tag:blogger.com,1999:blog-24787164987882426192024-03-04T21:09:33.223-08:00Collaborative Hincmar Project blogTranslations of selected texts written by Archbishop Hincmar of Rheims (c. 806-882) and his contemporariesMagistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.comBlogger56125tag:blogger.com,1999:blog-2478716498788242619.post-74196576052283788212023-02-20T11:44:00.001-08:002023-02-20T11:56:18.687-08:00About the case of the priest Teutfrid: what should be done and decided<div><b><br /></b></div><b>Translation by Rachel Stone, with assistance from Charles West</b> <div><br /></div><div><i>This short letter by Hincmar of Rheims has not been dated, although Gerhard Schmitz argued that it was written around the same time (876-877) as a longer text, "De presbiteris criminosis" (About delinquent priests). It is not certain whether Teutfrid was a priest in Hincmar's archdiocese or whether Hincmar was responding to a request for advice on the case from bishops elsewhere. A location for the theft in West Francia is most likely, given Hincmar's involvement, although the mention of the tunic of Queen Emma as stolen by Teutfrid suggests a church that had close connections with Louis the German and his family. From the amount he stole, he was also unlikely to have been a parish priest, but was probably attached to a convent, cathedral or some other elite shrine. </i></div><div><i><br /></i></div><div><i>The editio princeps of the text was by Jean Busée in 1602, based on a now lost manuscript from Speyer; the title was first used by Jacques Sirmond in his edition, reprinted from Busée. This text has been translated from Migne's reprint of Sirmond in Patrologia Latina 125, col. 1111-1116.</i>
1) </div><div><br /></div><div>1) Pope St Gregory [Gregory I] in the register of his decrees many times decreed that ecclesiastical business and cases ought to be decided legally and regularly (1). Where and by whom the case of the priest Teutfrid should be conducted and decided: "The laws decree that the accused does not have licence to proceed beyond the bounds of the province. For it is fitting that judgement of the crime is accomplished where the act is said to have been committed. We restrain foreign (<i>peregrina</i>) judgements with laws at hand (<i>praesentes</i>)." [Codex Theodosianus 9.1.10]. And chapter 30 of the Carthaginian canons: "It pleases that the accused and the accuser should be in such a place that the one who is accused, if he fears any force from the heedless crowd, might choose a place near to him, in which it would not be difficult to produce witnesses, where the case may be finished." [Council of Hippo 427 c. 2]. And the Synod of the Province of Africa in a letter to Pope Celestine: "The fathers provided very prudently and justly that any matters whatsoever should be finished in the places where they arose." [Letter from Council of Carthage 424-425 to Pope Celestine] </div><div><br /></div><div>2) A priest who has confessed or been convicted by his own bishop, if he is obstinate, ought to be judged by the bishops of his province, just as the canons of Nicaea, Antioch, Serdica and African Carthage decree. For the Antioch canons, chapter 16 say: "That one is a perfect council where the metropolitan bishop should be present." [Council of Antioch 341, c. 16]. And chapter 20 from the episcopal councils: "In the councils themselves the priests and deacons should be present and all who think themselves injured and let an examination be made by the synod." [Council of Antioch 341, c. 20]. And chapter 9: "That the bishop should attempt to do nothing aside from the metropolitan bishop, except what pertains to his own diocese, nor should the metropolitan act without the advice of the remaining <i>sacerdotes</i>." [Council of Antioch 341, c. 9] </div><div><br /></div><div>3) Since Teutfrid is said to have confessed or been convicted (2) about church goods removed secretly and sacrilegiously, that is three chasubles, the tunic of Queen Emma (3), a gold belt with gems, an ivory burse [box for the liturgical corporal], a pound of gold and other additional things, the laws say: "Confessed debtors are taken as judged and therefore the constituted times of payment should be counted from the day of their confession." [Pauli Sententiae, 5.5A. 2]. And the Canons of the Apostles chapter 25 say: "Let a bishop, priest or deacon who is caught in fornication, perjury or theft be deposed, yet not deprived of communion. For Scripture says: "The Lord will not punish twice in the same matter." [Canons of the Apostles, c. 25, citing Old Latin version of Nahum 1:9]. For if he swore fidelity to God in the case, he is caught in perjury; since he removed holy property from the true God, he has admitted sacrilege, just as Pope St Anacletus, ordained priest by the blessed apostle Peter himself and afterwards made bishop as his successor in the Roman see, judged with very many bishops: "He who seizes, takes away or defrauds monies of Christ and the Church is a homicide and will be reckoned a homicide in the sight of the just Judge [God]. He who seizes money from his neighbour works iniquity. But he who takes away church money or property commits sacrilege and should be judged as sacrilegious” [Pseudo-Anacletus, J3 †15 in Pseudo-Isidore]. And St Urban, pope and martyr: "Church property and goods are called offerings, since they are offered to God and they are the vows of the faithful and the price of sinners. If anyone seizes these, he is condemned to the damnation of Ananias and Sapphira [Acts 5: 1-11], and it is proper to hand over this kind to Satan, so that the spirit may be saved in the day of the Lord” [Shortened extract from Pseudo-Urban I, JK †87, in Pseudo-Isidore]. And Pope St Lucius: "By apostolic authority, we expel seizers of church property and goods, anathematized, from the thresholds of holy church and we condemn them and judge them to be sacrilegious. And an equal punishment catches both those doing and those consenting [to the act]." [Shortened extract from Pseudo-Lucius, J3 †246 in Pseudo-Isidore] And Pope St Gregory: "It is sacrilege and against the laws if someone should try to retain what is left to venerable places for his own profits by efforts of evil will" [Gregory, Epistola 9.90 to Sabinus]. </div><div><br /></div><div> And St Augustine, by merit reckoned by the Apostolic See (through blessed Celestine) to be among the best teachers of the church, in a sermon on the Gospel of St John says: "Behold Judas is among the saints [apostles], behold Judas is a thief and You did not condemn him, a sacrilegious thief, not any ordinary kind of thief, but of the purses of God, purses, but holy. If crimes are discovered in the forum [i.e. connected to public office], he is not any ordinary kind of thief, but an embezzler of public funds. Theft from the commonwealth (<i>res publica</i>) is called "peculation". And theft of private property is not judged in the same way as theft of public property. How much more vehemently should this sacrilegious thief be judged, he who dared not to take from whatever place, but from the Church? He who steals and snatches something from the Church is compared to Judas, who was destroyed." [Augustine, Tractate on the Gospel of John 50, s. 10] And the sacred canons say about this: "Clerics and also secular men who presume to retain the offerings of their relatives or donations or things left by testament or believe that which they themselves have given to churches or monasteries may be taken away: just as the holy synod constituted, let them be excluded from churches as if killers of the poor until they should give back, and those who are excluded from churches should not be permitted to remain in their ecclesiastical grade.(4)" [Council of Agde 506, c. 4] </div><div><br /></div><div>4) If Teutfrid confesses or is convicted, and then leaving ecclesiastical judgement, should seek the palace for the sake of his defence or purgation (5), the Council of Antioch, chapter 11 should be produced: "If any bishop or priest or one subject to whatever ecclesiastical rule should go to the emperor or king, without the counsel or letters of the [church] province and especially the metropolitan, it is proper for this one to be condemned, and thrown out not only from communion but also from the honour whose holder he seems to be, since he tried to bring trouble to the ears of the venerable prince about the laws of the Church. If therefore a necessary case requires going to the prince, let this be done with the consultation and council of the metropolitan and the remining bishops who are in the same province, whose letters should accompany the traveller" [Council of Antioch 341, c. 11]. And the Carthaginian canons, chapter 9: "Whoever of the bishops, priests and deacons and clerics, when a charge is directed against him in the church, or a civil case is moved, if leaving ecclesiastical judgement, he wants to be purged by public judgement, even if the verdict is offered in his favour, let him lose his position: this is in criminal matters. But in civil matters let him lose what he has won, if he wants to keep his position" [Breuiarium Hipponense, c. 9]. And Pope St Leo and the Roman synod: "We judge that whoever, passing over the bishop of his church, comes to the judgement of seculars, will be expelled from the sacred thresholds and kept far from the heavenly altars" [Leo of Bourges, Epistula episcoporum Leonis, Uicturi et Eustochi ad episcopos et presbyteros infra tertiam prouinciam constitutos](6). </div><div><br /></div><div>5) If Teutfrid confesses or is convicted that openly or craftily (<i>ingeniose</i>) he led his supporters (<i>proximi</i>) into perjury (7) it is to be known that he is guilty of all these perjuries, as many times as he led people maliciously into perjury, and he himself has greater sin from that than those who when called by him, swore for him, just as the Lord speaking to Pilate makes clear, saying: "he who handed me over to you has the greater sin" [John 19:11]. And St Gregory in the Pastoral Rule says about people of this kind: "Prelates ought to know that if they ever perpetrate wrong deeds, they deserve as many deaths as they transmitted examples of ruin to their subjects. Whence it is necessary that they keep themselves so much more cautiously from fault, the more they not only die through the evil they do, but are guilty about the souls of others, which they destroyed by their bad example” [Pastoral Rule 3, 4]. </div><div><br /></div><div>And a priest, the more he is loftier in grade than any Christian layman you choose (<i>quolibet Christiano laico</i>), that much greater is his fault, (8) and he who is tied up in the perjury of those men is caught in their perjury and by that, according to chapter 25 of the Apostolic canons is to be judged concerning perjury. About which St Jerome, explaining the sentence of the prophet Ezekiel about the crooked oath by King Zedekiah says: "For that one was found much more faithful who believed you because of the name of the Lord and was deceived, than you who through the opportunity of divine majesty attempted a plot against your enemy, nay rather now your friend” [Jerome, Commentarii in Ezechielem, 5, 17]. Therefore, Scripture says: "I will place on his head the oath that he despised and the pact that he violated" [Ezekiel 17:19]. "For we read that the captured Zedekiah was led into Riblah where, his sons having been killed, he was blinded, and captive in a cage like a wild animal, transferred to Babylon" [Jerome, Commentarii in Ezechielem, 5, 17](9).</div><div> </div><div>Indeed, as blessed Gregory explains: "the Babylonian king is the ancient enemy [the Devil], possessor of inmost disorder, who first slaughters sons before the eyes of the watcher, since he often thus kills good works, so that he who is captive, lamenting, may see himself lose these. For very often the mind produces good things, and yet conquered by the delights of its flesh, loses the good things it lovingly produces and considers what it suffers as harms, but yet does not raise the arm of virtue against the Babylonian king. But while seeing [these losses], it is struck through by the performing of wickedness, as often as sin is practised and conducted to the state that he himself is also deprived of the light of reason. Whence the Babylonian king, having first killed his sons, snatched out the eyes of Zedekiah, since the malign spirit having first taken away good works, afterwards also takes away the light of understanding. Which Zedekiah rightly suffers in Riblah. Indeed, Riblah is interpreted "these many". For whenever also the light of reason is closed for him, he is wearied in wicked use from the multitude of his sins" [Gregory the Great, Moralia in Job 7, 28](10).
He who violates an oath in the name of the Lord suffers all these things by the just judgement of God, since as blessed Jerome says, "he who despises an oath, despises Him by whom he swears, and does injury to that one, whose name his adversary believed" [Jerome, Commentarii in Ezechielem, 5, 17]. That is the one to whom he swore in the name of Him who says: "Do not take the name of the Lord in vain, nor pollute that"(11). And "Render to God your oaths" [Matthew 5:33]. And the Psalmist says that one will be in the holy place: "who swears to his neighbour and does not deceive" [Psalm 15: 4]. </div><div><br /></div><div>6) But if he [Teutfrid] should want to say that, forced by necessity, he ordered [his witnesses] to make that oath, an oath which he was able and ought to have kept, and that therefore he is not to be held guilty of perjury (12), let him hear what St Gregory says about he who swears or anathematizes: "About someone who has to swear or anathematize and persuades you by flattery that he should not be held guilty if he violates what he swore or anathematized, since he did this unwillingly.(13) If there are those who should say that someone who anathematizes when forced by necessity is not to be bound by the bond of anathema, they themselves who say this are witnesses for themselves that they are not Christians, who reckon that they can dissolve the bonds of Holy Church by vain attempts. Since they do not regard the absolution of holy Church, which it offers to the faithful, as true if they do not reckon its bonds as valid. We should not dispute against them for any longer because in all things they are to be despised and anathematized and since they believe that they deceive the Truth, therefore they are truly bound in their sins. And both I and all the catholic bishops and the whole Church anathematize them, since they perceive contraries to the truth and speak contraries." [Gregory Ep 11, 27 to Theoctista] (14).</div><div><br /></div><div>7) But if he [Teutfrid] should say, as many are accustomed to say, that he ordered [his witnesses] to swear with trickery (<i>ingenium</i>), let him not think he can deceive the Lord by verbal art, to whom nothing is hidden and who considers not what someone may swear, but what the one to whom it was sworn reckoned it, who believed the oath of his supporters (<i>proximi</i>) . As the catholic doctors say, he who swears through fraud is first guilty towards God, whose name he has taken in vain, against the precept of the law and then towards his neighbour, whom he reckons to deceive by black fraud, as the Psalmist says, since "The innocent in his hands and with a clean heart, who does not swear by fraud to his neighbour will receive a blessing from the Lord" [Psalm 24: 4-5]. But he is also guilty towards himself, "he who takes his soul in vain" [adapted from Psalm 24:4], as the Psalmist says against this (15). </div><div><br /></div><div> NOTES </div><div><br /></div><div>(1) Hincmar frequently cited phrases from Gregory the Great's letters on legal procedure in cases involving clerics: see e.g. <i>The Divorce of King Lothar and Queen Theutberga</i> (trans. Stone and West), Response 22, pp. 271-272. </div><div><br /></div><div>(2) The letter's references to Teutfrid having allegedly confessed or been convicted imply that he has not yet definitively been judged about the theft (and hence there is a need for Hincmar's advice). It is likely, however that some initial church judgement had been made, which Teutfrid was now attempting to appeal. </div><div><br /></div><div>(3) Emma (c. 810-876) was the wife of King Louis the German of East Francia (reigned 843-876). The donation of her tunic to a church (either before or after her death) may have been part of developing a cult of her. The inscription on a belt she gave to Bishop Witgar of Augsburg implies that she was practising some kind of chaste marriage by the late 850s: see Eric J. Goldberg, "Regina nitens sanctissima Hemma: Queen Emma (827-876), Bishop Witgar of Augsburg, and the Witgar-belt," in <i>Representations of power in medieval Germany 800-1500</i>, ed. Björn Weiler and Simon MacLean (Brepols, 2006), 57-95. It is also possible that the tunic was a votive offering, connected to the severe illness which affected Emma in 874 (a stroke which left her unable to speak). </div><div><br /></div><div>(4) The final clause about “those who are excluded from churches” is not from the Council of Agde. </div><div><br /></div><div>(5) Purgation involved the defendant and his supporters (oath-helpers) swearing solemn oaths about his innocence. </div><div><br /></div><div>(6) On this mid-fifth century text, see Charles West, "Pope Leo of Bourges, clerical immunity and the early medieval secular", <i>Early Medieval Europe</i> 29 (2021), :86-108. </div><div><br /></div><div>(7) This probably refers to false oaths made by oath-helpers, rather than witnesses. </div><div><br /></div><div>(8) This is one of Hincmar's most striking claims of the superiority of any priest (not just a bishop) over all laymen (including implicitly, rulers). </div><div><br /></div><div>(9) Zedekiah was the last king of Judah, who after being installed by King Nebuchadnezzar, revolted against him. He was captured, blinded, and taken to Babylon (2 Kings: 24-25). According to Ezekiel 17: 12-19 Zedekiah had sworn a treaty on oath with Nebuchadnezzar and then broken it. Hincmar sees oath-breaking as closely linked to perjury, since it implies that the original oath was not made sincerely. </div><div><br /></div><div>(10) Hincmar's reason for including this passage is not clear: by equating Nebuchadnezzar with the devil, the implication is that Zedekiah should not have kept his oath to him, whereas he has just cited Jerome saying that he should. </div><div><br /></div><div>(11) This phrase is based on Exodus 20:7. </div><div><br /></div><div>(12) The logic here is hard to follow but possibly reflects Hincmar’s own worries about perjury more than expected objections by Teutfrid. The phrase “forced by necessity” may imply that at an initial hearing, church authorities made Teutfrid swear an oath to produce oath-helpers at a subsequent hearing. Was an ecclesiastical court itself forcing the defendant to choose between oath-breaking and perjury, or even encouraging perjury? Hincmar’s own response, that a coerced oath must still be kept, does not deal with this further problem. </div><div><br /></div><div>(13) This first sentence of the quotation is not in Gregory's letter: it may be a gloss or heading in an earlier manuscript with an extract from the letter. </div><div><br /></div><div>(14) Theoctista was sister to the Byzantine emperor Maurice. A translation of the letter is given in <a href="Epistolae">https://epistolae.ctl.columbia.edu/letter/1232.html</a> </div><div><br /></div><div>(15) This section has many similarities to <i>Divorce of King Lothar</i>, (trans Stone and West) Response 6, p. 150, in which Hincmar cites a poem by Theodulf of Orléans making the same two points: that God hears how an oath is received by the recipient and that a misleading oath makes someone guilty towards both God and the one to whom he swears.
</div>Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-88883071739791072682022-01-08T03:10:00.002-08:002022-01-08T03:18:26.576-08:00On punishing and rooting out the abduction (raptus) of widows, girls and nuns (Part 2: appendix of excerpts)<p> </p><p class="MsoNormal"><b><span style="font-family: "Times New Roman",serif; font-size: 12pt;">Excerpts
from sacred canons and the deeds of the holy fathers about the religious life of
nuns (<i>cultus sanctimoniae</i>) and about the constancy of declaring the
truth<o:p></o:p></span></b></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the decrees of Pope Siricius, chapter 4: That it is not allowed to obtain the
betrothed of another man according to the laws of marriage</span></p>
<p class="MsoNormal"><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">But
about marital violation you asked, if one could take the betrothed girl of
another in marriage. We prohibit by all means that this should happen: since
the blessing which the priest places on the girl to be married is like a
certain sacrilege for the faithful, if it is violated by any transgression.<a href="#_ftn1" name="_ftnref1" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[1]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; font-size: 12pt;">In
the council of Ancyra, chapter 10, about betrothed girls corrupted by others.</span></p>
<p class="MsoNormal"><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">It
pleases that girls who have been betrothed, and afterwards taken by others, should
be plucked up and restored to those to whom they had been betrothed first, even
if force should have been inflicted on them by the abductors.<a href="#_ftn2" name="_ftnref2" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[2]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the decrees of Pope Innocent, chapter 20. About non-veiled virgins, if they
should deviate.</span></p>
<p class="MsoNormal"><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">Those
who are not yet covered by the sacred veil, yet who have simulated that they will
always remain in the virginal intent although they are not veiled: if perhaps
they should marry, penance is to be done by these for some time, since their
solemn promise (sponsio) was held by the Lord. For if a contract of good faith between
men is not accustomed to be dissolved without reason, how much more ought that
promise which they agreed with God not to be dissolved without punishment? For if
the apostle Paul said that those who had departed from the intent of widowhood had
condemnation, since they had made original faith invalid, how much more do virgins
who have tried to break their original promise of faith?<a href="#_ftn3" name="_ftnref3" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[3]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the decrees of Pope Leo, chapter 27. That those who, not forced but by their own
will, have received the way of life of virginity, offend if they marry, even if
they have not yet been consecrated.</span></p>
<p class="MsoNormal"><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">Girls
who have received the way of life and habit of virginity, not forced by the
command of parents, but by their free will decision: if afterwards they should
choose marriage, they are prevaricating, even if the grace of consecration
should not yet reached them: whose gift they would not be cheated of if they were
to remain in their way of life.<a href="#_ftn4" name="_ftnref4" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[4]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; font-size: 12pt;">Again
of the same Pope Leo to Rusticius. About girls who are now consecrated; if
afterwards they should marry, they admit a double crime of both way of life and
consecration.</span></p>
<p class="MsoNormal"><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">About
these who are now consecrated, if they should marry afterwards, it cannot be doubted
that a great crime is admitted, where both the way of life is forsaken and the
consecration is violated. For if human pacts cannot be violated with impunity,
what will happen to those who break the faith of divine sacrament?<a href="#_ftn5" name="_ftnref5" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[5]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the decrees of Pope Gelasius, chapter 20. That these who associate themselves
with holy virgins, and unite in incestuous pacts, cannot communicate, unless
they do public penance.</span></p>
<p class="MsoNormal"><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">But
we have learned that certain men dare to associate themselves with holy virgins
and after a way of life dedicated to God, they mix incestuous crime with sacrilege.
It is just that these forthwith should be expelled from Holy Communion and not received
in any way unless through public and proved penance: but if they are passing
away from the world, certainly the viaticum, if yet they should be penitent, is
not denied to them.<a href="#_ftn6" name="_ftnref6" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[6]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the decrees of Pope Siricius, chapter 6: about monks and virgins not preserving
the way of life.</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">Moreover,
you attest that certain monks and nuns, having cast away the way of life of
sanctity, are sunk in such great wantonness that first secretly, as if under
the pretext of monasteries, they mix themselves with illicit and sacrilegious
contagion, and afterwards, led into a steep descent by desperation of
conscience, they willingly procreate sons from illicit embraces. This both
public laws (leges) and ecclesiastical laws (iura) condemn. We order these shameless
and detestable persons to be eliminated from the company of monasteries and the
meetings of churches: so that thrust back in their workhouses, weeping for such
a crime with continuous lamentation, they may be able to boil away with the purifying
fire of penance, so that by consideration of mercy, pardon may be able to
relieve them through the grace of communion only at their death.<a href="#_ftn7" name="_ftnref7" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[7]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><span style="font-family: "Times New Roman", serif; font-size: 12pt;">Again
from the Council of Blessed Pope Gregory</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">Gregory
the apostolic Pope spoke before the body of the venerable prince of the apostles
of Christ to declare this judgement. If someone should take in marriage a nun,
whom they call a handmaid of God, may he be anathema. And they all replied
thrice, may he be anathema.</span></i><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> <i>If someone should take in marriage his spiritual co-mother,
may he be anathema. And they all replied thrice, may he be anathema. If someone
should take in marriage the wife of his brother , may he be anathema. And they
all replied thrice, may he be anathema. If someone should take in marriage a
cousin (consobrina), may he be anathema. And they all replied thrice, may he be
anathema. If someone should take in marriage a wife from his own cognatio, or
whom a cognatus has married, may he be anathema. And they all replied thrice,
may he be anathema. If someone should steal a widow as wife, even with her
consenting to it, may he be anathema. And they all replied thrice, may he be anathema.
If someone should steal a virgin as wife whom he should not have betrothed to
himself, even if she consented to it, may he be anathema. And they all replied
thrice, may he be anathema. I, Gregory the Bishop of the Holy Catholic and
Apostolic Church of Rome signed these things constituted and promulgated by us.
And twenty-two other bishops, fourteen priests and fifty deacons signed.<a href="#_ftn8" name="_ftnref8" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[8]</span></b></span></span></a></i></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the Council of Orléans I, chapter 2</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">But
about abductors we reckon this to be constituted, that if an abductor should
flee to a church with an abducted woman, and it should be known that the same
woman has suffered violence, at once she is to be liberated from the power of
the abductor, and let the abductor, after immunity from death or punishments has
been conferred upon him, be subject to the condition of serving or let him have
free ability of redeeming himself. If indeed she who is abducted is known to
have a father and the girl consented to the abductor, let her be excused and returned
to the power of the father, and let the abductor be held liable to be punished
by the father in satisfaction of the above condition.<a href="#_ftn9" name="_ftnref9" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[9]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the Council of Valence, chapter 2. About girls devoted to God, if they should
pass over into earthly marriage, that they handed over to penitence</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">Indeed
about girls who should vow themselves to God, if they should voluntarily pass
over into earthly marriage, we have decreed it is to be maintained that penance
is not immediately given to these, and when it has been given, unless they have
fully satisfied God in as much as reason should demand, their communion should
be delayed.<a href="#_ftn10" name="_ftnref10" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[10]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the Council of Elvira, chapter 13. About virgins consecrated to God, if they commit
adultery</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">If
virgins who have devoted themselves to God lose their pact of virginity and preserve
the same desire, not understanding what they should have lost, it pleases that
communion not be given to them in the end. If women of this kind, once persuaded
or marred by the lapse of an infirm body, do penance for their whole lives, so
that they abstain from the intercourse by which they seemed rather to have lapsed,
it pleases that they ought to receive communion in the end.</span></i><a href="#_ftn11" name="_ftnref11" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[11]</span></span></span></span></a></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the Council of Toledo I, chapter 16. If a devoted woman should commit adultery,
let her do penance for ten years. If she should take a husband, she is not to
be permitted to penance, unless her husband dies.</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span style="mso-spacerun: yes;"> </span></span><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">The
sinning devoted woman is not to be received in church, unless she should cease
to sin, and if ceasing she should do suitable penance for ten years, thus she
may receive communion. And first admitted into the church for prayer, let her not
approach the company (convivium) of any Christian woman, and if she is admitted,
let her who received her be held at a distance. Also let an equal punishment constrain
the corrupter. But she who receives a husband is not to be admitted to penance
unless she begins to live chastely, while her husband is still living or after he
has died.<a href="#_ftn12" name="_ftnref12" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[12]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the Council of Toledo IV, Chapter 56. About the distinction between secular and
holy widows.</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">There
are two kinds of widows: seculars and nuns. Secular widows are those who are still
arranging to marry and have not put down the lay habit. Nuns are those, who have
now changed the secular habit and have appeared with religious practice
(cultus) in the sight of a priest or church. If these go over to marriage,
according to the Apostle they will not be without condemnation: since vowing themselves
first to God, afterwards they have thrown away the intent of chastity.<a href="#_ftn13" name="_ftnref13" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[13]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><span style="font-family: "Times New Roman", serif; font-size: 12pt;">From
the Council of Toledo X, chapter 5.</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">For
all women who are now shown to have dressed in religious clothing in the past,
let no objection of opponents be able to be an excuse, although they may want to
represent themselves with diverse or cunning arguments of fallacy, but let a holier
discipline hold them and subjugate them, bound to very sacred sanctions. Let
them be clearly warned by the authority of the priest, so that they willingly return.
If they do not wish to return, let them be led back to the habit of religion by
the insistence of the priest, and after they are returned to the monasteries,
let them be held with the sentence of worthy excommunication.<a href="#_ftn14" name="_ftnref14" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><b><span style="font-size: 12pt;">[14]</span></b></span></span></a></span></i></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><span style="font-family: "Times New Roman", serif; font-size: 12pt;">In
the edicts of the very pious emperors</span><a href="#_ftn15" name="_ftnref15" style="font-family: "Times New Roman", serif; font-size: 12pt;" title=""><span class="MsoFootnoteReference"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[15]</span></span></span></a></p>
<p class="MsoNormal"><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span></i><i><span style="font-family: "Times New Roman",serif; font-size: 12pt;">If
anyone enters in a holy church to celebrate the divine mysteries or other holy
mysteries and injures a bishop or clerics or other ministers of the church, we
order that, subjected to torture, he should die in exile. But also if someone
should disturb the holy prayers or divine mysteries in any way, let him be punished
with capital punishment. This also is to be observed in the litanies
[processions], in which bishops or clerics are found. So that if someone should
make a disturbance, let him be dealt with through torture and exile: but if he should
disturb the litany, let him submit to capital punishment. For we want not only all
places dedicated to God to be free from all incursion, but much more all their bishops
and clerics to be very safe from all danger: so that whoever, governor
(praeses) or judge or military man (militaris), if he should dare to raise his hand
or insult them, he should be able to expiate that by no manner other than
either permanent exile or blood.</span></i></p>
<div style="mso-element: footnote-list;"><!--[if !supportFootnotes]--><br clear="all" />
<hr align="left" size="1" width="33%" />
<!--[endif]-->
<div id="ftn1" style="mso-element: footnote;">
<p class="MsoFootnoteText"><a href="#_ftnref1" name="_ftn1" style="mso-footnote-id: ftn1;" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt; mso-ansi-language: EN-GB; mso-bidi-language: AR-SA; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">[1]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "Times New Roman",serif; font-size: 12pt;"> Klaus Zechiel-Eckes
and Jasper Detlev, <i>Die erste Dekretale: der Brief Papst Siricius' an Bischof
Himerius von Tarragona vom Jahr 385 (JK 255)</i> (Hahnsche Buchhandlung, 2013),
c. 4, pp. 90-92.<o:p></o:p></span></p>
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref2" name="_ftn2" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[2]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Canons of the Council
of Ancyra 314, edited by Cuthbert Hamilton Turner, <i>Ecclesiae Occidentalis
monumenta iuris antiquissima: Canorum et conciliorum graecorum interpretationes
latinae</i>, 2 vols (Clarendon Press, 1899-1939), vol 2, pp. 82-83.</span></p></div><div id="ftn2" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref3" name="_ftn3" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[3]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Letter of Innocent
I to Bishop Victricius of Rouen (Patologia Latina 20, col. 480).</span></p></div><div id="ftn3" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref4" name="_ftn4" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[4]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Letter of Leo I
to Rusticus of Narbonne (Patrologia Latina 54, col. 1208).</span></p></div><div id="ftn4" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span style="mso-spacerun: yes;"> </span></span><a href="#_ftnref5" name="_ftn5" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[5]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> This canon is in
some manuscripts transmitting Leo's letter: see Patrologia Latina 54, col. 1208
notes.</span></p></div><div id="ftn5" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref6" name="_ftn6" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[6]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Letter of Gelasius
to the bishops of Lucania, Bruttium and Sicily, edited by Andreas Thiel, <i>Epistolae
Romanorum Pontificum genuinae et quae ad eos scriptae sunt a S. Hilario usque
ad Pelagium II. Tomus 1: A S. Hilario usque ad S. Hormisdam: Ann. 461-523</i>
(Edward Peter, 1868), pp. 373-374.</span></p></div><div id="ftn6" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref7" name="_ftn7" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[7]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Zechiel-Eckes and
Detlev, <i>Die erste Dekretale</i>, c. 6, p. 94.</span></p></div><div id="ftn7" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref8" name="_ftn8" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[8]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Council of Rome
721, ed. G. D. Mansi, Sacrorum conciliorum nova et amplissima collection,
volume 12 (Florence, 1746), cols 263-264.</span></p></div><div id="ftn8" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref9" name="_ftn9" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[9]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Council of Orléans
511, c. 2, ed. Carlo de Clercq, Concilia Galliae a. 511–695, CCSL 148A (Brepols,
1963). p. 5.</span></p></div><div id="ftn9" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref10" name="_ftn10" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[10]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Council of
Valence 374, c. 2, ed. Charles Munier, <i>Concilia Galliae a. 314–a. 506</i>,
CCSL 148 (Brepols, 1963), p. 39.</span></p></div><div id="ftn10" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref11" name="_ftn11" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[11]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Council of Elvira,
c. 13, ed. José Vives, <i>Concilios visigóticos e hispano-romanos</i> (Consejo
Superior de Investigaciones Científicas, Instituto Enrique Flórez, 1963), p. 4.</span></p></div><div id="ftn11" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref12" name="_ftn12" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[12]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> First Council of
Toledo, 400, c. 16, ed. Vives, <i>Concilios visigóticos e hispano-romanos</i>, pp.
23-24.</span></p></div><div id="ftn12" style="mso-element: footnote;">
<p class="MsoNormal" style="mso-layout-grid-align: none; text-autospace: none;"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><o:p> </o:p></span><a href="#_ftnref13" name="_ftn13" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[13]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Fourth Council of
Toledo, 633, c. 56, ed. Vives, <i>Concilios visigóticos e hispano-romanos, </i>p.
210.</span></p></div><div id="ftn13" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span style="mso-spacerun: yes;"> </span></span><a href="#_ftnref14" name="_ftn14" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[14]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> Tenth Council of
Toledo 656, c. 5, ed. Vives, <i>Concilios visigóticos e hispano-romanos</i>, p.
