Category Archives: manuscripts

Fragments of history – or, why judges shouldn’t get married

One of the joys of being a historian of the early Middle Ages is working with fragmentary evidence: artefacts shorn of clear and definite context, and isolated, often incomplete texts that are at first sight inscrutable – and that often remain so even after further inspection. This blog’s about one of these fragments that I stumbled across in the course of my research into clerical exemption.

At the end of a ninth-century canon law manuscript now in Florence, a slightly later hand entered a passage that appears to be an imperial decree prohibiting secular judges from getting married. Here’s a draft English translation from the (rather tricky) Latin.[1]

About the life and continence of judges.
Moreover, it is permitted to none of the judges giving the law in our sacred palace or elsewhere in our kingdoms to contract marriages. This is so that they should not be led by love of their children to leave the path of truth and law, and to unjustly seize other people’s property for the ambition of their children, using their judgements for their advantage. But let them despise the delights of this wicked world, and hold to the norm of truth in all things, in customs, apparel and the signs of all goodness, and as we determined above in another capitulary, let them imitate the religious priests, and adhere in all things to their laws.

What should the historian think, faced with such a text? The first reaction is surely that this must be a forgery. No Roman, Carolingian or Ottonian emperor ever issued any command like this, at least not to my knowledge. Rulers often did worry about judges’ private interests interfering with their decisions, but there was never a prohibition on secular judges getting married. That would have gone against the grain of how medieval society worked. The text is entirely unprecedented.

But that observation doesn’t exhaust the text’s interest. The parallel it draws between judges and priests, urging the former to imitate the latter, is fascinating. Arguments about priestly marriage flared up in Western Europe in the eleventh century, but they did so on the basis of earlier anxieties and concerns. This little text, which is probably tenth- or early eleventh-century, illustrates that point very neatly. It looks like before Pope Leo IX and his circle came together, someone was already hard at work constructing a legal precedent to support a stronger line on married priests, by fair means or foul.

Of course, the aim of establishing a continent (and eventually celibate) priesthood was to create a sharper distinction between the laity and the priesthood. So it’s ironic that this author sought to justify the position with reference to secular law, and secular judges. Perhaps that’s why the text doesn’t seem to have circulated?

Update (11.01.17). In light of the very useful comments on this blog, I’ve realised Kaiser’s text might repay more detailed attention. So I’ve ordered a copy of the relevant folios to examine the palaeography more closely (and now have an excuse to visit the library in Florence, too). I’ll keep you posted!


[1] Edited by Wolfgang Kaiser, Authentizität und Geltung Spätantiker Kaisergesetze (Munich, 2007), p. 204, n. 12, from Florence, Biblioteca Laurenziana Edili 82. Kaiser provides no commentary other than to observe that this Heiratsverbot seems neither to be in any other manuscript nor to have been edited before. I have not yet been able to see the manuscript.

Latin (from Kaiser):
De vita et continentia iudicum. Nulli praeterea ex iudicibus nostris sacro palatio iura dantibus vel in omnibus regnorum nostrorum finibus liceat contrahere matrimonium (interlinear: id est mulierem) ne forte filiorum inducti diligentia a veritati et legis declinantes semita aliena iniuste subrepta ambitione filiorum ad opus eorundem per sua trahant discrimina sed huius noxii contempnentes (interlinear: id est respuentes) saeculi delicias normam veritatis ubique teneant moribus vestibus atque totius bonitatis insignibus sicut superios in alio capitulo statuimus religiosorum sacerdotum imitentur eorumque per omnia inhereant legibus.

How (not) to edit a medieval chronicle

The medieval chronicler Hugh of Flavigny has recently been in the UK news, after Marc Morris suggested that some biographers of William the Conqueror have been misreading his chronicle. A passage which has been taken as describing King William as ‘jovial’ in fact refers to someone else entirely.

How important this is for our knowledge of William the Conqueror I shall leave to others to decide – you can read Marc Morris’s new popular biography of the king for yourselves. But the issue brings back into focus a rather neglected chronicler – and also raises interesting questions about how we re-present texts that were written centuries ago.

It’s true that Hugh of Flavigny isn’t much read outside a fairly narrow circle today. But he ought to be! He observed at close quarters the struggles between pope and emperor in the late eleventh century, for which he’s a very important source. And while he didn’t describe King William as ‘jovial’, Hugh did visit England in the 1090s as part of a diplomatic mission

In fact he recounts some lurid stories about the country. For instance, he recalls how the archbishop of York Gerard was caught in secret conversation with the devil, planning to feed his guests with bewitched pork as part of a satanical ritual; and how Gerard’s brother, a cleric at the king’s chapel named Peter, confessed to becoming pregnant after intercourse with a man, and died from the resulting growth (no, I’m not making it up! Here’s the Latin).

