Canon Law, Religion, and Politics

Canon Law, Religion, and Politics: "Liber Amicorum" Robert Somerville

Uta-Renate Blumenthal
Anders Winroth
Peter Landau
Copyright Date: 2012
Pages: 339
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  • Book Info
    Canon Law, Religion, and Politics
    Book Description:

    Canon Law, Religion, and Politics extends and honors the work of the distinguished historian Robert Somerville, a preeminent expert on medieval church councils, law, and papal history.

    eISBN: 978-0-8132-1976-9
    Subjects: Religion

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-viii)
  3. Preface
    (pp. ix-xii)
    URB, AW and PL
  4. Introduction
    (pp. xiii-xvi)

    The essays published in this volume in honor of Robert Somerville reflect the admiration, gratitude, and friendship of his former students and of scholars some of whom have known him since his days as a graduate student in the manuscript room of the Biblioteca Apostolica Vaticana. They mirror Somerville’s influence and his eminent status in the fields of medieval canon law, theology, and political history, not only in connection with the eleventh and twelfth centuries, but also later centuries, when the rediscovery of Roman law had led to the sophisticated developments of the ius commune and its practical application among...

  5. Abbreviations
    (pp. xvii-xx)
  6. Part One. Canon Law
    • 1 Were There Two Arsenal Collections? Arsenal 713B and the Ivonian Panormia
      (pp. 3-14)

      The so-called Arsenal Collection played an important role in providing canons to at least three late eleventh- and early twelfth-century collections: the Decretum and the Panormia attributed to Ivo, bishop of Chartres (d. 1115), and the Collectio Caesaraugustana. The Arsenal Collection is preserved only in one manuscript, that of Paris, Bibliothèque de l’Arsenal MS 713. It appears in the second part of the composite manuscript, from folios 117 to 192, which Somerville dubbed ‘713B.’¹ To describe this set of materials as a ‘collection’ almost seems like a misnomer, at least upon first glance. It consists of many canons written in...

    • 2 The Collectio Canonum Caesaraugustana and Roman Legal Sources
      (pp. 15-27)

      In the light of the formidable, well-known difficulties in dealing with the oldest version of the Caesaraugustana, even a small step forward might assist further research.¹ This paper, therefore, will venture to examine the collection’s interest in Roman law, law that had been invigorated a good generation earlier by the rediscovery of Justinian’s Digest.² The Collectio Britannica (CB), studied recently and partially edited in such exemplary manner by Robert Somerville, is the chief and possibly the only extant witness for the earliest of scholarly efforts on the part of canonists to approach the Digest or Pandects in the eleventh century.³...

    • 3 Law, Penance, and the ‘Gregorian’ Reform: The Case of Padua, Biblioteca del seminario vescovile MS 529
      (pp. 28-40)

      The Liber decretorum of Bishop Burchard of Worms was one of the most important canon law collections in the eleventh and early twelfth centuries until the compilations associated with Ivo of Chartres came into widespread use. Its popularity is borne out not just by its subsequent use as a formal source but also by its widespread transmission; the Liber decretorum (hereafter LD) remains extant in more than 80 copies in addition to some 20 fragments, some of which consist of single leaves. Compiled between 1012 and 1022, LD was soon thereafter transmitted, and Burchard himself may have had a role...

    • 4 New Wine in Old Skins? Remarks on the Collectio Burdegalensis
      (pp. 41-55)

      The biblical saying that no man should put ‘new wine in old wineskins’, for these would otherwise burst (Mt. 9:17; Mk. 2:22; Lk. 5:37), can epitomize the following reflections on the Collectio Burdegalensis.¹ Scholars recognized from the first that this collection from southwestern France actually combines two collections that do not entirely fit each other: the already aging, pre-Gregorian Decretum of Burchard of Worms² and a collection from the Gregorian Reform period, the Diversorum patrum sententiae (also called Collection in 74 Titles7, hereafter abbreviated DPS). Since Paul Fournier, the DPS has been regarded as ‘le premier manuel de la réforme...

    • 5 A New Manuscript of the Collectio Sinemuriensis (New York, Columbia University, Western MS 82)
      (pp. 56-74)

      An early twelfth-century manuscript, whose precise origin remains unknown, was sold at the Hotel Drouot in Paris, on Wednesday, January 28, 2004. Although the volume includes no miniatures but only a few decorated initials, the bidding reached the high sum of €46,500. The codex was acquired by a dealer that specialized in the sale of rare manuscripts, the Les Enluminures bookstore. Thanks to the speedy action of Robert Somerville, to whom these lines are dedicated, and to Dr. Consuelo Dutschke of the manuscript and rare book department of Columbia University Library in New York, the Les Enluminures bookstore sold the...

