval world through the eyes of a Pope. They are also packed full legal tidbits. The letters often act as the Pope’s conveyance of his official rulings on a number of different matters. He, as the Pope, was the judge on numerous canon law activities.

As these are letters (and owing to the difficulties of research law this old), instead af searching out a specific legal theme that runs through them all, I am just going to list the highlights. Of course, I’m positive I’ve missed some. Enjoy.

BOOK I
IX: Gregory sends Peter the Subdeacon to investigate a property dispute in which a group of monks are having their land encroached upon by a farm owned by the church. Gregory rules that if the land has been in their possession for 40 years they are the rightful owners even if it doesn’t benefit the church. If the boundary has been disputed in the last 40 years though then Peter is to appoint arbiters to resolve the problem.

X: Gregory responds to a petition from a group of Jews who claim to have license to hold under the churches authority a synagogue on the grounds of church property. He rules that if the voices from the synagogue can be heard in the church. He commands that if they are expelled that they should be given a new place of worship and one that will keep any complaint from being levied. He notes that the Jews “live under the protection of Roman laws” and therefore have the right to worship. He also notes though that the Jews should not possess Christian slaves.

XIX: Gregory overrules the ruling of a Synod that condemned Archdeacon Honoratus. He does this on the ground that the ruling ofthe synod was biased, stating that “no one who is innocent should be deposed from the ministry of his order unjustly.” He commands that the Archdeacon be restored and that if there is still a problem the Archdeacon should come and present himself to Gregory.

XXV: Gregory first discusses, in this letter to numerous patriarchs, the qualities of a ruler: “He orders well the authority he has recieved who has both learnt to maintain it and keep it in check.” This is a fairly good statement of what good law is, it creates order but does not get out of hand. He then says that “the virtue of humility ought to be so maintained that the rights of government be not relaxed.” He means that the ruler should not be so humble as to relax his own authority and lose the respect of his subordinates. At the end of the letter Gregory upholds the validity of four law creating councils that happened before: the Nicene, the Constatinople, the first Ephesine, and the Chalcedon.

XXXIII: Gregory calls for a synod to determine the guilt of a Blandus who has been held for some time by Romanus Patrician and Exarch of Italy. He asks for his release if he is not being held for a crime.

XXXIV: Gregory declares that “according to the ordinance of the law, it is not lawful to walk on the Sabbath.”

XXXVI: He writes to Peter the Subdeacon that the guidelines Gregory gave him must be “diligently perused” so as to keep Bishops from entangling themselves in secular causes except to the extent that they need to assist the poor. He then notes that their have been reports that in the past that property has been taken by the church without judicial process. He request Peter upon discovery of such a matter to make restoration to a claimant. He also requests that Peter investigate reports of people that have been enslaved illegally without trial. He wants these slave’s possessors dispossessed “by regular process of law.” He also mentions that any decree made under pain is anathema. Early evidence of the illegality of torture.

XLII: Gregory declares that Monks should not migrate from monastary to monastary, they should not hold property, should not have wives, and they should not, if they were once priests, return to being a priest.

XLIII: Gregory is rejoicing at the conversion of King Richard to Catholicism and to a “citizen of the eternal realm.” This comments a bit on the idea of jurisdiction between temporal and divine realms. Or maybe I’m stretching it.

XLIV: He rights to Peter that payment for grain should be in accordance with the Market. He then instructs Peter on collecting of taxes asking him to draw up “Charters o security” which declare what each person is to pay. He also bars the use of “unjust” weights for exacting payments. He rules that relatives of farmers on who live on church property shall have the right to succeed them. Next he decrees that a person who commits a crime shall be the only person punished and not his family as well. This is a long letter in which Gregory also rules on specific cases.

XLVIII: Gregory requests that Theodorus, Duke of Sardinia, send a property dispute to trial so it may be resolved. He also asks Theodorus to look into a will that a person wants to have annulled.

LXII: In this letter he seeks to have a woman saved from the “annoyance of legal proceedings,” but to still submit to a “just judgement.”

BOOK II
VI: Gregory mentions a Demetrius who “has been found to be involved with transactions to such an extent and of such a kind that, if he had recieved judgement without mercy according to the character of his deeds, he would undoubtedly have been condemned to a most hard death by both divine and human laws.”