With this sort of content, you might think the time is ripe for a translation of Hugh (to my knowledge, there isn’t one, in any language). And you’d be right. But first of all, what we actually need is a new edition of the original Latin. We currently rely on the edition of Georg Pertz, produced in 1848. For its time, this was an excellent piece of work. But as has recently been pointed out by Mathias Lawo, it doesn’t really do justice to Hugh’s chronicle, which survives in just one copy – in fact what seems to be Hugh’s own personal manuscript (Berlin, Staatsbibliothek, Phillipps 1870).

Here’s a picture of a page from Pertz’s 19th-century edition:

HF p. 354

Now, compare that with a picture of the original 11th-century manuscript, courtesy of the Berlin State Library,  on which that same page was based:


As is clear just by looking at the original with all its marginal insertions, Hugh added to his chronicle as he wrote it – as he found new sources, or as his personal priorities changed over his eventful career. It seems that his purpose in writing changed as time went on: his chronicle went from being mostly about his own monastery in Verdun, to being about wider questions of church reform – and then to being about his new monastery, Flavigny. But this is obscured by the 1848 edition, which squeezes Hugh’s messy text into the neat format of a printed book.

In some cases, it’s not even clear where in his text Hugh meant to insert his additions. But the edition had to put the text somewhere in the linear flow, so Georg Pertz had to make decisions. Those decisions weren’t necessarily bad ones, but they’re invisible to the reader encountering the text in this way. As a result, Pertz’s edition in a way creates a text that never existed. It’s hardly going too far to say that when we read Pertz’s edition, what we’re reading is a 19th-century interpretation of Hugh’s chronicle.

A stop-gap revised edition has been made available by the MGH (thanks to Ed Roberts for pointing this out to me), which ‘highlights’ all of Hugh’s later additions. But what’s really required is a new edition as a type-face facsimile of the original – not technically possible in Pertz’s day, but perfectly practical nowadays.  Then we could read not only the words that Hugh wrote: but read them in the right order, too. Any volunteers?

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How to become bishop: ecclesiastical liberty in the ninth century

What’s the best way to become a bishop? Writing around 835, a cleric gave an example of how it should be done. Long ago, there was a rich man from a Lyon senatorial family called Eucherius. He gave away all his money to the poor, and went to live in a remote cave. There he hid alone for many years, fasting and praying, until the bishop of Lyon died. Then divine grace revealed Eucherius to the Lyon clergy as the best replacement, so they retrieved him from his cave and ordained him as their new bishop.

The cleric who tells us this story, Florus of Lyon, isn’t very well-known today outside the circle of specialists. That’s a pity, because he’s a fascinating figure. Steeped in patristic learning, he cultivated a range of interests, including UFOs (yes, really – see ‘Florus de Lyon et les extra-terrestres’ on Pierre Chambert-Protat’s highly recommended blog). Florus could be acerbic, and he could also be radical: and his account of how Eucherius became bishop of Lyon is a case in point.

That’s because Florus didn’t tell the story to suggest that all prospective future bishops should give away their money and live hidden in remote caves waiting for their moment (a rather risky career strategy). Rather, what he wanted to emphasise was that no king had been involved in Eucherius’s appointment. And that kings had no role to play in episcopal appointments was the point of the short treatise in which Florus included this story, On the appointment of bishops, and which you can read here in a draft English translation  (to my knowledge, the first time it’s been translated).

In this treatise, Florus used the example of Eucherius (who really did become bishop of Lyon, in the fifth century) to suggest that worldly rulers never really had played a role in appointing bishops. Certainly the Christian Roman emperors hadn’t, because they were too busy ruling the entire world to bother with every single appointment. Florus described this situation as one of church freedom, ecclesiastica libertas. Afterwards, princes in ‘some kingdoms’ began to be consulted on appointments, but nothing more. Florus observed that even in his own day, not only was the pope of Rome appointed without royal interference, the pope himself ordained bishops without royal involvement.

Florus suggested that this tradition was only right and proper, because worldly rulers did not have the capacity to appoint new bishops: ordination was a gift of the Holy Spirit, not of humans. In some ways, Florus was stating the obvious here, since medieval kings never claimed that they could themselves ordain bishops. But in other ways, this was a very radical argument, since in practice kings in Florus’s day exercised a lot of influence in the appointment procedure, up to the point of choosing the successful candidate.

Indeed, lots about Florus’s Book on the election of bishops has strong resonances with later currents of what we now call Gregorian church reform. For instance, the concern with drawing a sharper distinction between the church and the world; the focus on ecclesiastical appointments; the emphasis on the church’s freedom; the emphasis on the papacy; a distinctly polemical tone; and the use of Late Antique sources in new ways, for Florus’s short text cites Cyprian at length. In this respect as in other ways (hostility to Jews and heretics), Carolingian Lyons seems to have been something of a laboratory for later ideas.[1]

However, Florus’s argument wasn’t effective in the 830s. He seems to have written the treatise to stop the Frankish emperor Louis the Pious from imposing a new bishop named Amalarius on the church of Lyon. But directly challenging the emperor proved not to be the most tactful approach, so Florus gamely switched tactics, and mounted a no-holds-barred campaign to show instead that Amalarius was a heretic – a campaign which eventually worked much better.