    • 6 The Influence of the Eastern Patristic Fathers on the Canonical Collections of South Italy in the Eleventh and Early Twelfth Centuries
      (pp. 75-106)

      In the spring of 1967, while I was working at the Vatican Library on my doctoral thesis as a Harvard Sheldon Traveling Fellow, I received a message from Robert Somerville, then a graduate student preparing his doctoral thesis at Yale. Professor Stephan Kuttner had asked him to contact me, and so we first met at the convent of the Piccole Suore della Sacra Famiglia, across from the Vatican Museum, where my family and I were staying. Thereafter Bob, as I came to know him, and I worked together at the Vatican Library and then in that summer at the Bibliothèque...

    • 7 Differentia est: A Twelfth-Century Summula on Anathema and Excommunication
      (pp. 107-117)

      Professor Somerville has analyzed some of the most challenging sources of medieval canon law. His studies of the canons of Claremont and papal decretals to Scotland are but two examples of this willingness to confront vast, complicated textual traditions. Equally, however, he has devoted considerable attention to the briefest of works, for example, prefaces to canonical collections, an enterprise in which this author was privileged to participate. The following study, offered in admiration to a master of canonistic texts both great and small, offers a similar miniature as it considers a twelfth-century summula on anathema and excommunication. Preserved in MS...

    • 8 The Power of an Absent Pope: Privileges, Forgery, and Papal Authority in Aquitaine, 877–1050
      (pp. 118-135)

      In 930, Frotier II entered his fourth decade as bishop of Poitiers. Possibly in a bid to close his long episcopate in a fitting manner, or possibly—as some scholars have argued—in an attempt to settle a dispute with the local comital house, Frotier set out over the next few years to reconstruct the monastery of Saint-Cyprien, which lay on the banks of the river Clain on the outskirts of the city.¹ This was a long process involving multiple steps. Frotier rebuilt the structures of the house.² He endowed it with land and income both from his own holdings...

    • 9 The Origin of Civil Procedure: Treatises in Durham during the Twelfth Century
      (pp. 136-144)

      The twelfth century was a period of revival of jurisprudence in Italy for the two fields of Roman law and Canon law, later labeled as Jus commune. Mainly fostered by contemporary canonists, this revival soon spread to other parts of Europe outside Italy, so to southern and northern France, to some parts of Germany as for example Cologne, and also to England. The Anglo-Norman realm of King Henry II had a remarkable number of canonists among its leading figures and is outstanding for its activity in collecting papal decretals after 1150, thus preserving one of the most precious heritages of...

  7. Part Two. Religion
    • 10 The Surviving Manuscripts of the Eucharistic Treatises of Heriger of Lobbes
      (pp. 147-162)

      Thus did Sigebert of Gembloux include Abbot Heriger of Lobbes among the great scholars of the late tenth century. Heriger’s reputation was fully merited by his important contributions in such varied fields as history, hagiography, mathematics, chronology, and hymnology. He also wrote two separate but related treatises on the Eucharist, both of which support a realist interpretation of the sacrament. No fewer than fifteen medieval manuscripts containing either or both of the two treatises survive and bear witness to the spread of Abbot Heriger’s ideas as far as England and the Alps.

      Heriger was born at Moerbeke in eastern Flanders...

    • 11 The De corpore et sanguine Domini of Ernulf of Canterbury
      (pp. 163-182)

      Robert Somerville’s magisterial series of studies on the church councils of the eleventh and twelfth centuries has led him to touch on almost every one of the great issues of the time. Of these, few generated more passionate debate than the Eucharistic controversy provoked by the teachings of Berengar of Tours.¹ The text below is only marginal to the issue, but deserves attention as an unusual and early example of that reflection on custom, reason and authority which became so dominant a theme in the period.

      It was written by Ernulf, born in northern France in 1039/40. After early study...

  8. Part Three. Politics
    • 12 Imagining Libertas: Keeping the Bishop at Bay in the Twelfth-Century Chronicle of Petershausen
      (pp. 185-198)

      On 27 August 1134, ‘with great joy and exaltation, with hymns and praises’, the monks of Petershausen, accompanied by Bishop Ulrich II (1127–38) of Constance, monks from seven other monasteries, and a great crowd of clerics and lay people, carried the relics of their community’s founder, Bishop Gebhard II (979–95), into the newly restored monastery church.¹ In preparation for the translation, Abbot Conrad (1127–64) had opened Gebhard’s tomb in the presence of the bishop and discovered the holy body, ‘more precious than any costly treasure’, lying in decaying burial garments that clung to the bones and threatened...

