Category Archives: papacy

How to deal with a mentally ill bishop

A post by Rachel Stone

In the early 850s, the clergy and people of Nevers, a small city in central France, had a problem: their bishop, called Herimann, was behaving strangely. There were complaints of his “excesses” and the “persistence of his frivolity” (perseverantia levitatum). He had been frequently corrected for this behaviour and rebuked by other bishops “moderately and sharply” (modeste et acriter), but the problems had persisted.

But the unsuitable behaviour of this turbulent bishop was not solely due to Herimann’s character flaws. The first account we have, from the Council of Soissons in April 853, also reports that he had some “bodily trouble” and talks of his “infirmity”. Later reports describe him as having “lost the soundness of his understanding” (sensus integritate privatus) and “similar to the insane” (insano similis). How did the Carolingian church respond to a bishop with what sounds like serious mental health problems? And what can this case tell us about the role of bishops in the early Middle Ages?

The response of the Council of Soissons in the spring of 853 to the problem of Herimann was a pragmatic and temporary one, with the main responsibility falling on Herimann’s metropolitan, Archbishop Wenilo of Sens. He was to send a bishop to Nevers to administer the see; he was also to take Herimann back with him to Sens for the summer, a season which worsened Herimann’s condition (aestivum tempus, quod valde contrarium infirmitati illius ferebatur). After the summer, and once Herimann had, the council hoped, been “accustomed to suitable abstinence, instructed in episcopal gravity, informed about apostolic behaviour”, the clergy and people of Nevers could recall him to his see.

These measures appear to have worked: the Council of Verberie in August of the same year reported that Herimann had been restored to his see and it stressed that he had been removed only because of his illness and not because of any “faults of character or public sins”. Unfortunately, this recovery was not permanent: around five years later the problem recurred.

We have three sources for the second part of this episcopal drama. One is a letter from Lupus of Ferrières (presumably on behalf of Wenilo) to an unnamed pope, asking for permission to depose Herimann, who, “frequently admonished and long expected to grow well again, is not able to fulfil his office, his mind not being whole (mente non integra)”. The second is a letter from Pope Nicholas to Archbishop Wenilo, replying either to Lupus’ letter or a similar one. Finally, there is the fragment of a letter from Charles the Bald to Wenilo (Tessier no. 224) which announces that the royal ministers Liudo and Geilo will take over the administration of the diocese. By 862, the bishop of Nevers is recorded as being Liudo, probably the same person, which has normally been taken to imply that Herimann was dead by that point.

The dating of all these letters is uncertain, although Lupus’ letter is probably from 858 and the reply by Nicholas has thus been dated to 858-860. Nicholas’ reply cannot have been welcomed by Wenilo. After praise of Wenilo for respecting papal authority, Nicholas then goes on to criticise him for summoning Herimann to synods when he was ill. Nicholas also comments that he cannot judge about Herimann’s “excesses” in his absence and without more details about whether he was of sound mind when he committed them. He states that Herimann should be consoled and his infirmity sympathised with rather than punished, although Nicholas approves of Wenilo admonishing Herimann if this is done from true charity.

Nicholas, in other words, was probably trying to take over the judgement of the case himself in order to assert his papal authority. We have no further record of papal involvement, however, and the letter by Charles the Bald may suggest that Wenilo took a different route. Although Charles’ ordering of administrators to be sent to the diocese could be dated at any period between 853 and 860 (and Charles was present at the Council of Soissons in 853), it is tempting to see this letter as a response to Wenilo’s inability to depose Herimann, reflecting a desire to put on a permanent footing alternative administrative arrangements that had already been used intermittently before.

Disciplining or deposing a bishop in the ninth century was normally a contentious matter, and therefore most sources discussing such matters reflect conflicts within the episcopate. Here, however, is a case where there was relative consensus, where we can see councils and the king working together effectively to solve a difficult problem. What made Herimann’s case so difficult was not a bishop being too ill or infirm to carry out his episcopal duties. The Council of Meaux-Paris 845-846 had already issued a canon (c. 47) on the topic, which envisaged the bishop handing over his power of ordination to his archbishop and the administration of the diocese to suitable subordinates. The problem with Herimann, I would argue, is that the probable nature of his mental illness caused specific administrative problems.