Yet Florus’s text about appointing bishops is preserved in four manuscripts from around 900 (thanks to Gallica you can see one of them here), showing that near-contemporaries could see and appreciate the general significance of this work, even after the immediate controversy it was written for had died down. The so-called Gregorian Reform of the eleventh century, it’s becoming ever clearer, had very deep roots.

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Image: Wikipedia (the Prague Gospels, s. IX: Cim 2, knihovně Pražské metropolitní kapituly)

[1] See the very stimulating article by Warren Pézé, ‘Amalaire et la communauté juive de Lyon. À propos de l’antijudaïsme lyonnais à l’époque carolingienne’, Francia 40 (2013), pp. 1-25, open access here

Under the Angel’s Gaze: The Divorce of King Lothar and Queen Theutberga

Today sees the publication of a book that we’ve been working on for almost a decade, The Divorce of King Lothar and Queen Theutberga. It’s an annotated translation of a long ninth-century Latin treatise written by Hincmar, the archbishop of Rheims in France. That might seem a rather obscure topic, but when we explain that the treatise is about a royal divorce scandal, and that it discusses  witchcraft, kingship, incest and trial by ordeal, we hope you’ll see the interest. This blog is to explain our book’s cover picture – and why the author we’ve translated would have loved it, and the king he wrote about would have hated it.

The picture comes from the Stuttgart Psalter, a marvellously-illuminated ninth-century book that is now (as its name suggests) in Stuttgart, but that was originally made in Paris, at the monastery of St-Germain-des-Pres (you can see the whole manuscript here). The picture accompanies Psalm 45 (Psalm 44 in the Vulgate), and shows a king and queen embracing. The king and queen are both mentioned in the psalm, but the quizzical angel standing on the right (our favourite bit) is the illustrator’s artistic licence.

Because our text is about a royal divorce – King Lothar II’s scandalous attempt to rid himself of Queen Theutberga – this image of a royal couple obviously resonates. But we also chose this picture because the manuscript it comes from has some connections to our translation. The abbot of the monastery when it was made was a man called Hilduin: as it happens, Hilduin was the teacher and mentor of Archbishop Hincmar, the author of the treatise. Perhaps Hilduin might even have proudly showed the freshly painted manuscript to the young Hincmar.

In any case, we like to think that a thin smile might have played across the lips of the austere archbishop of Rheims if he could see our book cover, mainly because of the watching angel. As Hincmar explains in his treatise, King Lothar’s divorce case affected everyone, both because marriage was fundamental to society and because kings were supposed to set a moral example to their subjects. That meant that they were constantly being watched, both by their subjects and by God, who would condemn them more harshly for their lapses than mere ordinary sinners. And as the illustration shows, you can’t hide from God or his angels – who might not be very impressed by what they saw.

As for King Lothar II, the subject of the treatise, it’s just possible that he might have seen this image too. In the course of the Frankish civil wars of the 840s, it seems Abbot Hilduin left Paris to join Emperor Lothar I, whose kingdom was around Aachen. Perhaps he took the Stuttgart Psalter with him, which would explain how it ended up in Germany. We can’t of course prove that Emperor Lothar’s son, King Lothar II, saw the manuscript at some point during his reign (855-869), but it can’t be ruled out.

But we suspect that unlike Archbishop Hincmar, the king would not have been remotely amused by our use of this particular image for a text about his divorce. The psalm that the picture illustrates in the manuscript is a song of triumph to accompany a magnificent royal wedding. It promises the king a happy and glorious reign, and that his sons will succeed him as rulers. Unfortunately, this is more or less the opposite of what actually happened to King Lothar II, with enormous consequences for himself, his family (including his wives Theutberga and Waldrada), his kingdom, and indeed for Europe as whole – consequences that our new book explores.

Rachel Stone is a Visiting Research Fellow at KCL, and Charles West is a Reader in Medieval History at the University of Sheffield. The Divorce of King Lothar and Queen Theutberga, published by Manchester University Press, is available online for just £10 as part of the MUP sale,  and at all good bookshops for £19.99.

Pope Leo of Bourges

One of the firmest proponents of judicial “benefit of clergy” in the ninth century was the great archbishop Hincmar (when it suited him, anyway). And one of his favourite texts for proving the point was a decree issued by Pope Leo I (d. 461) at a Roman synod. As Letha Böhringer has shown here, Hincmar quoted this decree three times and at length: “So holy Leo, when a Roman synod was held, wrote…”, “And holy Leo, pontifex of the Roman Church, decreed in a synod held at Rome…”; “And holy Leo and the Roman synod decreed…”.