    • 13 The Deposition and Excommunication of Emperors and Kings: A Collection of Historical Examples from the Investiture Conflict
      (pp. 199-214)

      January of the year 1076 began and ended dramatically. On New Year’s Day, the envoys of King Henry IV returning from Rome handed over to the ruler in Goslar a missive from Gregory VII, in which the pope demanded from Henry strict obedience towards the church in all things.¹ The letter, written in the most reproachful and irritated tone, was complemented by the orally transmitted demands of the pope: the king must renounce continued relations with the excommunicated councilors, as well as further intervention in the episcopal nominations at Milan, Fermo, and Spoleto. Gregory threatened him with excommunication and deposition...

    • 14 Another Canonist Heard From: Gervase of Tilbury’s Kaiserspiegel for Otto IV
      (pp. 215-227)

      Between 1211 and 1214, Gervase of Tilbury, the widely travelled English polymath, jurist, collector of mirabilia, and marshal of the imperial aula at Arles, found himself in a three-sided dilemma. One side was Innocent III, a pope whom Gervase perhaps knew, but in any case greatly admired and respected. Another was Gervase’s loyalty to his patron, the recently excommunicated and therefore deposed Emperor Otto IV (r. 1209–11), to whom Gervase may have been distantly related through the Plantagenets and who had appointed Gervase marshal of the kingdom of Arles in 1209. The third was Gervase’s more professional interest as...

    • 15 Charter Evidence for Pope Urban II’s Preaching of the First Crusade
      (pp. 228-232)

      Most of the scholars who have studied Urban II’s call to the crusade at the council of Clermont in November 1095 and his subsequent preaching of the crusade have relied on the narrative accounts, which were written by the anonymous author of the Gesta francorum et aliorum Hierosolymitanorum, Peter Tudebode, Raymond of Aguilers, Fulcher of Chartres, Robert (the Monk) of Rheims, Guibert of Nogent, Baldric of Bourgeuil, William of Malmesbury, and Orderic Vitalis.¹ The relations among the works of these writers are debated, but there is general agreement that they were written at the beginning of the twelfth century, after...

    • 16 Roman Law at the Papal Curia in the Early Twelfth Century
      (pp. 233-252)

      More than thirty years ago, Robert Somerville wrote an essay that dealt with one of the many puzzles facing scholars when they confront Gratian’s Decretum.¹ He pointed out that although Gratian included many canons from the Second Lateran Council in the last version of his Decretum, he did not include canon nine, Prava autem consuetudo. He wondered why. The canon’s content was strange. Pope Innocent II had promulgated a prohibition forbidding monks and canons regular to study Roman law. The canon also barred them from representing litigants in lawsuits as patroni.² It declared that those monks who used their glorious...

    • 17 Thoughts on Diocesan Statutes: England and France, 1200–1500
      (pp. 253-271)

      As is well known, local councils and synods proliferated in the thirteenth century. They generated, among other things, a large body of conciliar canons and synodal statutes, some of which have been given modern editions.¹ The recent general history of medieval canon law in the classical period, however, does not deal with them.² I have neither the space nor the competence to offer a general account here. What I would like to do, however, is to take one particular form of synodal statute, sometimes called the liber synodalis, make some suggestions as to what became of that form in the...

    • 18 The Medieval Battle of the Faculties: Theologians v. Canonists
      (pp. 272-283)

      Universities recognizably similar to their modern descendants (complete with scheduled lectures that began and ended at the sound of bells and statutes that governed the mode of their presentation, as well as deans, committees, examinations, and academic degrees) first began to appear in western Europe during the decades immediately following 1200. The earliest were those at Bologna and Paris. Others soon emerged at Oxford and Cambridge, and subsequently at Montpellier, Orléans, Toulouse, Salamanca, Padua, and Naples, as well as in a host of other cities.¹

      Shortly after their initial establishment, teachers at most universities began to separate into specialized subgroups,...

    • 19 Canon Law and the Spirituality of Cloistered English Nuns
      (pp. 284-296)

      In 1459, worn down by a long property dispute which had depleted the community’s resources, Abbess Joan Keteryche of Denny wrote a letter to her relative and patron, John Paston. It was an importunate letter that ended with this reminder: ‘Consydre how we be closyd withynne the ston wallys, and may no odyr wyse speke with you but only be wrytynge’.¹ Hoping to persuade Paston to assist her, the abbess had needed to strike just the right rhetorical note and did so by mentioning the fact of her strict enclosure. It hardly signified that, by virtue of a papal mandate...

  9. Bibliography of Robert Somerville’s Publications
    (pp. 297-302)
  10. Contributors
    (pp. 303-308)
  11. Index of Manuscripts
    (pp. 309-310)
  12. Index of Papal Letters
    (pp. 311-312)
  13. General Index
    (pp. 313-320)
  14. Back Matter
    (pp. 321-321)