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

by Uta-Renate Blumenthal (Editor), Anders Winroth (Editor), Peter Landau (Editor)

Overview

Canon Law, Religion, and Politics extends and honors the work of the distinguished historian Robert Somerville, a preeminent expert on medieval church councils, law, and papal history. Reflecting the focus but also the range of Somerville's studies in medieval canon law in the era before Gratian and later, the essays explore the transmission of canonical and theological texts--in particular regarding the Eucharist--as well as the significance of the texts and their complex manuscript traditions.
Several essays examine texts in their practical context, highlighting the effects of canon law on religious institutions such as monasteries and the practices at law courts of medieval western Europe. Four studies dealing with the ius commune--the conjunction of canon and Roman law in daily practice, a topic of general and perennial interest--show once again how our understanding of canonistic and civilian legal developments in medieval and late medieval religious and intellectual history is evolving with greater precision when assumptions and generalities are analyzed in the light of manuscript sources. The pioneering influence of Somerville and his colleagues is evident in all of the essays. They broaden current understanding of the place of law and theology in a crucial period of history, the eleventh to the thirteenth centuries.
This work is written in honor of Robert Somerville, professor of history and Ada Byron Bampton Tremaine Professor of Religion at Columbia University. His scholarly honors are legion, including a fellowship in the Medieval Academy of America and the Commission Internationale de Diplomatique. He is a corresponding member of the Monumenta Germaniae Historica in Munich as well as the Bavarian Academy of Sciences. He has received numerous awards including two John Simon Guggenheim Memorial Fellowships. He is the author of numerous books and articles.
The contributors are Greta Austin, Alison Beach, Uta-Renate Blumenthal, Bruce C. Brasington, Martin Brett, James A. Brundage, Giles Constable, Kathleen C. Cushing, Charles Donahue Jr., Detlev Jasper, Anna Trumbore Jones, Peter Landau, Elizabeth Makowski, Kenneth Pennington, Edward Peters, Roger E. Reynolds, Frank Roumy, Herbert Schneider, and Charles R. Shrader.

Product Details

ISBN-13:	9780813219752
Publisher:	The Catholic University of America Press
Publication date:	07/18/2012
Pages:	344
Product dimensions:	6.30(w) x 9.20(h) x 1.20(d)

About the Author

Uta-Renate Blumenthal is professor emerita of history at the Catholic University of America. She is the recipient of major fellowships and grants and has published seven books and numerous articles. Anders Winroth, author or editor of several works, is professor of history at Yale University and a MacArthur Fellow. Peter Landau is professor emeritus of law at the Ludwig Maximilian University in Munich, recipient of multiple honorary doctorates, author of more than a hundred publications, and president of the Stephan Kuttner Institute of Medieval Canon Law.

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CANON LAW, RELIGION, AND POLITICS

Liber Amicorum Robert Somerville

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The Catholic University of America Press

Copyright © 2012 The Catholic University of America Press
All right reserved.
ISBN: 978-0-8132-1975-2

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Chapter One

GRETA AUSTIN

Were There two arsenal Collections?

Arsenal 713B and the Ivonian Panormia

The so-called Arsenal Collection played an important role in providing canons to at least three late eleventh- and early twelfth-century collections: the Decretum and the Panormia attributed to Ivo, bishop of Chartres (d. 1115), and the Collectio Caesaraugustana. The Arsenal Collection is preserved only in one manuscript, that of Paris, Bibliothèque de l'Arsenal MS 713. It appears in the second part of the composite manuscript, from folios 117 to 192, which Somerville dubbed '713B.' To describe this set of materials as a 'collection' almost seems like a misnomer, at least upon first glance. It consists of many canons written in a small hand, without any immediately transparent organizing principle, and with few line breaks or spaces.

Although early modern editors knew about Arsenal 713B, only in the last twenty years have scholars studied the manuscript seriously. Robert Somerville and Martin Brett brought to light the significance of Arsenal 713B. Somerville has mined Arsenal 713B for the texts and information it provides about the eleventh-century reform movements and the reforming popes, particularly Pope Urban II. When Somerville investigated Pope Urban II's letters as preserved in the Collectio Britannica, he concluded that 'the compiler of MS 713B made extensive use of a collection very similar to CB, but which contained fuller inscriptions and better texts than in the surviving version of that book.'

Part of the collection copied in Arsenal 713B was, in its original form, probably made as a preliminary step to making the Ivonian Decretum. Martin Brett found that Arsenal 713B contains long rows of canons which also occur in the Ivonian Decretum—canons which were not taken from Burchard's collection by the same name. Brett demonstrated that these rows of canons in Arsenal were probably not copied from the Decretum. Rather, these sequences comprise a preliminary working collection which Ivo utilized in making the Decretum. As Brett writes, Arsenal 713B probably represents 'in part a moment in the compilation of the Decretum.... It must preserve almost the last stage before a complete Decretum was copied out.' At the same time, Arsenal 713B itself does not represent that 'last stage', but was itself a later copy. Arsenal 713B thus does not preserve exactly what Ivo used.

