Law as Profession and Practice in Medieval Europe

This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.

Kenneth Pennington is Kelly-Quinn Professor of Ecclesiastical and Legal History at The Catholic University of America, USA; Melodie Harris Eichbauer is Assistant Professor of Medieval History, History Department, Florida Gulf Coast University, Fort Myers, USA

List of Figures, List of Abbreviations, Introduction, Part I. Medieval Legal Thought and Constitutional Ideas, 1. Bishops and Bankers, 2. Defending a Conservative View on Witches: Juan de Torquemada on c. Episcopi [C.26 q.5 c.12], 3. Pope Innocent III and Secular Law, 4. Corporatism, Individualism, and Consent: Locke and Premodern Thought, 5. The Rights of Self-Defence and Justified Warfare in the Writings of the Twelfth- and Thirteenth-Century Canonists, 6. Feudal Oath of Fidelity and Homage, 7. Is the Sea Open or Closed? The Grotius-Selden Debate Renewed, Part II. Schools, the English Church, and Texts, 8. The Sacred Muses and the Twelve Tables: Legal Education and Practice, Latin Philology and Rhetoric, and Roman History, 9. When Did Cambridge Become a Studium generale?, 10. Regulating the Number of Proctors in the English Ecclesiastical Courts: Evidence from an Early Tudor Tract, 11. Collectio Fontanensis: A Decretal Collection of the Twelfth Century for an English Cistercian Abbey, 12. "Deus est procurator fatuorum": Cloistered Nuns and Equitable Decision-Making in the Court of Chancery, 13. Canon Law as Reflected in the Ecclesiastical History of Orderic Vitalis, 14. Pro Amore Dei: Diplomatic Evidence of Social Conflict During the Reign of King John, Part III. Law, Sex and Marriage, 15. The Mysterious Canonist Bazianus on Marriage, 16. Charlemagne in Hell, 17. Sex and the Romanesque in Occitania-Provence, Part IV.?Law and Crusades, 18. The Templars and Their Legislation, 19. Adhemar of Le Puy, Papal Legate on the First Crusade, Bibliography of James A. Brundage's Published Works, Index