Looking at the text, it’s no wonder Hincmar liked Pope Leo’s letter so much. A full English translation is provided below (based on Paris BnF lat. 12445), but in summary, Pope Leo complained about clerics going to the “examen saecularium” in spite of ancient (secular) laws prohibiting this.  In future, such clerics were to be excommunicated. If however a cleric accused a layman, it was possible for him to go to a secular court, with his bishop’s permission, if the layman refused to come before the bishop. Hincmar felt obliged to add that an advocate would be necessary in that case; but otherwise the text suited his purpose very nicely, when he was trying to persuade kings not to put bishops on trial.

So far, so good. The only problem is that in reality Pope Leo wrote nothing of the kind (even though a – poor quality – edition of the letter was included in the Patrologia Latina’s set of Leo’s writings) . The actual author of the text was a somewhat mysterious Bishop Leo of Bourges, working together with the bishops of Tours and Le Mans at some point in the mid-fifth century. The earliest manuscript of the text (the late 8th-century “Pithou collection” of Paris BnF lat. 1564) is quite unambiguous: in this version there’s no connection to Rome, and the text is copied down in a series of material linked to the Loire valley. Only in Hincmar’s own collection of legal texts, Paris BnF 12445 and Berlin SB 1741, has the Bourges letter become Roman – not least as marked by the insertion of the words “et synodus romana” into the letter in both manuscripts, a phrase conspicuously absent from the earlier version.

That a minor provincial synod issued a text like this is remarkable in itself; it’s important (and rather overlooked) evidence for the practical impact of clerical immunity in fifth-century Gaul. But how did this letter become transformed into a decree issued by Pope Leo the Great – at what point between c. 450 and c. 860  was the text “papalized”? And was this the result of genuine confusion between Leos, or a more deliberate attempt to put a crystal-clear statement about clerical immunity into a prestigious papal mouth? Given that the three manuscripts of the text I have mentioned are the only ones I know of, it’s not easy to say. One might conclude that innocent Hincmar knew the text only in the papalized version present in his own manuscripts.

And yet…. As it happens, Jinty Nelson has identified another occasion on which Hincmar drew on the text – one not mentioned by Letha Böhringer. This comes in a letter the archbishop wrote in the name of King Charles the Bald to Pope Hadrian II in the 870s. And this time there’s a surprising change in how he refers to it. Here’s the relevant passage: “And as Leo and the synod of Bourges (Byturicensis synodus) wrote, kings and emperors, whom divine power ordered to be in charge of the earth,  have permitted to bishops the right of dealing with their own affairs according to divine constitutions…”.

Misattributing a papal decree in a letter to Pope Hadrian would have been risky, because previous popes, like Nicholas, had learned to check up on Hincmar’s citations. In any case, although a papal association for the text had been useful for Hincmar previously, it was much less so here, because the thrust of this letter was all about kings not needing to depend on papal authority. Happily, on this occasion Hincmar somehow knew the Leo text was connected to Bourges, not Rome, after all. How convenient for the wily prelate!

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TRANSLATION. Note: some changes from the earlier version of the letter are marked in bold.

Leo, Victor and Eustochius  and the Roman synod sent what follows with their signatures to the bishops Sarmatio, Chariato, Desiderius, and to the priests of all the churches established within the Third Province.

The worldly authorities wished to hold the sacerdotal order in such reverence – even those whom divine power had ordered to be in charge of the earth under the imperial name – that they permitted the right of deciding cases (ius distringendorum) to be conferred to the holy bishops, according to the divine [imperial?] commands (divalia constituta). What was confirmed in the edicts of the ancient law and many times in the general laws, we find in the present time to be trampled upon by many people. For passing over the sacerdotal judgement, they pass to the examination of secular people (examen saecularium).

Therefore it seemed to us that a full punishment should avenge this insult to the holy laws and to our order in the present time, and should establish a formula to be kept in future. We accordingly decided that whoever passes over the bishop of his church and goes to the judgement (disceptatio) of the seculars will be expelled from the holy thresholds and kept away from the heavenly altar. Nor after this decision, which stands by common sentence, should anyone attempt to acquire for himself beyond what is prescribed. So may it happen that those who previously erred should correct themselves with a fitting emendation, and whoever was proven to serve in a clerical office under heavenly observation should know that he is cast out from the clergy if he passes over the judgement of bishops and goes to the authority of secular people.

We wish all individuals and everyone to recognise that what is constituted in the full order of justice and law shall take the effect of total confirmation in all the business of clerics. But if a cleric accuses a layman, let the cleric first demand to be heard by the bishop; then if he sees the layman is opposed to his demand, let him contend in the judgement of the secular moderator, with the permission of his bishop.