Furthermore, some earlier form of Arsenal 713B contributed canons to the Ivonian Panormia. The Panormia editors dramatically cut down the number of canons in the Ivonian Decretum, and then added approximately 130 more canons. The Collection in Four Books provided about 40 of these 130.8 Brett identified Arsenal as the source of another 57 canons which were new to the Panormia. Furthermore, these Panormia canons occur in particular sections in Arsenal, sections which do not have 'sequences shared with the Decretum.' These canons were already 'sorted thoroughly by topic' in these sections, which appear to be part of 'the preparation for a larger enterprise.' Brett's discussion can be read as suggesting that the sections of Arsenal which contributed to the Panormia were compiled separately from the long sections which contributed to the Ivonian Decretum.

Following Brett's lead, Christof Rolker distinguished between the Decretum sections in the Arsenal manuscript and the Panormia ones as 'Arsenal I' and 'Arsenal II' respectively. Rolker suggests that 'the second Arsenal collection is presently only known from blocks of texts interpolated among the preparatory collection of the Decretum in the Arsenal 713 manuscript.' Arsenal II may have been a separate collection from 'Arsenal I', although eventually both were copied together into the Arsenal 713B manuscript.

About fifteen years ago, Professor Somerville asked the author to investigate further the relationship between the Ivonian Panormia and Arsenal 713B. This article begins this project by building on Rolker and Brett's work. Here I examine the sections of the Arsenal manuscript in which the Panormia canons occur. A striking number of the Urban II extracts analyzed by Somerville in Pope Urban II, the Collectio Britannica and the Council of Melfi (1089) occur in these sections of Arsenal. It is appropriate, in a volume in honor of Professor Somerville, to consider the Panormia sections of Arsenal, since they play an important role in transmitting texts of eleventh-century reforming popes. This article, by identifying the particular sections in which Panormia canons are clustered in Arsenal 713B and studying their contents, asks whether these sections provide evidence for a separate, later Arsenal II collection. Is the so-called "Arsenal Collection" actually two separate collections, Arsenal I and Arsenal II, which were then mixed up and copied together into Arsenal 713B?

The Panormia Canons in Arsenal 713B

Following Brett, Rolker proposes that some sections of 713B may represent (in a later form) a second, independent collection, 'Arsenal II'. The so-called Arsenal Collection as preserved in the Arsenal 713B manuscript would consist of two separate collections which had been combined: Arsenal I, interspersed with sections of Arsenal II. Rolker did not identify these sections. Upon investigating Arsenal 713B, it becomes clear that nearly all of the canons that are shared uniquely with the Panormia appear in five distinct sections of Arsenal 713B. These sections represent blocks of material with very few or no canons in common with ID. Many canons in these sections also occur in the Collectio Britannica. Some of these sections follow blank folios or begin new quires. In almost all cases, they occur between longer blocks of ID material.

fol. 125r (LP 142–150): 9 canons, with 1 IP canon —IP 3.163 in this section

fol. 131r–135v (LP 253–334): 82 canons, with 9 IP canons —IP 3.52–54, 3.84–89 in this section (not in sequential order)

fol. 136v/137r–138v (LP 356–388): 33 canons, with 10 IP canons —IP 2.134–135, 3.154–55, 3.166, 5.110–11, 8.3, 8.77–78 in this section (not in sequential order)

fol. 139v–140r (LP 407–419): 13 canons, with 1 IP canon —IP 3.3 in this section

fol. 149rv–152r (LP 0653–731): 87 canons, with 31 unique to IP —IP 3.90–96, 97–99, 101–15, 122, 133–45 in this section (not in sequential order), although eight of these have parallels in ID.

That Arsenal II could have been scattered among Arsenal I is entirely possible. As Brett points out, Arsenal 713B appears to have been copied from a set of loose pages and/or quires which had became disordered. Canons on very different topics and issues sometimes appear close together in Arsenal 713B. For instance, canons shared with Ivo's Decretum books 5, 4, and 14 are found together in Arsenal 713B at fol. 139v–146r. The material which contributed to Arsenal I is closely related to that which contributed to Arsenal II—especially the material shared with the extant copy of the Britannica. It is possible that the distinction between Arsenal I and Arsenal II could have been lost, both because the collections drew upon very similar sources and also because they were probably copied onto loose quires.

