“Cum essem in Constantie…”: Raffaele Fulgosio and the Council of Constance 1414-1415

Martin John Cable, Ph.D. (2001), London School of Economics and Political Science, is an independent scholar. He has published several studies on the legal questions raised by the Great Schism and particularly concerning the concepts of ‘Real and Personal Obedience’.

• ContentsPreface and Acknowledgements ixAbbreviations xiiIntroduction 11 Texts and Contexts 32 Historical Overview: The Schism until the Council of Constance 63 Biography: Payoffs and Pitfalls 111 Podcasts from the Past 191.a The Print Tradition of the Commentaries 201.b Manuscript Sources for the Commentaries 251.c Dating the Sources of the Printed Commentaries 292.a Fulgosio’s Life and Career 472.b Fulgosio’s Education 522.c From Pavia to Padua 612.d Fulgosio’s Married Life 762 Fulgosio’s Teaching Style and Professional Work 871.a Teacher and Lecturer 871.b Extraordinary and Ordinary Lectures 1062.a Working Lawyer 1092.b Due Process: Abuses and Exceptions 1152.c Legal Fictions and the Imperial Prerogative 1192.d Successive Procedural Contributions 1342.e Diplomatic Activity and Advice: The Treaty of 1412/1413 1372.f Other Legal and Professional Work 1443 Fulgosio’s Arrival at the General Council 1471 Conciliar Advocate 1512 The Marche Case and the Question of Obedience 1554 The Arrival of the Emperor Sigismund at Constance, Part One:Fulgosio and the Christmas Day Controversy of 1414 1621 Status and Rank: The Besancon Case 1642.a A New Source for Sigismund’s Arrival at Constance 1662.b Fulgosio’s Recollection of Sigismund’s Arrival 1672.c Fulgosio’s Later Recollection of Sigismund’s Arrival 1732.d Fulgosio’s Opponent in the Debate 1772.e Dating the Debate 1793 Aragon and the Empire 1805 Fulgosio and the Question of Suffrage and Representation at theCouncil of Constance 1851.a Voting by Nation at Constance 1851.b Fulgosio and the Debate on Suffrage 1901.c Fulgosio’s Consilium on Voting by Proxy 1941.d Fulgosio’s Private View 1971.e Dating Fulgosio’s Contribution 1982 Sub-Sub-Delegation 2016 Fulgosio, the Case of the Anonymous Archbishop and the LegalLegacy of the Great Schism at Constance 2071.a Identifying the Litigants 2081.b Fulgosio’s Consilium 2122.a The Impact of Pisa and the Great Schism 2162.b Guaranteeing Property Rights in the Settlement of theSchism 2202.c Dating Fulgosio’s Contribution 2237 Fulgosio and the Defence of Pope John XXIII at Constance 2261 Papal Simony 2262 Fulgosio’s Defence of John XXIII 2288 Sigismund’s Arrival at Constance, Part Two: Fulgosio and theDonation of Constantine 2361.a Re-Examining Fulgosio’s Comments on the Donation 2381.b Fulgosio’s Intervention 2451.c Conclusion 2509 Return from Constance to Padua 25410 Fulgosio and Constance after Constance 2681.a The Jean Petit Tyrannicide Case 2681.b Fulgosio’s Consilium 2732 The Defence of the Jews of Ferrara 27811 Fulgosio’s Final Years in Padua 2851 Succession Disputes: Canosa and Straubing/Holland 2862 Fulgosio’s Death 2883 Beccaria’s Death 29512 Conclusions 3001 Dissimulation and Identity 3002 The Donation of Constantine 3033 The History of the Council of Constance 3044 University Teaching Practice 3065 Legal History and Humanism 307Appendices1 The Last Will and Testament of Raffaele Fulgosio Padua,11 September, 1427 3172 The Last Will and Testament of Giovanina Fulgosio Padua,1 September, 1437 3243 The Inventory of Giovanina Fulgosio’s Possessions Padua,July 1439 3304 Data Table for Graphs 339Bibliography 350Index 382

"Martin Cable’s book “Cum essem in Constantie . . .”: Raffaele Fulgosio and the Council of Constance is an impressive work in medieval intellectual history. For its investigation into the life and teaching of Fulgosio, a law professor and later advocate at the Council of Con stance, the book utilizes the still underused genre of legal commentaries. It is indeed Fulgosio’s annotated anecdotes and references to particular law cases that he used during his lectures that loosely hold together the story Martin Cable unfolds... It should be of interest to a rather wide range of scholars who are concerned with late medieval university history, legal thought, and the history of the Council of Constance specifically or the conciliar movement more generally."Bettina Koch, Speculum 92.4 (2017).