212.</span></p></div><div id="ftn14" style="mso-element: footnote;">
<p class="MsoFootnoteText"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span style="mso-spacerun: yes;"> </span></span><a href="#_ftnref15" name="_ftn15" title=""><span class="MsoFootnoteReference"><span style="font-family: "Times New Roman",serif; font-size: 12pt;"><span class="MsoFootnoteReference"><span style="font-size: 12pt;">[15]</span></span></span></span></a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> A quotation from the
<i>Epitome Iuliani</i>, no. 115, c. 52, ed. Gustav Haenel, <i>Iuliani epitome
latina Novellarum Iustinian</i> (Leipzig, 1873), p. 159.</span></p></div>
</div>Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-13442009957291351622022-01-08T02:41:00.006-08:002022-01-08T04:24:26.482-08:00On punishing and rooting out the abduction (raptus) of widows, girls and nuns (Part 1: main text)<div><br /></div>A draft translation of <i>De coercendo et exstirpando raptu viduarum, puellarum ac sanctimonialium</i>, Patrologia Latina 125, col. 1017-1036 by Rachel Stone, with the assistance of Charles West <div><br /></div><div><i>This text is about the practice of marriage by abduction: that is, when a man carries off a woman without her relatives’ consent (and sometimes, though not necessarily, without hers). It was written by a group of Carolingian bishops, and addressed to a Frankish king, probably Charles the Bald. The authors of the text are not named, but it is clear from the style and texts cited that Hincmar of Reims was heavily involved. The text is not dated, but it was probably written before 860 CE, since Hincmar’s treatise, On the Divorce of King Lothar and Queen Theutberga, written in that year, draws on it as a source. The text survives only in the early modern edition by Jean Busée in 1605; its modern title was invented by Jacques Sirmond in his re-edition of 1645. </i></div><div><i><br /></i></div><div><i>For detailed commentary on the text, see Rachel Stone, ‘The invention of a theology of abduction: Hincmar of Rheims on Raptus’, Journal of Ecclesiastical History 60 (2009), 443-448 (DOI: 10.1017/S002204690900894X) and Sylvie Joye, ‘Family order and kingship according to Hincmar’, in Rachel Stone and Charles West (eds.), Hincmar of Rheims: life and work (Manchester University Press, 2015) pp. 190-210 (DOI:10.7228/manchester/9780719091407.003.0010).</i> </div><div><br /></div><div>To the most Christian, glorious and most pious lord ruler [King Charles], we the humble servants of Christ, the bishops of the Gauls and the Germanies, for the sake of the worship (<i>cultus</i>) and the sanctity of the house of the Lord, which is the Church of the true God, the column and firmament of truth [, send greetings]<a href="#fn1" id="ref1">[1]</a>. </div><div><br /></div><div> 1). We who have been chosen in these very final and very perilous times for the ministry and governance of the churches of God, although unworthy and least, are all compelled by very great and grave necessity, so that with common intention and zeal, as much as God gives the ability, we may vigilantly and strenuously take care of the endangered flock of the Lord, which slips more wretchedly from day to day with both new plots and attacks of the ancient enemy [the Devil]. </div><div><br /></div><div>For although the temporal power of the kingdom seems to be divided by divine judgement in this kingdom of Christians to the present, yet there is one Church in all and from all with the Lord Christ’s protection, one Lord, one faith, one chosen people (g<i>enus electum</i>), one royal priesthood, one holy people (<i>gens sancta</i>), one people (<i>populus</i>) of acquisition, which the Lord and Saviour Himself called from the shadows into His wonderful light <a href="#fn2" id="ref2">[2]</a>. For their acquisition and perpetual unity He deigned even to taste death, as the evangelist says: <i>Since Jesus was going to die for the people, and not only for the people, but so that he might gather together in one the sons of God who had been dispersed</i> (John 11: 51, 52). Hence also He himself spoke from wonderful merit: <i>Just as the Father knows me and I know the Father and I lay down my life for my sheep. And I have those who are not from this sheepfold, and I must bring them too, and they shall hear my voice, and there shall be one sheepfold and one pastor</i> (John 10: 15, 16). </div><div><br /></div><div>Since therefore the whole people of God, redeemed and united at such a price, is one flock under one shepherd, and all the shepherds of this flock ought through unity of faith and unanimity of solicitude to be as one shepherd, under one and in one Prince of shepherds, it is very necessary that they are united in such love, and joined with such association of spirit, that they may very willingly share and carry each other's burdens, and that there may be present daily care of all churches by them, so that if one limb suffer something, all the limbs may suffer together, or if one limb rejoices, all the limbs may rejoice a <a href="#fn3" id="ref3">[3] </a>. For this solicitude, always present in the blessed Apostles and in the successors of the blessed Apostles, that is in the rectors of the churches of God, made one flock of the Lord love with one mind and serve with unanimous devotion one defence of religion, one mother Church. </div><div><br /></div><div>2) Therefore, we beg your most Christian piety and glorious sublimity, that you [respect] the religiously constituted ministers of God's Kingdom, the rectors of the Christian people, and the preservers and defenders of divine religion and ecclesiastical sanctity, and that you listen in honour of divine fear and dread of future judgement to those things suggested for emendation, for the salvation of the souls of the faithful and the preservation and tranquillity of the Christian kingdom. And that you may examine these things that you have heard with just judgement, and that you may restrain what you have examined with suitable severity. </div><div><br /></div><div>For nothing more exasperates the wrath of omnipotent God and perturbs the peace of the kingdom than contempt of divine laws, abuse of paternal authority and profanation of ecclesiastical cleanliness and sanctity. Whence God himself speaks against the impious despisers of his laws, saying: <i>And you have forgotten the laws of your God, I also will forget your sons</i> (Hosea 4: 6). About these things it is also written elsewhere: <i>But they mocked the messengers of God and they took their words for little, until the fury of the Lord ascended against His people and there was no remedy</i> (2 Chronicles 36: 16). Therefore, let the law of God always return to memory, and do not let the messengers of God be spurned or mocked, namely the ancient holy fathers, about whom the Lord himself in the gospel says: <i>He who hears you hears me and he who spurns you spurns me</i> (Luke 10: 16). </div><div><br /></div><div>Let Holy Mother Church have you as a pious guard and defender of modesty and chastity. The omnipotent God demands these from her [the Church] so much that the apostle bears terrifying witness, saying: <i>Follow peace with all and sanctity, without which no one will see the Lord</i> (Hebrews 12: 14). And again: <i>Do you not know that you are a temple of God and the Holy Spirit dwells in you? But if anyone should violate the temple of God, God will destroy him. For the temple of God, which you are, is holy</i> (1 Corinthians 3: 16). And again: <i>Do you not know that your bodies are limbs of Christ? Shall I therefore take the limbs of Christ, and make them the limbs of a prostitute? May that not happen</i> (1 Corinthians 6: 15). And again: <i>And you are not your own: for you were ransomed by a great price. Glorify and bear Christ in your body (1 Corinthians 6: 19-20). That [body] is the temple of God and the home of the living God, about which it is written: O Lord, holiness adorns your house in the length of days</i> (Psalm 93: 5). About this the blessed patriarch Jacob, who is given the surname Israel, also says in mystical praise: <i>This is nothing other than the house of the Lord and the door of heaven</i> (Genesis 28: 17). That is to say, now it [the body] has the Lord as an inhabitant, and after the present life it passes from the world to heaven. </div><div><br /></div><div>3) For the sake of this sanctity and cleanliness from diabolical contagion, the Church is loved by Christ, provided for by His passion, and purged and expiated by the font of baptism, as the Apostle testifies, saying: <i>Christ loved the Church and handed himself over for her, cleansing her by the font of water in the word of life so that he might present to himself a glorious Church, not having stain or wrinkle or anything of that kind: but so that it should be holy and immaculate</i> (Ephesians 5: 25-27). Whoever therefore truly desires to be a son of this mother, a limb of this body, a part of this temple, let him hear and faithfully obey the same Apostle, admonishing and saying: <i>For you are a temple of the living God, just as the Lord says: ‘I will dwell in them and walk among them and I will be their God and they will be my people’</i> (2 Corinthians 6: 16). And a little after: <i>Therefore, having these promises, dearly beloved, let us cleanse ourselves from all iniquity of flesh and spirit, perfecting sanctification in the fear of God</i> (2 Corinthians 7: 1). It is from such limbs and living stones that the city of the great King is constituted, the newly-married bride of the Lamb, about which it is read in the Apocalypse: <i>Blessed are those who wash their robes, so that they may have a right to the tree of life and they may enter into the city by the gates; outside are dogs and the unchaste and sorcerers, and everyone who loves and makes lies</i> (Revelation 22: 14-15). </div><div><br /></div><div>Not only should bishops and priests in their seats very faithfully love and be zealous about the grace of this glorious house of God and the place of the habitation of His glory, but so should kings in their kingdoms and palaces, and the kings’ counts in their cities, and the counts’ deputies (<i>vicarii</i>) in their areas (<i>plebes</i>), and all the married men (<i>patres familias</i>) in their households (<i>domus</i>), united, rich and poor, in their minds and deeds <a href="#fn4" id="ref4"> [4]</a>. The Apostle especially exercised this zeal and commended it to be exercised by us by his example, saying: <i>For I am jealous of you with the jealousy of God, for I have betrothed you to one man that I may present you as a chaste virgin to Christ</i> (2 Corinthians 11: 2). About this the Lord himself also says in the Psalm: <i>The zeal of your house has eaten me up</i> (Psalm 69: 9). This zeal He exercised so terribly that He expelled the profaners of the house of the Lord not by words, by which He used to put even demons to flight, but by hand and whip, along with their offerings and sacrifices which they were seen to be preparing (John 2: 14-17). </div><div><br /></div><div>4) We beg therefore that your piety, born from this holy mother and made an imitator of the Saviour himself, by whose mercy it is both secured and exalted, may also take hold of zeal of the house of the Lord. And may it be jealous with the jealousy of God, coercing, rooting out, and exterminating with the whip of just severity the very impudent audacity of certain people who, deriding the laws of God and despising the authority of the most holy fathers, without any reverence for divine or human modesty, do not fear, as if brutish and irrational beasts of burden, to violate the temple of God, which is the sanctity of the faithful, and to attempt as much as they are able to destroy under their heels and to overthrow the altar of God itself, which is the priestly ministry appointed to Him and dedicated to His worship. </div><div><br /></div><div>For in several parts of this realm, because of their public attacks, neither is the pitiable desolation of widows allowed legitimate freedom, nor are daughters of girlish age who are living in their parents’ homes allowed in any way to be honoured with matronly marriage (<i>nuptiae matronales</i>), according to divine and human laws and with the authority and wishes of the same parents <a href="#fn5" id="ref5"> [5]</a>. And even the appointed devotion to God of nuns too is dissolved and profaned, contrary to the profession of sanctity and reverence of divine consecration. Thus formerly that old enemy of humankind polluted the gold and silver vessels of the house of God through Belshazzar the impious and sacrilegious king (Daniel 5): now through the profane insolence and impiety of these people, he does not cease to stain things much more precious and dear to God, and to subject them to the mockery and insults of demons. These public abductors (<i>raptores</i>) and plunderers, with companions (<i>satellites</i>) and fellows (<i>socii</i>) of their impiety, are not devastating someone's external possessions or fortune (<i>substantia</i>), but are pillaging the family (<i>familia</i>) of omnipotent God Himself. </div><div><br /></div><div>With these people it certainly does not befit to eat together, just as apostolic authority prescribes about all the rapacious (1 Corinthians 5). Amongst those, these people obtain the first place, that is these abductors of widows and girls and nuns, despisers of priests, violators of the temple of God, who do not fear that apostolic statement: <i>But if anyone should violate the temple of God, God will destroy him</i> (1 Corinthians 3: 17). And rightly, if they were to burn or to destroy some temple of God made by hand from wood and stone, they would be judged by all as sacrilegious and needing to be punished; how much more should they be judged who do not fear to subvert and destroy the temple of the living God, when they believe a marriage (<i>conjugium</i>) can be made out of abduction (<i>raptus</i>), and legitimate marriage (<i>matrimonium</i>) from iniquitous <i>contubernium</i>, which no law, no custom of humanity, has ever permitted? For in the beginning of the world God made male and female for the propagation of humankind and joined them with his blessing, saying: <i>Increase and multiply</i> (Genesis 1:28). </div><div><br /></div><div>5) In imitation of this, Holy Church also kept [this custom] solemnly and venerably in former times, joining with divine benediction and celebration of masses these who were to be joined in marriage (<i>coniugium</i>), just as in God’s paradise. This honest and religious joining, begun by God as Author and confirmed by His blessing, is preserved by legitimate order and natural law even among peoples (<i>gentes</i>) who have received no [divine] law and have had no knowledge of God. Nor has a matter of peace, charity and concord ever been made licit through discord and violence and impiety. The public laws of the Romans, through which they constituted the whole earth to live under their domination, testify to this. In these laws it is clearly ordered that both male abductors and female abductees (if they gave consent to them, whether before or after the abduction) should be punished with the ultimate penalties. The assistants and ministers of the abductors would be burnt up entirely with fire, and the mouths of procurers and mediators of such a great crime were condemned to [drink] liquid and boiling lead. Nor in any way was a woman who complained she had been abducted able to be excused, if she neither took care to guard herself when she went to sleep, nor demanded the help and aid of neighbours by shouting <a href="#fn6" id="ref6"> [6]</a>. This miraculously agrees with divine law, in which a betrothed girl, if she should be seized by someone in a city, is ordered to be stoned, since she did not call out, although she was in the city, where she would have been able to be freed either by the crowd of citizens or by the support of servants (Deuteronomy 22: 24). Hence also that blessed Susanna is praised, whom her parents had taught according to the law of Moses, since they were just: because when she was washing alone in the orchard of her husband, not only did she not offer the evil elders assent to adultery, but she also cried out with a loud voice, so that the slaves of the house heard and helped, and thus she could be protected from the impiety of the impious, just as happened (Daniel 13: 24). </div><div><br /></div><div>6) But the law of God wanted the covenant and tie of marriage, instituted by parental authority and legitimate request, to be so holy and inviolable that He confirmed a betrothed girl to be the wife of him to whom she is betrothed, even before the joining of marriage (<i>nuptiae</i>), saying: <i>If a man should betroth a virgin girl and someone should find her in the city and should sleep with her, you will lead both to the gate of that city and they will be stoned, the girl since she did not call out although she was in the city, the man since he humiliated the wife of his neighbour</i> (Deuteronomy 22: 23-24). Whence it is that in the gospel too, it was said through the angel to Joseph about the blessed and glorious mother of God Mary, when she was betrothed to him: <i>Joseph, son of David, do not fear to receive Mary as your wife</i> (Matthew 1: 20). And in the prophet Hosea, if betrothed girls are violated by others, they are proclaimed to be adulteresses, with the Lord saying: <i>I will not punish your daughters, although they have fornicated, nor your betrothed although they committed adultery</i> (Hosea 4: 14). But the law of God compares these abductors and oppressors and violators to bandits and homicides and orders them to be killed, where it is said about the girl who should be seized violently in a field, saying: <i>But if in a field a man should meet with a girl who is betrothed and taking her should sleep with her, he himself alone will die, and the girl will suffer nothing, nor is she guilty of death. Since just as a thief rises up against his brother, so that he may slay his soul, thus also the girl endured: she was alone in the field and cried, and there was no one present who might have freed her</i> (Deuteronomy 22: 25-27). </div><div><br /></div><div>7) Let those who are of this kind therefore recognise that they are bandits, homicides, killers of souls and worthy of death. Nor is there any difference between those who perpetrate such great violence in the fields, and those who commit similar things with a crowd and weapons, whether in cities or in roads or homes: except that the former are like bandits who secretly lie in ambush in woods and deserted places, the latter like the very atrocious and open plunderers, who are troublesome and dangerous to cities in either nightly silence or clear daylight. When they obtain marital joining neither by order of divine law, nor by the authority of parental will nor by piety of clerical holiness, and moreover by the authority of the canons they have deserved public excommunication instead of priestly blessing, by what impudence do they want this sacrilege to be seen as marriage (<i>coniugium</i>), and brigandry as marriage (<i>matrimonium</i>), and violence as piety? For no one can build a building without a foundation, and with the root removed from the tree, in no way will green branches sprout. And let it by no means be said about this kind of, not legitimate marriage (<i>connubium</i>) but adulterous cohabitation (<i>contubernium</i>), what the Lord and the Gospel said: <i>What therefore God has joined let man not separate</i> (Matthew 19: 6), but rather: What man has impiously and improperly joined, God will disunite by his just ruling. </div><div><br /></div><div>These are the people who through their violence and power, after contempt of omnipotent God, also despise the Church of God, despise the priests of God, having no reverence for the excommunication of Christ, who conferred this power on the ministers and rectors of his Church, saying: <i>Which if he should not hear the church</i>, that is whoever is presumptuous and contumacious, <i>let him be to you like a heathen and a publican</i>. And He immediately added under: <i>Amen, I say to you, since whatever you should bind on earth, it will be bound also in the heavens</i> (Matthew 18: 17--18). On the contrary, these people, disobedient to the Church, and for this to be considered heathens and publicans, and excommunicated by temporal judgement, violently enter churches and do not fear to injure divine mysteries, and they try to adhere to the religion of Christianity, not by humility and piety and obedience, but by contumacy and wickedness. They do not recognize that it is written, as the Lord Christ himself says, <i>He who is proud will not dwell in the midst of my house, and I hate those prevaricating</i> (Psalm 101: 7, 3). And again: <i>God resists the proud but gives grace to the humble</i> (James 4: 6). And: <i>Though the Lord be high, he respects the humble and knows the proud from afar</i> (Psalm 138: 6). For if they were to deign to consider this, they would lay down their pride and would take care to merit by pious humility that which Scripture promises elsewhere, saying: <i>The Lord is nigh to those who are of troubled heart, and He will save the humble in spirit</i> (Psalm 34: 18). And the apostle James thus admonishes how each individual may be able both to be separated from the devil and to approach God: <i>Therefore be subjected to God, but resist the devil and he will flee from you. Approach the Lord and he will approach you. Cleanse your hands, you sinners, and purify your hearts, you double-minded people. Be wretched and mourn and weep. May your laughter be converted into mourning and your joy into mourning. Be humble in the sight of the Lord and he will exalt you</i> (James 4: 7-10). </div><div><br /></div><div>8) But now when they violently rush into churches, when they improperly and with indiscipline mix themselves with the crowd of the faithful, when they threaten the priests themselves with death unless they celebrate the divine mysteries in their presence – what else do they do except stab themselves with their own sword twice over, by despising ecclesiastical justice and by profaning the mysteries of the holy altar? Just as these mysteries advance the faithful and humble and pious towards a remedy, so they advance the despisers and the impudent towards judgement and torment. </div><div><br /></div><div>With these are also to be associated those stupid and improper people, who, although excommunicated by some churches and priests, believe they can fraudulently take communion in other churches and before other priests. It ought to be very certainly clear to all the faithful, that in the whole world, in cities and peoples (<i>populi</i>), there is only one Church of Christ, and one altar of Christ, and one sacrifice, which everywhere is constituted and offered to one God and one religion. Therefore no one in any way can be excommunicated in one part, and take communion in another part; rather, when he has merited to be separated in one church, in absolutely none will he be able to be associated, except through legitimate satisfaction: just as a limb, severed from its place, is able to be fitted in no part of another body, unless perhaps by the miracle of divine virtue, when what had been divided is be able to be reformed. </div><div><br /></div><div>Amongst these people, some are found to be so cruel, and of not human affection but bestial brutality, that having killed their previous wives on suspicion of adultery, by no law, no reason, no judgement, but only by their wrath and cruelty, they without delay approach the altar of the Lord and indiscriminately presume to touch the sacred mysteries, while still dripping with blood and gore, not only not pricked by any penitence or humility to satisfy God and the Church, but exulting in their pride. Even if those very wretched little women (<i>mulierculae</i>) truly had perpetrated adultery and because of this would seem to have been punished justly, yet the law of God, by which every Christian on the day of judgement will be judged so that he may receive according to what he has done, permits no criminal, nor even those male or female adulterers (whom it also orders to be stoned by public judgement by the people), to be punished except through legitimate judges and witnesses. Hence that admirable Susanna, when accused with the false crime of adultery, is read both to have been condemned by public judgement and to have been absolved by public judgement (Daniel 13). And that woman in the gospel, who truly had been taken in adultery, was according to the law first taken to the Pharisees, who used to exercise the power of judgement in the people, and then was taken to the judgment of the Lord to tempt him. There, through his admirable piety, she deserved to be freed both from the punishment of stoning and from the guilt of the crime (John 8: 3-11). And in the book of Numbers it is ordered that if a woman is either guilty of adultery or is accused by false suspicion, and her husband is roused with zeal against her, he should lead her to the priest and by divine judgement let him offer her for either condemning or for freeing (Numbers 5: 11-29). </div><div><br /></div><div>9) The ancient Romans decreed in their laws in former times what ought to happen in legitimate marriage, and they maintained this not only when they were made Christian, but also when they were still pagans. This the law of the pagan Emperor Antoninus [138-161 CE] shows very clearly, which blessed Augustine in a certain place remembers and commends in this way, saying:
<blockquote>‘There are some whom it displeases that an equal form of modesty is preserved between men and women, and rather choose particularly in this matter to be subject to the laws of the world than of Christ, since the public laws (iura forensia) do not seem to restrict men with the same bonds of modesty as they do for women. Let them read what the Emperor Antoninus, who was certainly not a Christian, constituted about these things. In this decree, a husband who has not shown an example of chastity in his morals is not permitted to accuse a wife about the crime of adultery. As a result, both were condemned if the conflict proved both to be equally shameless. For these are the words of this Emperor, which are read in the Gregorian Code <a href="#fn7" id="ref7">[7]</a>: “Clearly”, he says, “my words will in no way prejudice the case. For if the blame was yours that the marriage was dissolved, and that your wife Ephrasia were to marry according to the Lex Julia, she will not be condemned for adultery because of this my rescript, unless it should be established to have been already committed. However, [the judges] will have to bear in mind in their enquiry whether you lived chastely and inspired her to cultivate good morals. For it seems to me very iniquitous that a man should demand a modesty from his wife, which he himself does not show. This matter can condemn the husband, but it cannot serve as compensation xto settle the matter of the mutual crime between both parties, or to remove the cause of the deed”. If these things are to be observed for the decorum of the earthly city, how much more chaste are the people sought by the celestial homeland and the society of angels?’<a href="#fn8" id="ref8">[8]</a></blockquote>
These things blessed Augustine writes about the laws of the pagan Emperor Antoninus. In the book of Esther, it is clearly read that Vashti, the wife of the very powerful and ferocious king of the Assyrians, since she had offended his spirits by contempt and contumacy, was deposed from the imperial honour by no means only by his indignation and fury, but by the public judgement and sentence of the <i>principes</i> and the judgement of the Medes and Persians (Esther 1). Thus although they were pagans and worshippers of idols, they did naturally the things that are of law, and taught that in cases of spouses too one ought to discern and determine not cruelty and savagery, but justice and equity. </div><div><br /></div><div>10) Certainly, divine law also orders justice and judgement to be preserved between master and male or female slave. And although it orders by public judgement of its talio an eye to be returned for an eye, and a tooth for a tooth, yet if some master were either to pluck out an eye from his male or female slave or strike out a tooth from private indignation or fury, immediately he was condemned to the loss of the same male or female slave. For thus it is written: <i>If anyone should strike the eye of his male or female slave and should make them blind in one eye: let him send them away free for the eye which he tore out: also, if he should strike out a tooth from his male or female slave, similarly let him send them away free</i> (Exodus 21: 26-27). Thus the very equitable and merciful law of God did not want any injuries and deformities inflicted on these male or female slaves by their own masters without judgement. So it was that if anyone would presume thus, he should be punished with the just loss of the very slave who had been abused unjustly in his subjection. Still less did it permit the master to kill him from his private indignation and fury: if he did this, he would be condemned with the guilt of homicide, with the same law saying: <i>He who should strike his male or female slave with a rod and they should die at his hands, he will be answerable of a crime</i> (Exodus 21: 20). </div><div><br /></div><div>11) Blessed Job used to preserve this equity of judgement and justice towards his familia by divine inspiration and natural consideration, even before that law was given by Moses, just as he himself attested, saying: <i>If I scorned to come under judgement with my male or female slave when they should dispute against me: what shall I do, when God will rise to judgement, and when he will examine, what will I respond to him? Did he not make me in the womb, who also worked him and formed me in one womb?</i> (Job 31: 13-15). Hence also our holy fathers stated in holy canons for the guilt of that kind: <i>If anyone should kill his own slave without the knowledge of a judge, he will expiate the effusion of blood by two years of excommunication</i> <a href="#fn9" id="ref9">[9]</a>. And the book of Ecclesiasticus speaking about the discipline of master and slave also presents this to him, saying: <i>Nevertheless, do nothing grievous without judgement</i> (Ecclesiasticus 33: 30). And the Apostle admonishes especially: <i>Lords, surpass your slaves in what is just and equal, and stop threatening, knowing that also you have a Lord in heaven</i> (Colossians 4: 1; Ephesians 6: 9). </div><div><br /></div><div>If therefore this much equity and goodness is to be preserved between master and slave in the house of each individual Christian in respect to the servile condition, how much greater and more plentifully and fully is it to be kept between husband and wife, between man and spouse, between the head and the body? Since just as the Apostle teaches: T<i>he man is the head of the woman, just as Christ is the head of the church, and He Himself is the Saviour of its body. Thus also men ought to love their wives just as their bodies</i> (Ephesians 5: 23, 28). He who loves his wife, loves himself. For no one ever hated his own flesh, but he nurtures and cherishes it just like Christ does the Church. Once again the same Apostle says: <i>Men, love your wives, just as also Christ loved the church and gave Himself for it, so that He might sanctify it, cleaning it with the font of water in the word</i> (Ephesians 5: 25). In these apostolic words such an excellent and special love between man and wife is certainly commended, preserving in the marriage itself the pre-eminence of the husband and the subjection of the woman, so that nothing ought nor could be greater than that joining, once instituted by God and legitimately brought about. For what could be more venerable than that marriage is the mystery of Christ and the Church? What is more holy, than that men thus love their wives just as Christ loved the Church, giving Himself over for it, so that He might sanctify and cleanse it? What is dearer and more closely connected, than that the man is the head of the woman, just as Christ is the head of the Church, the Saviour Himself of the body? In the gospel He also testifies about this union of marriage, saying:<i> And thus now there are not two but one flesh</i> (Matthew 19: 6). For they will be, He says, two in one flesh. To this Apostle adds, saying: <i>Husbands, love your wives and do not be harsh to them</i> (Colossians 3: 19). </div><div><br /></div><div>If therefore husbands ought not to be harsh to their wives, how much less should they be savage, cruel and bloodthirsty, preserving for them no law, no reason and no judgement, which should even be preserved towards slaves by the Christian religion? But as soon as they like, roused by indignation and impious fury, they have them taken to be cut to pieces as if in the meat market, and they order them to be butchered by the swords of their cooks in the manner of wethers or pigs, or they themselves even slaughter them with their own hand and sword. In no way do they in imitation of the Lord Jesus Christ give themselves for their wives, so that they may sanctify and clean them, but rather they destroy them for eternity in the zeal of their lust, impiously polluting themselves with their blood. For in a case of this kind, the more justly legitimate judgement should be awaited, the more easily homicide is perpetrated by marital zeal. </div><div><br /></div><div>12) Let them defend themselves as much as they want who are of this kind, whether through worldly laws, if there are any, or by human customs. But if they are Christians, let them know that in the day of judgement they will be judged neither by the Roman, Salic, or Gundobardic laws, but by the divine and apostolic laws <a href="#fn10" id="ref10">[10]</a>. Yet in a Christian realm it behoves even those public laws to be Christian, that is conforming and consonant with Christianity. For the law of omnipotent God divides into three types all the things which men seem to have subjected or possess in worldly matters, when it defines and says in the precepts of the Decalogue: <i>You shall not desire the wife of your neighbour, nor male or female slave, nor ox, not sheep, nor ass, not all the things that are his</i> (Exodus 20: 17). In these words, without doubt the dignity of a wife is to be considered one thing, the condition of male and female slaves another, and another the baseness of brute animals, or insensible things, and therefore all those things are to be treated in their limits, discerned in their grades, and divided. We say this so that those of this sort may consider that amongst them, the condition of wives is viler than that of young slaves (<i>servuli</i>). And a master is guilty of homicide for a slave killed without the knowledge of a judge, nor can he expiate the effusion of blood except through penance – what should be stated about wives? </div><div><br /></div><div>Such men also break out into such stupidity and blindness, that after they have initially joined themselves to these women through violence and abduction (<i>raptus</i>), against all laws (<i>leges</i>) both human and divine and against the law (<i>ius</i>) of humanity itself, or even not fearing to defile with sacrilegious impiety women in the profession and habit of a nun; and afterwards, having besmeared the women with blandishments and placated their parents with ingenious, nay rather shameful flattery, they reckon they have evaded both divine and human justice, and they want this illicit and iniquitous cohabiting (<i>contubernium</i>) to be seen as legitimate and honest marriage (<i>coniugium</i>). Yet just as was shown above, the ancient laws of the Romans judged to be punished with equal severity both the women who offer consent to their abductors and their parents, unless they should cry out. And through ecclesiastical judgement, it is ordered that whoever may be of this kind is be excommunicated or anathematised till separation, and even after separation should kept away from all public view and be delivered wholly to workhouses (<i>ergastula</i>) under strictest penance until the day of death <a href="#fn11" id="ref11">[11]</a> the extent that even if the abductor should flee to a church with the abducted woman (<i>rapta</i>) for fear of the respublica, the woman who has suffered violence is ordered to be returned to her parents, excused by the intercession of the Church; but the abductor, since he clearly inflicted force, with a similar impunity conceded by the laws in reverence of the sanctuary, is to be handed over into the servitude of the parents of the woman he abducted, unless perhaps it is conceded to him that he may redeem himself <a href="#fn12" id="ref12">[12]</a>. </div><div><br /></div><div>13) But now the Church suffers public attacks, public injury and stubbornness from these despisers and spurners of both divine and human laws: so much so that they even do not fear to plot treachery and to rouse seditions against their priests who prohibit such iniquitous and baneful acts. </div><div><br /></div><div>If someone is so insane that he thinks this profane and violent cohabitation (<i>contubernium</i>) can be made a legitimate marriage, because Scripture says that King David, just and holy but in certain things a delinquent man, committed adultery with the wife of Uriah the Hittite and after the same Uriah was cruelly killed, also took her in marriage (2 Samuel 11) <a href="#fn13" id="ref13">[13]</a> let him pay attention to how gravely and terribly omnipotent God rebuked, disapproved and condemned all this through his prophet, saying: <i>You have killed Uriah the Hittite and have taken his wife as your wife and you have killed him with the sword of the sons of Amman. For this reason, the sword will not depart from your house in eternity, because you despised Me and you took the wife of Uriah the Hittite that she might be your wife</i> (2 Samuel 12: 9,-10). Instantly indeed, pricked by deep sorrow and penitent and humbly confessing, the guilt of such a great iniquity was removed from David. For he said in brief words, with a great and profound sigh of the heart: <i>I have sinned against the Lord</i>, and he immediately merited to hear through the prophet: <i>The Lord has taken away your sin, you will not die</i> (2 Samuel 12: 13). Nevertheless, the sin was thus removed from him, but not so that he might evade the temporal punishment that had been announced to him. For the son who had been born thence was suddenly struck by divine judgement and died. And David himself afterwards was afflicted and vexed with very grave tribulations and by the loss of his kingdom through his son Absalom, as if tempered and purged in a furnace of fire, so that he might truly seem to have escaped by divine clemency alone <a href="#fn14" id="ref14">[14]</a>. That this marriage, so gravely disapproved and condemned and punished, was thus allowed to remain, is clearly not proposed to anyone for imitation, so that whoever in an unjust ordo might believe he has a just marriage. But rather, it was a divine miracle and sacrament that this man David had been purged by true and admirable penitence, and was healed from all adulterous theft (<i>subreptio</i>), so that a chaste and legitimate marriage could arise out of such a joining, just as also in the end of his life, by wonderful and special virtue, he had Abishag the Shunammite, a very beautiful virgin chosen out of all the kingdom of Israel, assiduously ministering to him and assiduously lying and sleeping with him, yet whom he never carnally knew (1 Kings 1: 1-4). </div><div><br /></div><div>14) Therefore these things should either be admired, but by no means can be imitated, or they were thus conceded to that time of the Mosaic law, so that with the arrival of the gospel grace of our Lord and Saviour they were entirely removed, or since, as the Apostle says, all these things happened as an example to them (1 Corinthians 10:6), they should be ascribed to divine mysteries. However, if there had not been prior adultery in the case of that woman [Bathsheba], and the killing of her husband had not been added too, who does not see that once her own husband was dead and after she had mourned with due care, she could have been joined to whoever she might want in honest and legitimate marriage? And that the king, who in the condition of that time was not prohibited from having many wives, could have legitimately taken the wife of whichever dead man? Certainly, it is clearly magnificent and greatly to be imitated in his deeds, that David in no way further acknowledged those wives whom he had left behind to guard the house, when he fled, and who were defiled and polluted by his impious son. Instead, he only mercifully nourished them as having suffered violence, and made them live enclosed, living in widowhood until the day of their death (2 Samuel 16: 21-22; 2 Samuel 20: 3). </div><div><br /></div><div>But it is in also no way inconsistent with the order and observance of religion that, when he [David] still reigned in Hebron over the tribe of Judah only, and Ish-bosheth the son of Saul obtained the kingdom of Israel, he sent to Abner <i>princeps</i> of the soldiers and governor of the house of the queen, to demand that he restore to him Michal the daughter of Saul, who had been his wife and whom he betrothed to himself with the foreskins of one hundred Philistines, even though Saul, her father, after he had put David to flight beyond the borders of the kingdom, had given her to another man as wife (2 Samuel 3: 12-15). For after that persecution and fleeing was finished and David had returned to the homeland, it was just that he should receive also whatever belonged to him by law (ius) in whatever earthly possession – and how much more so in the association of marriage, just as the holy canons decreed to be observed in a similar deliberation of equity <a href="#fn15" id="ref15">[15]</a>? </div><div><br /></div><div>15) Wicked and distorted men of this kind, or their flatterers and deceivers, can take as an example, as if justly and rightly, what is referred to in the book of