Notes
Notes Introduction. The Reordering of Law and the Illicit in Eleventh- and TwelfthCentury Europe An earlier version of this chapter was presented to the National Endowment for the Humanities Summer Seminar at Darwin College, Cambridge, directed by Richard Newhauser in July . I am grateful to the members of the seminar and to Richard Newhauser for their invitation, lively interest, and comments. This overview is dedicated to the editors and contributors of this volume. . For the later tenth century there is a vivid contrast between perceived order and disorder of this kind in Heinrich Fichtenau, Living in the Tenth Century: Mentalities and Social Orders, trans. Patrick J. Geary (Chicago, ), –, –. . I can take little notice here of the ‘‘transformation-mutation’’ debate that deals, still contentiously, with the political, social, and economic change in the period , or of the argument that the late eleventh-century papacy alone was the major agent of change. For references, see below, nn. , . . Glanvill, –. On the nature of prologues to legal treatises in the period, Robert Somerville and Bruce C. Brasington, Prefaces to Canon Law Books in Latin Christianity: Selected Translations, – (New Haven, Conn., ). On twelfthcentury ideas about custom and law, André Gouron, ‘‘Coutume contre loi chez les premiers glossateurs,’’ in Renaissance du pouvoir législatif et genèse de l’état, ed. André Gouron and Albert Rigaudière (Montpellier, ), –, and Kenneth Pennington , ‘‘Law, Legislative Authority and Theories of Government, –,’’ chap. . of The Cambridge History of Medieval Political Thought c. –c. , ed. J. H. Burns (Cambridge, ), –. . On Glanvill generally, T. F. T. Plucknett, Early English Legal Literature (Cambridge, ), –; R. C. Van Caenegem, The Birth of the English Common Law (Cambridge, ), –, and Michael T. Clanchy, From Memory to Written Record , England –, nd ed. (Oxford, ), –. . On the model, Edward Peters, ‘‘Moore’s Eleventh and Twelfth Centuries: Travels in the Agro-Literate Polity,’’ in Heresy and the Persecuting Society in the Middle Ages: Essays on the Work of R. I. Moore, ed. Michael Frassetto (Leiden, ), –. And for an elegant and lucid account, R. I. Moore, The First European Revolution c. – (Oxford, ). . E.g., the Leges Edwardi Confessoris: Bruce R. O’Brien, God’s Peace and King’s Peace: The Laws of Edward the Confessor (Philadelphia, ), –. Further on king and magnates, Timothy Reuter, ‘‘Assembly Politics in Western Europe from Notes to Pages – the Eighth Century to the Twelfth,’’ in The Medieval World, ed. Peter Linehan and Janet L. Nelson (London, ), –, and Janet L. Nelson, ‘‘Peers in the Early Middle Ages,’’ in Law, Laity and Solidarities: Essays in Honour of Susan Reynolds, ed. Pauline Stafford, Janet L. Nelson, and Jane Martindale (Manchester, ), –. . The classic works are those of Clanchy, From Memory to Written Record, and Brian Stock, The Implications of Literacy: Written Language and Models of Interpretation in the Eleventh and Twelfth Centuries (Princeton, N.J., ). . Peter Landau, ‘‘The Development of Law,’’ in The New Cambridge Medieval History, vol. , c. –c. , Part I, ed. David Luscombe and Jonathan RileySmith (Cambridge, ), –, at . A new approach connecting the earlier and later periods and focusing on the growth of informal expertise before the emergence of learned professional law and lawyers can be seen in the essay by Susan Reynolds, ‘‘The Emergence of Professional Law in the Long Twelfth Century,’’ and the comments on it by Piotr Górecki, Charles M. Radding, and Paul Brand in ‘‘Forum: The Emergence of Professional Law,’’ Law and History Review (): –, and in Susan Reynolds, ‘‘Medieval Law,’’ in Linehan and Nelson, The Medieval World, –. . On earlier attempts, see Plucknett, Early English Legal Literature, –. An important supplement in the case of England is O’Brien, God’s Peace and King’s Peace, esp. –, and, for Glanvill, –. See also Jonathan Bush, ed., English Legal Treatises, –: Explorations and Reassessments (London, forthcoming), cited by O’Brien, –, n. . . Janet L. Nelson, ‘‘Literacy in Carolingian Government,’’ in The Uses of Literacy in Early Medieval Europe, ed. Rosamond McKitterick (Cambridge, ), – , and other essays in the same volume, as well as the earlier work of Rosamond McKitterick, The Carolingians and the Written Word (Cambridge, ), –. . See the discussion of Lombard law and the Libri Feudorum in Susan Reynolds , Fiefs and Vassals (Oxford, ), –. . Detlev Jasper and Horst Fuhrmann, Papal Letters in the Early Middle Ages (Washington, D.C., ), –. . Clanchy, From Memory to Written Record. There is a vivid summary description in Wendy Davies, ‘‘Local Participation and Legal Ritual in Early Medieval Law Courts,’’ in The Moral World of the Law, ed. Peter Coss (Cambridge, ), –. The entire volume is useful for our purposes, especially Chris Wickham, ‘‘Conclusion,’’ –. See also M. T. Clanchy...
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