Bishop Leo signed
Victorius bishop signed
Eustochius bishop signed.
And all the other bishops who were there signed.

Seeking Worldly Things: the Ninth-Century Constantine the Great

Early medieval western European societies were characterised by an intrinsic tension, sometimes latent but never resolved, between the domains of the secular and the religious, set within a Christian framework – at any rate, that’s the hypothesis of this research project. The legacy of the late Roman Empire was of course essential in establishing this tension, and this blog examines one particularly interesting example of how it did so. [1]

One of the earliest occasions for arguments over the relation between clerics and external authorities was the Donatist controversy. Its origins lay in the imperial persecution of Christians in north Africa in the early fourth century. Hardly had this persecution ended than one group of Christians (known later as Donatists) accused another (who called themselves catholics) of having surrended to it, betraying the Christian faith instead of choosing glorious martyrdom. The arguments became increasingly bitter, with each group electing rival bishops. This escalation meant that after Constantine the Great’s embrace of Christianity, it was difficult for imperial authorities not to get involved.

And involved they duly became. A key source for the early stages of this dispute is a letter from Emperor Constantine himself to the catholic bishops. Stating of the Donatists that “so great a madness persists in them when with incredible arrogance they persuade themselves of things that it is not right either to say or to hear”, the letter makes it pretty clear whose side the emperor was on.[2]

But what made Constantine especially angry was the Donatists’ audacity in having appealed to him as emperor: “… I have discovered that they demand my own judgment! So strong and persevering is the wickedness of these men!” For Constantine, that meant that the Donatists “are seeking worldly things (saecularia), abandoning the heavenly (caelestia)” (a line that is unfortunately omitted in the standard English translation). The clear implication is that the Christian emperor’s judgement is worldly, that of the bishops’ heavenly.

Yet is Constantine’s letter all that it seems? Recently, the German historian Klaus Rosen has suggested not.[3] He points to various textual anomalies – possible dependence on other texts, problems with the wording, and so on – to argue that in reality it’s a forgery. An important plank of his argument is that the letter is preserved only in a single, ninth-century manuscript from Tours (Paris BnF. lat. 1711 – unfortunately not yet digitised), created some half a millennium after the supposed origin of the text it encloses. That’s not actually so unusual – lots of important Roman texts are preserved only in much later copies. But it means that strictly speaking, all we can say for certain is that the letter must have been written after c.314 (the events it describes) and before c. 850 (the date of the manuscript).

Rosen’s argument is chiefly about the conversion of Constantine to Christianity, which he thinks took place later than the current orthodoxy has it: the letter appears to contradict this by suggesting a thoroughly Christian Constantine already in 314, so it’s important for Rosen to show why it can’t be trusted. But he also ventures to connect it to disputes concerning a rather later emperor: Louis the Pious. Rosen draws particular attention to a rubric, probably written in the ninth century, which summarises the letter as follows:

“Where he [Constantine] says that the Donatist party are litigating like outsiders, denouncing, appealing, and wanting the emperor to hear them after the judgement of bishops.”[4]

Rosen never quite says that the entire letter itself was forged in the ninth century, and actually that seems to me somewhat unlikely. But he’s surely right to draw attention to the manuscript transmission, and to the rubric showing that the letter was being read, not just transcribed. In other words, an important context for the letter – and if we are to be hyper-rigorous, the only absolutely secure one – is ninth-century Tours, when it was copied out and interpreted; and that, at a time when (some) bishops were moving towards an attempt to depose one of Constantine’s imperial successors, on the grounds of the superiority of episcopal judgement, just as (Pseudo-)Constantine had set out.

The point is often and rightly made that much of the intellectual heritage of the late Roman empire was preserved thanks to Carolingian scriptoria. But what Rosen and the letter of Constantine encourage us think about is what these scribes themselves thought they were doing. Were they selflessly saving texts for 21st-century historians of late Rome, or were they more concerned with relating this material to their own ninth-century present? The answer is of course probably the latter: and that, I suggest, should give us pause for thought.

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[1] Many thanks to Conrad Leyser for bringing the text on which this blog concentrates to my attention.

[2] Translation in Optatus: Against the Donatists, ed. and tr. M. Edwards (Liverpool, 1997).

[3] Klaus Rosen, Constantin der Grosse, die Christen und der Donatistenstreit 312-314. Eine Untersuchung zu Optatus von Mileve, Appendix V, und zum Verhältnis von Staat und Kirche im 4. Jahrhundert (Paderborn, 2011).

[4] “ubi dixit quia pars Donati quomodo forenses sic litigant ut denuntient et appellent et imperatorem desiderent audire post episcoporum iudicata”.