Judges (Judges 20-21) about the men of the tribe of Benjamin <a href="#fn16" id="ref16">[16]</a>. When for the fault of their pride and wickedness, by which they had improperly and impiously dared to defend a very monstrous and detestable crime of their citizens against God and the judgement of the whole people, and fought against the whole kingdom with rebellious obstinacy, by divine judgement they fell in war and were destroyed almost to extermination, and with all their wives and sons there remained only six hundred men from the whole of that tribe. Hence the whole people of Israel, who had proceeded against them in that battle and had destroyed them with the sword according to divine order in revenge of the impious crime, was moved by a vehement and religious sorrow, that of the twelve tribes of that people, as had been instituted from the beginning, who had been freed from Egypt, led into the promised land, and obtained inheritance through the distribution of lots, one tribe, so noble and famous, seemed to have been removed. Therefore they greatly lamented and wept and wailed, that namely this sacrosanct mystery of the twelve tribes, which was borne upon the chest of the highest priest entering into the holy of holies in the twelve precious stones on the breast and also in the twelve other precious stones, and also in the meal of twelve loaves that used to be incessantly offered, and all these things that were prepared for the very glorious future chorus of the apostles, should seem to be mutilated and truncated by such a sudden destruction and mournful event. So they raised up an altar and by victims and offerings placated God to themselves and to those, and with the mercy and aid of divine grace, with all care and huge zeal, they ensured that the plenitude of the people of God and the mark of such a great mystery might in no way perish amongst them. It was arranged just so marvellously afterwards, also in the New Testament, by the Holy Spirit working through the blessed Apostles, that the sacrament of the same number twelve, which after Judas perished seemed to have been mutilated, should remain renewed and perfect through the election and choosing in his place of Matthias (Acts 1: 15-20). </div><div><br /></div><div>And since as was just said, only six hundred men from the whole of that tribe survived, they provided four hundred virgins for four hundred of them and handed them over in marriage. For the two hundred who remained, they were not able to hand over their daughters, constrained by the oath and curse which they had sworn that they were never going to give them their daughters as wives, and nor were they able to find others whom they would hand over freely to them, as they had done from the inhabitants of Jabesh Gilead, who had neither been present in that oath and afterwards had neglected to be present in so public and religious a war, and through this were legitimately ordered to be killed and from them only four hundred virgins transferred, who were led to the restoration of the Benjaminite tribe. There remained the inhabitants in Shiloh, where the tabernacle of the Lord was constituted, who were believed to have been neither in that oath nor in that fight, perhaps from immunity of the sanctuary which because of its nearness they served more familiarly and assiduously. They were therefore able to give their daughters freely in marriage, but they had not wanted to, because of the certain hardness and execration of the crime that had been perpetrated by the tribe of Benjamin. </div><div><br /></div><div>16) It was therefore the case that since neither could the parents be legitimately compelled unwillingly to give their daughters and to agree from necessity, nor could the daughters themselves be snatched with hostility, when the virgins themselves were processing on a very solemn day with choirs, those two hundred men without wives, by the consultation and council and authority of the people and elders, for the restoration of the same people and the preservation of the divine mystery, suddenly rushed upon them, and each took a wife from them. In this matter no divine indignation was to be feared, since it was all done for divine love and honour and for the sake of God. God had now restored to that tribe, destroyed almost to extinction in the past war, what was merited and in the present plan was merciful to them through a hidden inspiration and providence. </div><div><br /></div><div>Therefore justice was preserved everywhere, since those girls were abducted from the rule of their parents not from any lust or contumacy, but from necessity alone, nor did those who had captured them do anything by their own will or temerity, but by the order and authority of the people and the elders. There remained only the parents’ complaint to be assuaged with a reasonable compensation, about which the greater born thus said to them: <i>And when their parents come and begin to complain and reproach against you, we shall reply to them: Be merciful to them. For they did not capture them by law of belligerence and victory but asking that you might give, and you did not give, and it is a sin on your part</i> (Judges 21: 22). All this therefore, rationally arranged, rationally carried out, rationally finished, for the sake of public utility, by public authority and prayer, is thus unique and not to be imitated at all. It is to be read as a mystery, done once and never again repeated. </div><div><br /></div><div>17) Therefore may it not happen that the stupid and impudent, dissolute in their petulance are permitted to usurp as an example or defence of their shamelessness what the Scripture of God narrates for the memory of piety or for the praise of spiritual mystery, so that they may think themselves allowed by that example to abduct for themselves whomever they should want, because they cannot obtain it easily from the parents, and afterward having reconciled the parents, to hold these women as if in legitimate marriage. For just as was now said, this was not written as an example, from which it can ever be usurped, but it should be a reminder of admirable devotion in these things, and a commendation of deep mystery. </div><div><br /></div><div>And in this case indeed, after omnipotent God had been propitiated and pleased, for whose worship and honour it was all carried out, the mercy of the parents was implored only that they should spare those two hundred, lest on this side [the two hundred] the equity of divine law might find in them something it would condemn. Although also on the part of the parents truly there seemed to be sin, since they were so reluctant to agree to such a great and public necessity, that they did not want to give to those who asked first. </div><div><br /></div><div>But now, after God has been exasperated and provoked to wrath, whose law is despised, whose Church and priests are trampled upon, whose holy temple is violated by sacrilege and impious presumption, by what stupidity and madness do they think that after they have pleased and pacified the parents they can pacify the Church of God, and believe that what is destroyed by the authority of divine law and the holy fathers can stand by their authority? For an evil of such great transgression and impiety committed against God and his Church can be amended by no reason and no arguments, except by the judgement and satisfaction of omnipotent God and the Church. There correction is to be shown for such a crime, there pardon is to be asked for humbly, there satisfaction is be shown diligently - that is, in the Church of God, before the priests of God, there only where the remission of sins, and the propitiation of He who has been offended, omnipotent God, can be truly obtained. </div><div><br /></div><div>18) Men of this kind also add to their evil this excessively bold assumption, which should be punished, that by asking and praying they can gain the authority or mediation of religious <i>principes</i> for their adulterous and execrable - not marriages but filths. Far be it from the faithful <i>principes</i> and ministers of the kingdom of God that the impropriety of anyone may be aided by their prohibitions or intercessions. For the Roman laws and the very Christian emperors of those times very clearly and justly censured those who disturbed princely ears with unjust and fraudulent petitions, especially in such a case, and they were to lack the granted benefit and moreover to be deported into exile, and the sons born from ignominious and adulterous unions of this kind in no way were to be considered legitimate nor honoured with succession of inheritance. </div><div><br /></div><div>Therefore we beg your most mild Tranquillity, most Christian and glorious prince, that you may mercifully hear our prayers and supplications which we present for the sake of the Church of God and the sanctification and honour of the body of our Lord and Saviour Jesus Christ, and that you may receive them with prompt devotion, and with the passion and zeal of inborn religion may strenuously and carefully put them into effect. Nor should you judge the care and skill of our littleness to be blameworthy because these deadly contagions through God’s protection ravage, not everywhere, but very many parts of the kingdom. For although we are unworthy and wretched, both the care of all churches should rest with us by apostolic example, and also we should vigilantly warn and preach these things in general, even where they do not happen. An antidote should be applied before the poison, and the wound, whilst still it advances evilly by growing, should either be cut off or healed. </div><div><br /></div><div>And thus we pray and implore help from you, which without doubt you owe to Him by whose favour you flourish and are powerful, so that the three orders of the Church, nay rather the threefold fruits of the divine field, that is thirty, sixty and one hundred fold, may be kept whole and sound by your fear and protection, as if by a certain hedge and fortification, and may grow and advance: thirty fold in the uniting of marriage, sixty fold in widowly continence, one hundred fold in the modesty and integrity of the nun: so that whoever should lie in ambush for these fruits like brutal and pernicious beasts may be repelled by your guard, and also corrected by your severity <a href="#fn17" id="ref17">[17]</a>. </div><div><br /></div><div>19) Let what the holy fathers define about the good of marriage be heard and kept, saying thus <a href="#fn18" id="ref18">[18]</a>:
<blockquote>The good which marriage has, can never be a sin. And it is three-part: faith, offspring, sacrament. It is applied in faith, lest another man or woman may be slept with beyond the marital tie. In offspring, so that they may be lovingly received, benignly nourished and religiously educated. In sacrament, so that the marriage may not be separated, and the one (male or female) sent away may not be joined to another for the sake of offspring. This is so to speak the rule of marriage, since either fecundity is adorned with nature or depravity is ruled by innocence.</blockquote>
Also let that be heard which is said about the two remaining orders, in how much sanctity and reverence they ought to be held: they say again in these words, that David to his great shame is said to have entered to the wife of his soldier secretly, yet was not able to avoid vengeance. You who have entered impudently the bed chamber of the Lord of Lords to violate the bride of Christ the King, in what way will you be able to be unpunished? And if perhaps that woman was a widow or had not yet professed continence of chastity, whoever she may be, prostituted she cannot be said to be a wife. And both of you will always be branded with the mark of infamy, nor will the stain of such a crime be able to be destroyed, unless it is either expiated by the raging public censure of the secular laws with the deaths of the adulterers, or is surely washed away by fountains of tears, with deep sighs of the afflicted heart, and with the yokes of true penance while alive. Therefore let him perish who should say this crime is to be emended by marriage, and who considers that from the label of crime it should immediately be named a marriage. Let him hear unwillingly the truth from me, that in no way is adultery to be called marriage, for marriage is the designation of a religious category. </div><div><br /></div><div>20) To these words and statements of the holy fathers, we add a few more statements from the holy canons <a href="#fn19" id="ref19">[19]</a>. We beseech that you hear them with religious devotion and with very instructed care and industry, in the contemplation of our Lord Jesus Christ and the honour and piety of Holy Mother Church, from whose innards you were born to God, by whose honours you have been made illustrious and trust to be eternally made illustrious. And we beseech that you ensure they are recognised, revered and observed in the Christian people committed to you, with the Lord’s protection and co-operation in all things. For what we are actively asking for, that is the protection of chastity and sanctity, is so important that for entrusting and protecting it we ought willingly to offer even ourselves, following the example of the blessed and glorious John the Baptist. Among other proclamations of his preaching, John rebuked and corrected even Herod the king himself because of an adulterous marriage of this kind, vehemently announcing and saying to him about the wife of his brother Herodias (whom, beyond being an abductor, Herod had moreover obtained and was detaining by the strength and might of royal power): <i>It is not allowed for you to have her</i> (Matthew 14: 4). This he did with such constancy that for the sake of a case of this kind, he patiently sustained chains and prison, and preferred finally to be cut down by the sword rather than to cease from preaching truth and justice. And therefore he was truly a martyr of Christ, since he was a martyr of truth and justice itself. </div><div><br /></div><div>NOTES </div><div><br /></div><div>
<a id="fn1">[1]</a> The text is written in the form of a letter addressed by the bishops to the king. The terms ‘Gauls’ and ‘Germanies’ refer to ecclesiastical provinces, modelled on ancient Roman imperial organisation. Note that the bishops do not use the Frankish kingdoms as a frame of reference.<a href="#ref1" title="Jump back to footnote 1 in the text.">↩</a></p></div><div>
<a id="fn2">[2]</a> The bishops are arguing that even though the Franks are now divided into different kingdoms, their unity is maintained in a spiritual sense, which justifies the bishops’ intervention across political boundaries. Hincmar used a similar argument in <i>On the Divorce of King Lothar and Queen Theutberga</i>.<a href="#ref2" title="Jump back to footnote 2 in the text.">↩</a> </p></div><div><br /></div><div>
<a id="fn3">[3]</a> This metaphor of the church as the one body of Christ with different limbs (i.e. parts) is taken from 1 Corinthians 12: 12-27.<a href="#ref3" title="Jump back to footnote 3 in the text.">↩</a> </p></div><div><br /></div><div>
<a id="fn4">[4]</a> The bishops here emphasise that the duty to preserve the church’s honour is widely shared, not just by kings and office-holders but by the male heads of households.<a href="#ref4" title="Jump back to footnote 4 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn5">[5]</a> Throughout the text, Hincmar refers to the <i>parentes</i> of the abducted woman, whose content should have been sought for her marriage. I have translated the word as 'parents', but it can also be used as a more general term for relatives in Carolingian Latin. Not all marriageable women would have had living parents and legal formulae from the period suggest that a wider range of relatives formally consented to some marriages.<a href="#ref5" title="Jump back to footnote 5 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn6">[6]</a> Hincmar refers to the Theodosian Code's provisions on abduction. On the details of this law, see Judith Evans-Grubbs, 'Abduction marriage in late antiquity: a law of Constantine (CTh IX. 24. 1) and its social context,' <i>Journal of Roman Studies</i> 79 (1989), 59-83.<a href="#ref6" title="Jump back to footnote 6 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn7">[7]</a> This Roman law code, produced in the third century, no longer survives: this quotation from Augustine is the only evidence for this edict. See. Simon Corcoran, 'The Gregorianus and Hermogenianus assembled and shattered', <i>Mélanges de l'École française de Rome - Antiquité</i> [Online], 125-2 (2013) consulted on 22 October 2021, <a href="http://journals.openedition.org/mefra/1772">http://journals.openedition.org/mefra/1772</a>.<a href="#ref7" title="Jump back to footnote 7 in the text.">↩</a> </div><div><br /></div><div>
<a id ="fn8">[8]</a> Augustine, De adulterinis coniugiis, Book II, chapter. 9. This text is translated by Charles T. Huegelmeyer, ‘Adulterous Marriages’, in Charles Wilcox (et al.), <i>Saint Augustine, Treatises on Marriage and other subjects</i>, Fathers of the Church 27, (Catholic University of America Press, 1955), pp. 53-132, here at pp. 109-110.<a href="#ref8" title="Jump back to footnote 8 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn9">[9]</a> Council of Agde 506, chapter 62, ed. Charles Munier, <i>Concilia Galliae a. 314–a. 506</i>, CCSL 148 (Brepols, 1963), p. 227.<a href="#ref9" title="Jump back to footnote 9 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn10">[10]</a> The early sixth century Burgundian law code now commonly called the <i>Lex Burgundionum</i> was known in the ninth century as the <i>Lex Gundobada</i> after its presumed author, King Gundobad.<a href="#ref10" title="Jump back to footnote 10 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn11">[11]</a> Cf the extract from the decree of Pope Siricus included in the appendix of authorities.<a href="#ref11" title="Jump back to footnote 11 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn12"[12]</a> Cf the extract from the Council of Orléans I, included in the appendix of authorities.<a href="#ref12" title="Jump back to footnote 12 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn13">[13]</a> The letter here considers an objection – had not the Old Testament legitimated marriage after adultery in the case of King David’s marriage to Bathsheba? In this section, Hincmar also briefly discusses some other marital issues raised by King David, including his polygamy.<a href="#ref13" title="Jump back to footnote 13 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn14">[14]</a> Absalom's rebellion and death are recounted in 2 Samuel 15-18.<a href="#ref14" title="Jump back to footnote 14 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn15">[15]</a> Hincmar is probably referring to papal rulings allowing people captured and enslaved to have their marriages reinstated on their return home, even if their spouse had remarried subsequently: see Kristina Sessa, 'Ursa’s return: captivity, remarriage, and the domestic authority of Roman bishops in fifth-century Italy', <i>Journal of Early Christian Studies</i> 19 (2011), 401-432.<a href="#ref15" title="Jump back to footnote 15 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn16">[16]</a> The bishops now consider a second objection – had not the Old Testament legitimised marriage by abduction in an episode in the Book of Judges?<a href="#ref16" title="Jump back to footnote 16 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn17">[17]</a> Patristic authors allegorised Matthew 13:8 (the Parable of the Sower) as referring to the relative rewards merited by women, based on their marital status (married, widow, virgin).<a href="#ref17" title="Jump back to footnote 17 in the text.">↩</a> </div><div><br /></div><div>
<a id="fn18">[18]</a> Augustine, De Genesi ad Litteram, Book 9, chapter 7. This text is translated by John Hammond Taylor, Augustine: The Literal Meaning of Genesis, 2 vols (Newman Press, 1982), here at vol. 2, pp. 77-78.<a href="#ref18" title="Jump back to footnote 18 in the text.">↩</a></div><div><br /></div><div>
<a id="fn19">[19]</a> See <a href="http://hincmar.blogspot.com/2022/01/on-punishing-and-rooting-out-abduction_8.html">Part 2</a>.<a href="#ref19" title="Jump back to footnote 19 in the text.">↩</a></div>Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-10803301637736407032020-05-27T07:23:00.001-07:002020-05-27T07:58:46.208-07:00The ‘Capitulary of Savonnières’, November 862<div align="center" class="MsoNormal" style="text-align: center;"><br />
</div><div align="center" class="MsoNormal" style="text-align: center;"><b><span style="font-family: "times new roman" , serif;">Draft translation by Charles West (comments and suggestions welcome)<o:p></o:p></span></b><br />
<b><span style="font-family: "times new roman" , serif;"><br />
</span></b></div><div class="MsoNormal"><i><span style="font-family: "times new roman" , serif;">Following the Treaty of Verdun in 843 which divided the Carolingian empire into separate kingdoms, from time to time the Carolingian kings met together to discuss matters of mutual importance. At a meeting in Koblenz in 860, Lothar II had acted as a mediator between his uncles Louis and Charles, to draw a line under Louis’s invasion of Charles’s kingdom in 858. Now, at a meeting arranged at the palace of Savonnières near Toul in Lotharingia (now eastern France), the issue had become Lothar II’s marriage. He had recently secured Waldrada as his queen, but Charles the Bald remained hostile. This time it was Louis’s turn to try to engineer a reconciliation.<o:p></o:p></span></i><br />
<i><span style="font-family: "times new roman" , serif;"><br />
</span></i></div><div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0cm; mso-layout-grid-align: none; text-autospace: none;"><i><span style="font-family: "times new roman" , serif;">A key issue was Charles’s refusal to ‘communicate’ with Lothar – that is, his refusal to talk or interact with Lothar, treating him as if he had been excommunicated. Charles explained why he was acting this way, and laid down the conditions of meeting Lothar in person, to which Lothar’s envoys agreed, though not without heated discussion as reported in the Annals of St-Bertin.<o:p></o:p></span></i></div><div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0cm; mso-layout-grid-align: none; text-autospace: none;"><br />
</div><div class="MsoNormal"><i><span style="font-family: "times new roman" , serif;">It seems likely that Hincmar of Reims was involved in compiling the document translated below which was presented to this meeting. It is preserved in full only in early modern transcriptions and editions, notably in Vatican </span></i><a href="https://digi.vatlib.it/view/MSS_Vat.lat.4982"><i><span style="font-family: "times new roman" , serif;">Vat lat. 4982</span></i></a><i><span style="font-family: "times new roman" , serif;">. Though it was included as a capitulary by its editors, it is not really a piece of legislation, since its main aim was to summarise Charles’s complaints against Lothar II. Charles also attempted to choreograph the meeting by bringing with him pre-written speeches for his uncle and nephew, but these were rejected by the assembled counsellors.<o:p></o:p></span></i></div><div class="MsoNormal"><i><span style="font-family: "times new roman" , serif;"><br />
</span></i> <i><span style="font-family: "times new roman" , serif;">Edition: Capitularia regum francorum, vol. II, ed. Boretius and Krause (1897) </span></i><a href="https://www.dmgh.de/mgh_capit_2/index.htm#page/159/mode/1up"><i><span style="font-family: "times new roman" , serif;">https://www.dmgh.de/mgh_capit_2/index.htm#page/159/mode/1up</span></i></a><i><span style="font-family: "times new roman" , serif;"><o:p></o:p></span></i></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">TRANSLATION<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">In the year of the Lord 862, when Louis advised Charles that with him he should accept Lothar [II] for a kiss and for discussion,<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn1" name="_ftnref1" style="mso-footnote-id: ftn1;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[1]</span></span><!--[endif]--></span></span></a> Charles sent back to him through the bishops Altfrid<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn2" name="_ftnref2" style="mso-footnote-id: ftn2;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[2]</span></span><!--[endif]--></span></span></a> and Salomon,<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn3" name="_ftnref3" style="mso-footnote-id: ftn3;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[3]</span></span><!--[endif]--></span></span></a> and Adventius<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn4" name="_ftnref4" style="mso-footnote-id: ftn4;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[4]</span></span><!--[endif]--></span></span></a> and Hatto,<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn5" name="_ftnref5" style="mso-footnote-id: ftn5;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[5]</span></span><!--[endif]--></span></span></a> the capitulary that follows, saying that for these reasons he did not dare to communicate with him [Lothar],<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn6" name="_ftnref6" style="mso-footnote-id: ftn6;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[6]</span></span><!--[endif]--></span></span></a> unless what was written there was carried out. On Lothar’s behalf, Louis and the already mentioned bishops reported to Charles and to the bishops Hincmar,<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn7" name="_ftnref7" style="mso-footnote-id: ftn7;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[7]</span></span><!--[endif]--></span></span></a> Hincmar,<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn8" name="_ftnref8" style="mso-footnote-id: ftn8;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[8]</span></span><!--[endif]--></span></span></a> Odo<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn9" name="_ftnref9" style="mso-footnote-id: ftn9;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[9]</span></span><!--[endif]--></span></span></a> and Christian,<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn10" name="_ftnref10" style="mso-footnote-id: ftn10;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[10]</span></span><!--[endif]--></span></span></a> that Lothar had declared that he wished to do so and would do so. With these conditions Charles and the bishops who were with him received him [Lothar] for a kiss.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">1. After we were recently reconciled to each other with mutual forgiveness at Koblenz,<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn11" name="_ftnref11" style="mso-footnote-id: ftn11;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[11]</span></span><!--[endif]--></span></span></a> with God’s approval and on the advice of our faithful followers, and we confirmed it with an oath about maintaining the peace between us, and about offering help to each other, and we promised to observe the capitularies written by our shared faithful followers, and read out by us, and we publicly announced it to our shared faithful followers – after all this, I do not wish, my only and dearest brother, to accuse you of not having observed towards me those things which we promised one another. Nor do I hope that you or anyone else is able or wishes to accuse me of not having similarly observed these things towards you. And if anyone has done so, I am ready to give certain account to you about it and to make a worthy satisfaction. And if someone wishes to accuse me of not having observed as far as I can those things which I owe to our nephew Lothar, I am similarly ready to give certain account and to carry out an appropriate satisfaction. How far, however, he [Lothar] has observed towards me those things which he promised to me, not only I but many others know.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">2. And as it then suited us, that we should meet again at a fixed time at the same place with the magnates of our kingdoms, so that we might discuss there whatever was worthy and necessary to be emended, both in the holy church of God and in the salvation of ourselves and the people, and that we should emend ourselves towards our faithful followers, and they should emend themselves towards us, and should decree what else should be observed – this I have been ready to follow time and time again, and even now I have come again, as you often relayed to me through our shared faithful followers.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">3. But there are various reasons why I did not want to talk with our already mentioned nephew before I took counsel with you. Some of these reasons I wish to note here, some I will let you know later at a suitable place and in a suitable fashion.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">4. When I came on a previous occasion to Tusey to discuss these things,<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn12" name="_ftnref12" style="mso-footnote-id: ftn12;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[12]</span></span><!--[endif]--></span></span></a> Boso brought to me and to my bishops letters from the lord Pope, some to be sent to our nephew and the bishops of his kingdom, which we sent to them according to the lord Pope’s request, and some letters to be read and observed by us, and we have the text of them here. In these letters, we found that we were criticised for allowing fornicators to stay in our kingdom, and that not just this woman [Engeltrude] but all those who consenting to her crime have been excommunicated from the body and blood of the Lord, until this woman should return to her husband.<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn13" name="_ftnref13" style="mso-footnote-id: ftn13;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[13]</span></span><!--[endif]--></span></span></a> And we know, as Saint Gregory said, that if someone does not correct what should be cut down when he can, he himself commits those actions.<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn14" name="_ftnref14" style="mso-footnote-id: ftn14;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[14]</span></span><!--[endif]--></span></span></a> But we have heard that this woman is staying in the kingdom of our nephew, and we have not heard that this [papal] decision has been changed. And we who are weighed down by our own sins are afraid to communicate with someone else’s sins by communicating with the excommunicated.<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn15" name="_ftnref15" style="mso-footnote-id: ftn15;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[15]</span></span><!--[endif]--></span></span></a><o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">5. Baldwin stole for himself our daughter Judith, a widow, placed under the protection of the church and royal authority according to secular and divine laws. The bishops of our kingdom excommunicated him following a legal judgment, according to the sacred canons and the decision of St Gregory the Pope, who said ‘If anyone steals a widow for his wife, let him and those who consented be anathema’.<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn16" name="_ftnref16" style="mso-footnote-id: ftn16;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[16]</span></span><!--[endif]--></span></span></a> We ourselves and the bishops of our kingdom informed our nephew Lothar verbally and in writing. And, as you know, we confirmed jointly with the counsel and advice of our faithful followers that none of us [i.e., the kings] should receive this kind of man in our kingdoms or permit him to stay, but should rather force him to return, to account for himself and to do penance, as is decreed.<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn17" name="_ftnref17" style="mso-footnote-id: ftn17;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[17]</span></span><!--[endif]--></span></span></a> <o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">But what our nephew Lothar did towards us and our relative, and in truth against God and holy authority and the Christian communion: I hope this is not hidden to you, since it is known to very many. And St Paul, through whom Christ speaks, said ‘Not only those who do it, but those who consent to those doing, are worthy of death’ [Romans 1:32].<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">6. The case of the wife of our nephew Lothar is known to you, about which he asked for and heard advice from us and the bishops of our kingdom, and from the other bishops present – but he did not afterwards follow that advice. And we know too that he wrote to the lord pope about this, and afterwards received letters from him. We do not wish to deny that we know what the lord pope instructed him and some bishops to do about it. And we know, since we cannot and do not wish to deny it, and nor should we, that the command of the lord pope diverged in no way from evangelical truth and from apostolic and canonical authority – and we have not heard or seen that the instruction about this matter has been carried out. <o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">For that holy see, first in the whole globe of the world, proclaims to us and to all Christians in all the world through the holy Paul, the celestial trumpet, who learned it from the Lord Himself when he was taken up to the third heaven and to paradise, ‘Do not break bread with people of this kind’ [1 Corinthians 5:11]. And through the holy apostle John, who drew from the eternal and living fountain of Christ’s breast, resting on it during in the supper when the sacraments of our redemption were celebrated and handed down, and which he pledged for all the redeemed, the apostolic see very clearly forbids anyone to shelter a man of this kind in his home or even to greet him, ‘since who greets him communicates with his wicked works’ [2 John 10]. And through the blessed pope Gregory, who says in his homily on Ezekiel that ‘Just as he who recedes from faith in God is an apostate, so without doubt he who recedes from God in his works is an apostate’, for, as the Apostle says, ‘faith without works is dead’. And the Lord himself says about the person who is legally warned once, twice and thrice and is not corrected, that he should be to us as a gentile and someone involved in public crimes, with whom apostolic and canonical authority instructs us not to break bread [Matthew 18:17], as already mentioned.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">7. Therefore, my only and dearest brother, take counsel from you yourself, and give counsel to me, and give counsel to our nephew for his salvation and honour, and offer help, as I am also ready to do with you, as much as God will grant me to know and to act, if he [Lothar] wishes to accept it.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">8. The counsel I recently received with my bishops and my other faithful followers, concerned both for our shared salvation and honour – that is, yours and mine, and for our nephew – and for the shared protection and salvation of all our faithful followers, both in a synod and in a council, I will tell you, if you wish, you to whom I am prepared to deny no good thing and with whom I prepared to share all my good things. And if it seems good to you, let us take it together. And if you can show better advice to us through reason and through divine and human authority, fitting to our salvation and to Christianity, I am ready to take it with all devotion, and very willingly to follow you, with God’s help and with the assistance of the counsel and aid of our shared faithful followers.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">9. Since it is written that the good king, who sinned as a man but acknowledged himself happily, said ‘I shall confess to Him from my own will’ [Psalm 27:7], let our nephew declare before you and the bishops who are with you, and let him inform us through you and through those bishops, that he wishes to come before a general council, according to the apostolic lord’s and episcopal, or rather divine counsel, with his and our bishops and faithful followers and friends of God, since this is a general matter for all Christians.<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn18" name="_ftnref18" style="mso-footnote-id: ftn18;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[18]</span></span><!--[endif]--></span></span></a> And let him there show that he carried out this act about his wife either according to a divine and human law suited to Christians, or according to the counsel of God and a law appropriate to a Christian king, and that he wishes and is obliged to emend those two things we mentioned above. And I am prepared to receive him with charity and honour, just as a Christian king should receive a Christian king, and as a loving uncle should receive a beloved nephew, and to remain in his friendship for his salvation and honour, if he acts like this. And let a suitable time and opportune place be decided upon, when we can peacefully come together and settle this matter for our joint salvation and honour, and that of our faithful followers, since it concerns ourselves, for as Scripture says it is our flesh and blood. For we who ought to set a good example to our faithful followers and all Christians in goodness should not give an example for perdition, and we who ought to correct the wicked should not be the head of evil.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">And we will discuss and decide upon those matters which as we mentioned we promised at Koblenz we would discuss and maintain, so that we who are attacked on all sides on account of our sins and the evil of discord which remains in our kingdoms, may deserve to receive the solace of God’s mercy, once we have placated Him. And let it not be hard to do this for our nephew’s mind, for it is written ‘Who is hard in mind, falls into wickedness’. But let him fear God, and restrain this scandal, which without any need has grown and spread so greatly in this Christianity.<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn19" name="_ftnref19" style="mso-footnote-id: ftn19;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[19]</span></span><!--[endif]--></span></span></a> For to many people it seems to have been carried out without full reason or required authority, when it could have been led to completion through reason and authority. And since it is written, ‘Blessed is the man who is always fearful’ [Proverbs 28:14], and the Lord says ‘I love those that love Me’ [Proverbs 8:15], let him honour himself, his Christianity and his royal name for the love and fear of God. And let him divest himself and all of us from that calamity which pursues him, and that through him and on his account pursues us his relatives. And let him honour God, knowing that God says ‘I will honour those that honour Me; and those who despise me will be ignored’ [1 Kings 2:30].<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">10. And if he prefers not to do this, let him do what he thinks should be done. I wish to remain in your friendship and due fraternity, and to promote it with all due service, and I seek not what is his, but he himself. But if I am not able to have him safely, I am not willing to remove myself from God for his friendship, nor do I wish to offer help to anyone for ill. For we read in Scripture that God said to a king ‘You offered help to an impious man, and joined in friendship to those who hate Me: therefore you have deserved the wrath of the Lord’ [2 Chronicles 19:2], and the rest that is written there. And again we read that an impious man who turns from some impiety, and says from his heart that he wishes to be converted is no longer counted amongst the impious, but should and safely can be piously welcomed by the pious. As the Scripture says, ‘Turn around the impious, and they will cease to be’ [Proverbs 12:7], not that they will no longer exist in essence, but that they will not exist in the blame of impiety. We say all this not because we wish our nephew to be counted amongst the number of the impious, hoping rather that numbered with the pious he may be associated with God.<o:p></o:p></span></div><div class="MsoNormal"><i><span style="font-family: "times new roman" , serif;"><br />