Retrospective diagnosis of any illness is always speculative and is particularly difficult when we have so few details. But are there are some revealing features in the sources on Herimann. Firstly, there is no mention of any head trauma or other injury (which Carolingian authors were aware could cause mental health problems). Secondly, the illness was long-lasting, but intermittent: Herimann had recovered sufficiently by August 853 to be re-entrusted with his see. That argues against degenerative brain disorders. Thirdly, there was a seasonal effect, with additional problems for Herimann in the summer. There have been a number of studies showing such a pattern for mania and schizophrenia, but not for other mental illnesses.

I think that Herimann was more likely to have had bipolar disorder with manic episodes than schizophrenic symptoms. There is no mention of possession (which might be used to explain hallucinations), and Herimann is described only as “similar to the insane”, suggesting that he may not have been obviously delusional. Instead, we have references to “excesses” and “frivolity” and an implied lack of episcopal gravity. Charles the Bald refers to complaints from Nevers of the “insolence” shown by Herimann. This all fits well with manic symptoms of heightened energy, euphoria and rapid speech, possibly in the milder form of hypomania.

We cannot know for certain whether Herimann experienced manic episodes, but such mania might have caused particular problems for the Carolingian church. To see this, it is useful to consider another aspect of Herimann’s life: his commissioning of manuscripts. The British Library today holds Harley 2790, a gospel book probably written in Tours and containing a short poem recording how it was donated by Herimann to the cathedral church of St Cyr, Nevers:

Harley 2790 folio 19v - Herimann poem

Me quicumque legis, Herimanni sis memor oro
Cuius me studio possidet iste locus
Obtulit eclesiae sibi commissae memorandus
Praesul me fateor, pro bonitatis ope
Me sancto Cyrico tali sub conditione
En dedit ut pereat qui cupit abstrahere (f. 19v)

I pray whoever reads me remember Herimann
By whose zeal this place possesses me
The memorable one offered it to the church committed to him
I acknowledge that the bishop on account of the riches of goodness
Gave me to St Cyr under such a condition
That he might perish who desires to take me away.

The gospel book has decorated canon tables, but is not a particularly ornate work otherwise. Nevertheless, any substantial manuscript like this (of around 270 leaves, each slightly bigger than A4) would have been expensive to produce in terms of paying for parchment and scribal labour. And the otherwise unremarkable poem suggests Herimann’s “zeal” (studium) to do good via generosity, at a time when he was presumably in better mental health.

It’s interesting to bring that together with some of the complaints about him in 853 and 858. In 853 there were complaints about his “excesses” and how these had caused “injury to the most sacred order”. Herimann “was accustomed to act strangely (ineptire)…and indiscreetly to do certain things that could have lead to the shipwreck of the powers (facultates) and matters/possessions (res) of the church”, as well as carrying out acts that were a danger to salvation. Charles the Bald talks of the “agitation” of the church’s res, with no stability, “either in the disposition of the demesnes (villas dominicas) or the arrangement of all business”.

This raising the intriguing possibility that serious alarms about Herimann were raised because of two common symptoms of hypomania: overspending and over-generosity. It is easy to imagine such recklessness with money and property as having the potential to cause severe damage to the diocese’s finances.

Yet people during hypomanic episodes are not delusional in the sense of having false beliefs, even if they recklessly overestimate their capabilities. The Council of Verberie mentions in passing that Wenilo had taken Herimann into his keeping in the summer of 858, because no-one in the church of Nevers had wanted to do so, “partly perhaps from undue piety, partly from reverence to a lord (reverentia seniorali)”.

A key issue is that early medieval bishops had a large amount of autonomy: there were, for example, no formal financial structures to check their spending. Suffragan bishops like Herimann might in theory be subject to their archbishop’s oversight, but the only archbishop we know regularly interfering with their suffragan’s activities was Hincmar of Rheims. The main check on a bishop’s behaviour was the informal one of his need to maintain his local reputation among his clerics and congregation. That may have been inadequate in this specific case. Was Herimann’s behaviour difficult to deal with because it was an exaggerated version of how a good Christian should deal with money? After all, appropriate spending and generosity by bishops was admirable behaviour.