The testimony of no cleric… no, scratch that: of no *layman*.

Just yesterday I came across this manuscript, and thought it so exciting to deserve a quick blog post (this one’s a bit more ‘technical’ than the last couple of posts – you’ve been warned!). The manuscript’s now in the Bibliotheque Nationale in Paris (Ms lat. 4281), and you can see the whole thing for free courtesy of the marvellous Gallica. As far as I can tell, it’s a composite manuscript, mostly of canon law from c. 900.

What interests me however is a folio that was written a bit later, and added into the manuscript – folio 65, from around the year 1000. The folio’s text is mostly a liturgical instruction for how to hold a church council (Schneider’s Ordo 2a, for those of you keen on that sort of thing). But the folio begins with an extract from the so-called Constitution of Sylvester. Now, this is a text in the name of the legendary pope who baptised Constantine in the fourth century, but in reality it was probably faked in the sixth, as part of a campaign by the embattled Pope Symmachus, and it has a section setting out rules for how clerics can be accused. The text was copied into Pseudo-Isidore’s notorious canon law collection in the ninth century – itself a forgery, in that it claimed to be something it wasn’t – through which knowledge of the Constitution of Sylvester subsequently spread (you can read it here).

Whoever wrote this folio copied out just that section about accusing clerics. That’s very interesting in its own right. But what’s more, someone later reader has subsequently made a subtle – but for me very important – alteration. A key sentence (probably) originally read “Testimonium clerici adversus laicum nemo recipiat”, ie “That no one should accept the testimony of a cleric against a layman”. The intention in the sixth century was to firm up the legal boundaries between secular and clerical. But for the corrector, working after 1000, that wasn’t good enough. As is clear just from looking at the manuscript, s/he has erased and rewritten words in order to swap around the clerics and the laymen. So now the text reads “Testimonium laicorum adversus clericum non recipiatur”, ie That no one should accept the testimony of laymen against clerics”: a beautifully clear, and much more powerful, statement of clerical privilege.

Who might have done this, when, and why? I don’t yet know, but hope to find out more soon (the manuscript was probably in Limoges at the time, which is a starting point). For the moment, though, it’s just a fascinating illustration of how sixth-century texts were still important enough to be not just copied but amended five hundred years later: and of how a Late Antique forgery was given life in the ninth century through another forgery, only to be altered in the eleventh century: a forged reforged forgery, in other words. More soon, I hope.

“Secular power” in early medieval Bavaria

Early medieval sermons are a lamentably underappreciated form of evidence. That’s because they’re often anonymous (or pseudonymous) and difficult to date, and are often based on earlier texts anyway, though in maddening variation. Plus there’s a pervasive (and pernicious) feeling amongst (some) medievalists that proper preaching didn’t start until the later Middle Ages, which creates a self-reinforcing impression: no one works on early medieval sermons, so we don’t know that much about them, so no one works on them…

Thankfully that’s now beginning to change – and about time too, because these sermons are often fascinating despite, or because of, being derivative, relatively unpolished works.  This blog’s about one such sermon, preserved in not one but three ninth-century manuscripts from Bavaria. It’s been studied and edited in an excellent KCL thesis by James McCune.[1] Unfortunately the thesis, from 2006, hasn’t been published as a book (yet? it certainly ought to be), but it’s now available online here (pdf), and I’d recommend a read.

The sermon in question is typical of the genre in that it’s squarely based on an older text, Isidore of Seville’s Sentences – a collection of moral and edificatory wisdom from the early seventh century. To write the sermon, the (Bavarian?) compiler picked one of these ‘sentences’, titled ‘On the justice of princes’, and which begins ‘Who rightly uses royal power…’. Isidore declared that kings ought to be humble and steady, and above all ought to rule for the benefit of the people, whose mortal condition they after all share.

The compiler thought this would make the basis of a great sermon, and so copied it out more or less verbatim: except for one change, which is what brought it to my attention. For whenever Isidore wrote ‘royal power’ (regni potestas), the compiler instead wrote ‘secular power’ (secularis potestas). This doesn’t seem to be the result of a variant text in Isidore’s works – it was a conscious choice on the part of the compiler.

Why? One answer is that the sermon was written in ducal Bavaria, so talking about royal power was inappropriate – there wasn’t a king. Yet McCune thought the sermon was written quite a while after Charlemagne’s takeover of Bavaria. In any case, the sermon compiler could easily have talked about ‘ducal power’, if the problem was with ‘royal’. So I think we should treat his decision not as a kind of circumlocution, but as a deliberate authorial choice; he wanted to talk about ‘secular’ power, so that’s what he wrote.