</span></i> <i><span style="font-family: "times new roman" , serif;">Declaration of the lord Louis [the German]<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn20" name="_ftnref20" style="mso-footnote-id: ftn20;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[20]</span></b></span><!--[endif]--></span></span></a><o:p></o:p></span></i></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">1. As those of you who were there know, when we recently met together with God’s help at Koblenz, and decreed capitularies to be observed by ourselves and our faithful followers, we agreed that at a suitable time and opportune place we would meet again, and with the help of God and the counsel of our faithful followers, we would emend what needed to be emended in ourselves and our kingdoms and our faithful followers, and that we would decree what other emendations would be followed. We fixed a time and place on three occasions, but events occurred to myself, my brother and our nephew, on account of which we were not able to carry out what we had arranged.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">2. In the meantime I heard that my brother and our nephew were not getting on as they had been when we met together. So I came to the decision that I should be a private mediator between them, so that they would get on as they should by right. Hence my brother informed my nephew, through me and our bishops, and through the bishops of our nephew, both in writing and orally, of the matters because of which he was no longer intimate with him as he had been before. And that if he wished to emend them as he had been advised, he [Charles] would be well disposed towards him, as a loving uncle ought to be to his beloved nephew, and as a Christian king ought to be to a Christian king. About these matters, we and the bishops who were with us from our nephew gave this response: that concerning those matters of which he was accused, he was ready either to emend or to give certain account of them and to carry out a worthy satisfaction. Our brother and the bishops gratefully received this response, and thanks be to God, our brother and our nephew are now as they rightfully ought to be. <o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">3. And we wish that, as we agreed before, faithful envoys should run between us, and that what should be emended in each of our kingdoms and what one of us indicates to another, should be emended, and the houses of God and the priests and servants of God will have the law and honour that is due. And that every faithful follower of ours will have law and justice in our kingdoms, no matter whose man he is, as was the case in the time of our predecessors, and as we now agree and as was decreed in those capitularies which our predecessor kings decreed, and which we confirmed at Meerssen,<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn21" name="_ftnref21" style="mso-footnote-id: ftn21;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[21]</span></span><!--[endif]--></span></span></a> and now recently decreed at Koblenz. This should happen until with God’s help we shall meet again at a suitable time and opportune place, and with the counsel of our faithful followers discuss peacefully what has not been carried out, and then carry it out. And thus we may help each other so that with God’s help we can save ourselves and our faithful followers and resist the oppressors of the holy church. And with shared consent we had this reasoning written down, so that each of us may have it, and may know what and how he must henceforth maintain. For it is not fitting that a king deviates from his reasoning, just as it is not fitting that a bishop should deviate from his rightful preaching.<o:p></o:p></span></div><div class="MsoNormal"><i><span style="font-family: "times new roman" , serif;"><br />
</span></i> <i><span style="font-family: "times new roman" , serif;">Declaration of Charles<o:p></o:p></span></i></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">1. Those things which my beloved brother said that we decreed recently at Koblenz, I have up till now observed as far as I can, and I wish to continue observing, if they are also observed towards me. And I do not wish to accuse him of not having similarly observed them towards me. I believe too that he does not wish, and that no one is able, to accuse me of not having observed them towards him. And if someone does, I am prepared either to emend those things that need to be emended, or to give certain account for those things of which I have been accused.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">2. And if our nephew does what our brother, and the bishops who with him were mediators between us, announced on his behalf to us and the bishops who were with us, and as our brother now says, then he [Lothar II] will be a close friend and aid according to reasonable possibility, as a nephew ought to be to an uncle, and as a Christian king ought to be to a Christian king. And I wish to be an intimate friend and aid to him, according to reasonable possibility, as a loving uncle should be to a beloved nephew, and as a Christian king ought rightfully to be to a Christian king.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">3. What our brother has just said about envoys running between us, and about emending what needs to be emended in our kingdoms, and about the status and honour of the churches and priests and servants of God, and about keeping law and justice to each of our followers in our kingdoms, whosever men he may be, both regarding he himself and his property, and about observing the capitularies – so I too wish to observe these things in all ways.<o:p></o:p></span></div><div class="MsoNormal"><i><span style="font-family: "times new roman" , serif;"><br />
</span></i> <i><span style="font-family: "times new roman" , serif;">Declaration of Lothar II<o:p></o:p></span></i></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">1. Since my uncle Louis accepted me in his bounty as if a son, he has always acted towards me in his mercy as was fitting for him and as was needed for me. So I am ready to show him the service that is owed, as I should rightfully do.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">2. And about those matters which my uncle Charles recently sent me when we met together: I wish to observe them, as my uncle Louis and the bishops who along with him were mediators between me and my uncle Charles announced on my behalf to him and the bishops who were with him. And if he will be a private friend and aid to me, according to reasonable possibility, as an uncle should be to a nephew, and as a Christian king ought rightfully to be to a Christian king, so I wish to be a close friend and aid to him, according to reasonable possibility, as a loving nephew should be to a beloved uncle, and as a Christian king ought rightfully to be to a Christian king.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">3. What our uncles have just said about envoys running between us, and about emending what needs to be emended in our kingdoms, and about the status and honour of the churches and priests and servants of God, and about keeping law and justice to each of our followers in our kingdoms, whosever men he may be, both regarding he himself and his property, and about observing the capitularies – so I too wish to observe these things in all ways.<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">***<o:p></o:p></span></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;">After these preceding declarations had been read out in front of all the almost 200 counsellors of the three kings who were present, including bishops and abbots and laymen, Louis and Lothar and their followers entirely rejected them, that they should not be read to the people [<i>populus</i>], so that the case of Lothar should be entirely unmentioned</span><span style="font-family: "times new roman" , serif;">.</span><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn22" name="_ftnref22" style="font-family: "times new roman", serif;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[22]</span></span></span></span></a><span style="font-family: "times new roman" , serif;"> So the lord Charles read our this declaration which follows in these very words in the evening at Savonnières, in the year 862, on the 11</span><sup style="font-family: "times new roman", serif;">th</sup><span style="font-family: "times new roman" , serif;"> indiction, on the 3 nones of November [3</span><sup style="font-family: "times new roman", serif;">rd</sup><span style="font-family: "times new roman" , serif;"> November], in the same house where the previous declarations had been read out, in which a few others came in who had not been there before, since it had been almost full with them.</span></div><div class="MsoNormal"><i><span style="font-family: "times new roman" , serif;"><br />
</span></i> <i><span style="font-family: "times new roman" , serif;">Declaration of Charles<a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftn23" name="_ftnref23" style="mso-footnote-id: ftn23;" title=""><span class="MsoFootnoteReference"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[23]</span></b></span><!--[endif]--></span></span></a><o:p></o:p></span></i></div><div class="MsoNormal"><span style="font-family: "times new roman" , serif;"><br />
</span> <span style="font-family: "times new roman" , serif;">As I have advised to my nephew in writing and orally, through my brother and through the bishops of my nephew, and as they reported back to me on his behalf, so I wish to be a friend to him and to save him, as an uncle should rightly save his nephew, if he will save me and my followers, as a nephew should rightly save his uncle.<o:p></o:p></span></div><div style="mso-element: footnote-list;"><!--[if !supportFootnotes]--><br clear="all" /> <hr align="left" size="1" width="33%" /><!--[endif]--> <br />
<div id="ftn1" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref1" name="_ftn1" style="mso-footnote-id: ftn1;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[1]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Exchanging a kiss was a common way of demonstrating trust and friendship; to refuse to do so was a public display of hostility. The report is here referring to the embassy sent by Louis the German to Charles (see </span><a href="http://turbulentpriests.group.shef.ac.uk/bishop-altfrids-report-summer-862/"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;">http://turbulentpriests.group.shef.ac.uk/bishop-altfrids-report-summer-862/</span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;">).<o:p></o:p></span></div></div><div id="ftn2" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref2" name="_ftn2" style="mso-footnote-id: ftn2;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[2]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Bishop of Hildesheim in East Francia.<o:p></o:p></span></div></div><div id="ftn3" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref3" name="_ftn3" style="mso-footnote-id: ftn3;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[3]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Bishop of Konstanz in East Francia.<o:p></o:p></span></div></div><div id="ftn4" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref4" name="_ftn4" style="mso-footnote-id: ftn4;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[4]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Bishop of Metz in Lotharingia.<o:p></o:p></span></div></div><div id="ftn5" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref5" name="_ftn5" style="mso-footnote-id: ftn5;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[5]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Bishop of Verdun in Lotharingia.<o:p></o:p></span></div></div><div id="ftn6" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref6" name="_ftn6" style="mso-footnote-id: ftn6;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[6]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> I.e., interact with (the opposite of excommunication). <o:p></o:p></span></div></div><div id="ftn7" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref7" name="_ftn7" style="mso-footnote-id: ftn7;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[7]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Archbishop of Reims in West Francia.<o:p></o:p></span></div></div><div id="ftn8" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref8" name="_ftn8" style="mso-footnote-id: ftn8;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[8]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Bishop of Laon in West Francia.<o:p></o:p></span></div></div><div id="ftn9" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="hhttps://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref9" name="_ftn9" style="mso-footnote-id: ftn9;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[9]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Bishop of Beauvais in West Francia.<o:p></o:p></span></div></div><div id="ftn10" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref10" name="_ftn10" style="mso-footnote-id: ftn10;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[10]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Bishop of Auxerre in West Francia.<o:p></o:p></span></div></div><div id="ftn11" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref11" name="_ftn11" style="mso-footnote-id: ftn11;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[11]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> This meeting took place in June 860, drawing a line under Louis the German’s failed invasion of West Francia in 858.<o:p></o:p></span></div></div><div id="ftn12" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref12" name="_ftn12" style="mso-footnote-id: ftn12;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[12]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> This refers to a council that Charles held at Tusey in October 860.<o:p></o:p></span></div></div><div id="ftn13" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref13" name="_ftn13" style="mso-footnote-id: ftn13;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[13]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Engeltrude had fled her husband Boso, and sought refuge north of the Alps; Matfrid appealed to the pope to make Lothar return her. The incident was probably connected to Lothar’s divorce (Boso was closely related to Theutberga).<o:p></o:p></span></div></div><div id="ftn14" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref14" name="_ftn14" style="mso-footnote-id: ftn14;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[14]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> The same Roman syod of 721 is also used in the Annals of St-Bertin.<o:p></o:p></span></div></div><div id="ftn15" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref15" name="_ftn15" style="mso-footnote-id: ftn15;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[15]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> In other words, Charles is refusing to talk with Lothar until he expels ENgeltrude, in line with the pope’s instructions.<o:p></o:p></span></div></div><div id="ftn16" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref16" name="_ftn16" style="mso-footnote-id: ftn16;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[16]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Not Pope Gregory I, but Pope Gregory II, in 721.<o:p></o:p></span></div></div><div id="ftn17" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref17" name="_ftn17" style="mso-footnote-id: ftn17;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[17]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> A reference to the Council of Koblenz in 860, where the three kings had agreed not to shelter trouble-makers. It seems that Lothar had offered Baldwin assistance.<o:p></o:p></span></div></div><div id="ftn18" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref18" name="_ftn18" style="mso-footnote-id: ftn18;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[18]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Hincmar also demanded this path of action in his <i>De Divortio</i> treatise.<o:p></o:p></span></div></div><div id="ftn19" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref19" name="_ftn19" style="mso-footnote-id: ftn19;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[19]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> I.e., Lothar’s attempt to divorce Theutberga.<o:p></o:p></span></div></div><div id="ftn20" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref20" name="_ftn20" style="mso-footnote-id: ftn20;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[20]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> Note that these declarations were rejected at the meeting, so were not formally read out to the people.<o:p></o:p></span></div></div><div id="ftn21" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref21" name="_ftn21" style="mso-footnote-id: ftn21;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[21]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> A reference to a meeting at Meerssen in 851.<o:p></o:p></span></div></div><div id="ftn22" style="mso-element: footnote;"><div class="MsoFootnoteText"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref22" name="_ftn22" style="mso-footnote-id: ftn22;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[22]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif; font-size: 11.0pt;"> In the Annals of St-Bertin, Hincmar blames this decision on a prominent advisor Conrad. This is a well-known passage for the size of royal assemblies. Note that this number of 200 only includes the advisors (<i>consiliarii</i>); McCormick estimates the total number present at Savonnieres might have been around 5,000.<o:p></o:p></span></div></div><div id="ftn23" style="mso-element: footnote;"><div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0cm; mso-layout-grid-align: none; text-autospace: none;"><a href="https://hincmar.blogspot.com/2020/05/the-capitulary-of-savonnieres-november.html#_ftnref23" name="_ftn23" style="mso-footnote-id: ftn23;" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><span style="mso-special-character: footnote;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif; font-size: 11.0pt; line-height: 107%;">[23]</span></span><!--[endif]--></span></span></span></a><span style="font-family: "times new roman" , serif;"> Cf. the Annals of St Bertin: ‘But Charles, against their wishes, made it fully known to everyone that he had refused to communicate with Lothar before he gave the undertaking mentioned above, for two reasons: first, because Lothar had abandoned his wife and taken another woman, contrary to the authority of the Gospel and of the apostles, and second, because Lothar and his mistress had had communication with excommunicated persons, namely the wife of Boso, and Baldwin…’.<o:p></o:p></span></div></div></div><br />
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Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-38083903209571170562020-01-01T11:38:00.000-08:002016-07-30T02:08:31.103-07:00English translations of Hincmar’s works<br />
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Relatively few of Hincmar’s works have yet been translated into English. This post lists the ones that we are currently aware of: any suggestions for additions will be gratefully received<br />
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<i>Ad reclusos et simplices in Remensi parrochia contra Gothescalcum</i>, written 849-850, ed. Wilhelm Gundlach, 'Zwei Schriften des Erzbischofs Hinkmar von Reims', <i>Zeitschrift für Kirchengeschichte</i> 10 (1889), 258-309.<br />
Partial translation by Victor Genke and Francis X. Gumerlock, <i>Gottschalk and a medieval predestination controversy: texts translated from the Latin</i> Mediaeval Philosophical Texts in Translation, 47, (Milwaukee, WI, 2010), pp. 169-172.<br />
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<i>Annales Bertiniani</i>, written c. 863-882, ed. Georg Waitz, MGH SRG 5 (Hanover, 1883); also by Félix Grat,, Jeanne Vielliard, and Suzanne Clémence, Société de l'histoire de France (série antérieure à 1789), 470 (Paris, 1964).<br />
Translation by Janet L. Nelson, <i>The Annals of St-Bertin</i>, Ninth-Century Histories 1 (Manchester, 1991)<br />
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<i>De cavendis vitiis et virtutibus exercendis</i>, written 860x875, ed. Doris Nachtmann. MGH Quellen zur Geistesgeschichte des Mittelalters 16 (Munich, 1998).<br />
Translation by Priscilla Throop, <i>Hincmar of Rheims on kingship, divorce, virtues and vices</i> (Charlotte, Vermont, 2014), pp. 35-143<br />
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<i>De coercendis militum rapinis</i> (= <i>Epistola 126</i>) written 859, ed. Ernst Perels, MGH Epistolae 8 (1939), pp. 62-65.<br />
<a href="https://sites.google.com/site/canilup/home/hincmar-of-reims">Translation</a> by Sam Kaplan, Danile Martin and Lily Stewart under the guidance of Professor Ken Wolf (2013).<br />
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<i>De divortio Lotharii regis et Theutbergae reginae</i>, written 860, ed. Letha Bohringer, MGH Concilia 4, Supplementum 1 (Hanover, 1992).<br />
Translation by Rachel Stone and Charles West, <i>The Divorce of King Lothar and Queen Theutberga: Hincmar of Rheims's De Divortio</i> (Manchester, 2016)<br />
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<i>De ordine palatii</i>, written 882, ed. Thomas Gross and Rudolf Schieffer, MGH Fontes iuris 3 (Hanover, 1980).<br />
Translation by David Herlihy, <i>A History of Feudalism</i> (New York, 1970), pp. 209-227; reprinted in Paul Edward Dutton, <i>Carolingian civilization: a reader</i> (Peterborough, Ontario, 1993), pp. 485–99,<br />
Another translation by Priscilla Throop, <i>Hincmar of Rheims on kingship, divorce, virtues and vices</i> (Charlotte, Vermont, 2014), 365-388<br />
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<i>De regis persona et regio ministerio ad Carolum Calvum regem</i>, written c 873, PL 125, cols. 833-856. Translation by Priscilla Throop, <i>Hincmar of Rheims on kingship, divorce, virtues and vices</i> (Charlotte, Vermont, 2014), 1-34.<br />
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Our thanks to Michael Blechner for information on some of these translations.<br />
<br />Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com1tag:blogger.com,1999:blog-2478716498788242619.post-85047296842830590412018-02-10T11:00:00.004-08:002023-02-19T10:53:51.573-08:00The Quierzy letter of 858 (extracts)<div align="center" class="MsoNormal" style="line-height: 150%; margin-bottom: 0cm; text-align: center;">
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<span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">In the late summer of 858, King Louis ‘the German’ of East Francia invaded the kingdom
of his younger brother Charles ‘the Bald’ of West Francia, in a bid to reverse
the terms of the Treaty of Verdun that had divided the realm of their
grandfather Charlemagne. Sweeping aside all resistance, Louis marched through Ponthion,
Châlons, Sens and reached as far Orléans. He then invited the bishops of West
Francia to a synod at Reims, near his winter base at the palace of Attigny,
where a few weeks later he issued a charter dated to the first year of his rule
in West Francia.<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn1" name="_ftnref1" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[1]</span></span><!--[endif]--></span></a><o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">The bishops met at
the nearby palace of Quierzy. Refusing Louis’s invitation, they instead sent
him an extended letter that offered some frank advice. The king, they warned,
should examine his conscience and be wary of his counsellors, bearing in mind
the fate of his father Emperor Louis the Pious; he should work for peace and to
defeat the Vikings, rather than bringing about disruption; he should protect
the church; he should organise his court as a model for everyone; he should
appoint suitable counts and <i>missi</i>; he
should manage his royal estates and their residents effectively. The letter was
a collective one, in the name of all the bishops concerned, but in large part
it was probably written by Archbishop Hincmar of Rheims, drawing on the
decisions of recent Frankish councils. Later, Hincmar told Charles the Bald,
the king of West Francia, that the letter had been written as much for him as
for Louis.<o:p></o:p></span></div>
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<div class="MsoNormal" style="line-height: 150%; margin-bottom: 0cm;"><span style="font-family: "times new roman" , serif;"><b>Extracts from </b>a </span><span style="font-family: "times new roman" , serif;">provisional translation are presented here, which was prepared by Charles West, with the assistance of Richard Gilbert, Robert
Heffron and Harry Mawdsley who attended a regular Latin translation class based
on this text at the University of Sheffield, as part of a long-term initiative
with Rachel Stone to make more of Hincmar’s work available in translation. The translation also draws on Jinty Nelson’s unpublished partial translation which she kindly made
available, and has benefited greatly from her suggestions (any errors that
remain are CW’s). </span><span lang="DE" style="font-family: "times new roman" , serif;">It is based on the edition in <i>Die Konzilien der karolingischen Teilreiche 843-859</i>, ed. </span><span style="font-family: "times new roman" , serif;">Wilfried Hartmann, MGH Concilia III
(Hannover, 1984), pp. 408-427. Hyperlinks are provided to this MGH edition to ease
comparison with the original Latin. Suggestions for improvement are welcome. <br />For <b>a revised and complete translation</b>, please see Charles West, <i>The Fall of a Carolingian Kingdom: Lotharingia 855-869</i>, University of Toronto Press, forthcoming.</span></div>
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<span style="font-family: "times new roman" , serif;">The text is preserved
in a number of manuscripts, of which much the earliest is Paris BnF lat. 5095,
where it is </span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">ff. 130-137<span class="MsoHyperlink"> (link to the manuscript on Gallica)</span>. The account of Bishop Eucherius’s vision of Charles
Martel in chapter 7 is also transmitted independently in a further eleven
manuscripts.</span></div>
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<span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">CW, February
2018 (edited February 2023]<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">***</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"><o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">TRANSLATION<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">[</span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._3_S._408"><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">MGH</span></a><span style="font-family: "times new roman" , serif;">] The chapters that follow were sent by the bishops of the provinces of
Reims and Rouen from the palace of Quierzy, where they were meeting, to King
Louis at the palace of Attigny, via Archbishop Wenilo of Rouen and Bishop
Erchenrad of Châlons, in the year of the Lord 858, in the month of November.<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn2" name="_ftnref2" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[2]</span></span><!--[endif]--></span></a> <o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">To the glorious king
Louis, we the bishops of the provinces of Reims and Rouen who could be present
send greetings.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"><o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif;">Chapter 1</span></b><span style="font-family: "times new roman" , serif;">. <i>[The
bishops send their apologies for the meeting]<o:p></o:p></i></span></div>
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<span style="font-family: "times new roman" , serif;">Some of us have the
letters of Your Dominion, in which you ordered that we should meet you on the
VII Kalends of December [25 November] at Reims, so that you might discuss with
us and with your other faithful followers the restoration of the holy Church
and the state and wellbeing [<i>salus</i>]
of the Christian people.<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn3" name="_ftnref3" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[3]</span></span><!--[endif]--></span></a> But we were not able to
come to the meeting, on account of the inconvenience and the shortness of time,
and the unsuitability of the place, and – which is more grievous – because of
the confusion and disorder that has arisen.<o:p></o:p></span></div>
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<span style="color: #171c0d; font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">And according to
the divine laws (which with your brothers you told us that you would observe),
it makes good sense that just as archbishops should not dare to do anything
without the agreement of the suffragan bishops, so neither should suffragan
bishops act without the agreement or order of archbishops, except about matters
that concern their own dioceses. And, in such a short time, we were unable to
arrange letters for the archbishops concerning an assembly. </span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"><o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">Therefore let Your
Excellence know that Our Humility has not disregarded your command, but as has
been said long before us, ‘whoever orders the impossible makes himself
ridiculous’.<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn4" name="_ftnref4" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[4]</span></span><!--[endif]--></span></a>
</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"><o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif;">Chapter 4. </span></b><i><span style="font-family: "times new roman" , serif;">[The bishops call on Louis to examine his
conscience, comparing the situation with the rebellions against Louis the
Pious]</span></i><span style="font-family: "times new roman" , serif;"> <b>[</b></span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._3_S._410"><span style="font-family: "times new roman" , serif; mso-bidi-font-weight: bold; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">MGH</span></a><b><span style="font-family: "times new roman" , serif;">]<o:p></o:p></span></b></div>
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<span style="font-family: "times new roman" , serif;">Firstly, look into
your arrival into this kingdom in [your] heart of hearts, before the eyes of
the Lord, to Whom according to the Psalms <i>the
thoughts of man are confessed</i> [Ps 75:11], and weigh up the scales of
justice. And whatever your encouragers and advisers and flatterers are saying
to you, <i>return to your heart</i> [Is.
46:8]. And whatever you can find and say to justify and recommend your arrival,
examine your conscience: and judge whether you wish to keep doing those things
which you are doing.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"><o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">And place before your
mind’s eye that hour – of which you can be certain, since in no way can you
escape it – when your soul will depart your body, and will leave behind the
whole world and all power and all riches and the body itself, and will go forth
naked and desolate, without the help of a wife or children, and without the support
and company of your retinue [<i>drudores</i>]
and vassals [<i>vassi</i>], and will leave unfinished whatever it thought about
and decided to arrange: for as Scripture says, <i>In that day all their thoughts will pass away </i>[Ps 145:4]</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">. And your soul will see
and feel all its sins, watching as devils constrain and compel it. And whatever
it thought, spoke and did against love and the faith owed on this earth, and
has not made up for in the worthy fruits of penance, it will have before its
eyes for ever, and will wish to escape, and will not be able to. For it is certain that devils come to all men when they
leave their body, both to the just and to sinners; and [the devil] even also
came to Christ himself, in whom he found nothing [of] his, as it is written: <i>The
prince of this world comes, and has nothing in me </i>[John 14:30]. And truly believe us, o king who we wish always to
be good and Christian, that this hour is not far away, but near enough to you,
and nearer than is hoped. <o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">Therefore do not let
those things that you see seduce you. In the time indeed of your father [Louis
the Pious], we saw things begun and initiated by some people which we see in
this time to be brought about by those who do this, and they will be completed
by others. And just as they laugh now when they obtain from you what they want
in the moment of their desire, so they will laugh when the hour of your death
comes to you, and they will ask how they might hold through anyone else what
they obtained from you. And it is possible that some are asking this while you
are still alive.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"> And unless they do worthy penance, they too will go
miserably to that hour of their death, just as those went who abandoned your
father with your brother [Lothar]. For just as they organised sedition against
paternal reverence, so these are inciting you against fraternal love, in the
name of peace and the state of the church and the salvation [<i>salus</i>] and unity of the people. And the
poison was hiding under the honey.<br />
<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">[</span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._3_S._411"><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">MGH</span></a><span style="font-family: "times new roman" , serif;">] And the word of the psalmist was fulfilled in those, and is being
fulfilled in these: <i>Those who speak peace
with their neighbour, but have evil in their hearts</i> [Ps 27:3], and the rest
which follows. And what they received in this world is well known, and what
they will receive in the next world will be known in full in the Judgement. And
seeing their fate [of the rebels against Louis], these [Louis’s followers] should
have feared their deeds, and they should act as </span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">if the Lord looks down at them, He who looks down and protects the small
and the humble; and so <i>once the wicked man
is beaten</i>, as it is written, the child <i>will
be wiser</i> [Prov. 19:25]. And they will understand that
the Lord will neither spurn nor forget his people [<i>plebs</i>] in the end; since <i>it
is because of the misery of the needy and the groans of the poor that I will
now arise</i> [Ps 12;1], said the Lord. Besides,
just as then He said to them, so now the Lord says to these: <i>I was silent,
but can it be that I will always be silent? I will shout out as if giving birth
</i>[Isaiah 42.14]; <i>my hour has not yet come </i>[John 2.4], but now <i>it
is your hour, when darkness reigns </i>[Luke 22.53]; and <i>if you, even you,
had only known on this day what would bring you peace </i>–<i> but now it is
hidden from your eyes, because the days will come upon you </i>[Luke 19.42ff].<span style="color: red;"><o:p></o:p></span></span></div>
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<span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">Invite yourself, we beseech you, to such a place where you are able to
concentrate, to read the homily of St Gregory on the reading of the Gospel: <i>Jesus,
seeing the city, wept over it </i>[Luke 19.41].We
beseech you, lord, that you may have before your mind’s eye that day when your
soul will receive back its own body along with all other men, and you will come
before the face of the eternal Judge in the sight of all angels and men; in
which day, just as St Paul said, the Lord will judge everyone, not through
another’s testimony but through everyone’s hidden thoughts that either accuse
or defend them, when everyone receives their own body, according to his deeds,
whether good or bad. And at that time, the
words that we have written will not be despised by those who now hold them in
contempt, when without doubt they will be repeated as evidence in that terrible
Judgement. And none of those people will help you then. If they continue in
this fashion, doing such things as we hear about and experience and lament, they
will not even be able to help themselves, but will go into the eternal fire, while
the just, who now suffer unjustly, will go into the life eternal. <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif;">Chapter 7.</span></b><span style="font-family: "times new roman" , serif;"> <i>[The
bishops call on Louis to<b> </b>protect the
church, and give the example of Charles Martel as a warning]<o:p></o:p></i></span></div>
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<span style="font-family: "times new roman" , serif;">And if you seek to
restore the church of God, just as you wrote to us, then guard the privileges
due to bishops and to the churches entrusted to them, as is divinely
constituted. Take care to preserve the rights and immunities and the honour of
these churches, as your grandfather and your father kept them. And what your
brother, our lord [Charles], who received part of the kingdom by paternal gift
and with the mutual undertakings of you and your faithful men, has done for the
cult and honour of the churches, you should similarly maintain.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"><o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">And cherish the
rectors and pastors of the church as fathers and vicars of Christ, just as the
Holy Scripture orders, saying: <i>Treat the priests of God as holy</i>, and<i>
lower your head to great men </i>[Eccl.
7:31]. And obey their spiritual counsel, as the Scripture says again: <i>Ask
your father and he will tell you</i>, ask <i>your elders, and they will say to
you </i>[Deut 32:7]<i>; </i>and
similarly: <i>Ask my priests my law; </i>and the Lord through the prophet
Malachi: <i>The lips of the priest shall keep knowledge, and they should seek
the law from his mouth, because he is the messenger of the Lord’s flock </i>[Malach 2:7]. And do not trouble them
at an unsuitable and unfavourable time,<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn7" name="_ftnref7" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[7]</span></span><!--[endif]--></span></a> </span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">but allow them to carry out the sacred ministry, to which they were appointed, for the salvation [<i>salus</i>] of the people; and do not stir up
those subject to them in domestic care, and do not permit them to dishonour or
oppress the bishops.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">Make sure that the fitting
honour and owed rights, which the canons and the capitularies of your
grandfather and father decreed, are preserved for the priests.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"> Command that bishops
shall have the peaceful freedom [<i>libertas</i>]
to travel through their diocese, preaching, confirming and correcting. Ensure
that, if the bishops order it, the <i>missus </i>of the realm, that is the officer
of a count, goes with other people to compel incestuous freemen to come to the
bishops’ court, if they are not willing to come through the admonition of
priests. Establish an officer for this purpose [<i>constitutum ministerio</i>]
through whom, if a bishop tells you about some ecclesiastical necessity for
which his messenger has come, he may obtain what he reasonably seeks in your
palace, just as the count of the palace acts in the matters of the realm.<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn8" name="_ftnref8" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[8]</span></span><!--[endif]--></span></a> Make sure that they are able in peace to have comprovincial
synods with other bishops, and specific synods with priests. Do not allow
church properties and goods [<i>res et
facultates</i>], which are the offerings of the faithful, the price of sins,
and the stipends of the male and female servants of God, to be plundered and
separated from the churches<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn9" name="_ftnref9" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[9]</span></span><!--[endif]--></span></a> – but instead bravely
resist and defend, as a Christian king and <i>alumnus </i>of the church.
<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">Concerning that property consecrated to
God, which the free men serving the church have through the disposition of the
rector of those churches, the successors of the apostles established this
arrangement: so that just as the offering of the faithful grew, and the
wickedness of the unfaithful grew even more, so the armed forces [<i>militia</i>]
of the kingdom might be augmented through the dispensation of the church to
resist the wickedness of evil men, so the churches may have defence and peace,
and Christendom <i>[christianitas</i>] may have tranquillity.<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn10" name="_ftnref10" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[10]</span></span><!--[endif]--></span></a></span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"> Therefore, just as the
goods and properties from which the clerics have a livelihood are under the
consecration of immunity, so too are those goods and properties from which
vassals owe military service; and they ought to be defended with equal
protection by royal power for the requirements of churches.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">For indeed, the
prince Charles [Martel], father of king Pippin, was the first among all the
kings and princes of the Franks to separate and distinguish the goods of the
churches from the churches: because of this alone, he is certainly doomed forever.
[</span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._3_S._415"><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">MGH</span></a><span style="font-family: "times new roman" , serif;">] For the holy bishop Eucherius of Orléans, who rests in the monastery
of St Trond, whilst kneeling in prayer was seized and taken to another world,
and amongst other things that the Lord showed him, he saw Charles being
tortured in deepest hell.<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn11" name="_ftnref11" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[11]</span></span><!--[endif]--></span></a> When Eucherius asked the
angel leading him about it, the angel replied that by the judgement of the
saints, who will judge in the future judgement with the Lord, and whose
property he took and divided up: before that judgement, he [Charles] was
condemned in soul and body to eternal punishment, and he receives penalties for
not just his own sins but also for the sins of all those who gave their goods
and properties in the honour and love of the Lord to the places of the saints
for the lighting of the divine cult and for the sustenance of the servants of
Christ and the poor, for the redemption of their souls. When Eucherius returned
to himself, he summoned holy Boniface and Fulrad, abbot of the monastery of
St-Denis and the high chaplain of King Pippin. He explained what he had seen to
them, and gave as proof that they should go to Charles’s tomb, and if they did
not find his body there, they should believe that what he said was true. And
they went to the aforementioned monastery where Charles’s body was buried, and
they uncovered and looked at his tomb and suddenly a dragon emerged, and the
whole interior of the tomb was found to be blackened, as if it had been burned.