XIV: The lady Timothea wishes to found and oratory in Ariminum. Gregory lets the local bishop know what must be conveyed to the church in trust for this to be done.

XVIII: Gregory seeks to resolve a dispute between Natalis and Honoratus and while doing so “keep the rule of justice.” The suit involves some finer points of canon law including the use of a pallium, which is a garment granted by the Pope to a church which says something about jurisdiction (I think).

XIX & XX: These two letters follow up on the dispute addressed in XVIII.

XXXIV: Gregory admonishes Maximianus, Bishop of Syracuse to not be so harsh with his punishments when ruling on cases.

XLI: If there is a property dispute between monks and the Church, then the dispute shall be taken up quickly by “selected abbots and other fathers.” A great deal of this letter deals with what an abbot can and con not do under canon law.

XLIX: Gregory sends to trial Januarius, Archbishop for “a mass of complaints . . . against . . . his fraternity.” One of these has to deal with the unjust excommunication of Isidore.

BOOK III
I: Gregory writes to Peterm a subdeacon, about a recent crime of sedition. Gregory asks Peter to punish those that are manifestly guilty. Additionally, he is sending Scholasticus, a judge, there to investigate the matter and bring to trial any others.

V: Here we have a bit of jurisdiction. The Catholic church claims both divine and temporal jurisdiction. Gregory in this letter addresses an instance where a laymen has judged improperly. He says that when judged wrongfully, the decision of the secular judge should be resisted with “moderate authority.” Gregory makes it clear, though, that acting against such judgements “is not to act against the law, but to support law.”

VI: In this letter Gregory acts as an appelate judge. He writes to John, bishop of Prima Justiniana that he has recieved a complaint from Adrian, bishop of Thebae that John had deposed him unjustly. Gregory states that he gives no creedance to such complaints until he reviews the record of the case. He tells John that from the documents he holds, that John “hast investigated almost nothing pertaining to the questions named and assigned” to him. He overrules the lower proceedings. Here’s the catch though he sends a punishment down to John. How many appellate judges would dig on sending punishments down to lower courts.

VII,VIII, IX: He follows up on the previous letter and declares a retrial with a new judge.

XXXVIII: He requests that Libertinus investigate a Jew named Nasas, who has been enslaving Christians. He requests that after the investigation, if this is true that those slaves be freed “according to the injunctions of the laws.”

LVI: This letter addresses a dispute that is ongoing throughout the letters: that of the Pallium. In this letter we find a nice example of the use of precedent wherein Gregory seeks to determine what is just through the examination of historical customs.

LXV: He addresses a Roman law that keeps people in the public administration from holding ecclesiastical office. Old timey Church and State separation. Gregory agress with the implementation of the law. He however with certain provisions of it that keep people from becoming monks, as he thinks that their accounts are easily rendered and their office much different from that of a priest.

LXVI: He follows up on the previous letter to have Theodorus the Physician to lobby the Emperor to change the law.

BOOK IV
IX: Gregory counsels Januarius on the proper way to administer his jurisdiction. This seems like an executive order of sorts.

XXI: Again we learn that Jews are to be forbidden from holding Christian slaves.

XXVI: He addresses here a situation in which priest are being “oppressed by lay judges.”

BOOK V
XVIII: This letter and numerous others following it begin Gregory’ account of the dispute of the Universal Bishop in which the Bishop of Constantinople declared himself the head of the Church. Gregory notes that this honor was actually extended to the Roman Bishop (the Pope) by the council of Chalcedon, but was declined, so as to keep the three bishops in equal power. These statements are still used today by many evangelical protestants to dispute the Popes standing. It is fascinating reading if you are into that sort of thing.

XX: Universal Bishop.

XXI: Universal Bishop.

XXXVI: Gregory in this letter discusses issues relating to Agiluph, King of the Lombards and his unwillingness to conclude a general peace. Agiluph will not consent to arbitration unless all parties are present, because “many acts of violence were committed in his regions during the time of peace.” Agiluph has stated that he will make satisfaction for any wrongs committed by his side.

