Law, Sex and Christian Society in Mediaeval Europe [Paperback]

I have difficulty believing this book has been listed this long on Amazon without gaining even the most cursory review. Nevertheless, serious students of the medieval period should seek out this book, if only to see how true academic scholarship should be performed.

For those not familiar with this text, Brundage transcribed, translated, edited, and summarized a vast corpus of materials from the medieval period and presents his results here. He consulted everything from medieval penitentials (confessors' manuals) to Roman law codes, from Germanic statutes to patristic doctrine, but does so without ever simplifying his source beyond recognition. In each chapter, he covers similar ground: marriage statues; laws regarding fornication and adultery; clerical marriage and celibacy regulations; prostitution, homosexuality, and concubinage. So, for example, he might outline in brief the arguments found in Gratian's Decretum regarding the legally binding aspects of marriage, followed by his arguments opposing divorce. Brundage was always careful not to generalize, and the ideas he presents are always attributed to their sources. The footnotes are meticulous, and his research apparatus impeccable.

This work is astounding. It is not the kind of text intended for a light summer's read, but the culmination of a career of research and analysis. While it should not substitute for primary source research on the part of the academic historian, it is nevertheless an essential summary of ideas and trends in law during the past. It is a remarkable achievement.

Through an in-depth, comprehensive examination of source material, this book provides a summary of laws related to sexuality from the early days of Christianity through the Reformation.

Brundage has divided this book into 12 chapters, 10 of which cover different time frames, one devoted to Gratian's Decretum, and a final chapter titled, "Modern Sex Law and Modern Society: Recapitulation, Reflections and Conclusions." This last chapter is largely Brundage editorializing but I won't criticize that too heavily. Based on the quality of the other 11 chapters, I'd say he's earned the right.

The way Brundage organized this book is by taking time frames, such as from 1140-1190 or 1234-1348 and examine a relatively consistent set of issues for each period. This allows the reader either to go through the entire book as a whole and glean a narrative evolution of sexual laws and restrictions, or to examine, for example, how the laws and penalties regarding nonmarital sex differed between the 14th and 11th centuries.

The book begins with an examination of sexual laws in the ancient world and proceeds through the 11th century. With much less source material to work from, these first 4 chapters are briefer, though still valuable. When Brundage begins relating the impact of Gratian's Decretum, first "published" around 1140, this work really hits its stride. At this time a great deal of material becomes available and Brundage dives in, discussing the Church's views on marriage, sex within and out of wedlock, divorce, marital property, clerical celibacy, homosexuality, prostitution and concubinage and also how Canon law influenced civil law.

There are dozens of interesting aspects which he discusses. Personally, I find greatest interest in what constituted marriage vows during the early Middle Ages, how marriage was a product of mutual consent between two parties, completed through consummation, and without any requirement of participation by a Priest, and how that proceeded to change over time. However there are numerous other examples - the evolution of clerical celibacy is also very interesting as are some of the divorce laws.

This work is heavily footnoted which will allow readers to do additional research if they like. Keep in mind this is an academic book and refers heavily to primary and secondary source material. For a work of this type I consider it well-written but even so it is not an easy read. And I would be remiss if I didn't at least give recognition to the chart on page 162. It's titled, "FEELING RANDY?" and has a flow chart indicating whether it's OK to have sex based on the many religious restrictions, ranging from, "Is Wife Menstruating?" to "Is it daylight?" Once you work your way through that, it's a wonder Western Civilization didn't become extinct.

If you're really wondering what The Church thought about sex during the Medieval period and would like to learn more on how this influenced civil law, I wholeheartedly recommend this book. Just be ready to spend some time working your way through it. Brundage examines a tremendous amount of source material in some detail and that's anything but light reading.

I own quite a few Brundage books, and I absolutely adore them. If you want to get a comprehensive, detailed and extremely well sourced guide to Medieval Sexuality, Brundage is the man. What should be noted is that a fairly substantial chunk of the book is not merely "medieval" but also Roman. I completely agree with his backtracking in order to understand where western sexuality had been and where it was going. I just sat down this morning to reread this book without thesis deadlines looming over my head. Now I can enjoy the book more than blow through it.

Brundage also goes over some European societies and time periods that are not Christian (although they do become such). He also discusses wergelds in terms of sex, which I found an interesting note to make, but only makes is briefly in the section on Germanic peoples. He really doesn't leave many stones unturned. I wish there was more written about morgengable, but I realize that's much more of a German academic term and not often found in English texts.

James A. Brundage is an extraordinary scholar. I would recommend any of his books.