In addition to these five 'Arsenal II' sections, described above, there are four individual canons otherwise unique to Panormia which occur in Arsenal in the middle of sequences of Ivonian Decretum canons. If Arsenal II existed, one might not expect to find these canons shared with the Panormia in the middle of Decretum sections of Arsenal 713B. Brett, however, has provided an elegant solution: that at least two of these canons attest to an earlier, and fuller, version of an Ivonian Decretum than any extant manuscript of that collection today. In other words, these canons originally appeared in a Decretum, and the Panormia compiler took them from the sequence in the Decretum, rather than from Arsenal II. This explanation can be extended to all four canons, all of which interrupt sequences of Decretum canons. It seems likely that the Panormia compilers would have taken these individual canons from a fuller Decretum, and not from Arsenal II.

Why Might There Be Some Ivonian Decretum Canons in Arsenal II?

What is harder to explain is the presence of Ivonian Decretum material in Arsenal II. The hypothesis here is that Arsenal I was made as a preparatory step for the Decretum, and that Arsenal II was created as a separate collection. One would expect that Arsenal II would generally lack Decretum canons. Yet Arsenal II does include a handful of canons which also occur in Ivo's Decretum. It is thus important to look at the Decretum canons in these sections, in order to understand whether these work against the argument for Arsenal II.

First of all, a number of Decretum canons can be explained, at the very beginning and ends of these sections, as 'transitional' texts, and in fact there are some of these. Identifying where Arsenal II might begin and end involves some guesswork, and possibly the sections of text bleed over into each other, especially since the originals of these canons in Arsenal 713B were written on loose quires, which could have 'contaminated' each other.

Second, Arsenal II is distanced from Arsenal I, inasmuch as some of Arsenal II's Ivonian Decretum canons are actually canons from Burchard's Decretum taken into Ivo's collection of the same name. As noted above, the Ivonian Decretum often contains long, nearly continuous sections of Burchard's Decretum, often sandwiched between chunks of material which occurs in Arsenal 713B. As Brett demonstrates, Arsenal I systematically excludes the Burchardian material, and includes only the Ivonian Decretum sections which are not from Burchard. Yet Arsenal II incorporates a handful of Ivonian Decretum canons derived originally from Burchard. The presence of these Burchardian/Ivonian Decretum canons thus might point to an Arsenal II compiler who worked at some distance from Arsenal I and who distinctly did not avoid Burchardian material. Furthermore, the presence of Burchard's Decretum canons suggests that Arsenal II may not have been made specifically for the Panormia. In the final version of the Panormia, the Panormia compilers worked to eliminate doublets in the Ivonian Decretum and to include the canon not from Burchard.

Third, some Arsenal canons with parallels in the Decretum seem to have come from sources other than the Decretum, because the Arsenal II canons have different readings than the Decretum. Sometimes the Decretum canon is longer than the text in Arsenal II (although all such conclusions should be reached with caution, given that Arsenal 713B is a later copy). And sometimes the inscription in Arsenal II differs significantly from that in Ivo's Decretum, although these may result simply from the fuller and sometimes better texts and inscriptions in Arsenal. This suggests that Arsenal II took the canon independently from a different source and not from the Ivonian Decretum and/or Arsenal I.

Fourth, one might expect to find a few Decretum canons occasionally appearing in both Arsenal I and Arsenal II, because the Arsenal II compiler utilized the same sources as Arsenal I—above all, the Collectio Britannica. In fact, this is the case. Arsenal 713 contains some 'doublets': canons that appear in Arsenal I and again in Arsenal II. For instance, ID 1.304 appears twice in Arsenal—once in a block of ID book 1 canons (LP 141, at fol. 123r), and once in a non-ID section, at fol. 134r (LP 302). In fact, the existence of Arsenal II would help to explain such repetitions. A different compiler making Arsenal II would be more likely to reproduce canons already in Arsenal I, than if the same compiler created the so-called Arsenal Collection at one time.

Thus, some Ivonian Decretum canons with parallels in Arsenal II can be explained as canons which were both taken from an earlier form of the Collectio Britannica. The Ivonian Decretum canons in Arsenal II often can be found in the extant Britannica. What may well have happened is that the Arsenal II compiler went back to his version of a Britannica to find material and then copied some canons already in the Ivonian Decretum. This would not be surprising, inasmuch as the Ivonian Decretum is enormous, and the compiler might not have remembered every single canon in it. Among these canons which appear both in Arsenal II as well as in the Ivonian Decretum (and, through that collection, the Panormia) is the controversial canon attributed in Arsenal (LP 283, fol. 132v) to Urban II at the Council of Melfi, but attributed in ID 6.410 to decretum Gregorii VII et Urbani II, and attributed in many Panormia manuscripts (IP 3.51) to decretis Gregorii VII et Urbani II. This canon appears in the middle of what would be called 'Arsenal II'—sections in Arsenal 713 which provided canons to IP. The text may have entered the Decretum book 6 directly from the Britannica, but it might have been copied again from the Britannica in the process of making Arsenal II.

