<i>Per la storia del foro privilegiato dei deboli nell’esperienza giuridica altomedioevale dal tardo antico a Carlo Magno</i> (review)
James A. Brundage
Reviewed by: Per la storia del foro privilegiato dei deboli nell’esperienza giuridica altomedioevale dal tardo antico a Carlo Magno James A. Brundage Magno. By Cecilia Natalini. [Archivio per diritto medioevale e moderno, Studi Testi, Vol. 14.] (Bologna: Monduzzi Editore. 2008. Pp. xii, 213. ISBN 978-8-832-36142-1.) The belief that all decent people are morally obliged to protect disadvantaged persons—widows, orphans, strangers, the poor, and helpless—from oppression by rich powerful runs deep into history of Judeo-Christian tradition as Exodus 22:21–25, for example, plainly shows. In this book, based on her doctoral thesis at University Trent, Natalini examines ways in which ecclesiastical civil authorities from Constantine I Charlesmagne attempted, with variable success, enforce obligation. process, tells it, began imperial constitution Si contra pupillos promulgated 334. emperor commanded judges widows, young persons, those disabled long illness, “others made wretched wrongs fortune” opponents who sought take advantage their disabilities. Should fail do so, ordered provincial compel culprits appear person before him answer misdeeds. This was subsequently incorporated official collections Roman law, including Theodosian Code [End Page 509] Justinian, provided basis later attempts (commonly described miserabiles personae). A could also seek protection another source. year had issued first what came be called Sirmondian Constitutions. he authorized Christian bishops adjudicate complaints “wretched persons” against attempted exploit them. episcopal decisions such cases should have force law required Disadvantaged persons late Empire thus enjoyed two sources (at least principle): judicial system bishops’ courts. neat visions legal texts prescribe lamentably liable fall short authors’ intentions. Certainly less well off persisted despite constitutions. details efforts patristic writers, notably Ss. Ambrose Augustine, persuade contemporaries vulnerable vicious. Doing so effectively became increasingly complicated problematical gradual breakdown government face so-called barbarian invasions during fifth sixth centuries. Popes (especially Gregory Great) occasionally some flocks. Council Mâcon (585) insisted must present any court hearings involved person. Its canon matter similar ones other church councils were authoritative rulings numerous (particularly Dionysiana Hispana) circulated widely throughout Latin church, strengthened hand alleviate lot poor disadvantaged. Carolingian rulers, particularly Pippen III Charlesmagne, brought effective courts once again now France, Italy parts German lands latter part eighth beginning ninth century. They specifically instructed royal agents (missi dominici) judges, many whom bishops, use authority intervene prevent exploitation subjects. Natalini’s treatment tangled chain events covered book is admirably lucid. Historians antiquity early Middle Ages will find contribution social period informed even-handed. Kansas (Emeritus) Copyright © 2010 Catholic America Press
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