XL: Gregory writes to Mauricius Agustus. Apparently the peace made with the Lombards was violated and the Emperor accuses Gregory of some sort of crime. He uses ecclesiastical history to argue his case citing a case wherein bills of accusations had been presented to the Prince of Constantinople against some bishops. The Prince burned the bills stating that it was not fit for the temporal power to judge the bishops.

XLI: Gregory is writing about pagans in Sardinia who are sacrificing to idols. He comments that many of them bribe judges to get a license to do this.

XLIII: Universal Bishop.

LIII: Gregory discusses the simonical heresy and the unlawfulness of ordaining ministers in exchange for bribes.

LIV-LV: He grants “according to ancient custom” Virgilius, Bishop of Arelate, “vicariate jurisdiction” in the dominion of King Childebert. He will rule on all cases in the region.

BOOK VI
I: Gregory settles a dispute over a will and a bequest to the Church.

XII: Gregory executes a will.In this he frees to slaves:”it is a salutatory deed if men whom nature originally produced free, and whom the law of the nations has subjected to the yoke of slavery, be restored by the benefit of manumission to the liberty in which they were born.” One of these slaves recieves property with the annexed “law and condition” that if the recipient dies without legitimate children (those “born in lawful wedlock”) the property will revert to the Holy Roman Church. Gregory sums up with a nice little legal quote: “For the rule of justice and reason suggests that one who desires his own orders to be observed by his successors should undoubtedly keep the will and ordinances of his predecessor.

XV: He rules on an appeal over heresy finding that the judges were motivated only by injuring the accused instea of “justly.”

XVI: Writing about the case in the previous letter, Gregory discusses the evidence that was presented at trial that the judges ignored.

XXIV: Gregory asserts Papal jurisdiction in a case between Marinianus’ Church and the Abbot Claudius after “people have cried out that it is contrary to the laws and canons that the cause” be decided in Rome. He states that the interests of the Abbot are not served by having the proceedings there.

LXVI: Gregory is addressing a case of heresy and he makes an observation about a defense: “. . . things done under compulsion by no means fall under the censure of the canons, and they are rightly accounted to be of no weight (since he himself invalidates them who compels what is unjust to be confessed and done) . . .”

BOOK VII
XXXVIII: Slavery law: “The ordinances both of the sacred canons and of the laws allow the utensils of the Church to be sold for the redemption of captives.”

XLII: Gregory notes a canon law that forbids a church to be without a bishop for more than three months.

BOOK VIII
III: Gregory has rcieved a complaint from a son that his father bequethed some things to a parish that did not belong to the father. Gregory notes the “secular law” that the son must pay for these items to redeem them. He tells Donus, Bishop of Messana who recieved the items, that it should be decided by “the law of God and not the world.”

V: Gregory transmits to his bishops a Roman law forbidding people with public liabilities from taking any ecclesiastical office or becoming a monk.

VI: Gregory seeks an extradition of sorts of a criminal who has taken refuge in another church.

XX: Gregory request a “legal” inquiry into the status of a woman.

XXI: Gregory requests an inquiry into a freed Chritsian slave whom others are trying to enslave again.

Gregory the Great


Lukefahr, Oscar. “We Believe…”:A Survey of the Catholic Faith. (1995)

April 30, 2007

We Believe…: A Survey of the Catholic Faith : Revised and Cross-Referenced to the Catechism of the Catholic Church

“Laws are necessary and good, but Christ’s followers must constantly strive to view them according to their mind and heart.”

Oscar Lukefahr, in “We Believe…”, attempts to give a straightfoward and short introduction to Catholicism. Its main audience is intended to be those that are new to the faith, but it could probably be handy for tried and true Catholics as well (not being Catholic myself I’m only assuming). His text covers many parts of the faith and cross references to the Catechism of the Catholic Church making it very easy to reference back to the source of the official doctrine. It is an easy read and is very accessible to the average unitiated reader.

There are three different types of references to law that can be found in the book. The first is references to occurences of law within the Bible. The second is to Canon Law itself. Finally, there are references to the role of the Catholic Church in the political state.

