In this dissertation I provide an edition of the treatise on usury (De usuris, bk. 2, tit. 7) contained in the Dominican friar John of Freiburg’s (d. 1314) Summa confessorum (ca. 1298) – a comprehensive encyclopedia of pastoral care that John wrote for the benefit of his fellow friar preachers and all others charged with the cure of souls. The edition is prefaced by a detailed biography of John of Freiburg, an account of the genesis of the Summa confessorum that places the work in the context of John’s other literary productions, a commentary on the contents of the treatise on usury, and a study of the influence of John’s treatise on subsequent confessors’ manuals up to the end of the fourteenth century with a special concentration on the history of the Summa confessorum on usury in England. Based on an analysis of the social function of confessors’ manuals and the reception history of John’s treatise on usury, I contend that the Summa confessorum offers us a window into what many medieval men and women of all social classes in widespread areas of Europe might have known about the medieval Church’s prohibition of taking interest in a loan. As a prominent vehicle for the popularization of medieval canon law, then, the Summa confessorum occupies a significant place in the intellectual and social history of the Late Middle Ages. Finally, I argue that John’s choices in crafting his treatise on usury were ultimately influenced to a significant extent by the clash of economic interests between the old landed aristocracy and the rising burgher class in Freiburg, where John wrote the Summa confessorum and served as lector of the Dominican convent for over thirty years.

This is a study of a Roman legal document of unknown date and debated origin conventionally known as the Edictum Theoderici (ET). Comprised of 154 edicta, or provisions, in addition to a prologue and epilogue, the ET is a significant but largely overlooked document for understanding the institutions of Roman law, legal administration and society in the West from the fourth to early sixth century. The purpose is to situate the text within its proper historical and legal context, to understand better the processes involved in the creation of new law in the post-Roman world, as well as to appreciate how the various social, political and cultural changes associated with the end of the classical world and the beginning of the Middle Ages manifested themselves in the domain of Roman law. It is argued here that the ET was produced by a group of unknown Roman jurisprudents working under the instructions of the Ostrogothic king Theoderic the Great (493-526), and was intended as a guide for settling disputes between the Roman and Ostrogothic inhabitants of Italy. A study of its contents in relation to earlier Roman law and legal custom preserved in imperial decrees and juristic commentaries offers a revealing glimpse into how, and to what extent, Roman law survived and evolved in Italy following the decline and eventual collapse of imperial authority in the region. Such an examination also challenges long-held assumptions as to just how peaceful, prosperous and Roman-like Theoderic’s Italy really was.

In this dissertation I provide an edition of the treatise on usury (De usuris, bk. 2, tit. 7) contained in the Dominican friar John of Freiburg’s (d. 1314) Summa confessorum (ca. 1298) – a comprehensive encyclopedia of pastoral care that John wrote for the benefit of his fellow friar preachers and all others charged with the cure of souls. The edition is prefaced by a detailed biography of John of Freiburg, an account of the genesis of the Summa confessorum that places the work in the context of John’s other literary productions, a commentary on the contents of the treatise on usury, and a study of the influence of John’s treatise on subsequent confessors’ manuals up to the end of the fourteenth century with a special concentration on the history of the Summa confessorum on usury in England. Based on an analysis of the social function of confessors’ manuals and the reception history of John’s treatise on usury, I contend that the Summa confessorum offers us a window into what many medieval men and women of all social classes in widespread areas of Europe might have known about the medieval Church’s prohibition of taking interest in a loan. As a prominent vehicle for the popularization of medieval canon law, then, the Summa confessorum occupies a significant place in the intellectual and social history of the Late Middle Ages. Finally, I argue that John’s choices in crafting his treatise on usury were ultimately influenced to a significant extent by the clash of economic interests between the old landed aristocracy and the rising burgher class in Freiburg, where John wrote the Summa confessorum and served as lector of the Dominican convent for over thirty years.

Thesis (doctoral)--Universität, Freiburg im Breisgau, 2005. / Includes bibliographical references.

Thesis (doctoral)--Universität Greifswald, 1903. / Includes bibliographical references (p. [7]-8).

Habilitationsschrift--Göttingen. / Bibliography: v. 1, p. 22-36.

Thesis (Ph. D.)--Johns Hopkins University, 1937. / Vita.

Habilitationsschrift--Johannes Gutenberg-Universität Mainz, Wintersemester 1981/82. / Includes indexes. Includes bibliographical references (p. [216]-225).

Thesis--Faculté de droit de Paris. / Includes bibliographical references.

Thesis, Münster.