We ourselves saw people who lived up to our time [</span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._3_S._416"><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">MGH</span></a><span style="font-family: "times new roman" , serif;">] and who were involved in this matter, and they attested truthfully in
person to us what they had heard and seen. <o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">Once aware of this,
his son Pippin brought together a synod at Lestinnes,<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn12" name="_ftnref12" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[12]</span></span><!--[endif]--></span></a> of which George the
legate of the apostolic see was in charge along with Saint Boniface – and we
have [the records of] that synod – and he took care to return as much as he
could of those churches’ properties that his father had taken to the churches. And
since he did not prevail in restoring all the properties to the churches from
which they had been taken, on account of the conflict which he was having with
Waifar the prince of Aquitaine, Pippin thereafter asked for <i>precaria </i>grants
to be made by the bishops and decided that ninths and tenths [of the revenues] </span><span style="color: #171c0d; font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">were given to the restoration of the
roofing, and with regards to each <i>casata </i>twelve pence were given to the
church from which the properties were [held as] benefices, as it is recorded in
the book of the capitularies of the king, </span><span style="font-family: "times new roman" , serif;">until these properties could be returned to the church.<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn13" name="_ftnref13" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[13]</span></span><!--[endif]--></span></a><o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">And the lord emperor
Charles, till now, established a decree in the royal name, that neither he nor
his sons nor any of his successors would attempt to do things of these kinds.<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn14" name="_ftnref14" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[14]</span></span><!--[endif]--></span></a> He confirmed this with
his own hand, of which [confirmations] we have very many, and there is an
excerpted chapter in the book of his capitularies which anyone who has that
book and wishes to read it will be able to find.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"> [</span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._3_S._417"><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">MGH</span></a><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">]. We have this account in writing, and some of us have also
heard the emperor Louis your father talk about this in person. <o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">And the holy canons,
written by the Holy Spirit, reckon those who plunder ecclesiastical property
and unduly usurp for themselves ecclesiastical estates to be similar to Judas,
the betrayer of Christ.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"> And the saints in heaven, who reign with God in heaven and
glitter with miracles on earth, will exclude them from the threshold of the
Church and from the heavenly kingdom, like murderers of the poor. About these
sacrilegious people, there is a prediction in the prophecy of the psalmist, who
said <i>My God, send them whirling this way
and that, like leaves, like straws before the wind. See how the fire burns up
the forest, how its flames scorch the mountain-side! So let the fury of thy
onset rout them, thy fury dismay them. Fill their faces with shame </i>[Ps
82:13-17]<i>.</i><o:p></o:p></span></div>
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<br /></div>
<div class="MsoNormal" style="line-height: 150%; margin-bottom: 0cm;"><b><span style="font-family: "times new roman" , serif;">Chapter 12. </span></b><i><span style="font-family: "times new roman" , serif;">[Advice on how to run his court and kingdom]</span></i></div>
<div class="MsoNormal" style="line-height: 150%; margin-bottom: 0cm;">
<span style="font-family: "times new roman" , serif;">Nourish, rule and
arrange your domestic household [<i>domum
domesticam</i>] in such a way that when the people of the kingdom assemble
before you, they may see in you and in your retainers how soberly, how justly,
how piously, and with how much humility and chastity, they ought to nourish,
arrange and govern their household too; for, as a certain wise man once said,
the family will be safe according the habits of its master. And that is why the
king’s household is called a school, that is a <i>disciplina; </i>not so much
because there are scholars like others there, that is disciplined and
well-corrected people, but rather it is called a school, by which we mean <i>disciplina</i>,
that is <i>correctio</i>, because they correct others in behaviour, progress,
in word and deed, and in the preservation of all goodness.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">And unless you are
supported by the God of virtues, you will be like a peg which is not secure,
and you will fall, and those hanging from you will slip. So therefore, as God
taught when he was being tempted to render to those constituted under power,
what is of Caesar to Caesar and what is of God to God – likewise you, who are
under God and above men, render to God what is of God, and like a just Caesar,
render to the subjects what belongs to them.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"> Render to God a pure and immaculate faith and
a most sincere observance regarding priests, the privileges of the churches,
the holy places, ecclesiastical men and women, the defence of the Church and of
<i>christianitas</i>, the equity and justice of the Christian people, the
support, peace and consolation of all the needy, as we set out above. Render to God a daily payment in daily prayer, in just and
assiduous alms. Give to Him your devotion in holy gifts and profuse tears
according to the size and number of your daily sins. Render to your subjects
judgement with mercy, justice with equity. Take care to exalt the humble and
God-fearing, and to subdue and humiliate the proud. Try to be more loved than
feared by the good. Take care that the wicked
fear to do evil things, if not on account of God then for fear of you. Let not
a lying tongue, a full hand or unearned subservience be worth more to you than
truth, equity and sincerity, knowing that it is written <i>he who draws his hand back from every gift will inhabit the heavens</i>
[Isaiah 33:15]. This must be understood aptly: [</span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._3_S._421"><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">MGH</span></a><span style="font-family: "times new roman" , serif;">] and the gift is no different from the spoken favour, from the hand’s
donation, from the subjection of unearned subservience. <o:p></o:p></span></div>
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<br /></div>
<div class="MsoNormal" style="line-height: 150%; margin-bottom: 0cm;">
<span style="font-family: "times new roman" , serif;">Appoint officers of
the palace who know, love and fear God; who take the greatest care that the
needy coming to the palace run to see you, their father and consoler when you
pass through them, and do not – which we do not wish to say – flee whilst
groaning and cursing.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"> Appoint counts and officers of the <i>res publica </i>who
do not love gifts, who hate avarice, who detest pride; who neither oppress nor
dishonour the men of the country [<i>pagenses</i>]; who in no way devastate their harvests, vineyards, meadows
and woods; who do not seize or plunder their cattle or pigs or whatever they
have, nor take it away through violence and trickery; who do things that are of
God and fitting to <i>christianitas</i>, by the counsel of the bishops; who hold courts not to acquire profit, but so that the
houses of God and the orphans and people may have justice; who take more care
to bring the litigants to peace, with justice preserved, than to commit them
[to legal action] so that they can have some profit from it. But if they cannot
placate them, then, as is just, let them make a just judgement with great care,
knowing that it is written <i>I shall judge
you, o man, for what is good </i>[Micha 6:8], that is doing justice and judgment,
and <i>for walking carefully with your God</i>.
So that what pleases Him also pleases you and you carry it out, but what is
displeasing to Him is displeasing also to you, and you do not carry it out.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">But if you do such a
thing through frailty, do not stubbornly or obstinately persevere in your
wicked deed, but at once pull back your foot as if from a hot iron, and tread
in the path of the Lord’s will. And, as it written that there are paths which
seem good to men and lead to the abyss, do as Scripture orders you as a man:
ask for the right path and walk in it. For as it is said in the Gospels, the
path that leads to perdition is broad, and many go through it; and the path
that leads to life is narrow and strait, and few come upon it. Since you are a
man, listen to the prophet and pray with him: <i><span style="background: white;">Set before me for a law the way of thy
justifications, O Lord: and I will always seek after it</span></i> [Ps 118:33]
and <i><span style="background: white;">Lead
me into the path of thy commandments</span></i><span style="background: white;">
[Ps 118: 29], and <i>Remove from me the way
of iniquity: and out of thy law have mercy on me</i>. For as the prophet Jeremiah
says, <i>The path is not man’s, nor is it
man who decides where to walk and direct his steps </i></span>–<i><span style="background: white;"> but his
steps are guided by the Lord, who directs his way</span></i><span style="background: white;">. [Jer. 10:23]<o:p></o:p></span></span></div>
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<span style="font-family: "times new roman" , serif;">Let those counts
similarly, as far as they can, appoint as their officers those who similarly
fear God and love justice, and who, when they see their lords acting kindly and
affably to their countrymen [<i>pagenses</i>], [</span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._3_S._408"><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">MGH</span></a><span style="font-family: "times new roman" , serif;">] attempt according to their measure to imitate them in all goodness and
justice.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"><o:p></o:p></span></div>
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<br /></div>
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<div class="MsoNormal" style="line-height: 150%; margin-bottom: 0cm;">
<b><span style="font-family: "times new roman" , serif;">Chapter 14</span></b><span style="font-family: "times new roman" , serif;">. <i>[Advice on managing royal estates]</i><a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn19" name="_ftnref19" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[19]</span></span><!--[endif]--></span></a><o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: 150%; margin-bottom: 0cm;">
<span style="font-family: "times new roman" , serif;">And finally, appoint stewards
[<i>iudices</i>] of the royal estates who
are not greedy, and who neither love avarice nor usury nor carry it out; nor
let them give royal money or their own as loans, nor let their subordinates be
usurers – all these things you should hate and flee even more than your officers
do. And do not let the stewards oppress royal servants [<i>servi</i>], nor
demand more from them than they used to give in the time of your father, nor
afflict them with carrying duties at inconvenient times. Nor let them condemn
free tenants [<i>coloni</i>] through deceit
or tricks or unsuitable loans. For if through such deeds or others you acquire
a weight of silver or gold in the treasure chest, greater and heavier will be
the weight of sin which you will have on your conscience and soul.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif;">Let the stewards develop
your estates with modest buildings [<i>casticia</i>], so that there should be
the necessary decency and the <i>familia </i>should not be unduly burdened; let
them work and farm the lands and vineyards at the appropriate time with the
sollicitude that is owed. Let them preserve and distribute the products with
faithful discretion; let them make the appropriate and necessary foodstuffs;
let them guard the woods which provide foraging; let them defend and farm the
meadows which provide grazing. [</span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._3_S._423"><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;">MGH</span></a><span style="font-family: "times new roman" , serif;">] In this way it will be not be necessary for you for whatever reason
and on whomsoever’s advice to travel through the possessions of bishops,
abbots, abbesses or counts, nor to demand more hospitality than reason
requires, or to burden the church’s poor [<i>pauperes</i>]<i> </i>and the farmers [<i>mansuarii</i>]
of your faithful men by demanding carting and travelling duties contrary to
what is owed, or to pile up sin on your soul through consuming these unowed
resources.<o:p></o:p></span></div>
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<br /></div>
<div class="MsoNormal" style="line-height: 150%; margin-bottom: 0cm;">
<span style="font-family: "times new roman" , serif;">Nor should you strive
to demand more from the counts and your faithful men from what they take from
the Franks than was the law and custom in the time of your father. You should
rather have enough so that you can live with your domestic household [<i>cortis</i>]
and receive legates coming to your palace, and as is written, enough so that
you can give the necessary to those suffering from just labours. For the king
ought to be generous, and what is given ought not to have been acquired from
injustice or inequity.</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"><o:p></o:p></span></div>
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<br /></div>
<div class="MsoNormal" style="line-height: 150%; margin-bottom: 0cm;">
<span style="font-family: "times new roman" , serif;">The stewards,
however, should discipline the free tenants [<i>coloni</i>] of the estates, so that they do not
oppress the ecclesiastical men or the poorer Franks, or other servants by means
of royal privilege, and so that they do not devastate the woods or those of
others which are in their vicinity. For a just king, who should seek justice,
should not have impious or unjust officers or tenants [<i>coloni</i>]; but he should demonstrate to
everyone a worthy model in himself and in his [followers]. Because if he
himself loves God, all good men will love him, and, if he himself fears God,
all evil men will fear him. And the king as well as his officers should perform
good deeds through love of God, and should teach everyone else to perform good
deeds, and they should shun evil through fear of God, and should instruct
everyone else to shun evil. Appoint envoys [<i>missi</i>] of such a kind
throughout the kingdom, who know how counts and other officers of the state [<i>res
publica</i>] administer justice and judgement to the people, and just as they
are placed over the counts, so they should surpass them in knowledge, justice
and truth.<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftn20" name="_ftnref20" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="color: black; font-size: 11pt; line-height: 107%;">[20]</span></span><!--[endif]--></span></a>
</span><span style="font-family: "times new roman" , serif; mso-fareast-font-family: "Times New Roman"; mso-fareast-language: EN-GB;"><o:p></o:p></span></div>
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<br /></div>
<div class="MsoNormal" style="line-height: 150%; margin-bottom: 0cm;"></div><div>
<!--[endif]-->
<br />
<div id="ftn1">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref1" name="_ftn1" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[1]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> This charter, no. 94 in the
standard MGH edition, is available in French translation with commentary in S.
Glansdorff, <i>Diplômes de Louis le Germanique (817-876)</i> (Limoges, 2009),
pp. 241-8.<o:p></o:p></span></div>
</div>
<div id="ftn2">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref2" name="_ftn2" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[2]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> The Paris manuscript has a
slightly differently-worded version of this preface.<o:p></o:p></span></div>
</div>
<div id="ftn3">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref3" name="_ftn3" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[3]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> These letters do not survive.<o:p></o:p></span></div>
</div>
<div id="ftn4">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref4" name="_ftn4" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[4]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> The origin of this proverb is
unknown, but Hincmar of Reims quoted it on other occasions too: e.g. PL 124
1072.<o:p></o:p></span></div>
</div>
<div id="ftn5">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref5" name="_ftn5" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[5]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Here the bishops are implying that
Louis had a hidden intention in summoning the bishops to Reims – perhaps a plan
to compel them to crown him as king?<o:p></o:p></span></div>
</div>
<div id="ftn6">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref6" name="_ftn6" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[6]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Perhaps a reference to Charles’s
unsuccessful siege of the Vikings at Oissel in July/August 858, recorded in the
Annals of St-Bertin, tr. J.L. Nelson, pp. 87-8.<o:p></o:p></span></div>
</div>
<div id="ftn7">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref7" name="_ftn7" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[7]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Cf. note 5.<o:p></o:p></span></div>
</div>
<div id="ftn8">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref8" name="_ftn8" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[8]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Cf. Hincmar’s comments in <i>De Ordine Palatii</i>, ed. Gross and
Schieffer 1980, ch. 20.<o:p></o:p></span></div>
</div>
<div id="ftn9">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref9" name="_ftn9" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[9]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> A quotation from Julianus
Pomerius, a Late Antique author often cited in Frankish councils.<o:p></o:p></span></div>
</div>
<div id="ftn10">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref10" name="_ftn10" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[10]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Here <i>christianitas</i> seems to have a territorial meaning – ‘Christendom’.
Elsewhere in this text however it seems more to mean the ensemble of Christian
practices (‘Christianity’).<o:p></o:p></span></div>
</div>
<div id="ftn11">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref11" name="_ftn11" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[11]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Bishop Eucherius died around 738.<o:p></o:p></span></div>
</div>
<div id="ftn12">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref12" name="_ftn12" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[12]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Council of Lestinnes, 743, MGH
Concilia I, </span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._2,1_S._5"><span style="font-family: "times new roman" , serif;">pp. 5-7</span></a><span style="font-family: "times new roman" , serif;">, summoned by the Mayor of the
Palace Carlomann.<o:p></o:p></span></div>
</div>
<div id="ftn13">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref13" name="_ftn13" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[13]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> This text is strangely not in
Ansegis’s collection of capitularies, but rather in the collection of Benedict
Levita, I.3<o:p></o:p></span></div>
</div>
<div id="ftn14">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref14" name="_ftn14" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[14]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Probably a reference to Ansegis
I:77, ed. Schmitz, <i>Die
Kapitulariensammlung des Ansegis</i>, pp. 475-6 (</span><a href="http://www.mgh.de/dmgh/resolving/MGH_Capit._N._S._1_S._475"><span style="font-family: "times new roman" , serif;">MGH</span></a><span style="font-family: "times new roman" , serif;">). <o:p></o:p></span></div>
</div>
<div id="ftn15">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref15" name="_ftn15" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[15]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> A reference to the meeting of the three
Carolingian kings at Yutz/Thionville in 844: MGH Concilia III, </span><a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._3_S._29"><span style="font-family: "times new roman" , serif;">pp. 29-35</span></a><span style="font-family: "times new roman" , serif;">.<o:p></o:p></span></div>
</div>
<div id="ftn16">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref16" name="_ftn16" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[16]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> A reference to the meeting of the three
Carolingian kings at Meerssen in 847: MGH Capitularia II, </span><a href="http://www.mgh.de/dmgh/resolving/MGH_Capit._2_S._69"><span style="font-family: "times new roman" , serif;">pp. 69-72</span></a><span style="font-family: "times new roman" , serif;">.<o:p></o:p></span></div>
</div>
<div id="ftn17">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref17" name="_ftn17" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[17]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Cf. a similar argument in
Hincmar’s <i>De Divortio</i>, Appendix
Responsio 1, tr. Stone and West, p. 284.<o:p></o:p></span></div>
</div>
<div id="ftn18">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref18" name="_ftn18" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[18]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> See N. Staubach, ‘“Quasi semper in
publico”. </span><span lang="DE" style="font-family: "times new roman" , serif; mso-ansi-language: DE;">Öffentlichkeit als Funktions- und Kommunikationsraum
karolingischer Königsherrschaft’, in G. Melville and P. Moos, eds, <i>Das
Öffentliche und Private in der Vormoderne </i></span><span style="font-family: "times new roman" , serif;">(Cologne, 1998), 577-618.<o:p></o:p></span></div>
</div>
<div id="ftn19">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref19" name="_ftn19" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[19]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Cf. D. Campbell, ‘The Capitulary
de Villis, the Brevium Exempla and the Carolingian court at Aachen’, <i>Early
Medieval Europe</i> 18 (2010), pp. 243-64.<o:p></o:p></span></div>
</div>
<div id="ftn20">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref20" name="_ftn20" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[20]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Charles the Bald seems to have
taken Hincmar’s advice, issuing in 860 detailed instructions to the missi or
royal emissaries in his kingdom at the Capitulary of Koblenz travelling
throughout his kingdom: MGH <i>Capitularia</i>
II, pp. </span><a href="http://www.mgh.de/dmgh/resolving/MGH_Capit._2_S._297"><span style="font-family: "times new roman" , serif;">269-270</span></a><span style="font-family: "times new roman" , serif;">.<o:p></o:p></span></div>
</div>
<div id="ftn21">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref21" name="_ftn21" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[21]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Here the bishops hold out the
possibility of coming over to Louis’s rule.<o:p></o:p></span></div>
</div>
<div id="ftn22">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref22" name="_ftn22" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[22]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> King Lothar II indeed visited
Louis while he was at Attigny, and made an agreement with him, the details of
which have not survived – see the Annals of St-Bertin, tr. Nelson, p. 88.<o:p></o:p></span></div>
</div>
<div id="ftn23">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref23" name="_ftn23" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[23]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Cf. Hincmar’s calls for a general
synod of the Frankish church in <i>De
Divortio</i>, Response 3 and Appendix Responsio 1, tr. Stone and West, p. 122
and p. 284.<o:p></o:p></span></div>
</div>
<div id="ftn24">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref24" name="_ftn24" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[24]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> This seems to be a reference to
papal letters to Charles the Bald that have not survived.<o:p></o:p></span></div>
</div>
<div id="ftn25">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Charles/Dropbox/teaching/Source%20extracts%20and%20translations/My%20translations/The%20858%20Quierzy%20letter.docx#_ftnref25" name="_ftn25" title=""><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , serif;"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-size: 10pt; line-height: 107%;">[25]</span></span><!--[endif]--></span></span></a><span style="font-family: "times new roman" , serif;"> Cf. Nelson, <i>Frankish World</i>,
p. 161, n. 39.<o:p></o:p></span></div>
</div>
</div>
Unknownnoreply@blogger.com2tag:blogger.com,1999:blog-2478716498788242619.post-72550559667805855352016-07-01T05:03:00.004-07:002016-07-30T01:29:29.969-07:00Bishop Adventius writes to Pope Nicholas, 864<i>In October 863, Pope Nicholas deposed Archbishops Gunthar of Cologne and Theutgaud of Trier, and wrote to all the Lotharingian bishops demanding they present their excuses. This is the letter that Bishop Adventius of Metz sent in response (letter no. 8 of his collection). <br />This is a draft translation, comments and suggestions welcome. You can see the MGH <b><span style="font-family: "calibri" , sans-serif; font-size: 11.0pt; line-height: 115%;"><a href="http://www.mgh.de/dmgh/resolving/MGH_Epp._6_S._219">Latin edition</a>.</span></b></i><br />
<b><span style="font-family: "calibri" , sans-serif; font-size: 11.0pt; line-height: 115%;"><br /></span></b>
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To the most glorious shepherd of the Lord’s flock, the
blessed lord Nicholas, highest and universal pope: Adventius the humble bishop
of the seat of Metz, greetings now and in eternity.<o:p></o:p></div>
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Christ, the Lord God, looking after the flock He acquired
with His own blood with His own accustomed piety, gave to you the dignity of
the highest priesthood. Amongst the many ornaments of spiritual virtues with
which you adorn the holy mother Church in inimitable sanctity, let the holy
dogma of ancient authority shine forth, through which the Christian people,
happily endowed by the effective example of such a father, is able to avoid the
traps of sin and, with God's help, to seize the eternal prize; [<a href="http://www.mgh.de/dmgh/resolving/MGH_Epp._6_S._220">220</a>] and may the
discipline of the ecclesiastical order remain inviolate in your times. For
which my Smallness and all those entrusted to me by divine grace, rejoicing
with me, give thanks to Almighty God. And we plead with devoted prayer that
Almighty God may deign to keep your pontifical Highness long unharmed, to the
consolation of your holy Church and of all faithful souls.<o:p></o:p></div>
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The decrees of your most excellent Apostolicity were sent to
us while we were busy with the most savage oppressions of the pagans [Vikings] and
the most intense attacks of perverse Christians, and were hoping to manage the
care of the Lord’s flock according to our Humility’s capacity. I would have
wanted immediately to rush to give a response to them to the dignity of your
Majesty in person, had old age not made me sluggish, and had persistent
ill-health not compelled me often and unexpectedly<i> </i>to breathe out the spirit. For I would have had great joy of all
reward (? <i>totius meriti</i>) if the
weakness of my health had permitted me to go to the threshold of the apostles
and into your most desired and pre-eminent presence. <o:p></o:p></div>
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But because the pain of gout and my aged limbs deny what I
seek, I commit the measure of my Smallness to the omnipotent God and to holy
Peter and to your incomparable mercy, you who hold the delegation of God and
who resides as the true apostle on the most revered throne of the great prince,
so that I may be succoured by your solace. For if I have been deceitfully
defamed in the sight of your Gentleness as if a supporter of vice, I humbly beg
that you will not disdain to accept in the paternal mood of piety the
explanations of my excuse, not shadowed over by the fog of any lies. These
explanations I have taken care to set out to your Mercy one by one (<i>capitulatim</i>).<o:p></o:p></div>
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Chapter 1. In no way do I accept into the catalogue of
bishops the former archbishop Theutgaud, who up to now has patiently borne the
sentence of his deposition carried out by you according to preceding custom,
and has not at all dared to touch anything of the sacred ministry. But as a very
meek man, he declares that he has foolishly fallen by his own speech, deceived
by the most pertinacious obstinacy of someone else, and setting on the path of
humility and obedience he awaits an opportunity of satisfaction from your pious
generosity.<o:p></o:p></div>
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Chapter 2. I do not count Gunthar, former archchaplain of
the sacred palace, in the list of bishops, nor do I dare to enter into
communion/communication with him and his supporters, since he has made use of
the forbidden office [ie of being an archbishop] and has not feared to treat as
nothing the apostolic excommunication.<o:p></o:p></div>
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Chapter 3. These former primates of the church, with other
archbishops and their cobishops discussed the case of the most pious king
Lothar about his two wives in the presence of your legates in our city, and
took the leadership of our teaching (<i>magistratus</i>).
It is not hidden to your Holiness what they decreed about the complaint of our
prince. By the witness of God with his angels and archangels, I thought that these
things, which were spoken with the agreement of many consuls, were pure and
true. Alone amidst the decisions of the already mentioned archbishops and
bishops at the time, and least in merit and in ordination, who was I to resist the
authorities and judgements of the teachers? I feared that I might in some
respect go against the decretal of Pope Leo, who at title 32 wrote thus:
“Therefore according to canons of the holy fathers established by the Spirit of
God, and consecrated by the reverence of the whole world, we decide that metropolitan
bishops should have the intact rights of their ancient dignity handed down to
them over their provinces”. If they strayed from the rules set down either by licence
or by presumption, I was entirely unaware of it. And so it is written in Chapter
9 of the Council of Antioch [<a href="http://www.mgh.de/dmgh/resolving/MGH_Epp._6_S._221">221</a>], ‘It behoves bishops through all the regions to
know that the metropolitan bishop bears the responsibility for the whole
province. Because of that, let all those who have issues in all respects come
to the metropolitan’, and so on. <o:p></o:p></div>
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I know of what happened at the origins of that already
mentioned complaint only by the account of many, by ear and not by sight, since
I was not then a bishop but was busy keeping watch in the temple of the blessed
Stephen the protomartyr [ie, the cathedral of Metz], and was only very recently
sought out from the clergy in the kingdom of my lord (<i>senior</i>) Lothar and elected by the people, and God knows that I took
on the care of the pastoral office not for ambition but because I was canonically
invited. It may be that I was much more trusting in the words of the
archchaplain and the other fathers who were present than they were to me: and
if I perhaps acted naively in some regard, then it remains for me to hasten
back to the teacher of truth. Let your unique wisdom bring out the rule in this
matter, and behold, I am ready to obey the edicts of your authority as if to
God, on Whose behalf you bring it all forth. I rely on your holy and healthy
advice, I humbly submit myself to the yoke of obedience. <o:p></o:p></div>
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For although I am aware of the commotion of criticism raised
against me by some people’s foolishness, no one can accuse me in this matter of
anything except naivety (<i>simplicitas</i>). For I faithfully say “Behold my witness in Heaven, and
my conscience on high”. And the vessel of election says “Our glory, that is the
testimony of our conscience”. And here blessed Pope Gregory writes thus in the
letter to the <i>patricia </i>Theoctista: “in all things”, he says, “that are said
about us outside, we should hasten back to the innards of the mind. And if
someone’s conscience does not accuse him, then he is free even if everyone else
blames him.”<o:p></o:p></div>
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Chapter 4. If the decree of your Authority by the judgement of
the holy spirit determined that the already mentioned metropolitans have been
deprived of all power of the pastoral office for their excessive ordinances and
for their absolution of the anathema issued by the apostolic see upon Ingiltrude
the wife of Boso: then know most truthfully that I was not at all involved in
that absolution, and after I heard by truthful account that she was wounded by
an inauspicious kind of adultery, I have always abominated her like a lethal
poison. I advise everyone not in any way to have communion/communicate with the
excommunicated, if they dare to use sacred things, as the fourth chapter of
Antioch shows, which orders all those communicating with them to be thrown out
of the church.<o:p></o:p></div>
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Chapter 5. I absolutely deny that I am a supporter of the
condemned or that I am seditious, or that I am guilty of plotting or conspiracy.
