Law As Profession and Practice in Medieval Europe : Essays in Honor of James A. Brundage

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. Bishops and bankers / Olivia F. Robinson Defending a conservative view on witches : Juan de Torquemada on c. Episcopi [C. 26 q. 5 c. 12] / Thomas M. Izbicki Pope Innocent III and secular law / James M. Powell Corporatism, individualism, and consent / Brian Tierney The rights of self-defense and justified warfare in the writings of the twelfth- and thirteenth-century canonists / Charles J. Reid, Jr Feudal oath of fidelity and homage / Kenneth Pennington Is the sea open or closed? : the Grotius-Selden debate renewed / James Muldoon The sacred muses and the Twelve Tables : legal education and practice, Latin philology and rhetoric, and Roman history / Edward Peters When did Cambridge become a studium generale? / Patrick Zutshi Regulating the number of proctors in the English ecclesiastical courts : evidence from an early Tudor tract / R. H. Helmholz Collectio fontanensis : a decretal collection of the twelfth-century for an English Cistercian abbey / Peter Landau "Deus est procurator fatuorum" : cloistered nuns and equitable decision-making in the Court of Chancery / Elizabeth Makowski Canon law as reflected in the ecclesiastical history of Orderic Vitalis / Marjorie Chibnall Pro amore dei : diplomatic evidence of social conflict during the reign of King John / Michael Gervers and Nicole Hamonic The mysterious canonist Bazianus on marriage / Charles Donahue, Jr Charlemagne in hell / Richard Kay Sex and the romanesque in Occitania-Provence / Glenn W. Olsen The Templars and their legislation / Jonathan Riley-Smith Adhemar of le Puy, papal legate on the first crusade / Robert Somerville Bibliography of James A. Brundage's works / Melodie H. Eichbauer. Contents 8 List of Figures 12 List of Abbreviations 14 Introduction 16 Part I Medieval Legal Thought and Constitutional Ideas 24 1 Bishops and Bankers 26 2 Defending a Conservative View on Witches 42 3 Pope Innocent III and Secular Law 56 4 Corporatism, Individualism, and Consent 64 5 The Rights of Self-Defence and Justified Warfare 88 6 Feudal Oath of Fidelity and Homage 108 7 Is the Sea Open or Closed? The Grotius-Selden Debate Renewed 132 Part II Schools, the English Church, and Texts 150 8 The Sacred Muses and the Twelve Tables 152 9 When Did Cambridge Become a Studium generale? 168 10 Regulating the Number of Proctors in the English Ecclesiastical Courts 188 11 Collectio Fontanensis 202 12 “Deus est procurator fatuorum” 220 13 Canon Law as Reflected in the Ecclesiastical History of Orderic Vitalis 234 14 Pro Amore Dei 246 Part III Law, Sex and Marriage 276 15 The Mysterious Canonist Bazianus on Marriage 278 16 Charlemagne in Hell 308 17 Sex and the Romanesque in Occitania-Provence 342 Part IV Law and Crusades 372 18 The Templars and Their Legislation 374 19 Adhemar of Le Puy, Papal Legate on the First Crusade 386 Bibliography of James A. Brundage’s Published Works 402 Index 432 This volume brings together a set of papers by international scholars, distinguished in their own right, in honor of James Brundage. Each contribution corresponds to an important focus of Brundage's own work. The connection between the development of medieval legal thought and constitutional ideas is the theme that marks the first section, while the second centers on the growth of the legal profession. The following papers explore the intersection of law and marriage and finally the influence of legal thinking on the crusading movement This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organized into four sections, each corresponding to an important focus of Brundage's scholarly work