Expectations of the Law in 12th and 13th Century Scotland

From the end of the 12th century until the Great Schism, the papacy prosecuted hundreds of prelates charged with ‘crimes’ (crimina), ‘excesses’ (excessus), or ‘enormities’ (enormia, enormitates), these words being used interchangeably in the documents. These proceedings were often called inquisitionis negocia. All were initiated at the papal Curia and sentences were usually reserved to the pope or to a cardinal appointed by the pope. This article is based on the study of 480 cases between 1198 and 1342. It presents a general introductory survey of this judicial practice, which has never been studied before and seems curious, because, although serious and shameful charges were involved, ultimately most processes had minimal consequences for the accused. After a presentation of the sources which were used to establish the list of cases, a typology of the accusations is proposed. Finally, after a brief description of the procedures’ general characteristics, the various results of the processes are discussed.

ThéoRèmes. Enjeux des approches empiriques des religions, 2022

This preliminary exploration of the topic was written in 2016. Results of subsequent research will appear in the Bulletin of Medieval Canon Law in March 2023.

British Journal of American Legal Studies, 2019

The early eighteenth-century English ecclesiastical courts are a case study in the secularization of a legal system. As demonstrated elsewhere, the courts were very busy. And yet the theoretical justification for their jurisdiction was very much a matter of debate throughout the period, with divine-right and voluntaristic conceptions vying for precedence. Placed in this context, the King’s Bench decision in Middleton v Crofts (1736) represented an important step in the direction of limiting the reach of ecclesiastical jurisdiction, and did so on grounds that undermined divine-right justifications of the ecclesiastical court system as a whole.

Crime, Histoire & Sociétés

An extension of Kieckhefer's thinking on the institutionalisation of the medieval institution. Movement towards greater institutionalisation in the 14th century. NB This contains no references (it was a talk) but I would be happy to give references if they are requested.