I declare that I in no way agree with those supporting these things. Rather I
state that in all things and canonically I support the head, that is the holy
and venerable seat of blessed Peter, to whom He gave the keys of the kingdom of
heaven, on which stone Christ the eternal king
built His holy church, against whom the gates of hell will not prevail. <o:p></o:p></div>
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But the sanctity of your Paternity has inviolably decreed
that in no way should the loss of honours be feared on account of rash actions
and of signing things, and that pardon will not be denied, if we take care to
send you our assent in writing whether in person or through our legates. Let
the most generous Sanctity of your pre-eminence know that our legate, who now has
shown you the already mentioned profession and has clarified it with many
words, was delayed because I called our other co-brothers from various places
together, encouraging them to perceive and think like you. Once I had
ascertained the unanimity of them all, then placed at the margins of this
present life I sent to your holy Paternity this legate as a herald, [<a href="http://www.mgh.de/dmgh/resolving/MGH_Epp._6_S._222">222</a>] the present
bearer of these letters. </div>
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I allow nothing uncertain or condemnable to remain in
me, to whom the dissolution of my own body promises to set out on the path of
all flesh. But I trust greatly in the mercy of the omnipotent God, that he may
concede to me as a sinner the space of this calamitous life, until purged by a
worthy satisfaction, I shall know that the grace of your paternal piety has
been restored to me who seeks it, and I may be congratulated as accepted back
into your fellowship which is worthy to God. For we believe that with the
support of God and of the prince of all the apostle, you, spiritually occupied
in alms-giving and fasting and secret prayers, ought to take care with all your
strength and by divine disposition that the limbs living in the body of Christ
should not perish because of a false deception. Therefore if your Mercy is in
any way bent by my tearful prayers, I humbly beg through the holy and individual
Trinity that, placed in the shipwreck of life, I may deserve to receive from
your holy hand what your gentle master Christ said to some disciples hesitating
before the closed doors, appearing to them and praying “Peace be with you”.<o:p></o:p></div>
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We humbly beg with assiduous hopes and prayers that the
Excellence of your holiness will long thrive unharmed.<o:p></o:p></div>
charleslincolnshirehttp://www.blogger.com/profile/15092839014900507527noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-15999705077745225272016-03-14T10:39:00.002-07:002016-03-15T01:10:13.332-07:00Hincmar of Rheims: First Episcopal Capitulary<i><span style="font-family: "calibri" , sans-serif; font-size: 11pt; line-height: 115%;">This
is the first of five episcopal statutes issued by Archbishop Hincmar over his
long career. The second, not translated here, instructed archdeacons in how
they should assess compliance with these requirements. <br />
Translated by Charles West, 2016. Source:
<a href="http://www.mgh.de/dmgh/resolving/MGH_Capit._episc._2_S._34">MGH Capitula
Episcoporum II, pp. 34-45</a></span></i><br />
<i><br /></i>
In the year 852, on 1 November, at the meeting of priests held in the metropolitan city of Rheims, Bishop Hincmar discussed the laws and ecclesiastical matters. Amongst other very healthy advice, these things were brought forward at the end, to be commended to the memory and carefully observed.<br />
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1.<span class="Apple-tab-span" style="white-space: pre;"> </span>That each of the priests should learn in full the exposition on the creed and on the Lord's prayer, according to the traditions of the orthodox Fathers, and carefully instruct the people entrusted to him by preaching about it. Let him understand too the preface of the Canon [of the Mass], and the Canon itself, and be able to recite it clearly from memory. And he should be able to read well the prayers of the mass, the Apostle [reading], and the Gospel [reading]. Let him know to how to pronounce the words and sentences of the Psalms, properly, off by heart, with the customary canticles. And let him commend to memory the sermon of Athanasius <i>On Faith</i>, which begins “Whoever wishes to be saved”. And let him understand the meaning and be able to explain it in common words.<br />
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2.<span class="Apple-tab-span" style="white-space: pre;"> </span>That no one is allowed not to know the [baptismal] scrutinies, and the liturgical order for baptism.<br />
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3.<span class="Apple-tab-span" style="white-space: pre;"> </span>Let him commend to memory distinctly and rationally the [baptismal] exorcisms, the prayers to make catechumens, the prayers to consecrate the fonts, and the other prayers for males and females, in groups and individually. And similarly the liturgy of baptism for succouring the ill. And whoever is unable to have stone fonts, let him have a suitable vessel for this office of baptism alone. Similarly, let him have clean vessels for washing the <i>corporale </i>and the altar cloths, not used for any other purpose.<br />
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4.<span class="Apple-tab-span" style="white-space: pre;"> </span>Let him learn by heart the liturgy for reconciliation [of penitents] according to the level canonically reserved to him, and the liturgy for anointing the sick, and also the prayers appropriate for this necessity. Similarly, let him learn the liturgy and prayers for funerals and for other matters of the dead, and equally exorcisms and the blessings of water and salt.<br />
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5.<span class="Apple-tab-span" style="white-space: pre;"> </span>That on every Sunday, each priest shall make in his own church, before the service of the mass, holy water in a clean vessel appropriate for such a mystery, with which he can sprinkle the people entering the church. And whoever wishes, let them take some of it in clean little vessels, and sprinkle it through their dwellings and fields and vineyards, over their livestock and their fodder, and over their own food and drink.<br />
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6.<span class="Apple-tab-span" style="white-space: pre;"> </span>That every priest should have a thurible and incense, so that when the Gospels are read, and the offertory for the oblations has been finished, incense may be placed in it, as on the death of the Redeemer.<br />
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7.<span class="Apple-tab-span" style="white-space: pre;"> </span>That the priest should cut up in a clean and suitable container the oblations which were offered by the people and were left over after consecration, and the bread which the faithful brought to church, or his own bread. After the service of mass, those who were not prepared for communion may take them as gifts [<i>eulogia</i>], on every Sunday and on feast days. And let the priest bless it with these words before he gives it out as <i>eulogia </i>to those who take it, and let him take care the crumbs do not carelessly fall out: PRAYER<br />
“O Lord, holy Father, omnipotent eternal God, deign to bless this bread with your holy and spiritual blessing, so that to all those eating it with faith, reverence and gratitude to you, it shall be the safety of mind and body, and a defence against all diseases and all attacks of their enemies. Through our Lord Jesus Christ, your son, the bread of life, who descended from heaven and gives life and salvation to the world, and lives and reigns with you as God, in the unity of the Holy Spirit, for ever and ever. Amen.”<br />
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8.<span class="Apple-tab-span" style="white-space: pre;"> </span>Let every priest studiously read the 40 homilies of Gregory, and understand them. And, so that he should realise that he has been promoted into the church’s ministry in the form of the 72 disciples, let him learn the sermon of the aforementioned doctor about the 70 disciples sent by the Lord for preaching, in full and off by heart. Let him be instructed too in the necessary <i>computus </i>[date calculation] and chant throughout the cycle of year.<br />
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9.<span class="Apple-tab-span" style="white-space: pre;"> </span>Once the morning service is over, let him pay the debts of his duty by singing prime, terce, sext and nones. Then the remaining hours [ie, daily liturgy] will be publicly completed as far as possible either by himself or by his pupils. Then, once the service of the masses over, and the sick have been visited, let him turn to agricultural work, and whatever else is needed, keeping the fast so that he is able to attend to the necessities of pilgrims, guests or various travellers, the sick and dying, up to the agreed time, according to the quality of the season and the opportunity.<br />
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10.<span class="Apple-tab-span" style="white-space: pre;"> </span>That he should take care of guests, especially the poor and crippled, orphans and pilgrims; and he should invite them to his lunch every day, as far as possible, and give them hospitality appropriately.<br />
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11.<span class="Apple-tab-span" style="white-space: pre;"> </span>That no priest should dare to give the chalice or paten, altar cloth or sacerdotal vestment or book to an innkeeper or merchant or any lay man or lay woman as a pledge. For such is the sanctity of the holy ministry, as Lord forbade through the prophet, with understanding of the higher mystery, that no priest should go forth to the people in his holy garments, but should remove them within the sanctuary as he returns to the people from the holy colloquium. And for whom it is prohibited by the holy canons to enter taverns to drink, lest the holy items of the holy ministry be touched by the impure, how much less should he give them as a pledge? This the holy Pope and Martyr Stephen taught in his decretals to St Hilarus.<br />
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12.<span class="Apple-tab-span" style="white-space: pre;"> </span>That no priest should bury anyone in the church without consulting the bishop, except those people whom we have designated individually and personally in a synod. Nor should he demand or extort anything for burial. If however something is given freely by any devout people, to the altar or to the church or to himself, we do not forbid him to accept it courteously.<br />
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13.<span class="Apple-tab-span" style="white-space: pre;"> </span>That no priest should take any gift (<i>exenium</i>)<i> </i>or temporal emolument, or rather spiritual detriment, from any public sinner or incestuous person, in order that he will keep quiet about their sin to us or our ministers. Nor should he hesitate, on account of respect of persons or kinship or closeness, sharing in the sin of others, to let us or our ministers know about it. Nor should he presume to take any grace or favour or gift from any penitent, in order that he bring him to reconciliation while he is not worthily penitent and provide him with a testimony of reconciliation, while by spite he removes another, perhaps more worthily penitent person, from reconciliation. This is simony, and abominable to God and man.<br />
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14.<span class="Apple-tab-span" style="white-space: pre;"> </span>That when the priests go to a gathering for an anniversary, or the 30th or 3rd or 7th [commemoration dates] of a dead person, or any other occasion, no priest shall dare to get drunk, nor be asked to drink in honour of the saints or his own soul. Nor should he force others to drink or himself gulp it down on someone else’s request, nor should he dare to have raucous applause and laughter, or to tell silly stories, or to sing. Nor shall he allow shameful games with a bear and <i>tornatrices </i>to take place in front of him. Nor should he allow masks of demons, which are commonly called <i>talamascas, </i>to be brought out, since this is devilish and prohibited by the sacred canons. Rather let him eat with honesty and religion and go back to his church at the right time. Above all, let each take care that, as he wishes to rejoice in his status, he shall not for some reason and by some words annoy or provoke his peer or anyone else, to anger and disagreement and arguing, still less to fighting and murder. Nor if provoked should he rise to these things. For the devil is always involved in these joint dinners and drinks, which the unreligious arrange.<br />
When however priests meet for some dinner, let the deacon or someone senior amongst them begin the verse in front of the table, and bless the food. And let them be seated according to order, each doing honour to the others, and let them bless the food and drink in turn, and let one of these clerics read something from the holy writings. And after they have eaten, let them recite a sacred hymn, by the example of the Lord and saviour and his disciples, as we read they did at dinner. And let priests control themselves in every place, especially in such things, lest, as the apostle says, ‘our ministry should be brought into disrepute’.<br />
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15.<span class="Apple-tab-span" style="white-space: pre;"> </span>That when the priests meet together on the first of every month, after the holy mystery and the necessary <i>collatio </i>has been celebrated, let them not sit down at table as if for a feast (<i>prandium</i>), and weigh themselves down with unsuitable dishes, because this is shameful and burdensome. Often returning late to their churches, they complain about the damage of reprimand, and argue amongst one another about their mutual burden more than they do anything of profit. For Paul the Apostle chastises the Corinthians about this kind of meeting, which takes place under the cover of religion: they used to meet together to take the Lord's supper, unsuitably. Thus those who come to the Lord’s supper, that is to the <i>collatio </i>of the word, as an excuse and in truth are joined together for the sake of their stomachs, will be held as reprehensible before both God and men.<br />
And so once everything they wanted has been carried out, let them break bread in the house of their co-brother, with their other brothers, with thanks and love, and let them have individual drinks, and above all let them not take the cup more than three times, and return to their churches.<br />
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16.<span class="Apple-tab-span" style="white-space: pre;"> </span>About the groups which are popularly called <i>geldonia </i>[cf English 'guilds'] or <i>confratriae, </i>we have advised verbally and now we expressly warn in writing, that there should be so much as pertains to reason, authority and usefulness; and that none, whether priest or member of the faithful, should dare to go beyond this in our diocese. That is, that they may join together for every religious duty, that is in gifts, lighting, mutual prayers, funerals for the dead, almsgiving and other offices of piety. Those who wish to offer a candle, whether individually or as a group, may bring it to the altar either before the mass or during it, before the gospel is read. They may make one offering and oblation only, for themselves and all those conjoined and close to them. If he brings more wine in a barrel or a jug or more oblations, then let him give them to the priest or his minister either before or after the mass, from which the people may take <i>eulogiae </i>in alms and blessing from it, or the priests may have a supplement.<br />
But feasting and joint dinners, which holy authority prohibits, and where arguments and un-owed exactions and shameful and stupid mirth and disorder often take place, leading, as we have seen, to murder and hatred and dissension – these things we absolutely forbid. If anyone dares to do this, then if he is a priest or some cleric, he will be deprived of his grade; if he is a layman or woman, he or she will be separated from the church until satisfaction is done.<br />
If it is necessary that the co-brothers should all come together for a meeting, for example if someone has an argument with his peer which must be reconciled, but which cannot be without a meeting of the priest and the others, then, after these things which are of God and are fitting to the Christian religion have been carried out, and after the required admonitions, <i>if it happens that everyone comes together for refreshments by the law of love and fraternal consolation, we permit this to happen. Let them preserve modesty and temperance and sobriety and the concord of peace, as befits co-brothers, so that everything is for fraternal edification and the praise and glory of God. And let what the Saviour says particularly be watched out for, ‘Watch out lest your hearts be weighted down in intoxication and drunkenness.’ </i>(1). Let those who wish take <i>eulogiae </i>from the priest, and break bread only, and let each person have a single drink and dare to take nothing else. And then let each one go home with the Lord's blessing.<br />
<br />
<br />
17.<span class="Apple-tab-span" style="white-space: pre;"> </span>That if any priest should die, the neighbouring priest should not obtain from the secular lord by request or by some gift a church which was previously independent, nor even a chapel, without our permission. If he should do this, let him receive a sentence that follows, as decreed by the canonical authority about the bishop who through ambitions seeks a greater city: he should lose that which he holds, and not obtain that which he tried to usurp.<br />
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<span style="font-family: "calibri" , sans-serif;"><span style="font-size: 13.3333px; line-height: 15.3333px;">(1). </span></span>This section in italics is not present in all manuscripts.<o:p></o:p></div>
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Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-2478716498788242619.post-47154099465617717422015-12-14T04:05:00.005-08:002016-03-14T10:49:22.468-07:00The Judgement of Courtisols<div align="center" class="MsoNormal" style="text-align: center;">
<b>The judgment of Courtisols, 13 May 847<o:p></o:p></b></div>
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<i><span style="font-size: x-small;">Based on the edition in J-P. Devroey, "Libres et non-libres sur les terres de Saint-Remi de Reims: La notice judiciare de Courtisols (13 Mai 847) et le Polyptyque d'Hincmar , Journal des Savants (2006), 65-103</span></i><br />
<i><span style="font-size: x-small;">Translated by Charles West 2016</span></i></div>
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On the command of Archbishop HINCMAR, his legates – that is
Sigloard the priest and head of the school of the holy church of Rheims, and
the noble Dodilo <i>vassalus</i> of the
bishop – came to Courtisols. Sitting at the public court, and investigating the
justice of Saint Remi and of the already mentioned lord [Hincmar], they heard a
rumour [<i>sonus</i>] about the <i>mancipia<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftn1" name="_ftnref1" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><b><span style="font-family: "calibri" , "sans-serif"; font-size: 11.0pt;">[1]</span></b></span><!--[endif]--></span></a></i>
whose names are given below, and about their genealogy: that they rightly ought
to be <i>servi</i> and <i>ancillae</i>,<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftn2" name="_ftnref2" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "calibri" , "sans-serif"; font-size: 11.0pt;">[2]</span></span><!--[endif]--></span></a>
because their grandmothers Berta and Avila had been bought by the lord’s price.
The above-mentioned legates, when they heard this, diligently looked into the
matter.<o:p></o:p></div>
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These are the names of those who were present and
questioned: Grimold, Warmher, Leuthad, Ostrold, Adelard, Ivoia, and the
daughter Hildiardis.<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftn3" name="_ftnref3" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "calibri" , "sans-serif"; font-size: 11.0pt;">[3]</span></span><!--[endif]--></span></a>
They said in response “That is not so, for we ought to be free by birth”. <o:p></o:p></div>
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The already mentioned legates asked if there was anyone
there who knew the truth of this matter or who wanted to prove it. Then very
old witnesses came forward, whose names are these: Hardier, Tedic, Odelmar,
Sorulf, Gisinbrand, Gifard, Teuderic.<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftn4" name="_ftnref4" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "calibri" , "sans-serif"; font-size: 11.0pt;">[4]</span></span><!--[endif]--></span></a>
And they testified that their origin had been bought by the lord’s price, and that
they ought by justice and law more to be <i>servi</i>
and <i>ancillae</i> than free men and free
women. <o:p></o:p></div>
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Then the legates<i> </i>asked
if the witnesses against them were telling the truth. They [the <i>mancipia</i>] saw and accepted the truth and
proof of the matter, and at once re-entrusted themselves, and re-pledged the
service that had been unjustly held back and neglected for so many days,
through the judgement of the <i>scabini<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftn5" name="_ftnref5" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><b><span style="font-family: "calibri" , "sans-serif"; font-size: 11.0pt;">[5]</span></b></span><!--[endif]--></span></a></i>,
whose names are these: Geimfrid, Ursold, Frederic, Urslaud, Hroderaus,
Herleher, Ratbert, Gislehard.<o:p></o:p></div>
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ENACTED in Courtisols on the 4<sup>th</sup> Ides of May in
the public court, in the sixth year of the reign of the glorious King Charles;
and in the third year of the rule of Archbishop Hincmar of the holy see of
Reims.<o:p></o:p></div>
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Sign: I Sigloard the priest was present and subscribed with
my own hand to all these truthful matters. I Heronod the chancellor signed. I
Dodilo signed with my own hand. Sign of Leidrad the monk. Sign of Adroin the
mayor. Sign of Gozfred the advocate. Sign of Flotgis. Sign of Guntio. Sign of
Betto. Sign of Rigfred. Sign of Urinus. Sign of Alacramn, Altiaud, Balsmus,
Balthard, Fredemar, Tuehtar, Atuhar, Geroard, Wido, Righard, Amalhad, Rafold,
Alter, Amalbert.<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftn6" name="_ftnref6" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "calibri" , "sans-serif"; font-size: 11.0pt;">[6]</span></span><!--[endif]--></span></a> I
Hairoald the chancellor authorised and signed. <o:p></o:p></div>
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The above mentioned witnesses also proved that Teutbert and
Blithelm were by origin <i>servi</i>, and
they repledged their service in that court meeting, by the judgement of the <i>scabini</i> whose names are written above. <b><o:p></o:p></b></div>
<br />
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<br />
<div id="ftn1">
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<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftnref1" name="_ftn1" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "calibri" , "sans-serif"; font-size: 10.0pt;">[1]</span></span><!--[endif]--></span></a> <i>Mancipia</i> is a term that generally means
‘unfree people’, and that would traditionally be translated as ‘slaves’. In
property transfer records, <i>mancipia</i>
are listed as part of an estate’s assets, along with livestock and agricultural
infrastructure.<o:p></o:p></div>
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<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftnref2" name="_ftn2" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "calibri" , "sans-serif"; font-size: 10.0pt;">[2]</span></span><!--[endif]--></span></a>
Ie, male and female slaves/servants.<o:p></o:p></div>
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<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftnref3" name="_ftn3" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "calibri" , "sans-serif"; font-size: 10.0pt;">[3]</span></span><!--[endif]--></span></a>
These people are listed in the estate survey for Courtisols that was made
around the same time (in the polyptych of St-Remi). It is to be noted that many
of them were joint tenants of holdings along with people of free status, which may
well be why they claimed that they were free too.<o:p></o:p></div>
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<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftnref4" name="_ftn4" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "calibri" , "sans-serif"; font-size: 10.0pt;">[4]</span></span><!--[endif]--></span></a>
All these witnesses were legally-free inhabitants of Courtisols.<o:p></o:p></div>
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<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftnref5" name="_ftn5" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "calibri" , "sans-serif"; font-size: 10.0pt;">[5]</span></span><!--[endif]--></span></a> <i>Scabini</i> were residents who enjoyed a
special status: something like jurors or local councillors.<o:p></o:p></div>
</div>
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<a href="file:///C:/Users/Charles/Desktop/The%20judgment%20of%20Courtisols.docx#_ftnref6" name="_ftn6" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "calibri" , "sans-serif"; font-size: 10.0pt;">[6]</span></span><!--[endif]--></span></a>
Most of these names were other residents of Courtisols.<o:p></o:p></div>
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Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-72099017283005563012015-09-22T23:53:00.000-07:002016-07-30T01:30:00.017-07:00On the wife of Boso<div class="MsoNormal">
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<b>Hincmar of Rheims: <i>De uxore Bosonis</i><o:p></o:p></b></div>
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<i><br /></i></div>
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<i>Edition: MGH Epistolae
Karolini Aevi VIII, pp. 81-87, no. 135<o:p></o:p></i></div>
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<i>Transmission: Paris
BnF. lat 2866, fols.120-124v.<o:p></o:p></i></div>
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<i>Dating: Autumn 860<o:p></o:p></i></div>
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<i>Trans. by Rachel
Stone, with assistance of Charles West<o:p></o:p></i></div>
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<div .="" 81="">
Hincmar, by name not merit bishop of Rheims
and servant of the people of God, to the sacred convention.</div>
<a name='more'></a><br />
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A certain person put certain matters to blessed Ambrose, for
the explanation of which Ambrose invited him the next day to the church, where beginning
a sermon, he said: ‘I came to discharge a debt to my creditor’. And now I too
provide the solution to the question proposed to me yesterday, when I was not
able to reply to the lord Gunther [Archbishop of Cologne], for three reasons. <br />
<div .="" 82="">
Namely, that we were again and again advised to draw back (<i>revertendum</i>), and since there were many
wise men present in the convention, of whom some were striving to set things out,
but others to bring them to an end (<i>absolvere</i>),
I, compelled by necessity, was forced by such speed more to confuse words together
than to set them out, before another might snatch the sentence from me, from my
very lips, so that a mouth could not suffice to utter what convulsed memory could
supply.<a href="file:///C:/Users/Dell/Documents/PhD/Translations/Hincmar%20letter%20135%20-%20revised%20version.docx#_ftn1" name="_ftnref1" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , "serif"; font-size: 12.0pt;">[1]</span></span><!--[endif]--></span></a>
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But also, just as is written: ‘He who strongly presses the
udders expresses butter, and he who vehemently milks brings forth blood
[Proverbs 30:33]’, I feared lest if I were to respond rashly and hastily I
would decide with the mind of the flesh, since my heart, occupied in other
things, had left me and the serene light of my little intelligence (<i>intelligenticula</i>) was not in or with me.
Therefore I delayed until the hand were perhaps to be stretched forth, according
to the prophet, which would nourish me with the <i>volumen</i> of understanding. For as often as it is stretched forth, so
often the things that we did not know before are revealed to us by divine
grace.</div>
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About which matter, let us set out the question of the lord
Gunther, and let us provide a solution from the largesse of God’s grace, according
to the grasp of our understanding. If, he says, the wife of Boso [Ingiltrude]
should come to us and should be publicly confessed, saying </div>
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‘I have by my own fault cuckolded
(<i>adulteravi</i>) my husband. Therefore, terrified
by fear of death, I have fled to you, who are the deputy of God, so that you
might both save me for God and free me from mortal death, which threatens me
from the part of my husband’: </div>
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ought I to impose public penance on her, which she might
carry out in my diocese (<i>parrochia</i>),
into which she has fled, separated from her husband; or ought I to return her
to the same husband, under such a condition that he in no way kills her, but
after penance keeps her in marriage? So that if he should kill her, he should
know that he will be punished by ecclesiastical condemnation, since it is a
crime (<i>nefas</i>) for anyone placed in
public penance to be killed by anyone.</div>
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We reply. That woman, born, baptized, nourished, grown up,
enriched with the inheritance of property, in your diocese or anyone else’s: Boso,
born not only in another diocese but in another province, and led through all
the steps into full manhood [<i>perfectum
virum</i>], staying under the care of another bishop, obtained her according to
human and divine law from those to whom she belonged. He betrothed (<i>desponsavit</i>) endowed and honoured with
public nuptials that woman and associated her to him in the bond of marriage (<i>coniugii copula</i>) and made her one body
and flesh with him, just as is written: ‘There will be two in one flesh; now
they are not two but one flesh’; and ‘What God has joined let not man separate
[Matthew 19:5-6].’ Except perhaps [separated] forever by consent on account of
continence, whereby they are joined all the more, the more spiritually; or
separated for a time, so that they may be free for prayers and then return
again into the marriage itself, lest they should be tempted by Satan because of
incontinence. Or if separated in the case of fornication, let them thus remain as
they are, that is unmarried (<i>innupti</i>)
and separated, or be mutually reconciled. </div>
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In what way can you separate and hold under penance the
inferior part of the body of that person, who lies under the providence of
another, who cannot even remain continent for prayer without the consent of the
superior part? ‘For the woman does not have power of her body, but the man, and
the man does not have power of his body but the wife [1 Corinthians 7:4]’. ‘The
husband ought to render the debt to the wife and the wife to the husband [1
Corinthians 7:3]’, so that they are not tempted by Satan because of
incontinence. <br />
<div 83="">
Whichever of them does not do this, unless he sends
her away for the sake of God by agreement, makes his equal (<i>par</i>), nay rather his body, commit
adultery. If you should impose penance on this woman, who is part of the body
of a man of another diocese, without the consent of the rector and the husband,
you act against church rules, and as Pope Leo teaches, you will be deprived of
the communion of honour. </div>
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And again: If you place your hand on this woman through the
law of penance, and that member should follow her head – for the man is the
head of the woman – into another province under the oversight of another bishop,
who will take care of her penance? Who will attend to her tears and confession,
which he has not heard, so that she may be reconciled according to the canons?
Who will place his hand on her for reconciliation, since the sacred rules
decree that no bishop may receive someone placed under the hand of another
bishop for reconciliation, nor may receive someone who has been reconciled
without the letter or consent of the reconciler? And in what way will you judge
part of the body, nay rather, the human being of another bishop and diocese? Nay
rather, you will despise penitential judgement. Since it is written what St
Gregory in his decrees explained hence: ‘if you should pass over through the
harvest of your friend, you will rub the ears of grain with your hands, and you
will eat, but do not use your sickle, or reap with your sickle’. That is, [you
may] hurry to draw people of another diocese into the body of Christ which is
the Church by example of preaching and deeds – however, in such a way that you do
not despise your simpler (<i>simplicior</i>)
brother, lest you fall into ruin and a noose, that is vainglory of the devil –,
but do not permit using either the sickle of judgement or reaping with the
sickle of judgement, that is to cut into or cut off [from the body of Christ].</div>
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Just as Boso himself says, he raises no reproach [<i>crimen</i>] against the same woman who is
his flesh, but for the sake of the order of the apostolic lord [the Pope], he
is prepared to forgive this hardly small negligence: that she removed himself
from his service, and as much as she could made him to commit adultery; and
sending him away against authority and justice and delaying in other kingdoms for
around three years, she is so contumacious towards his mandate, so that compelled for such a long time nor would she
return to him. So, it remains that the king in whose realm she dwells,
according to the chirograph of our kings, should have her brought to the
presence of her husband. And you, O bishop in whose diocese she delays, since
this is not for the king, just as St Gregory orders about these who flee to the
church; if necessity demands, you should ask and demand security from her
husband about preserving equity to her, and after this let a <i>missus</i> of the state [<i>respublica</i>] restore the wife lapsed in flight
back to the husband. </div>
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If this man [Boso] should break his oath and should be
disobedient to the apostolic warning, then let the bishop to whose care he pertains
stretch forth canonical judgement in him. <br />
<div .="" 84="">
But if the woman who
has confessed adultery or been legally convicted of it escapes uninjured, the
same bishop should subject her to penance by ecclesiastical law, as is
recognised by secular law to be sensible and customary, so that evils which are
perpetrated may be amended in those places in which they were legally proved to
have been perpetrated. Apart from this, nothing seems to me to be done: either
we carry out the admonitions of the apostolic lord or we shall incur judgement.</div>
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But about the oath [<i>sacramentum</i>]
that you might demand for impunity of life and limb, if thus the quality of
deed should demand it, at the expense of the law (<i>legali privatione</i>), because she fled as if to clerical piety, since
she demanded your help, that is episcopal help. You ought to ponder subtly what
St Gregory decreed to be sought also for those who flee to the holy shrine,
namely the preservation of equity, lest you should be seen or be said to want
to confound and destroy the status and order and vigour not only of the church
but also of the whole world, and to hinder the apostolic doctrines and of
apostolic men. They not only observed the law as promulgated by Christian kings
and commanded them to be observed, but also demanded them to be promulgated,
just as is to be found many times in the canons of Carthage and the African
council and of other councils, and the decrees of the apostolic seat. Whence
also St Gregory based admonitions to John the Defensor and also to others entirely
on legal edicts, and St Gelasius wrote to the emperor Anastasius: </div>
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‘For if’, he said, ‘the bishops
of religion themselves obey your laws, as much as it pertains to the order of
public discipline, knowing that rule (<i>imperium</i>)
is conferred on you by heavenly disposition, nor also in secular matters are
they seen to resist the sentence of exclusion (<i>exclusae sententiae</i>), then I plead that it befits you by that affection
and it is fitting to obey them, who are assigned with the requesting of venerable mysteries. </div>
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<br /></div>
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And St Leo writing to Bishop Turibius of Astinas says: </div>
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‘By merit, our fathers in whose
times this impiety of heresy [Priscillianism] broke out, instantly acted through
the whole world, so that the impious madness should be driven from the universal
church; then also the princes of the world thus detested this sacrilegious
madness, so that they overthrew its author with very many disciples by the
sword of public laws. For they saw every care of honesty would have been snatched
away, every bond of marriage would have been dissolved and both divine and
human law would have been subverted, if it had been allowed to people of this
kind ever to live with such a declaration. That severity long benefited the ecclesiastical
mildness, which, even if it flees cruel punishments, content with priestly
judgement, yet is helped by the severe constitutions of Christian princes, as
those who fear corporal judgement sometimes run back to spiritual remedy. But
because a hostile invasion occupied many provinces and the tempests of war shut
off the execution of laws, and because travel among the priests of God began to
be difficult and conventions became rare, secret treachery found liberty on
account of public perturbation, and it has been roused by these evils to the
subversion of many minds, by whom it ought to be corrected’.</div>
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Read Book 16 of the Roman law, read the decree of Damasus,
hurry through the letters of Leo <br />
<div .="" 85="">
and of the other popes sent to
the emperors from diverse councils, read over the edicts of the emperors
promulgated about heretics at the request of the popes, study the capitularies
of our Caesars. You will find how much the severity of law has profited and
does profit not only ecclesiastical mildness, but also the peace to be hoped
for and the tranquillity to be cultivated of all Christianity. For wisdom, that
is Christ the virtue of God, and the wisdom of God, said: ‘Through me kings
reign and the compilers of laws discern just things [Proverbs 8:15]’ and the
Apostle: ‘Indeed the law is holy and the mandate holy and just and good [Romans
7:12]’. Whence Ambrose: ‘The gospel word witnesses that the mandate is
understood to be the law; for it says: “If you should want to come to life,
keep the mandates [Matthew 19:17]”. And the same Apostle: “The law is placed
because of transgressions [Galatians 3:19]” and “The law is not laid down for
the just, but for the unjust and the unsubdued, the impious and sinners,
evil-doers, contaminated, patricides and matricides, homicides, fornicators,
sleepers with males, kidnappers, and liars, and if anything else is opposed to sound
doctrine” [1 Timothy 1:9-10]’. And again: ‘For those who rule are not to be
feared by those working good, but evil [Romans 13:3]’. Whence Ambrose: ‘He
calls these kings princes who are created for the sake of correcting life and
prohibiting adverse things, having the image of God, so that the remainder may
be under one’. And again the same Apostle: ‘But do you want not to fear power?
Do good and you will have praise from it [Romans 13:3]’. Hence the same doctor:
</div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
‘Praise also then rises from
power, when someone is found innocent. “For he is a minister of God to you in
good things [Romans 13:4]”. It is therefore clear that <i>rectores</i> are given lest evil happen. “But if you should do evil, be
afraid. For he does not bear the sword without reason [Romans 13:4]”. That is
therefore that he threatens that if should be defied, he will avenge. “For he
is a minister of God, a judge in wrath of him who does evilly [Romans 13:4]”.
Since God established the judgement to come and wants no-one to perish, he
ordained <i>rectores</i> in the world, so
that by means of terror, they should be to men like teachers [<i>paedegogi</i>], educating them about what
they should keep, lest they should fall into the penalty of the judgement to
come. “Therefore be subject not only because of anger,” that is present revenge,
“but also because of conscience [Romans 13:5].” Rightly he says the subjected
ought to be not so only because of anger, that is present revenge – for He
prepares punishment – but because of the
judgement to come, since, if they should
escape here, their punishment awaits them, where they will by punished, with
conscience itself as an accuser’.</div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
And St Cyprian in the ninth grade of abuse says ‘that it
behoves a king not to be iniquitous but to be a corrector of the iniquitous.’ And
again there among other things: ‘he ought to curb thefts, punish adulteries, drive
the impious from the earth, not allow parricides and perjurers to live, not
allow his sons to act impiously.’ And blessed John Chrysostom in homily 16 of
the Gospel of Matthew says: </div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
‘“Hear, said the Lord, that it
was said in former times, an eye for an eye and a tooth for a tooth. [Matthew
5:38]” He did not hallow that law so we might scratch out each others’ eyes,
but so that by the dread which we fear to suffer it from another, we ourselves
might also avoid permitting anything of that kind, so that also he who should
not want to desist from cruelty by goodness of will itself, at least would be
forced by fear to spare the eyes of their neighbours. But if that is said to be
cruel, then to coerce homicide and adultery would also be said cruel. But those
words are those of the senseless, and of those crazy with the greatest madness.
For I fear to say these things are cruel, so that I might thoroughly teach iniquitous
things contrary to this, as general reason certainly also perceives. </div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
<br /></div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
For you say that since he ordered
an eye to be taken for an an eye, it is therefore cruel; but I reply that
unless he had ordered it, then truly very many would have been such as you wrongly complain that he is (<i>qualem tu eum falso esse conqueriris</i>). And
finally, let us imagine in speech that all law has been dissolved, nor does anyone
dread punishment for deeds of this kind, but it is wholly allowed to all evil
people <br />
<div .86="">
, and to adulterers and homicides and thieves and perjurers
and parricides to use their customs. Would not under this license a single confusion
of iniquity entangle all equally? Would not cities, fora, homes, seas and all
the world have been utterly filled with a thousand crimes and slaughters? For
if even with dominating laws, vigorous threats and terror, scarcely are the
wills of evil restrained, then if even this defence had been absent, by what
reason could evil have been checked? Or what pestilence would not erupt in the
life of people? Not yet is only that cruel, namely to permit the evil to do
what they might want, but also there is another cruelty certainly nothing less
than this, that is to neglect and despise the injured person and undeservedly
afflicted person. </div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
<br /></div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
Tell me, if someone collecting wild
and perpetually malign men together had armed them with swords, and had ordered
them to go round the whole city and to strike down anyone they met, what could
be more savage than this? But if indeed another were to bind and violently
constrain those who had been armed by the first, and free from their iniquitous
hands those who were to be killed, what in that region would be found more
humane? Transfer this example therefore also to the law. For that which orders an
eye to be taken for an eye, giving sinners a fear as of executioners, is found
similar to him who I said hinders those armed people. But he who decreed no
penalty at all to those who harm, let him seem to you to have armed iniquity
and to have imitated him who instructed those evil men with swords and hence sent
death upon the whole city. Do you not see how these precepts are not only of no
cruelty, but indeed of the greatest piety?’ </div>
<div class="MsoNormal">
And in the letters of blessed Gregory, he who should want to
read will very often be able to find him punishing malefactors and the
iniquitous with an appropriate revenge.</div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Whence, dearest brother, consider that to act or protest against
this is not only to confound the laws of piety, but is also to bring in
troubles for priestly innocence and the criticism of purity, and to impose the
blasphemies of derogation. Evil-sayers will say: ‘Paul said “Not only those who
do, but also those who consent to those doing are worthy of death [Romans 1:32]”,
he [Gunther] did not permit the iniquitous to be coerced’. Whence also the Lord
through the psalmist, says to one such as this priest: ‘Why do you explain in
detail my justice, and take up my witness through your mouth? In truth you
hated discipline, you used to run with the thief and you placed your portion
with adulterers [Psalm 50:16-18] ’. For one does not cherish evil men if one
loves good, but loving the person and hating the sin which is his, let him act,
and let him not oppose what is decreed by God, through the authors of the law,
discerning justly. </div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
And iniquitous women and perverse men will say: ‘Let us do
what we want, and we shall go to church or the bishop and we shall be unpunished’.
