Law and Theology in Twelfth-Century England: The Works of Master Vacarius (c. 1115/1120 - c. 1200) PDF
Preview Law and Theology in Twelfth-Century England: The Works of Master Vacarius (c. 1115/1120 - c. 1200)
KATERN 1 Ordernr. 070002 P1 LAW AND THEOLOGY IN TWELFTH-CENTURY ENGLAND Page 1 Ordernr. 070002 P1 DISPUTATIO Editorial Board Georgiana Donavin (Westminster College) Cary J. Nederman (Texas A&M University) Richard Utz (University of Northern Iowa) Volume 10 Page 2 Ordernr. 070002 P1 LAW AND THEOLOGY IN TWELFTH-CENTURY ENGLAND The Works of Master Vacarius (c. 1115/1120–c. 1200) by Jason Taliadoros H F Page 3 Ordernr. 070002 P2 British Library Cataloguing in Publication Data Taliodorus, Jason Law and theology in twelfth-century England : the works of Master Vacarius (c.1115/1120-c.1200) - (Disputatio ; 10) 1. Vacarius, 1115?-1200? 2. Theology - History - Middle Ages, 600-1500 3. Theology - Methodology 4. Law, Medieval 5. Religion and law - History - To 1500 I. Title 270'.092 ISBN-13: 9782503517827 © 2006, Brepols Publishers n.v., Turnhout, Belgium All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher. D/2006/0095/148 ISBN-13: 978-2-503-51782-7 Printed in the E.U. on acid-free paper Page 4 Ordernr. 070002 P1 CONTENTS Acknowledgements vii List of Abbreviations ix Introduction: 1 Biography: A Twelfth-century Life 2 Legal and Supra-legal Works 9 Scholasticism 13 Lawyer-theologian 19 Chapter Outline 21 Chapter 1: Teaching Law 25 Law and Society in the Twelfth Century 25 The Liber pauperum 31 Law Teaching at Oxford 35 Canon Law, Roman Law, and the Ius Commune 43 Conclusion 52 Chapter 2: The Law of Marriage 55 Part I: Background 55 Part II: Terms and Language in the Summa de matrimonio 69 Part III: Traditio in the Summa de matrimonio 88 Part IV: Dissolution 108 Part V: Marriage Law in Practice 117 Final Conclusions 129 Page 5 Ordernr. 070002 P1 Chapter 3: Christology 131 Part I: Christological Debates in the Twelfth Century 131 Part II: The Tractatus de assumpto homine 153 Part III: The Liber contra 192 Final Conclusions 211 Chapter 4: Heresy, Theology, and Sacramental Matters 215 Part I: Background 215 Part II: Sacramental Matters: Holy Orders 228 Part III: Sacramental Matters: Baptism 249 Part IV: Sacramental Matters: Eucharist 258 Part V: Sacramental Matters: Penance and Confession 275 Part VI: Other Theological Matters 277 Final Conclusions 288 Conclusion 291 Bibliography 295 Page 6 Ordernr. 070002 P1 ACKNOWLEDGEMENTS I should like to thank the many individuals and institutions whose aid, support, and advice has made this book possible. Firstly, to Ann Gilmour-Bryson and Ann Trindade, who inspired my interest in medieval intellectual history as an undergraduate student and later supervised the early stages of my PhD, I owe a profound debt of gratitude. The departments of history and philosophy at the University of Melbourne capably oversaw the completion of my doctoral thesis on Vacarius, which forms the basis of the present study; thank you. In particular, I acknowledge the roles of Brian Scarlett, Megan Cassidy-Welch, and Barry Collett. I received financial support for my studies through a scholarship and travel funds provided by the University of Melbourne and the Department of History. This was supplemented by in-kind support from Corpus Christi College, Oxford, and a travel grant provided by the Medieval Institute of the University of Notre Dame, both of which enabled me to use their university library resources, in particular the Ambrosiana microfilms collection at Notre Dame. I acknowledge the support received from Pam Clements and the Convivium Centre for Medieval and Early Modern Interdisciplinary Studies, based at Siena College, NY, for its awarding of a year-long teaching fellowship granting me the time and institutional resources to begin preparing the manuscript for this book. I also wish to thank the Standish Library there for its provisions of off-campus loans. I am also grateful to the staff of the many other libraries and research facilities in Europe, the United States, and Australia, who put their resources at my disposal: the libraries at the University of Melbourne and Monash University, particularly their inter-library loans sections; the United Faculty of Theology Library at Ormond College, Melbourne; the Mannix Library at Catholic Page 7 Ordernr. 070002 P1 viii Acknowledgements Theological College, East Melbourne; St Paschal’s Library at Bible College Victoria, Box Hill; the Western Manuscripts Reading Room in the Bodleian Library, Oxford; the library of Corpus Christi, Oxford; the Dorrington Library, All Souls, Oxford; the Manuscript Reading Room, Gonville & Caius, Cambridge; the Manuscripts Reading Room, Cambridge University Library; the British Library; the Worcester Cathedral Library, Worcester; and the Manuscripts Reading Room of the Vatican Library, Rome. I have further benefited from the encouragement and counsel of innumerable scholars and peers during the course of my postgraduate studies and subsequent research. Of these, I will name but a few: John Ward; Juanita Feros-Ruys; Rod Thomson; Elizabeth Freeman; and the ‘Melbourne Medievalists’. Worthy of particular mention, Paul Brand and Marcia Colish generously read and commented on earlier versions of the manuscript. I am also grateful to the anonymous Brepols reader, who provided many instructive comments and suggestions. More recently, the School of Historical Studies at Monash University in Melbourne welcomed me as an Honorary Research Associate, and I have benefited from the advice of colleagues in that department. No less supportive has been Renn Wortley of the University Solicitor’s Office, who has accommodated the completion of this book while managing my role as a lawyer in his office. I am indebted to Brepols Publishers, and Simon Forde in particular, for their faith in this project. To Kaele Stokes, for proofreading the text of the manuscript, thank you for your patience. Despite your thoroughness, the errors that remain are, unfortunately, my own. Thank you also to Kate Riley and Jan Matthews for proofreading earlier versions of the text. This book owes its existence to two people in particular: Constant Mews had no official role in supervising my doctoral studies, but for a decade now has freely offered his expertise in discussions, email, and reading innumerable drafts, as well as providing encouragement and example. Cary Nederman, too, gifted me the benefit of his insight and love for scholarship. Both have given of themselves without hope of reward; the publication of this book, I hope, repays some of their faith in me. To Fiona, I dedicate this book to you for your love and support; through the seven years of this project, you have been my foundation and rock. Page 8
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