His decision is a particularly interesting one, because it’s usually assumed that ‘secular’ is a word with negative connotations in the early medieval world – that ‘secular’ things were bad things, to be avoided by the pious, and at most to be tolerated.  That may well be so in general. Nevertheless, for this particular writer, ‘secular’ power was potentially a good thing, if exercised well. And that was a message that he thought was worth sharing with a wider audience, too. In fact, it might be that imagined audience which shaped his choice, in a text designed not to encourage monks to turn away from the world but to exhort laymen in authority to use their power wisely.

Whatever the reasons, the sermon shows that for one person in the ninth century, at least three scribes, and who knows how many listeners too, not only could ‘secular’ power be distinguished from ecclesiastical or church power, but it could be a positive thing, in its own right. Here’s a translation of the text so you can make up your own mind…

Translation (based on edition in McCune, Study, vol. II, p. 59.)

Who rightly uses secular power ought to excel over all others, so that the more he shines in the eminence of honour, the more he humbles himself in his mind. Let him place before himself the example of the humility of David, who did not swell with pride on his royal throne, but humbly cast himself down, saying ‘I shall enter in humbly before God, Who chose me’.

Who rightly uses secular power must demonstrate the form of justice more in deeds than in words. He is such a person who is not raised up by prosperity nor disturbed by adversity, who does not trust in his own strength, nor does his heart depart from the Lord. Iniquity delights him not, nor does cupidity inflame him, nor does he unjustly make wealth by defrauding any of the poor, and what he is able to obtain by just authority from the people, he often gives away with clement mercy.

God gave rulership to princes for ruling the people, and he wished them to be of use to the people, with whom they share the condition of being born and dying. Rulership ought to be of use to the people, not to harm them nor to oppress them by domination, but to give advice by condescension, so that this emblem of power may be useful, and they [the rulers] may use the gift of God for the defence of the limbs of Christ. For the faithful people are the limbs of Christ, and when they rule them well with that power which they take from God, they restore to God the giver a good thing in turn. The good prince turns back from crime to justice, when he is moved from justice to crime. He ought never to depart from truth in his intention: so that if by chance he should waver, he may call upon the grace of God so that he may rise up, and when he has risen up he will live more cautiously.
Through Him who lives and reigns forever, Amen.

[1] J. C. McCune, An Edition and Study of Select Sermons from the Carolingian Sermonary of Salzburg, 2006.


Kulturkampf and the Edict of Paris; or Francia’s Clause 4 Moment

One of the things that modern medieval historians have begun in recent years to appreciate is just how much their work is still shaped by the pioneers of the discipline, especially those of the nineteenth century. This is partly a question of source editions – most of us rely at some point, if not indeed routinely, on 19th-century foundations in this respect – but it goes further than that, spilling into questions of interpretation and approach. And nowhere is that truer than for the topic I’m currently researching, jurisdiction over clerics in the earlier Middle Ages.

This topic was dear to many late nineteenth-century historians, above all in Germany though across the rest of Europe too, because it seemed relevant to the fierce debates about the place of the Church in the liberal state which were taking place at the time (the so-called Kulturkampf). Several historians who worked on this were also active in contemporary politics. But ‘relevance’ in history, when it takes the shape of reading the past in the light of the present, can exact a heavy price.

The famous Edict of Paris in 614 is an interesting example of this. The fourth clause (the clauses are all editorial, but helpful) of this royal decree issued by King Chlothar II apparently followed recent Church councils in acknowledging that ordained clerics were exempt from secular jurisdiction – but crucially, unlike those councils, it made an exception for criminal matters.

To nineteenth-century historians, the edict marked a milestone in kings’ efforts to stem the rising tide of Church claims to a kind of political sovereignty, because it maintained the subjection of clerics to royal courts. For the legal historian Rudolf Sohm (who was a key inspiration for Max Weber), that showed that the Merovingian rulers knew how to keep the Church in its place.[1] This was important for Sohm, because he thought it demonstrated that political reforms concerning the place of the Church in 19th-century Germany were really not an innovation, but a return to a better time: a time when, thanks to the efforts of Merovingian kings, the Church and the State co-existed in different spheres without overlapping, as was proper. For Sohm the real Middle Ages came later, when the Church overstepped the mark and betrayed its own nature by becoming a rival to the State.

So keen was Sohm to make this point that he ignored a little problem. Unfortunately, clause 4 of the Edict of Paris does not straightforwardly state that judges cannot condemn clerics. The text is preserved in just one surviving manuscript (Berlin SB Phillips 1743) from the late 8th century. And rather awkwardly, according to this manuscript, it seems that it is clerics who cannot condemn judges, and not other other way round:

Vt nullum iudicum de qualibet ordine clerecus de civilibus causis, praeter criminale negucia, per se distringere aut damnare praesumat, nisi conuicitur manefestus, excepto presbytero aut diacono.