His references to law in the Bible aren’t by any means a full treatment of the subject. Instead, they are incidental to the story that Lukefahr is telling. He begins with a brief history of the nation of Israel. He notes that in 63 BC the Romans conquered Jerusalem and made Palestine a vassal state. This event created, of course, conflicting regimes in the area: Roman Law versus Jewish Law. He states that throughout its long history “the Israelite nation had little political or military influence” (barring a brief period under David). He then goes on to discuss the formation of the Bible itself as the telling of this history, noting that among the different items collected into the document are laws, which is what the Jewish priests were trained in.

After his discussion of Jewish history he moves into the life of Christ (and the beginnings of Christian history). In describing the political climate, he relates the different sects of Jews that were active at the time. Of particular note are the Sadducees and the Pharisees both of whom strictly followed the written law that could be found in the Torah. Also, he mentions the Zealots, who believed the Messiah would be a military leader and a political leader.

Christ’s tensions with these groups came partly, according to Lukefahr, from his resistance to their observance of “thousands of detailed regulations.” The Sadducees feared that he would cause a “civil disturbance,” whereas the Pharisees accused him of breaking the law. This, of course, leads to one of the most monumental moments in history and an interesting bit of conflict of laws. The Pharisees tried Christ in a secret “unfair trial” and sentenced him to death. They then took him to Pontius Pilate in order that he might be condemned under Roman Law also. Lukefahr claims this is because they didn’t want to bear the blame and because they wanted Christ “to undergo the humiliation of a Roman crucifixion.” They accused him of treason, but Pilate found him innocent. As we all know, though, the Pharisees were persistent and eventually forced Pilate to sanction the execution.

After the death of Christ, the apostles go on telling his story. This is when Canon law begins to develop. One example that can be found in Lukefahr’s work is that many Christians of Jewish background were upset that Paul and Barnabas did not require new converts to follow Jewish Law. This view was rejected by a council in Jerusalem in 49 AD. This council reflects one of the early law making bodies in the church. Councils like this dealt with theological and rule making matters (and still do today). Lukefahr takes note that some people believe that “Christ never intended a Church with its leaders, rituals, laws, and potential for scandal and sin.” he makes the argument though that the Church was intended to have standards of membership and portrays Christ as a rule giver. He states that the church is a society and that “no society can exist without” rules and leaders.

As to specific rules of Canon law, his references are sparse. Propbaly the best place to find them are in his description of the sacrement of Marriage. He discusses specifically the capacity to be wed noting that a marriage can be invalidated by the Church if it violates either Church law or civil law. He also discusses the process for a annulments that are given by a diocesan tribunal. The anullment does not have civil effects and does not affect the status of children. He then discusses the Pauline Priviledge in which the Church amay disolve the marriage of unbaptized persons (and the similar Petrine Priviledge between an unbaptized and a baptized). Finally, he addresses divorce. The Catholic Church does not view civil divorce as ending a marriage, an annulment must be granted. Lukefahr does note though that the civil divorce does not exclude a Catholic from practice of the faith and that the civil divorce may be a necessity in order to protect people from abuse.

He also addresses the Ten Commandments. He argues that if the commandments are kept by all then we can truly be free. For example. if nobody steals then we are free from having to lock up out things, etc. It is an interesting argument, but not terribley well developed.

When it comes to the Church and its functions in the State, Lukefahr begins with the Decree of Milan issued by Constantine in 313 which granted religious toleration to Christians. While he notes that Constantine’s effots ended many problems, he is wary that this “opened a door to church-state entanglements that would create new problems for the Church.” This door is taken advantage of as the Roman Empire begins to collapse allowing the Church to “bec[o]me a civilizing force,” and again when Charlemagne was crowned Holy Roman Emperor in 800 and “renewed church-state ties, laying the groundwork for corruption and decay.” This corruption persisted until, he claims, the Council of Trent, after which there has been a steady movement “away from secular entanglements.” He even goes so far as to mention the US Constitution as a “new understanding” of the church state relationship.

This book functions as a handy introduction to the Catholic faith and includes both Theology and a little bit of law. While it is targeted more towards those actively trying to enter the faith, it could prove handy to someone needing an introduction to Catholic teachings.

Oscar Lukefahr