Furthermore, those Britannica canons which are found in both ID and in the Arsenal II sections are generally ones which Arsenal I did not include. Many are canons from the Ivonian Decretum book 6, of which Arsenal I contains no long series of canons.

If all of the above types of Ivonian Decretum canons in Arsenal II are explained in this way, then there is only one Ivonian Decretum canon in the Arsenal II sections. This canon could easily have been included simply by coincidence. In other words, if a later compiler made Arsenal II, it would not be remarkable for him to replicate some canons already in ID. What is remarkable is simply that he repeated so little.

Arsenal II

Some factors suggest that Arsenal II was not made directly for the Panormia. The Panormia compiler demonstrated his familiarity with the Ivonian Decretum by avoiding doublets. So the maker of the Panormia would presumably have noticed doublets in a preparatory collection like Arsenal I. Yet a different compiler might not have been as aware (or even have cared as much) about overlap with the Ivonian Decretum. Another factor distancing Arsenal II from Arsenal II is that Arsenal II occasionally included canons from Burchard's Decretum, whereas Arsenal I noticeably omits Burchardian material. Furthermore, many Arsenal II canons were not incorporated into the Panormia, and this fact might also distance Arsenal II a step from the Panormia compilers.

The existence of a separate collection, Arsenal II, would explain better how the Panormia compilers could have selected new material from an apparently undifferentiated mass of material, if there were only ever one Arsenal Collection (of which Arsenal 713B is a later copy). It is difficult to imagine how the Panormia compiler could have navigated a collection that looked anything like the existing manuscript, and plucked out the material which was not already in the massive Ivonian Decretum. But, if the Panormia compiler had a separate collection with which to work, the task would have been much simpler.

There are still some mysteries surrounding Arsenal I and II. Why and how Arsenal I and II came to be copied together will need to be investigated further, as will the question of whether Arsenal II was available to Ivo in making the Decretum. The sections of Arsenal which do not contain Panormia or Ivonian Decretum canons still need to be studied in order to see whether they also might be parts of Arsenal II. These sections strongly resemble the Arsenal II sections, in that they also draw largely upon the Britannica and generally exclude Ivonian Decretum canons. On the other hand, perhaps these sections also were part of a fuller Ivonian Decretum which Arsenal preserves.

(Continues...)

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Table of Contents

Contents

Preface....................ix
Introduction....................xiii
Abbreviations....................xvii
1. Were There Two Arsenal Collections? Arsenal 713 and the Ivonian Panormia Greta Austin....................3
2. The Collectio Canonum Caesaraugustana and Roman Legal Sources Uta-Renate Blumenthal....................15
3. Law, Penance, and the 'Gregorian' Reform: The Case of Padua, Biblioteca del seminario vescovile MS 529 Kathleen G. Cushing....................28
4. New Wine in Old Skins? Remarks on the Collectio Burdegalensis Herbert Schneider....................41
5. A New Manuscript of the Collectio Sinemuriensis (New York, Columbia University, Western MS 82) Franck Roumy....................56
6. The Influence of the Eastern Patristic Fathers on the Canonical Collections of South Italy in the Eleventh and Early Twelfth Centuries Roger E. Reynolds....................75
7. Differentia est: A Twelfth-Century Summula on Anathema and Excommunication Bruce C. Brasington....................107
8. The Power of an Absent Pope: Privileges, Forgery, and Papal Authority in Aquitaine, 877–1050 Anna Trumbore Jones....................118
9. The Origin of Civil Procedure: Treatises in Durham during the Twelfth Century Peter Landau....................136
10. The Surviving Manuscripts of the Eucharistic Treatises of Heriger of Lobbes Charles R. Shrader....................147
11. The De corpore et sanguine Domini of Ernulf of Canterbury Martin Brett....................163
12. Imagining Libertas: Keeping the Bishop at Bay in the Twelfth-Century Chronicle of Petershausen Alison I. Beach....................185
13. The Deposition and Excommunication of Emperors and Kings: A Collection of Historical Examples from the Investiture Conflict Detlev Jasper....................199
14. Another Canonist Heard From: Gervase of Tilbury's Kaiserspiegel for Otto IV Edward Peters....................215
15. Charter Evidence for Pope Urban II's Preaching of the First Crusade Giles Constable....................228
16. Roman Law at the Papal Curia in the Early Twelfth Century Kenneth Pennington....................233
17. Thoughts on Diocesan Statutes: England and France, 1200–1500 Charles Donahue Jr....................253
18. The Medieval Battle of the Faculties: Theologians v. Canonists James A. Brundage....................272
19. Canon Law and the Spirituality of Cloistered English Nuns Elizabeth Makowski....................284
Bibliography of Robert Somerville's Publications....................297
Contributors....................303
Index of Manuscripts....................309
Index of Papal Letters....................311
General Index....................313