As a result, our ministry (<i>ministerium</i>)
will be blameworthy and we will be contemptible, that is despising legal
justice set down by God for the unjust,
since every individual just law does not
have a fault (<i>crimen</i>), lest it be
unjust, and yet it punishes the guilty man
(criminosus), so that it may truly be just. And from the region, some
will cry out: ‘Scripture says: “Do not be over-righteous [Ecclesiastes 7:16]”; “Blessed
also are the merciful [Matthew 5:7]” and “The judgement will be without mercy of
him who does not act with mercy [James 2:13]” and “Mercy overreaches judgement
[James 2:13]”, and the Lord to the adulteress: “Nor do I condemn you. Go and
sin no more [John 8:11].” And you O priest, to whom ought you to show mercy
except to the wretched, and you close the the bowels of compassion for him by
not showing compassion, are you free from punishment in this? Cautiously and
discretely aware of this relaxation (<i>derogatio</i>)
of each part in respect of those serving the sacred mysteries, blessed Gregory
wrote to the former consul Leontius, warning: </div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
‘Your Glory ought to remember
that you have never received my letters for the commendation of someone, unless
so that you may offer your protection, as justice favours. For it is shameful
to defend what one has not first established to be just. I indeed love people
because of justice, but I do not disregard justice because of people’. </div>
<div class="MsoNormal">
And to the defensor of Rome: <87> </87></div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
‘You ought to provide ecclesiastical
protection, whether you have received my letter, or even if they have not been
sent, under such moderation, so that if someone is implicated in public thefts,
they should not seem unjustly defended by us, lest we should transfer into
ourselves in any way the opinion of those doing bad things, by daring an indiscrete
defence. But as much as it behoves the church, help those you are able by
admonishing and by applying the word of intercession, so that you may both
offer aid to them and not pollute the opinion of the holy church.’</div>
<div class="MsoNormal">
But also about these who would flee to the thresholds of churches,
and also to the temples of sanctuary themselves, he wrote to Bishop John of the
city of Cagliari: </div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
‘if there is a question about
those who perhaps take refuge in churches, the case ought to be so disposed so
that neither they themselves suffer violence, nor those who are said to be
oppressed may suffer condemnation. Therefore let it be your care that those who
are involved e promise by oath to them about preserving law and justice, and
let them be admonished through all things to leave and render account for their
actions.’</div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
This, lords and brothers, I have placed for your wisdom, on
the request of the above written venerable co-bishop in your hearing. If it should
not seem sufficient to him for his question, he will be able to read in the
pages of the saints, and to find more widely from our mediocrity in the 22<sup>nd</sup>
and 28<sup>th</sup> solutions to the questions which I was asked by others.<a href="file:///C:/Users/Dell/Documents/PhD/Translations/Hincmar%20letter%20135%20-%20revised%20version.docx#_ftn2" name="_ftnref2" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , "serif"; font-size: 12.0pt;">[2]</span></span><!--[endif]--></span></a></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Since indeed I made reference above of the chirograph of our
kings, I have taken care to add what was constituted by these there:<a href="file:///C:/Users/Dell/Documents/PhD/Translations/Hincmar%20letter%20135%20-%20revised%20version.docx#_ftn3" name="_ftnref3" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , "serif"; font-size: 12.0pt;">[3]</span></span><!--[endif]--></span></a>
</div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
‘And since the peace and
tranquillity of the kingdom is accustomed to be disturbed through wandering men
(<i>vagi homines</i>) who by tyrannical
custom lack reverence, we wish that when one of these comes to whichever one of
us so that he can evade reason and justice for what he has done, none of us
will receive him or keep him, unless he is led to right reason and the
emendation due. And if he evades right reason, let everyone together in whose
kingdom he has come pursue him, until he is led to reason, or is destroyed (<i>deletur</i>) from the kingdom. </div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
<br /></div>
<div class="MsoNormal" style="margin-left: 36.0pt;">
It should be done similarily to someone
who has been corrected or excommunicated for some capital and public crime by
any bishop, or who commits a crime and changes kingdom and king’s government (<i>regimen</i>) before excommunication to avoid
receiving the penance that is due, or carrying out what has been legitimately
received; and meanwhile in his flight even brings with him his incestuous
relative (<i>incesta propinqua</i>), or nun,
or abductee (<i>rapta</i>) or adulteress,
whom it is not licit for him to have. Let such a person be carefully investigated,
after the bishop to those care he pertains has let us know, lest he find any
place for delaying or hiding in the kingdom of any one of us, and infect our
faithful followers and those of God with his disease. But let him be compelled
by us or by the <i>ministri</i> of the state
[<i>res publica</i>], and together with his diabolical
plunder (<i>praeda</i>) whom he brought with
him, let him return to his bishops and accept the due penance for whatever
public crime, or be compelled to carry out the penance he has legitimately
received.’</div>
<br />
<div>
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<br />
<div id="ftn1">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Dell/Documents/PhD/Translations/Hincmar%20letter%20135%20-%20revised%20version.docx#_ftnref1" name="_ftn1" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , "serif"; font-size: 12.0pt;">[1]</span></span><!--[endif]--></span></a>
Hincmar puts this sentence in the present tense, presumably for rhetorical
effect.</div>
</div>
<div id="ftn2">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Dell/Documents/PhD/Translations/Hincmar%20letter%20135%20-%20revised%20version.docx#_ftnref2" name="_ftn2" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , "serif"; font-size: 12.0pt;">[2]</span></span><!--[endif]--></span></a>
This is probably a reference to Hincmar’s <i>De
divortio</i>.</div>
</div>
<div id="ftn3">
<div class="MsoFootnoteText">
<a href="file:///C:/Users/Dell/Documents/PhD/Translations/Hincmar%20letter%20135%20-%20revised%20version.docx#_ftnref3" name="_ftn3" title=""><span class="MsoFootnoteReference"><!--[if !supportFootnotes]--><span class="MsoFootnoteReference"><span style="font-family: "times new roman" , "serif"; font-size: 12.0pt;">[3]</span></span><!--[endif]--></span></a>
Capitulary of Meersen, 851.</div>
</div>
</div>
</div>
</div>
</div>
</div>
</div>
</div>
Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-75103529889140919742015-09-12T07:20:00.002-07:002023-02-19T10:58:40.582-08:00The Council of Aachen 862<div class="MsoNormal">
<b>The Council of Aachen
862 (extracts)<o:p></o:p></b></div>
<div class="MsoNormal">
Translated from <a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._4_S._71">MGH Concilia IV, pp. 71-78</a>.<br />For a full translation, see Charles West, The Fall of a Carolingian Kingdom (University of Toronto Press, forthcoming)<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal"><b>Document B: the Booklet
of proclamation of Lothar II</b></div>
<div class="MsoNormal">
<u>The Complaint of Lothar appealing to the Bishops about conceding
marriage to him.<o:p></o:p></u></div>
<div class="MsoNormal">
O holy priests and venerable Fathers, you who are placed as
mediators between God and men, and to whom is committed the care of our souls,
who provide medicine to the wounds of sin, who have the power of binding and
loosing, and who are our doctors and leaders – to you I humbly proclaim, and
trustingly I demand your kindness and faithful counsel.<br />
<br />
Royal power should
acknowledge the sublime authority of the sacerdotal dignity, by which two
orders the church of the believers by God’s will is ruled and guided. But we
know that one is as superior to another, as much as we rightly venerate the
excellence of heavenly teaching that is closer to God. Therefore we who offend
or lightly or wilfully stray by human frailty before God, we solemnly hasten
back and flee to your pastoral dignity. I myself, recognising my own errors by
the inspiration of divine clemency, and frightened by and shuddering at the
stains of such sins, I seek the remedy of salvation from Christ through you, by
suppliantly confessing and by demanding pardon. I trust greatly in your
Piety, and do not at all doubt that I
will be mercifully and measuredly accepted and treated in spiritual compassion,
[<a href="http://www.mgh.de/dmgh/resolving/MGH_Conc._4_S._75">p. 75</a>] according to what the Apostle says: ‘Who is weakened, and I am not
weakened?’ ‘For if someone is preoccupied in some sin, let you, who are
spiritual, instruct in the spirit of leniency, considering you yourself, that
you may not be tempted’. And another Scripture warns, ‘Do not break the crushed
reed’.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
As the rest, Fathers, I thank you very much, since you kept
the faith owed to our lord father [Lothar I], and after his death you have been
kind and faithful to us in all things. And since you generally and in many ways
attended to our adolescence and unstable time of life, and also specially and
diligently watched out for the deceit
imposed on us through that above named wife. About that business, what was done
by your advice we know that you have deeply in memory. For by your order we separated from ourselves
that woman, who freely confessed about a terrible and incestuous contagion of
fornication, according the precept of Saint Paul, who said 'Do not mingle with
fornicators'. Whatever I have done afterwards in the fragility of incontinence
whether by necessity or will, it is your duty to emend opportunely and rationally,
and it is my duty willingly to obey. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
For you know that I was brought up from infancy and
childhood amongst women, and that I desired to reach the threshold of
legitimate marriage, for the good of chastity and to avoid the wickedness of
indecency. I am not unaware that whatever is beyond licit union can be ascribed to the wickedness of fornication and noxious pollution. I know
that a concubine is not a wife, and I do not wish to have what is illicit, but
what is licit. You therefore, mindful of my youth, consider what I should
do, to whom neither is conceded a wife nor
is permitted a concubine. It is known to you that the Apostle says “I wish the
younger ones to marry, to procreate children”. And “Who cannot contain himself,
let him marry. For it is better to marry than to burn”. And again, “Let
everyone have his own wife for the sake of [avoiding] fornication. And the
Apostle Matthew: “God blessed marriage, and permitted love to rule in the bodies
of men”.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Therefore I speak straightforwardly, and I confess that I am
not at all able to endure without any conjugal bond. And in truth I wish to be
separated from all fornication ‘according to the inward man’. And now, my dear
ones, we suppliantly beg your Sanctity and beg for the love of Him who redeemed
us, that in the kindness of love and devoted fidelity, you will not defer from
aiding the peril of our body and soul, for the utility of the holy Church of
God and the kingdom committed to us: so that we may equally rejoice and exult
both in prosperity and in our most prompt devotion towards you.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal"><br /></div>
charleslincolnshirehttp://www.blogger.com/profile/15092839014900507527noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-73833746516882451742014-11-26T07:02:00.001-08:002015-09-22T23:47:12.352-07:00New material (updated)<br />
We're making good progress on our translation of <i>De divortio</i> for Manchester University Press. We'll soon be taking the draft translation down, but intend to replace it with more untranslated material relating to the divorce case soon, so watch this space!<br />
<br />
<b>Update </b>(September 2015)<br />
We have removed most of the text of the draft translation of <i>De divortio</i>, leaving the questions, so you can see what topics are covered in Hincmar's answers. Our published translation will be appearing in Spring 2016 and will also be available electronically via <a href="http://www.manchesteruniversitypress.co.uk/cgi-bin/scribe?showinfo=ip032">Manchester Medieval Sources online</a>. To whet your appetite, here is the book cover:<br />
<br />
<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjI9EUAT8nMsmzxSj7ZU5tnUFMARfhUzrjSenwVYPdCJaN1Qi0idE1uavCG1tVgCv_6tek-EzjSM32BnLwvITM7arGedxJ2BqhBeq1wSw_buscL4jFEcYoSRweYeUxFgCehlU6WaBZGIas/s1600/De+divortio+cover.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjI9EUAT8nMsmzxSj7ZU5tnUFMARfhUzrjSenwVYPdCJaN1Qi0idE1uavCG1tVgCv_6tek-EzjSM32BnLwvITM7arGedxJ2BqhBeq1wSw_buscL4jFEcYoSRweYeUxFgCehlU6WaBZGIas/s320/De+divortio+cover.jpg" width="204" /></a></div>
<br />
<br />
Look out for this at a bookshop near you next year!charleslincolnshirehttp://www.blogger.com/profile/15092839014900507527noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-4695621500264485862010-09-03T23:28:00.000-07:002010-09-03T23:29:58.369-07:00Letter on Stephen 9: final suggestions and comments[p 106] For also St Syricus took care to place something about the blessing of betrothed women in his decretals. About whom, the holy canons decree what is noted, and we thence have said some things, and we should now say other things more, if we had heard that a priestly blessing in the ecclesiastical way had been given to this wedding, about which we speak, But the priestly blessing did not have a place in that in which owed faith was absent, especially since scripture says: "In whatever home you should enter, first say: Peace on this house. And if they should be a son of peace in it, your peace will rest upon it, if not, your peace will return to you." [Luke 10: 5-6] And Peter said about the Lord from the faithful: "Faith purifying their hearts". [Acts 15: 9] And again it is written: "All their works in faith" and again: "For what is not from faith is sin". [Romans 14: 23] And where sin remains before suitable satisfaction blessing has no place. For prayer benefits nothing, as blessed Gregory says, where there is iniquitous action. <br /><br />[p 106] After all these things, if Raymond should not want to receive his daughter, or she should decide to remain in her liberty, it is to be indicated to them that if she herself should commit whatever debauchery [stuprum], whatever should be wrongly done, will pertain to him or her, but not to Stephen. <br /><br />[p 106] But you ought, holy bishops, to suggest, make known and order both Raymond, Stephen and their relatives and friends from divine mandate that they have peace among themselves, which the Lord orders, and without which they will not be able to see God, except for judgement. And the prince of the land with the primores ought to be busy to do this, lest for the sake of this case scandals and plots may happen in the church and kingdom. Those who should scorn to obey should be made, according to the gospel precept, like a heathen and publican, and according to the Apostle, let it be noted who does not obey the word, so that no one may be associated with him; and he who should not receive this doctrine of peace, let no one greet him, so that he may not communicate his sin and just as the canons decree neither let his offering be received in the shrine. And he who should not want to return to peace, let him remain excommunicated as long as he should despise returning to peace, and let him hasten to return as quickly as possible to charity, which covers a multitude of sins. And again it is written in the canons that from the council two or three judges should be chosen and sent to determine (?) all the things which ought to be examined and determined by clerical judgement, and that will be able to be determined more reasonably and conveniently elsewhere than in the same council. And whoever should be proved from contumacy not to want to obey the judges, when this should be proved by the bishop of the first see, let him send a letter, so that no one may communicate with him, until he should obey. About which matter the holy synod have taken care to choose you who are of the first sees of the Aquitaine kingdom for determining this case with your fellow bishops and the prince and primores of this land. Without this determination whoever should delay to obey you will not be able to avoid his peril and the invective of excommunication. <br /><br />[p 107] I have taken care to collect these things from gospel truth and apostolic and canonical authority or doctrine and tradition of the Catholic fathers, just as the holy synod ordered, for the sake of the mediocrity of my little capacity. No one ought to be angry at me about this, just as I have heard, that certain ones are. Since I have not composed my words with my senses nor have I presumed to claim for myself what is not mine, nor have I taken care to write something that is not mine in this case by stating or demanding, prejudging the rational statement of no one, nor dishonouring authority or wanting to force necessity of obeying on any one. But I remind your very loved and revered fraternity, as blessed Leo writes to Rusticus Bishop of Narbonne: <em>that, just as there are certain things which can be overthrown by no reason, thus there are many things it may be proper to be moderate about, either for the sake of the consideration of the age or for necessity of events, as long as that condition is always preserved, that in things which should either be obscure or doubtful, we should recognise that to be followed, which is found neither contrary to gospel precepts nor against the decrees of the saints.</em>Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-64268511567052373512010-09-03T14:16:00.000-07:002010-09-03T14:17:37.255-07:00Letter on Stephen 8: impotence and Stephen's penance[p 105] We have also reckoned a necessary addition, so that by the statements of the saints we may recognise that a marriage can be dissolved, in which lying together does not follow for certain reasons. And because of incontinence they are able to run together to other women. But subtle investigation and a reasonable discretion is first to be used in these things, whether there may be impossibility of intercourse in men, as if naturally - since also there are some eunuchs, as is written, who are born thus from the mother's womb - or whether this impediment happens to them by the operation of the devil, as is accustomed to happen. If this happens through sorceresses or female magicians, but never or nowhere unjustly, with God's judgment allowing and the devil working, those to whom those things happen are to be exhorted, that with contrite heart and humbled spirit they may make pure confession to God and the priest about all their sins and with profuse tears and more generous alms and prayers and fasts satisfy the Lord. By whose judgment for his merit, against their will, they should have merited to be deprived from that blessing, which the Lord gave the first parents before sin in paradise, and also did not want the human race deprived of in total even after sin. And through exorcisms and the other gifts of ecclesiastical medicine let the ministers of the Church attend to healing such, as much as the Lord should assent to, who healed Abimalech and his house by the prayers of Abraham. Who perhaps if they will not be able to be healed, will be able to be separated. But after, if they should seek another marriage, with those alive to whom they were joined, there will be unable to be reconciled to the first one, whom they left, even if the possibility of lying together should be returned to them. But just as we have said, and say again, an incestuous marriage ought not to remain, because of the incestuous crime, which cannot have a sacrament of Christ and the Church, but let us acknowledge that the crime ought to be healed by separation and penitence. <br /><br />[p 105] Indeed we judge that Stephen's marriage, the case here, ought to be dissolved in all ways, lest he may be admitted as incestuous. And we hold that marriage, which has the natural mystery, cannot be dissolved by any other means whatever, except only in the case of fornication, as the authority of truth teaches. Since even if by common consent, the spouses should vow continence, the more resolutely, the more spiritually they will remain joined in the Lord. No simulation will be able to intervene in his eyes in this joining and indivisible separation, since he is discerned to be the scrutiniser of the heart and loins.<br /><br />[p 105] Therefore let Stephen, for the fornication, about which he would have been able to do penitence by secret confession, had it not been that forced by necessity he published it, and since he has added the fault of simulation to the sacred mystery of marriage, although compelled by necessity, just like the one who did not fear to sow tares over the wheat, and since after such a marriage, before it should legally be dissolved, which seemed started as if legally, he is said to have used a concubine, destroying others by evil example, according to the form of the fault with moderation of piety, since he showed reverence to God, lest he should add incest to fornication, receive regular penitence from his own bishop according to his judgement, since the canons thus decree, and let him accomplish with the worthy fruits of penance. So that he who, by his neglect has presumed to scandalise the Church and many sons of the Church, may make satisfaction to the Church and its rectors and sons and after satisfaction, if he will not be able to be continent, according to the statement of Pope Leo the Great to Bishop Rusticus of Narbonne and according to the decree of the holy council of Toledo, let him seek marriage with a legitimate wife, lest again he may incur the crime of fornication. In which yet, speaking with the same very holy father, we do not constitute a rule, but estimate what may be more tolerable. For according to true judgement, nothing better befits him, who will have done penance, then chastity persevering in both body and mind. To whom lest we initiate the snare, we extend the hand of remedy, not the command of action.Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-87805713193126387902010-09-03T11:54:00.000-07:002010-09-03T13:57:25.797-07:00Letter on Stephen 7: the status of the betrothed[p 102] These things blessed Augustine has discussed very sufficiently in the book about the good of marriage and about marriage and concupiscence and in other of his books. But also in the same place among other things he says: <em>What therefore the apostles teach to the married, that is of marriage; namely that a husband renders the debt to the wife and the wife to the husband 'and procreate sons, and to be the mothers of families' [1 Timothy 5: 14]. But marriage does not force, but offers, what they concede venially, or what hinders praying</em>. And just as good works do not benefit to eternal salvation without the sacrament of baptism, and it is not true baptism, since it is not one according to Scripture, that is unique in the unity of the Catholic faith, if it should not be celebrated catholically. Thus also a marriage cannot be a legitimate and true one in which it is shown there is not the nuptial mystery or in which marital coupling is not shown. Whence the Lord, who came not to dissolve the law, but to fulfil it, drew back by calling John, who was wanting to marry, from the marriage, as the histories relate, not after the celebrated marriage but from the marriage and before the joining of the flesh. It is not read about his future wife, namely John's, whether or not, if the Lord had not called him not only before the union of the flesh, but also before the practising very thoroughly (?) of the marriage, just like about the wife of the blessed Peter who persisted very continently, she remained in continence or according to the old law, so that the seed might be left in Israel, perhaps chose to wed another. It would not have remained in her free will, if after legal marriage they had been joined maritally, nor would it have been allowed to John, according to the example of the gospel, if he had taken a wife, betrothed, endowed and honoured with public marriage, also to leave her before the union of the flesh if he had not decided from consent to remain in continence, but to take another wife. For just so it would not be licit for Stephen to leave that one, whom he had betrothed, endowed and honoured with public marriage, although he had not had intercourse with her, and take another with penitence or without penitence, unless in sleeping with that one the incestuous evil had been able to intervene. But either from consent Stephen would have remained with her in continence, or, if he could not have kept himself continent, he would have remained with her joined maritally. But if without incest, they had been united with this due order they could not have been separated, except from mutual consent for the sake of continence or, separated because of fornication, they should either have remained unmarried or have been reconciled to each other. And if they should have been joined with incest, it ought to have been healed with their separation and the penance of adulterers according to canonical authority.<br /><br />[p 103] And thus holy authority demonstrates these things to harmonize with themselves, saying about Mary and Joseph: 'Before they should come together' [Matthew 1: 18], that is before they should have celebrated with the solemn rite of marriage. For by the word of coming together it insinuates not the lying together, itself but the marriage, which is accustomed to precede the time of lying together, when the one who had first been betrothed, begins to be a wife. And a little after: 'He wanted to send her away secretly'. Joseph seeing his betrothed had conceived, whom he knew well have been touched by no man/husband, since he was just and wanted to do all things justly, took the best thing, so that neither this might benefit others, nor he himself might receive her as wife. But with a secretly proposed change of marriage, he allowed her to remain in the condition of betrothed, just as she was. But if he were to send her away secretly, nor accept her as wife and she were to bring forth while betrothed, without doubt there would be very few, who would affirm she was a virgin, and not rather a whore, and she would be stoned by the Jews as if an adulteress. <br /><br />[p 103] Whence also the sacred canons in the chapter, in which they say about relatives who break the faith of the betrothal, discerning very prudently they took care to add: <em>if yet, the betrothed man or woman should have been caught in a grave crime, the relatives were excused</em>. Since the judgement that the relatives ought to have sustained as punishment of broken faith will pertain to those now who had merited it. And so that we might return to the order of the example above, therefore the counsel of Joseph was quickly changed to better counsel, so that, namely he himself for the preserving of Mary’s reputation received her as wife with celebration of marriage, but chaste, kept her chaste in perpetuity, just as follows: "But with him considering these things, behold an angel of the Lord appeared to him saying: Joseph, son of David, do not be afraid to receive Mary as your wife." <br /><br />[p 103] About which form of marriage, Syricius wrote to Hymerius, bishop of Tarragona saying: <em>You asked about the violation of marriage, if one may be able to take the betrothed girl of another in marriage. Let this not happen, we prohibit this in all ways, since that blessing, which a priest imposes on the girl about to be married before the faithful, is like some sacrilege, if she should be violated by any transgression. And in the Council of Ancyra: It pleases that betrothed girls, also after raptus by others, are to be plucked up and returned to those, to whom they had been betrothed before, even if force should have been inflicted on them by the raptors</em>. Who, above the estimated order, not only made betrothed women, but indeed also as if made wives, are thus to be returned to their betrothed husbands, even violently corrupted, just as also disunited spouses, separated without the case of fornication, and without mutual consent are to be rejoined. But those separated in the case of fornication will either remain unmarried or from mutual consent be reconciled to one another. But about those marrying (?), but unmarried, that is about the celebration of marriage, in which by the earnest money of the betrothal, and the priestly blessing and the confirmation of the dowry, the mystery of both Christ and the church is directed to the perfection of completion, but it is not completed with the union of flesh, but, just as we said about Joseph, good counsel is changed by better counsel, so that it may remain in perpetual continence, there again it is written: "But Joseph rising from sleep did just as the Angel of the Lord had ordered him and he received his wife. And he did not know her." [Matthew 1: 24-25]. But he accepted into the name of spouse, for the sake of necessary causes, which then threatened, and he did not know her for the marital work, but both remained in continence. <br /><br />[p 103] Which also Paul boldly demonstrated can happen in the first epistle to the Corinthians, and Augustine in the first book about marriage and concupiscence saying: <em>To whom indeed it pleases from consent to remain permanently continent from the use of conjugal concupiscence, may it not happen that the conjugal bond between them is broken; nay rather, it will be firmer, by the fact that these pacts which they should have entered with themselves, which are to be preserved more dearly, and in more concord, are not by the voluntary binding together of bodies, but by the voluntary passions of minds. For nor was it falsely said by the Angel to Joseph: "Do not fear to take Mary as a wife", and the other things that further followed on in the same place.</em><br /><br />[p 104] Taught about this matter by these testimonies of sacred authority, whoever should take wives betrothed, endowed and honoured with public marriage, free or made free for the sake of this, let them either remain in perpetual continence, or, unless this incestuous crime or something else whatever should prohibit, which does not receive the sacrament of Christ in or with itself, let them nuptially wed, if they will not be able to be continent from consent. And let them not be separated except in the case of fornication; in which separation let them either remain unmarried or if they cannot be continent, they will be reconciled to each other after penitence. But where, just as in Stephen's marriage, he may escape peril that should be avoided, with peril, let the lesser peril be chosen for avoiding the greater peril, just as St Gregory teaches in the book of Morals. But also the peril itself which is chosen, let it not be neglected, but let it be paid to be had (?) at all times before the clemency of Almighty God by the worthy fruits of penance, that is by pious works and profuse tears, so that peril may not remain eternally, but by saving remedy may be tempered, or inwardly avoided,<br /> <br />[p 104] But we have therefore reckoned to insert this necessary thing to these, since we have heard that certain ones, even those who used to call themselves teachers, apply with firm contention, as if from the words of blessed Ambrose and St Augustine, which they apply not very diligently, that a man not fornicating and separating from a fornicating woman can take another wife with her living and, she who in the case of fornication should have departed from a man cannot be reconciled; but, her who should have departed not in the case of fornication, but for whatever other reason ought either to be reconciled or ought to remain unmarried. Not heeding that thus the apostolic words were interpreted in a false sense, just as also those, against whom the blessed Augustine formerly had copied those books, and the African Synod, which we set beforehand, defined, when it also eviscerated the Caelestians and burned up the marrows themselves of the Pelagians. No wonder. For thus they have been infected with wicked dogma, just like all the modern Predestinarians, who labour to renew the heresy of the old Predestinarians, compiled as if from the words of St Augustine. Blessed Pope Celestine broke their heads and shook violently the top of the hair of those walking in their sins and ground them down in the letter of decretals to Venerius and the other Gallic bishops, and the same blessed Augustine in the book about corruption and grace and about the predestination of the saints and the good of perseverance. But also St Prosper from the delegation of the apostolic seat, absolving the objections of Gauls, Vincentians and Marseillians, in the books also about the calling of the nations, dissolved their arguments by Catholic sense and perfect and very clear reason and eloquent doctrine. But we would place here the words of the same authors, whence the inexperienced teachers capture such very absurd things, if we should not avoid putting together a difficulty for a solution.Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-63608721120445769752010-09-03T11:50:00.000-07:002010-09-03T11:54:04.172-07:00Letter on Stephen 6: even more things on marriage[p 100] If these other things which we have placed in no way suffice the studious or curious, we attend to adding also yet other things. For the blessed Augustine says in the book about marriage and concupiscence: <em>A man will leave behind father and mother and he will adhere to his wife and they will be two in one flesh: which is a great sacrament, the Apostle says in Christ and in the Church. What therefore is great in Christ and the Church, is very little in individual husbands and wives, but yet the inseparable sacrament of marriage</em>. Therefore joined legally and maritally they cannot be separated except in the case of fornication and, separated in the case of fornication, they ought either to remain unmarried or be mutually reconciled, just as gospel and apostolic authority teaches and the African synod defined: <em>It has pleased that according to the gospel and apostolic discipline neither the one sent away by a wife nor by a husband may be married to another, but let them remain thus or be reconciled to one another. Which if they should despise, let them be called back to penance</em>. And since from that gospel and apostolic doctrine, wife from husband, or husband from wife, is not able, nor ought to separate, except in the case of fornication, blessed Augustine in the first book about adulterous marriages to Pollentius says: <em>Who is it who may say, if a woman should separate from a man not fornicating, let her remain unmarried, when it is by no means allowed her to separate except from a fornicating man?</em> And again: <em>The Lord as teacher excepted only this case of fornication, when he spoke about sending a wife away, and he gave to understand such an image also to be preserved by a husband, since not only "the woman does not have power of her body, but the man", but similarly also "the man does not have power of his body but the woman". </em>And therefore except from common consent they are not able to be separated even for the sake of continence, so much that, if a man converted should be tonsured against the will of the woman, or the woman converted should be veiled without the will of the man, the man is ordered to be restored to the woman or the woman to the man, by St Gregory in the letter to Secundinus, Bishop of Taormina, and in the letter to Hadrian, notarius of Panorni. But if from common consent they should promise to change themselves and whichever of them should retract themselves from thence, they are ordered to follow the conversion of their peer. But in the case of fornication, man or woman separating from each other because of the sacrament of marital union either will remain unmarried until one of them should die, or take care to be reconciled to each other. But reconciliation ought to happen after the penitence and priestly reconciliation of the one who has sinned, so that first he may be restored to the sacrament of the Church and afterwards to the nuptial mystery. <br /><br />[p 101] And hence St Augustine in the second book about adulterous marriages: <em>And thus a spouse is lawfully to be sent away, in the case of fornication, yet the chain of modesty remains, because of which the crime of adultery happens to him who should take the woman dismissed in the case of fornication. But just as with the criminal excommunicated for any crime, the sacrament of regeneration remains in himself, and he does not lack that sacrament, even if he will never be reconciled to God, thus if a wife is sent away because of fornication, with the chain of the conjugal tie remaining in her, nor will she lack that tie, even if she is never reconciled to her husband. But she will lack it if her husband should die; but therefore the excommunicated criminal will never lack the sacrament of regeneration, even if not reconciled, since God never dies. Thus it remains that if we want to be wise according to the Apostle, we should not say a man is to be reckoned an adulterer before death and therefore allow his wife to marry another. For though the death of adulterers may not be of the body, but, what is worse, of the soul, yet the Apostle did not speak about that death when he said: "If her husband should die, let her marry whom she wants" [1 Corinthians 7: 39], but only about that death which is taken from the body</em>. And again in the same: <em>For this band, since indeed it is not dissolved, even if a husband may be separated from a chaste wife through repudiation; much less is it dissolved, if, not separated, she should commit adultery. And it is not dissolved, except by the death of a spouse, not running into adultery, but exiting from the body. Therefore if a woman should withdraw from an adulterous man and does not want to be reconciled to him, let her remain unwed. And if a man should send away an adulterous woman and does not want to receive her either after penitence, let him keep continence, even if not willingly choosing a preferable good, certainly from necessity avoiding a ruinous evil</em>. And the most eloquent doctor disputes hence more widely in the aforesaid book, just as he who should read intelligently will be unable not to know. Also in the first book about marriage and concupiscence he says that all evils of regenerated men are wholly cleaned and healed by the bath of regeneration and word of sanctification, not only the sins which then are all remitted in baptism, but also those which are incurred afterwards by human ignorance or infirmity. Not so that baptism, however often one sins may be repeated that often, but since it happens by that, which was given once, that not only the previous pardon, but also afterwards of whatever sin you may like may be obtained by the faithful. For what benefits either penitence before baptism unless baptism should follow, or after, unless it should proceed? And in the epistle to Boniface he writes: Not that something remains in baptism of all past sins, that may not be dismissed - if yet the baptism itself should not be had in vain outside, but either should be taken inside, or if now taken outside, should not remain outside with him - and whatever is committed by human infirmity of whatever fault, by those who live thus after the accepted baptism is dismissed because of this bath. <br /><br />[p 101] Hence it is clearly demonstrated, that just as the once accepted sacrament of baptism, by which each faithful person is incorporated into the unity of the Catholic church in Christ, is afterwards lost by no intervening cause, so also the marital bond legally and nuptially celebrated, remains tied, indissolubly, although it may seem to be separated in the case of fornication or in whatever case. But having been separated in the case of fornication, if it should be reunited after penitence, it will not therefore yet be reiterated that it remains one. But if the spouses are not able to remain in penitential continence, which befits penitents more, by indulgence they are reckoned to be healed by medicinal reconciliation and mutual consent after ecclesiastical reconciliation. Just as baptism is not repeated as often as there is sin, but by the medicine of penitence, through clerical reconciliation, is not repeated, nor returned, but repaired by divine grace. But 'repaired' is said about something not lost in this way, just as also the mind and the body are read to be repaired by the receiving of Eucharist and the spirit to be renewed by suitable satisfaction of our mind. And just as it is by the employment of baptism that sins before baptism or after baptism, by human ignorance or infirmity, may be remitted by the worthy fruits of penance, so thus, lest crimes occur, the good of marriage is maintained, which was conceded by the Apostle according to indulgence. Those things, namely, which with desire impelling, are conceded only to the married, merely that they may lie naturally with the legally married. But we say naturally, since also Onan is read to have died, struck by the Lord, not lying with his wife naturally.Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-43951192162762676252010-09-02T13:12:00.000-07:002010-09-02T13:15:54.345-07:00Letter on Stephen 5: dowries and hypothetical objections[p 98] And since Church rules offer also a statement of definition about these who infringe the faith of betrothal, it seems to us, not expressing according to authority but giving council, if perhaps thus it should seem to you, that since Stephen, if he had broken faith of the betrothal, according to civil law would be judged to pay much of the same betrothal gift, and the girl herself, after the betrothal gift, if they should have been joined carnally, would have to buy (?) the accepted dowry, which was from herself, so that not she, but Stephen, who committed the crime. ought not to have the same dowry, as it seems. So let her have in the place of much of the betrothal gift, the dowry given by Stephen to herself, and let her be restored to her father with the same dowry, and let her marry with counsel of parents who she wants, only in the Lord, and may there be peace between her relatives and Stephen. <br /><br />[p 98] And lest someone craftily wanting to resist these things which we have proposed should say: If the dowry will remain and the betrothal gift and the celebrated marriage are not denied, in what way will it be able to happen that both Stephen does not remain husband and she wife? Or in what way would he be able to join with another woman and she with another man without adultery? Particularly since the same St Augustine in the aforesaid book about the good of marriage says: <em>If there should take place an ordination of clergy in order to form a congregation of people, even if the congregation of people should not follow, yet there remains in those ordained the sacrament of ordination. And if for any fault anyone should be removed from his office, he will not be without the sacrament of the Lord once imposed, although remaining until judgement</em>. Thus also in those remaining with betrothal, dowry and marriage the marital tie will remain and no one of them will be able to join themselves to another without adultery unless with the death of whichever one intervening. Let him hear, if anyone should dare to oppose this, that we have said about the girl having the dowry only for the sake of the pacification of her relatives and in the place of most of the broken betrothal gift of Stephen. If with the dowry paid, the relatives of the girl should prefer to demand most of the betrothal gift, they themselves should see to either grant or demand back, and by the civil laws thence it may suit their pacification. But we answer the one perhaps astutely questioning what pertains to us, that St Augustine posed this comparison about ordaining not about the imaginary union of a man and wife, but about incorporated union through sexual intercourse, just as he begins near to these preceding things: <em>Therefore let these follow the Lamb, boys singing the new song, as it is written in the Apocalypse, "who have not defiled themselves with women" [Revelations 14: 4], for no other reason than that they have continued virgins. Nor let them on this account think themselves better than the first holy fathers, who used marriage, so to speak, after the fashion of marriage. Of course, the use of it is such that, if in it there has taken place through carnal intercourse that which exceeds necessity of begetting, although done venially, there is pollution</em>. And after a little: <em>Therefore the good of marriage throughout all peoples and all humans is for the sake of begetting, and in the faith of chastity. But it also pertains to the people of God, also in the sanctity of the sacrament, by reason of which it is sinful for one to marry another, so long as her husband lives, even if leaving by divorce, at any event, not for the sake of bearing children, although it may be the sole cause for which marriage happens, nor is the marriage bond loosed by any subsequent thing, except by the death of the spouse</em>. And immediately he adds to the people about the ordination of the cleric, under which sense he says in the book about marriage and desires: <em>Thus a certain marital matter also remains among those living, which neither separation or coupling with another could take away. But it remains for the harm of crime, not for the chain of bond; just like the soul of the apostate, which receding from the marriage of Christ with faith lost has also not lost a sacrament of faith, which it received from the bath of regeneration. For without doubt it would be returned to the returning, if leaving they had lost it</em>. And in the preceding things of the same book he says about the sacrament of marriage: <em>Therefore, a sacrament of marriage in our times is thus reduced to one man and one wife, so that the steward of the Church is not allowed to be ordained, unless he is the husband of one wife. Which they have understood more sharply, who reckoned neither he who as a catechumen or pagan should have another wife should be ordained. For it is a matter about sacrament, not about sin. For in baptism all sins are removed. But he who said: "If you take a wife you have not sinned", and "If a virgin should marry, she does not sin", and "Let her do what she wants, she does not sin if she should marry" [1 Corinthians 7: 28, 36], declared sufficiently that marriage is no sin. But because of the sanctity of the sacrament, just as a woman, even if she should have been violated as a catechumen, cannot be consecrated as a virgin in God after baptism, thus it did not seem absurd that he who had exceeded one wife, had not committed any sin, but had lost a certain sacred norm, not for the merit of good life but for the necessary seal of clerical ordination. </em><br /><br />[p 99] And hence if anyone should be tempted to oppose what we said against what we said before, let him say, if Stephen should now be prevented by death, with her continuing as intact, just as she remains up to now, and she should not wish to marry, whether, since a violated catechumen could not be consecrated after baptism into a virgin of God, she will be able to be consecrated in holy virginity by the bishop, who ought not to consecrate someone, unless a virgin, into the profession of virginity or into the legitimate bond of marriage, just as neither should he become a bishop who has taken beyond one virgin wife. Also let him say, if after the death of Stephen, she, remaining virgin, should both not be able to be continent, and should choose to marry rather than be continent, whether she will be able to be joined to the brother of the same Stephen. When he is unable to contradict these things, let him either cease in his question or let our solution satisfy him. And let him recognise and know that consecration, if the girl should choose it, or marrying, if the girl should prefer, can happen within Stephen's lifetime, as reason and authority show. And let him know, just as we have taught by the tradition of the ancestors, that because of such betrothal, endowing and for the sake of such a marriage as that one was, is not a marriage, since in it sexual intercourse is missing and this sacrament of faith with the hope of offspring. Which sacrament just as it works very much in every saving action, then also in this matter, in which through the nuptial mystery man and wife are made one flesh, but also more actively in baptism, in which through the sacrament of faith, not only is the whole Church made the body of Christ, just as the Apostle says and his plenitude happens but individually, every individual fidelis of Christ is made an incorporated member of him. Whence the Holy Bede says in the homily on the gospel: <em>For he who is baptised is seen to descend into the font, seen to be dipped in the water, seen to rise from the water; but only the piety of the faithful knows that a sinner descends into the font, but rises purified. It seems to the eye of the other foolish ones, that such came from the font as entered, and the whole thing that is done is a game</em>. And in this betrothal, dowering, and in this marriage the whole thing was simulation, not truth. Therefore just as St Leo decides about those who have only received the form of baptism without the virtue of sanctification, that they may be confirmed by episcopal confirmation, thus this, which is the not the faith of marriage, but not the image of coupling, is dissolved by ecclesiastical sanction, and it may be healed in that one who needs clerical medicine.Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-36407254588408013502010-09-02T03:03:00.000-07:002010-09-02T03:07:08.534-07:00Letter on Stephen 4: Stephen's marriage isn't a real marriage[p 95] Now let us apply these things, which the holy doctors say about marriage, to the marriage of Stephen, not having the love of offspring, but the necessity of avoiding exile or death; not having faith of preserving marital chastity, but the fear, not to be underrated, of incurring death-bringing incest; not having the sacrament of the incorporation of the unity of Christ and the Church, but drawing the veil over shamefulness, and the whole, that was done in this, was a figment of simulating, not the truth. Which marriage, although it was celebrated between free and equals by paternal judgement, with betrothal and dowering preceding, even if sexual intercourse should have followed it, could not possess the legitimate joining of marriage, nor could it be able to establish a valid marriage, nay rather, all things would be made void. Since the inflicted wounds, which those lying together would receive, would not be able to be healed by the medicine of penitence in them without separation, because of the incestuous crime, which cannot have the sacrament of Christ and the Church, just as the following sentences of the orthodox teachers and the Church will demonstrate. Therefore such a marriage is not mystical nor legal in the eyes of God. Since it was not legally led before God by Stephen and the girl, but rather led away, one body is made from these two through coition of carnal intercourse, not according to marital good, but incestuous evil. Because of the incest of Stephen they made one body, just as is written: "He who joins a prostitute is made one body" [1 Corinthians 6: 16]. And thus the girl, healthy from incest, joined through coition to Stephen would be made incestuous flesh and Stephen joined to that one, just as formerly a fornicator, thus also after the joining of this one, would be incestuous, which he had not yet been, since he had lain with a relative of hers, And therefore by saner counsel he both provided for the health of the girl, who was not yet weakened, preserving her intact, and also, lest he should offend more gravely, kept himself cautiously before God, according to the matter that he lain together (?). Since, just as the sacred canons say, such a marriage or rather adultery, could not be healed without separation if they were joined carnally. Where it is written in that matter: <em>About incestuous marriages we preserve truly nothing of the pardon, unless they should heal with the separation of the adulterers. Indeed the incestuous are to be reckoned by no name of marriage, whom it is also dismal to designate</em>. And St Gregory in the letter to Bishop Felix of Sicily, who had heard it perversely interpreted, that blessed Gregory had given to bishop Augustine of the English council according to indulgence about pagans in the fourth degree and the rest, lest they should refuse faith, and whatever he had suggested to the same venerable Pope, he wrote back to the same Felix saying: <em>We judge that each individual from these, who faithfully taught and now planted with firm root, stand unshakeable, observes his relatives as far the seventh generation, and as far as they recognise relatives by affinity, they do not enter upon society of this kind of joining. Nor is it allowed or will be allowed to any advanced one of the Christians to lead her in marriage whom someone has as a wife from his own blood or has stained with any illicit pollution, since such coupling is incestuous and abominable to God and all the faithful; we read that formerly it was constituted by the fathers that the incestuous are to be reckoned by no name of marriage. Nor also do we leave this in this kind of anxiety, that all incestuous are to be separated from the threshold of holy Church, until through the satisfaction of prayers of the priest they may be reconciled to the same holy Catholic Church</em>. And in the canonical edict offered before the body of St Peter: <em>If anyone takes a wife from his own cognatio or whom a relative has, let him be anathema</em>. And all replied three times: let him be anathema. And it is not to be doubted that the marriage of Stephen ought to have been subject to this anathema, if he had slept with that one, whose relative he admitted he had slept with. And again in the canons it is written: <em>About those who defile themselves with the pollution of incest, it has pleased that as long as they should persist in the detestable and illicit companionship of the flesh itself, they should only be admitted to the mass of the catechumens in the Church; with whom also neither does it befit any Christian, as the Apostle orders, to consume food</em>. <br /><br />[p 96] And hence we would had been able to compile more things from the canons, if because the incest that Stephen avoided had happened, it would have been necessary to separate him and his wife because of this. But now, lest incest should be added to married simulation, since it behoves them to be separated before both divine and human eyes legally and rationally, who seem to have been joined illegally in divine justice, let us give such evidence of the holy fathers, which may be very clearly pertinent to the doing of the matter. St Ambrose in the epistle to the Corinthians says: <em>For brother or sister is not subjected in this kind of servitude, that is, reverence of marriage ought not to be owed to him, who has horrified the author of marriage. For the marriage is not valid, which is without devotion of God</em>. And St Jerome in the third book of commentary of the letter of Paul to the Ephesians: <em>And so in the way the Church is subject to Christ, thus let a wife be subject to her husband. For married men and wife are bound together by the same order of pre-eminence and subjection which Christ and the Church have. But it is to be seen to, that the bond is holy also in man and woman, in the way in which there is holy union both in Christ and in the Church. But just as not every congregation of heretics can be said to be the Church of Christ, nor is Christ its head, thus not every marriage, in which one is not joined to one’s husband according to the precepts of Christ can be rightly called marriage, but rather adultery</em>. About which the holy canons thus define: <em>Clearly to whom an illicit union is forbidden, they will have liberty of entering a better marriage</em>. And in the Synod of Lestinnes, at which under prince Carloman, Bishop George and John the sacellarius and St Boniface, by the precept of the apostolic Zacharius presided, it is read, that if a man should not be able to render the conjugal debt according to the apostle to a woman betrothed, dowered and led in public marriage, and this should be clear either through confession of both or whatever certain proof, that they may be separated, and the woman, if she should not be able to be continent, may legally marry another man. Since according to the definition of Pope St Leo and the tradition of the doctors demonstrated above, <em>it is not to be doubted that that woman does not belong to marriage, in which the sacrament of Christ and the Church is not shown by sexual intercourse, that is there was the nuptial mystery</em>. <br /><br />[p 97] But how much more, in a case of this kind, it will be allowed legally to approach another tie, having separated the marriage, since not impotence of the flesh, but reverence of the mind, contradicted lying together. But in a marital union, in which with betrothing, dowering and sacrament of marriage, the mystery of Christ and the Church, namely the uniting of bodies was shown to have existed, a dissolving of the marriage will not be able to happen, except with death of the body intervening, just as gospel and apostolic authority testify, and the chorus of all the Catholic doctors. Also St Augustine says in the book about adulterous marriages: Since even if for intolerable and long-lasting infirmity a man should not be able to exercise coition or a woman sustain it, nor also for sterility or continence of religion or for any other reason whatever except fornication will a man and woman legally joined also by carnal intercourse be able to be separated. Wherefore the disciples hearing this law from God said: "If such is the case when a wife is had, it is not expedient to marry." [Matthew 19: 10] Yet the Lord did not change his statement for this. Whence also Leo wrote to Bishop Niceta of Aquileia and teaches thoroughly: <em>if certain marriages should have been separated through warlike destruction and very grave incursions of hostility, so that with men abducted into captivity their women should remain destitute, who should reckon their own husbands either killed or should believe there will never be liberated from enemy domination, and should go over into the embrace of other marriages, forced by solitude, if husbands or captured women should return, the legitimate covenant of marriages should be renewed, since it is written: "The woman is joined to the man by God" and "What God has joined let not man separate." Nor yet as if anyone is to be judged as an invader, who assumed the person of their husband or wife, who was now not valued. But what necessity caused is to be judged blameless, and what faith demanded is to be restored</em>. But he decreed that women or men captured by the delight of the later husbands or wives and not wanting to return to the first conjugal love are to be deprived of communion.Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-65430614377540464612010-09-02T02:01:00.000-07:002010-09-02T02:06:05.815-07:00Letter on Stephen 3: patristic quotes on marriage[p 92] Both the old and new law teach how marriage ought to be entered, the Lord ordering through Moses, and the Gospel demonstrating: 'When Mary, the mother of Jesus was betrothed to Joseph, before they should come together' [Matthew 1: 18], that is before they came together in wedding celebration, just as the same shows in a celebrated wedding - which he deigned to sanctify with his presence and illuminate with a miracle accomplished just there. But also St Euaristus, fourth Bishop of the See of Rome after the blessed Peter wrote, and St Siriacus, and the blessed Leo and also all the other teachers show, all of which things we avoid placing here because of plurality and length. Yet we have reckoned to say the necessary thing, that legitimate marriages happen between the free-born and between equals, when a woman, asked from the relatives whom it concerns and legally betrothed, dowered and honoured with public marriage is joined in the bonds of marriage and from two one body and one flesh are made, just as is written: 'And there will be two in one flesh; and now not two but they are one flesh'; and 'What God has joined let man not separate' [Matthew 19: 5-6]. About which joining the great Pope Leo writes to Bishop Rusticius of Narbonne, saying: <em>Not every woman joined to a man is the wife of the man, since nor is every son an heir of the father. But legitimate covenants of marriage are between free and between equals</em>. And a little after: <em>Whence since the association of marriage is thus constituted from the start, so that alongside the joining of the sexes it has in itself this sacrament of Christ and the Church, it is not to be doubted that that woman does not belong to marriage, in which it is shown there had not been the nuptial mystery</em>. And we over against this can also show, that not every marriage makes a marital joining, which sexual intercourse does not follow, just as neither is every son of his an heir, whose heir he is known to be. Nor does marriage have the sacrament of Christ and the Church in itself, just as the blessed Augustine says, if they do not use each other maritally, that is if sexual intercourse does not follow close after. Nor will that woman be able to pertain to matrimony with whom it is shown there was no sexual intercourse, just as it is not to be doubted that that woman does not belong to marriage in whom it is shown there had not been the nuptial mystery. Which thus the aforesaid Leo shows to be, saying: <em>Since the association of marriage is thus constituted from the start, so that alongside the joining of the sexes it has in itself this sacrament of Christ and the Church</em>. And again the same: <em>Therefore, he who should have given his daughter in marriage to a man having a concubine, it is thus not to be taken as if he had given her to a married man, unless perhaps that woman is seen made free and legitimately dowered and honoured with public marriage. By paternal authority the fault of joining is lacking to men if the women, who were had by the men, were not had in matrimony</em>. By which sentence he clearly shows, that there is then true joining of legitimate marriage, when it happens between free and equals, and by paternal authority a free woman is joined to a man, legitimately dowered and honoured by a public marriage, with sexual intercourse. And then marriage has the sacrament of Christ and the Church in it and then that woman is known to belong to marriage, in whom both sexual intercourse and the nuptial mystery are known to have been. <br /><br />[p 93] About which mystery, the apostle Paul says to the Ephesians: "He who loves his wife, loves himself. For no one ever has his own flesh in hatred, but nourishes it and cherishes it, just as Christ does the Church, since we are members of his body, from his flesh and bones. Because of this a man will leave his father and her mother and will adhere to his wife; and they will be two in one flesh. This is a great sacrament: but I say in Christ and in church." [Ephesians 5: 25] Hence St Ambrose signifies that the sacrament of the mystery is greatly in the unity of man and woman. <em>Nor does only this appear, but it also demands another case, which is not in discord from the remembered mystery, which he knows to pertain to the human kind, that is of the church and Saviour, so that just as with parents left behind the man adheres to his wife, so also with all error left behind, the Church may adhere and be lain under its head, which is Christ. Since there is one nature in man and wife, therefore the man is reminded thus to love the woman as if himself.</em> For by natural reason, the woman is a part of the body of the man, and through this the man loves himself in the woman; in which way, if he should fornicate, he sins in himself, since the two are in one flesh. The persons do not therefore divide the substance, so that through persons the number of nature may happen (?), but the natures are in unity. And St Augustine in the first book of marriage and concupiscence says: <em>Clearly it is not only fecundity, whose fruit is in offspring, nor is it only modesty, whose chain is faith, but also a certain sacrament of marriage is commended to the faithful married, whence the apostle says: "Men, love your wives, just as Christ also loved the Church." The matter of this sacrament is without doubt that male and female, joined by marriage, as long as they should live, should persevere joined inseparably, nor is it allowed to separate man from wife except in the case of fornication. For this is kept in Christ and the Church, that the living with the living in eternity may be separated by no divorce in the City of God on his holy mountain, that is in the Catholic Church</em>. And St Gregory in the letter to Patriarch Teoctista says: <em>For the Truth says through himself: 'What God has joined, let not man separate.' Who also said: 'It is not allowed to send away a wife except in the case of fornication.' [Matthew 5: 32] For we know that it is written: 'They will be two in one flesh.' If therefore man and wife are one flesh and for the sake of religion a man sends away the wife or the wife the husband, remaining in this world or perhaps moving to illicit things, what is this conversion, in which one and the same flesh both partly moves to continence and partly remains in pollution? But if it should befit both to lead a continent life, let who may dare accuse this, when it is certain that omnipotent God who concedes lesser things, has not prohibited greater things?</em> And somewhat after: <em>But if the wife does not follow continence, which the man seeks, or what the wife seeks, the husband rejects, the marriage is not allowed to be separated. Since it is written: 'The woman does not have power over her body, but the man; similarly the man does not have power over his body, but the woman.'</em> [1 Corinthians 7: 4] And in the letter to Adrian, notary of Panormi: <em>For, except in the case of fornication, divine law concedes to the man to leave his wife for no reason, since after joining of marriage, one body is made of the man and a woman, it cannot be converted partly and partly remain in the world. </em><br /><br />[p 94] And St Augustine in the book about the good of marriage: <em>For this reason there is marriage, so that concupiscence itself reduced to a legal chain should not flow deformed and dissolute, having from itself uncheckable infirmity of the flesh, but from marriage the indissoluble society of faith, from itself immoderately increase of uniting, from marriage the means of chastely procreating. Therefore married persons owe one another not only the faith of their sexual intercourse itself, for the begetting of children, which is the first fellowship of the human kind in this mortal state; but also, in a way, a mutual service of sustaining one another's weakness, in order to shun unlawful intercourse: so that, although perpetual continence be pleasing to one of them, he may not, save with consent of the other. For thus far also, the wife hath not power of her own body, but the man: in like manner also the man hath not power of his own body, but the woman. So that also they deny not the one or the other that which either he seeks of marriage, or she of her husband, not for the begetting of children, but for weakness and incontinence. Lest by this they fall into damnable seductions, through temptation of Satan, by reason of incontinence either of both, or of whichever of them</em>. Again in the same book: <em>Therefore that marriage takes place for the sake of begetting children, as the Apostle is a witness: "I will," says he, "that the younger women be married." And, as though it were said to him, For what purpose? straightway he added, "to have children, to be mothers of families." [1 Timothy 5: 14] But unto the faith of chastity pertains that saying, "The wife hath not power of her own body, but the husband: likewise also the husband hath not power of his own body, but the wife." But unto the sanctity of the Sacrament that saying, "The wife not to depart from her husband, but, in case she shall have departed, to remain unmarried, or to be reconciled to her husband: and let not the husband put away his wife." All these are goods, on account of which marriage is a good; offspring, faith, sacrament</em>. And in the book about marriage and concupiscence: <em>Yet in marriage let the marriage goods be loved: offspring, faith, sacrament. But offspring not only so that they may be born, but also so that they may be reborn. For they are born to punishment, unless they should be reborn to life. But faith, not such as the infidels have between themselves jealous of loving ardently the flesh. For what man however impious wants an adulterous wife? Or what woman however impious wants an adulterous husband? For this in marriage is indeed an natural good, yet carnal, but a member of a Christian spouse ought to fear to be joined to an adulterer, not for himself/herself, and to hope for whatever prize of faith from Christ of the marriage. But let married people keep harmonious and chastely the sacrament, which neither the separated nor adulterated lose. For that is the only thing which also a sterile marriage holds by the law of piety, with hope of fecundity now lost, because of which they had been joined. Let him praise these nuptial goods in marriage who wants to praise marriage</em>. And in the literal Genesis: <em>The good which marriage has and which are the marital goods can never be a sin. But this is threefold: faith, offspring, sacrament. It is attended to in faith lest besides the marital bond one sleeps with another male or female; in offspring so they may be received lovingly, nourished benignly, educated religiously; in sacrament, so that the marriage may not be separated and nor is the one sent away (male or female) joined to another for the sake of offspring. For this is as if the rule of marriage, by which either the fecundity of nature is adorned, or the wickedness of incontinence is ruled. </em>Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-25997636543079372612010-09-01T23:49:00.000-07:002010-09-02T01:31:26.051-07:00Letter on Stephen 2: next procedural steps[p 90] But with him heard, the synod ordered him to withdraw. And once individuals had spoken according to how it seemed to them, it was decreed that you co-provincial archbishops with your fellow bishops in that kingdom should undertake a synod at a convenient time and place, and let there be a placitum where the prince with the primores of the land may be present, lest - may it not happen - those illustrious men from either side may come together with the help of relatives and friends, and by the devil's working, a seditious tumult may be able to arise. And let the King attend to pacifying this case between noble men with noble men, but you, by episcopal authority and canonical definition, take it apart and take care to lead it to the due and healthy finish. Stephen having been called, this proposition was put to him and very gratefully received by him. But since the very littleness of my little intelligence, by the order of the synod, took care to suggest what it thought accordingly about the method of this case and the order of definition (?), it pleased the common consent of holy unanimity, that I transmitted and commended these things in letters also to your wisdom, just as they were then accepted in council. And therefore, not as if to those not knowing these things which follow, which are necessary to you, nor as claiming special authority of knowledge for myself, or boasting audacity of definition, but as a servant of the Church and your servant, namely of all the servants of God and servant to the Lord's people, I have taken care to collect anything, not as I ought, but as I could, from obedience of devotion and collected to transmit to you. In which things I have taken care to place nothing from civil law, which bishops ought not to recognise, but to note down briefly, as much as occurred to the memory, those things which are known to agree with ecclesiastical definition. <br /><br />[p 90] St Gregory demonstrates in a letter of instructions to John the defensor, the order of judgement about things not yet spontaneously confessed or convicted openly, since otherwise no one, as Pope Leo discerned, can be judged regularly. St Gregory says: <em>First so that judgement may be made in an orderly way, to what extent some are accusers and others witnesses. Then so that the quality of the cases, if it should be worthy of exile or condemnation, may be explored, with that one being present, who is accused, let testimony be offered against him under oath, and implanted with writing of the acts and let the accused be allowed to reply and defend himself. But it is to be enquired subtly about the persons of the accusers and witnesses, of what condition or what repute they are, lest they are needy, or lest perhaps they may have some enmities against the accused, and whether they have said testimony from hearing or really testify they specially know themselves, and so that the sentence judged from the writings may be recited with the parties present (?), and thus all things may solemnly be confirmed. </em><br /><br />[p 91] But about a clear case and one known to very many, or which he thus confesses, just like that one (if yet also the girl [Raymond's daughter] should say, just what Stephen says, since often we hear among the masculine and women, that what one says the other one very often denies) witnesses are not to be sought, as St Ambrose says in a letter to the Corinthians, explaining the statements of the Apostle about the fornicator: <em>Judges should not condemn without an accuser since also the Lord, although Judas was a thief, since he was not accused by no means cast him off, although with that work known, he should have been banished from the meeting of the brotherhood. For all used to know his crime and did not accuse. For publicly he had his stepmother in the place of a wife. In which matter there is neither work for witnesses nor could the crime be covered by any subterfuge</em>. And a little later: <em>With the face being absent but the spirit being present by authority, who is absent nowhere, I have now judged him as present who admitted this. </em><br /><br />[p 91] Therefore it is necessary that Stephen brings the girl to the synod and the father of the girl herself should come, and the girl should be questioned if it is true what Stephen says, that he has preserved her intact until now. And since we have heard about another woman, since she wanted to be freed from a husband, she was prevailed upon and then said other things about herself which were not true, as is reported, let due liberty be given to her and the peril indicated, lest, prevailed upon, she might confess a lie for the truth. And if she should say thus just as Stephen and then, if it should be necessary, belief befitting reason and authority should be received thence by oath, or satisfaction through suitable person, if necessity demands, should be demanded by judgement. Since not for the sake of fraud or any other cause whatever should Stephen remove himself from carnal bond of this girl, except for this reason, which he himself indicated to the synod, namely that he had had lain carnally with a blood-relative of the girl betrothed to him, a relative by connection of the flesh. <br /><br />[p 91] For this Pope St Leo and blessed Gregory judge to happen in a doubtful matter, openly through an oath from a priest or from whatever man or woman, noble or ignoble, just as he who should want to read will be able to find. Among other things that blessed junior Gregory says in a letter to Boniface Bishop of Mainz directed via the priest Denwald: <em>In the case in which they should not be sure witnesses, who may confirm the truth of the crime produced, it should be sworn on oath in the midst and let the accused offer back testimony about the purity of his innocence, to whom all things are naked and open, and let him have as a witness of his conscience, he whom he will also have as his judge. Which purging of the sacrament is very usual both in churches and in external laws and is also established to have arisen from the truth of faith from the earliest times.</em> But judgement is not accustomed to happen except for the sake of concord, peace and charity among equals; but it is done by subjects for the satisfaction of greater. Which in this case, cannot be required by authority unless it should happen from the placitum. <br /><br />[p 92] Since it has been said to us to be required from Stephen that he designate by name the woman he has slept with, and demonstrates the certain affinity of relationship, for the sake of which he is not able to unite himself in carnal bond with this girl, we have reckoned to place this worthy thing here which the Apostolic authority discerns from this and the Catholic Church holds, with the truth on this account being known, that it is against reason and ecclesiastical authority and habit of Christian devotion to seek that from him, if perhaps it is sought from another. <em>Leo, greetings to the universal Church in Campania, Samnium and Picenium and all provinces. I am moved with great indignation and saddened with much sadness that certain of you are learned to be forgetful of Apostolic tradition and entangled in zeal of their errors.</em> And after a while: <em>Namely about penance which is offered by the faithful: lest a written declaration should be publicised in the form of a booklet about individual sins, it suffices individual priests to have secret confessions of consciences indicated. For although a plenitude of faith should seem laudable, which because of fear of God does not fear to blush before men, yet since not all sins are of this kind, that those who desire penitence do not fear to publicise them, let the objectionable custom be removed, lest many are bent from the remedies of penitence, since either they blush or fear their deeds to be revealed to their enemies, by which they could be struck down by the law constitutionally. For that confession suffices which is offered first to God, then also to the priest, who he may approach as an intercessor for the sins of the penitent. For there are many who will be able to be provoked to penance, if their conscience is not publicised to the revealing ears of the people. </em>Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-50249409632209204612010-09-01T13:53:00.000-07:002013-01-17T12:07:13.947-08:00Letter on Stephen 1: outline of the case[p 88] Hincmar, bishop by name, not merit of Rheims and slave to the people of God, to the reverent Archbishop of Bourges and very dear brother Rodulf and to the amiable brother and honourable Archbishop of Bordeaux Frothar with all the venerable bishops of your provinces, wishes for very many greetings in the Saviour<br /><br />[p 88] Recently letters were delivered to the synod of bishops of fourteen provinces, namely Lyons, Rouen, Tours, Sens, Vienne, Arles, Besancon, Mainz, Cologne, Trier, Rheims, Bourges, Bordeaux, Narbonne, at the villa of Tusey in the parish of Tulle, in 860, indiction eight, month of November, laying down the quarrel of Count Raymond against Stephen. That namely the said Raymond gave his daughter legally to the aforesaid Stephen for the joining of marriage, but he [Stephen] did not use her legally as a wife, because, as he acknowledges, he had formerly mixed himself in carnal commerce with another relative of the same girl, but he did not want to reveal with whom or how closely joined by affinity. This meaning of these letters, if I repeat rightly something whose words I do not hold, were recited and set in the synod. Such an accusation did not merit to obtain a synodal response, since no one absent can accuse anyone by letter regularly and, if he has given his daughter legally to another in marriage, he has set her free from his power, because of which, on account of this business, which perhaps thus had been able to be hidden or interpreted otherwise than it might have been said (?), he [Raymond] cannot canonically accuse him to whom he gave her; about which thing the wife ought to join the accusation or suit against her husband, if necessity demands, but the father ought to seek for her thence either correction of her husband by persuasion or suggestion, by which means he himself would also have been able to satisfy. However, since this case has been ventilated by very many and both noble and illustrious men and powerful according to the dignity of the world for about three years, if among themselves they disagree hence for a very long time, very great scandal will be able to happen in the church and detriment in the kingdom because of this, and since the same Stephen was in service in the royal household in the same place, it seemed to the synod that it should summon him and take care to find from him what he should say about these things. But called so that this might be related, after certain things he asked contradictions (?) of his response, so that would it be allowed to him to speak with the bishops alone. And the others retreating, he intimated to the bishops the things which seemed to him. To whom among other things the bishops said, they could neither give him secret council nor pronounce private judgement about the things which the letters of Raymond had spoken and which are ventilated throughout the mouths of almost everyone in many kingdoms. Therefore also he himself said he wanted what was here before him to come to the notice of all and obtain necessary council and have judgement savingly discerned for him: yet he would like first that the synod might publicly hear his statement and only then give council to him and promulgate judgement. <br /><br />[p 89] And let us exhibit his person speaking: "As is the custom," Stephen said, "in the fragile nature of my youth it happened to me youthfully with a certain woman. But also when time came to me, that I might seek legitimate marriage in the manner of my ancestors, united with the consent of my relatives and friends I asked seeking as a legal wife the daughter of Raymond, as a noble man, hoping to be legally betrothed. But returned to myself and knowing what had I done, I proceeded to my confessor and sought his counsel: that since the young woman, with whom I had been mixed in carnal commerce, was the relative of this girl, and that I had heard that those pertaining to one another from the fourth degree and in the rest were able to connect themselves, whether with this girl remaining betrothed to me, I could have joined her to me in marriage, while remaining under a secret penitence, without my and her eternal damnation. He showed me a book which, as I believe, is called canons and read before me, that as long as the nearness of affinity can be counted, it is allowed neither to me or to any Christian man to be joined with his female relative or she whom a relative has or with two relatives savingly, and as long as we might remain in such incest, neither I nor her would be able to do fruitful penitence, nor would such incest be able to be cured unless by our separation from each other. Meanwhile disagreement occurred between my superior, the lord king and my youthfulness, so much that I could not remained surely in that kingdom. Therefore, bound from either side, I could neither break my betrothal, nor dare to take my betrothed in marriage, lest the disagreement of Raymond and his noble relatives might also add to the disagreement of my lord, and thus I either might be banished totally from the kingdom, or if I were wanting to remain in the kingdom, would die. And therefore I evaded through two placita leading my betrothed in marriage. But at length, forced by necessity, since I was being threatened about my life, I endowed her and accepted her, honoured by public marriage. But lest I might lose her with me who had been healthy up till then, and I might more cumulatively acquire perdition for myself, I decided to keep her intact thus far. And since therefore the truth of reason keeps itself through all things, and I did this not from fraud or hate or despite of someone or love of another woman, but just as I told you now, God being my witness, in whatever way it now pleases you, I demonstrate through myself and my relatives and friends or faithful men this to be true to you by sacrament, or by what every other convenient way you may like. And if you want and seek it, I send as many of my slaves as you decide thence into judgement and I am ready in all things in which I should be able, to obey what council thence you should give to me according to God for my salvation and according to the world for agreeing with honour and for pacifying Raymond and for the salvation and honour of the girl herself."Magistrahttp://www.blogger.com/profile/15014577751391109637noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-58257277091765819152008-01-06T07:38:00.000-08:002015-09-14T00:17:04.650-07:00Interrogatio 5[135]. [And tell us] how or for what causes marriages can be separated once they have been entered into, and without which causes they must not be separated. And after a separation, whether the man or woman, whichever one is still alive, can hope for another union; and whether, sinning within marriage, they should each be judged by the same judgement.charleslincolnshirehttp://www.blogger.com/profile/15092839014900507527noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-17173191861355223602008-01-06T03:58:00.000-08:002015-09-14T00:17:04.638-07:00Interrogatio 7[161] And they say that it was on account of a secret confession made by this woman that her champion escaped unburned from the ordeal .charleslincolnshirehttp://www.blogger.com/profile/15092839014900507527noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-3265454293868003022008-01-03T13:11:00.000-08:002015-09-14T00:17:04.644-07:00Appendix. Interrogatio 7<em>[250] And since some wise men say these things, as we said, do bishops and other Christians have any danger who take communion with this adulterer, and if there is a danger, how will they be freed before the Lord from the danger of communion?</em>charleslincolnshirehttp://www.blogger.com/profile/15092839014900507527noreply@blogger.com0tag:blogger.com,1999:blog-2478716498788242619.post-67322567970974909052008-01-03T13:05:00.000-08:002015-09-14T00:17:04.657-07:00Appendix: interrogatio 6. On the supremacy of Lothar in his kingdom.<em>[246] Some wise men say that this prince is the king, and is subjected to the laws and judgements of none except God alone, who constituted him as king in the kingdom which his father left to him. And that if he should wish, he will go to a placitum or a synod for this or that matter, and that if he should not wish, he will freely and legitimately leave off doing so. And just as he must not be excommunicated by his own bishops, so he is not able to be judged by other bishops, since he is subjected to the supremacy of God alone, from whom alone he was able to be constituted in supremacy. And what he does and how he is in governance is at the command of God, as it is written, “The heart of the king is in the hand of the Lord: whithersoever he will, he shall turn it”.</em>charleslincolnshirehttp://www.blogger.com/profile/15092839014900507527noreply@blogger.com0