The Council of Verberie stressed that Herimann had not committed any public sins, implying that any possible mania or hypomania had not led him to behave in a sexually inappropriate or aggressive way (two common symptoms of hypomania). If Herimann was behaving extravagantly with the diocese’s funds, but was not obviously “insane”, his damaging behaviour might have been peculiarly difficult for his subordinates to protest about or prevent.

Historical and cross-cultural studies have rightly stressed the variation in symptoms, diagnoses and responses to mental illness in different societies. Modern medical research has also been interested in how social class affects the prevalence and treatment of mental illness and whether particular occupations lead to higher risks of mental health problems. Herimann’s case tells us something else interesting about the connection between mental illness and social role: particular occupations and social organisations in any culture may be better able to cope with some forms of mental illness than others. A Carolingian lay nobleman, for example, described in the sources as very active, risk-taking, sociable, irritable, extravagant, self-confident and with strong sexual desires, would probably be regarded by most of as entirely typical, even though these are many of the symptoms of hypomania. In contrast, it’s easy to imagine the Carolingian episcopate as being reasonably well able to shelter a depressed bishop for some considerable period of time without him becoming controversial.

It is unlikely that Herimann was the only ninth-century bishop with mental health problems (especially since the office was normally held until death). His real difficulty was probably that his particular symptoms were ones that were unusually disruptive to his episcopal office.

Image credit: BL Harley ms 2790, now online 

A Carolingian view of clerical marriage

When did priests stop being allowed to marry in medieval western Europe? The question might seem recondite, but it’s actually of enormous importance. The prohibition of clerical marriage separated out priests from the laity in a very clear and obvious way, in parallel to their exemption from processes of secular justice (one of the focuses of my research at the moment). It meant that they couldn’t legally have heirs, which had a big impact on wider family strategies; and it was associated with changes in masculinity, too.

Establishing when this happened is however surprisingly difficult. The key texts are often ambiguous. And of course, for the early Middle Ages we don’t have enough evidence to be able to say for certain exactly what proportion of priests were married (though recent research on local priests by Julia Barrow and a team led by Steffen Patzold and Carine van Rhijn has moved things on here a lot).

Nevertheless, many historians would suggest that the history goes something like this. Early church councils were keen for clerics in general (and bishops in particular) to refrain from illicit sexual activity, and ideally from all sexual activity. But as good householders, it was expected that these leaders would be married men: they merely had to be continent after their ordination. That tradition was maintained for centuries – the classic illustration is that Pope Hadrian II (d. 872) was a married man, and no one at the time batted an eyelid.  Only in the eleventh century did reformers, seeking to create an autonomous church free from secular control, develop a novel insistence on clerical celibacy (as opposed to merely clerical continence within marriage), leading to a formal legal prohibition in the 12th century.

In many ways this is a convincing and accurate narrative. Yet there are two problems. The first is that the narrative perhaps doesn’t take sufficiently into account regional diversity in the early Middle Ages. Ninth-century Italian clerics, in particular, seem to have treated clerical careers very differently from their Frankish colleagues, as Rachel Stone has shown – so we can’t necessarily generalise from the case of Pope Hadrian.

Perhaps an even bigger problem though is that we tend to approach the late antique councils directly, relying on the most recent editions and the sharpest-sighted interpretations to work out what the church fathers originally had in mind. That’s obviously a good thing. But it’s not necessarily how early medieval authors read them.

Here’s a case in point (brought to my attention by Helen Parish’s excellent book). In the late 860s, Pope Nicholas I and Photius the Patriarch of Constantinople became caught up in a fierce argument. It ultimately revolved around about the extent of papal authority, but as part of this argument, a Byzantine letter began to circulate that criticised western church customs. When he heard about this, Pope Nicholas called for Frankish backup. Of the several treatises that were written in response, perhaps the most interesting for our purposes is that written by Ratramnus of Corbie in 867, known as the Contra Graecorum opposita.

Ratramnus was a noted Carolingian intellectual who remains understudied, overshadowed by his (much less sympathetic) fellow monk Radbert. This work of his is no exception, and it languishes in an inadequate 18th-century edition to this day. Yet it’s of considerable interest for the relatively level-headed defence of western customs that occupies most of its fourth book (and Ratramnus’s emphasis on the western/eastern (orientalis/occidentialis) distinction is incidentally quite striking).

