Category Archives: papacy

‘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 – 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.