Now, I must admit that the text as it stands does not make a lot of sense (which is why I won’t attempt to translate it here – the important point is that clerecus is the subject, and nullum iudicum the object). So perhaps we shouldn’t criticise the earliest editors (starting with Sirmond in the 17th century), who silently corrected the Latin to make judges, not clerics, the subjects of the sentence.

But we might be more critical of Rudolf Sohm, who without any hesitation provided a German translation of, and a lengthy commentary on, what was essentially an imaginary text: the one that historians wanted to see, not the one that was actually there. In a way, Sohm was acting like the contemporary of his who applied chemical reagents to the manuscript to try to make things clearer, but in doing so, obscured what it actually said.

At the very least, the extant wording of the Edict raises questions about how (or if) the scribe understood the clause, and whether his ‘alteration’ was perhaps deliberate (and what else might have been changed). But there are also broader issues here, about how far we are still privileging the interpretative and methodological stance of Sohm and others over and above the evidence – for although the most recent edition of the Edict gives the right Latin text for clause 4, the most recent translations of and commentaries on it all share Sohm’s preference for what the scribe ought to have written, not what he did (which is not discussed).

Really, we should count ourselves lucky that the surviving manuscript evidence lets us see the Edict of Paris through late 8th-century spectacles. But to do justice to our sources, rather than riding rough-shod over them, we might need first to take off at least some of the 19th-century spectacles we have inherited.

[1] Rudolf Sohm, ‘Die Geistliche Gerichtsbarkeit im fränkischen Reich’, Zeitschrift für Kirchenrecht 9 (1870), 193-271

Frankly speaking, can you kill your wife? Or, why typos cost lives.

In 860, an archbishop of Rheims called Hincmar was asked whether a king, Lothar II, could divorce his wife, Theutberga, and marry someone else. Hincmar wrote an extremely long treatise in reply, which Rachel Stone and I have been steadily translating for the last few years for Manchester University Press, that dealt with all the aspects of the case.  Amongst these was a hint from the king that if the answer was no, then he might choose what we would call the ‘Henry VIII solution’ – have Theutberga executed, then remarry.

Hincmar tackled this hint by quoting St Augustine of Hippo.  The law of the Roman Empire and of the Old Testament both permitted a husband to execute his adulterous wife, while Christian morals taught that a husband could not marry again while his wife was still alive.  It would obviously be best for him neither to kill his wife nor to marry again while she was alive: but if necessary, he should do what was permitted, which was execution. If he didn’t, then he could not remarry.

That all seems perfectly clear. The only problem is that this isn’t quite what Augustine said. Augustine thought in paragraphs, not sentences, and Hincmar slyly ended his quotation before Augustine had concluded that in fact, it would be better to marry again than to spill blood, no matter what the law said (see below for the full Augustine text).

What’s more, in the bit that Hincmar does quote, there’s a slight but significant change in the text: the Latin ‘si licet’ (= if it is permitted) has become ‘scilicet’ (=that is to say, certainly). Augustine had reservations about the secular law’s permission to execute, a tone of doubt – “If it is permitted”. Hincmar’s version of Augustine had neither doubt nor reservation. (See the picture above for the text).

This tiny textual variant isn’t common in the transmission of Augustine’s work. It might be scribal error, but it does seem a rather convenient one. Wherever this extra letter ‘c’ came from, the Frankish prelate was evidently a little more relaxed about uxoricide than the African bishop had been. Hincmar had a different attitude to how Christian law and ‘secular’ law could fit together, which wasn’t too great for Theutberga.

In the end, though, the queen escaped execution. What happened next? Well, you’ll have to wait till the book’s out… 

Hincmar, De Divortio, Extract
‘As Saint Augustine says (…), “Finally I ask of you, whether it is licit for a Christian husband, according either to the old law of God or by Roman laws, to kill an adulteress. Certainly [Augustine: If it is permitted], it is better that he should restrain himself from both, that is the permitted punishment for she who has sinned, and from an illicit marriage while she is alive.  But if he insists on choosing one, it is better for him to do what is allowed, so that the adulteress may be punished, than to do that which is not allowed, that while she is alive he commits adultery. But if, as is truly said, it is not allowed for a Christian man to kill his adulterous wife, but only to send her away…”

Hincmar continues: ‘…it is on this condition, that he may either live in continence or be reconciled to her, since if while she is alive he marries another, he too will without doubt be guilty of adultery’.

Original Augustine continues: ‘… who is so mad who would say to him, Do what is not permitted, so that what is not permitted to you will be permissible? For since both things are illicit according to the law of Christ, that is to kill an adulterous wife or to marry someone else while she is still alive, both should be refrained from, rather than doing the illicit for the illicit. But if he must do what is not allowed, let him commit adultery and not murder, so that he shall marry someone else while his wife is still alive and not shed human blood. Yet if two things are nefarious, he ought not to perpetrate one for the sake of the other, but avoid both’.