Ratramnus argues for instance that whether clerics shaved their beards (as the Romans did) or whether they didn’t (like the Byzantines) was just a matter of local custom, not of doctrine. There was a ritual logic to doing things the way people did in the western churches, but he didn’t think the Byzantines should necessarily follow suit. In the end it wasn’t that important.

On clerical marriage, however, Ratramnus was more intransigeant. He had heard that the Byzantines labelled the Roman church as anti-marriage because they would not let their priests marry. Nonsense, said Ratramnus – the Apostle Paul wasn’t married, yet that hadn’t stopped him telling people that they ought to marry.

But, argued Ratramnus, it was simply inappropriate for priests to  marry, since they would inevitably become distracted by trying to please their wives rather than God (an indication perhaps of a typically Carolingian companionate view of marriage). And there was also the problem of ritual pollution, though Ratramnus seems much less bothered by this, consistent with his other work.

Not content with leaving matters there,  Ratramnus declared that this was in fact the traditional position, and he cited the Council of Nicaea of 325 to prove his point. Now, modern scholars are unanimous that the Council of Nicaea did not ban clerics from being married. But that’s not how Ratramnus seems to interpret the key canon, canon 4. This canon forbade priests from cohabiting with women except for close family members. It doesn’t mention wives – but in a fascinating short passage (translated below), Ratramnus uses common sense to argue that this was implied.

Was Ratramnus arguing that priests once ordained should not marry, or that they should be actually not be married at all? Here there’s a touch of perhaps deliberate ambiguity to the Latin. He says that priests shouldn’t  matrimonia sortiri (lit: ‘acquire marriages’)  which implies a prohibition on becoming married after ordination. But he also says that uxoria copula (lit: ‘wifely bond/union’) is forbidden to priests. Now, this could in principle mean sexual contact with one’s wife – but the context, and the other occasions on which Ratramnus uses this phrase, strongly suggest he meant the state of being married. [1]

In arguing that the Nicene Fathers prohibited priests from being married, Ratramnus was almost certainly misrepresenting the Nicene council’s original intentions. But in a sense, that’s irrelevant. What matters is that for this ninth-century author, clerical celibacy was baked into the early church decisions – and moreover that this was a key factor in separating the laity from the priests.[2]

Historians working on clerical celibacy and other related issues naturally tend to focus on new and dramatic texts produced in the eleventh century. But to what extent had the groundwork for these new texts already been laid by subtle, and much harder to discern, changes in how pre-existing texts were interpreted?

TRANSLATION: Ratramnus of Corbie, Contra Graecorum opposita, Book IV, c.6 (PL 121, 329, based on D’Achery’s Spicilegium) – extract (please note this is just a provisional translation, & suggestions for improvements are welcome).

But let us come to the ecclesiastical decrees, by which we may understand what they [the maiores] wished to decide about this. In the Council of Nicaea held under Emperor Constantine I, it was thus decided by 380 bishops: “The great synod stringently decreed that it was not permissible for a bishop, priest or deacon, or absolutely anyone else in the clergy, to have a woman living in (mulier subintroducta): except perhaps his mother, or sister, or aunt, or those women who escape suspicion”.

Let these Constantinopolitan emperors hear this, and judge whether those grades this canon concerns ought to obtain marriage (matrimonia sortiri) – grades to whom it is not permitted to cohabit with women, except only those persons whom no suspicion can stain. For whoever marries (duxerit) a wife is unable not to have other women in the household too apart from his wife, women through whom wifely necessity and domestic business (domestica cura) may be supplemented. In truth where the living-in (subintroductio) of all women is forbidden, except for those persons who lack all suspicion, it is clear that a wifely union (uxoria copula) is also forbidden, since this can in no way happen without contact (accessio) with other women.[3]

Notes

[1] Earlier in the passage, R. wrote that Paul “significat se caelibem esse, nec uxoris copula detineri” – ie, that he was not married. Cf. his comment re: the 862 council of Aachen here:  “quod autem opponitur non fuisse copulam illam legitimum conubium”

[2] nec inter laicos et sacri altaris ministros ullam differentiam consistere.

[3] Sed veniamus ad ecclesiastica tandem decreta, quo cognoscamus quid decernere super his maluerint. In Nicaeno concilio sub Constantino imperatore primo per trecentos octodecim episcopos sic decernitur: «Interdixit per omnia magna synodus, non episcopo, non presbytero, non diacono, nec alicui omnino qui in clero est, licere subintroductam habere mulierem; nisi forte matrem, aut sororem, aut amitam, vel eas tantum personas quae suspiciones effugiunt.» Audiant haec Constantinopoleos imperatores, et judicent, an debeant isti gradus, super quibus hoc capitulo decernitur, matrimonia sortiri, quibus non licet mulieribus cohabitare, nisi solummodo personis illis quas nulla suspicio possit commaculare. Nam quisquis uxorem duxerit, non potest praeter uxorem alias etiam mulieres in domo non habere, quibus uxoria necessitas, et cura domestica suppleatur. Ubi vero cunctarum interdicitur subintroductio feminarum, praeter omnino personas quae careant omni suspicione, manifestum est quod interdicatur etiam uxoria pariter copula, quae nullo modo potest fieri sine reliquarum accessione feminarum.

Image: Utrecht Psalter (Psalm 52)

‘May this water be a test for you’: trial by cold water in 9th-century Francia

One of the distinctively post-Roman things about post-Roman Europe was the emergence of a new kind of legal procedure, the trial by ordeal. In its various different forms – the main ones were hot iron, boiling water, cold water, and trial by battle – the ordeal comes particularly into view in the ninth century, when there was something of a debate about its ethics and efficacy. One of its staunchest defenders was Archbishop Hincmar of Rheims, who in his De Divortio (available in all good bookshops etc) justified it at some length.

Practical instructions on how to carry out an ordeal are quite common in ninth- and tenth-century manuscripts, often inserted as aide-memoires. Below is an English translation of one of these texts, associated with ninth-century Rheims – so, the kind of text that priests in Hincmar’s diocese might have come across. It gives instructions on how to carry out the ordeal by water on a group of men suspected of theft.

There are several interesting things about this text. First, although the role of the priest is essential, the text doesn’t seem to be addressed to the priest himself. Perhaps it was meant for a count or other judicial officer. Secondly, it’s a very elaborate procedure: throwing the suspects into the water is merely the last stage in a whole string of actions, designed to pile the pressure on the guilty/guarantee God’s intervention (depending on your point of view). These include public communion, blessing with holy water, holy incantations, and the fasting of the immediate participants.

Finally, the text has a notably defensive tone. The possibility that witchcraft could distort the outcome is acknowledged (this was something that bothered Hincmar too). And the text ends with the assertion that the ordeal was devised by God, had been confirmed by papal sanction, and was to be used instead of alternative procedures, such as swearing an oath on the high altar. Clearly whoever wrote down this text was aware of contemporary criticisms – and that attack is the best form of defence!

Translation: Instructions for the ordeal of cold water*
*Please don’t try this at home

Update 17.1.17: I still haven’t located the manuscript from which this text comes (the edition isn’t clear). But a very similar ordeal text was present in a manuscript that was almost certainly made by Hincmar c. 874. This manuscript is now lost BUT the ordeal text happily survives in an early modern transcription in Duchesne 64, at f.49v (or so it seems: I’ll check the next time I’m in Paris,  since it doesn’t seem to be online). For all the details, see R. Pokorny, ‘Sirmonds verlorener Luetticher Codex der Hinkmar-Schriften’, Deutsches Archiv 66 (2010), esp. p. 532.

Image: Lambach, Stiftsbibliothek Codex 73: a 12th-century liturgical manuscript (Wikipedia)

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 – as marked by the inclusion 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 had 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 helped to write in the name of King Charles the Bald to Pope Hadrian II in 871. And this time there’s a surprising change in how the text is referred to. 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!

UPDATE & CORRECTION June 2017: The MGH edition of the letters to Pope Hadrian actually prints “Leo ac Romana synodus” here and here. And it turns out that’s what the manuscript, Paris BnF Lat.1594, says on f. 152v. It looks like Delande’s emendation of the text to ‘Bourges’ was a hyper-correction based on his erudition, not on the manuscript.

So, Hincmar was consistent in attributing this text to Pope Leo after all: more proof that Hincmar wasn’t always as devious as some people have thought! (and more evidence I think that he was very closely involved in writing this letter – but that’s a topic for another blog).

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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.