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‘The prologue to the “Decretum” and “Panormia” of Ivo
of Chartres. An eleventh century treatise on ecclesiastical
jurisprudence
Brasington, Bruce Clark, Ph.D.
University of California, Los Angeles, 1990
U-MI
300. Zeeb Rd
‘Ann Arbor, MI 48106UNIVERSITY OF CALIFORNIA
Les Angeles
The Prologue to the Decretum and Panormia
of Ivo of Chartres. An Eleventh-century
Treatise on Ecclesiastical Jurisprudence
A dissertation submitted in partial satisfaction of the
requirements for the Degree Doctor of Philosophy
in History
by
Bruce Clark Brasington
1990‘The dissertation of Bruce Clark Brasington is approved.
Dhar H. Rowe
Richard W. Rouse
bay
Bengt Léfstedt, Co-Chair
(amt
Robert Benen, co-chair
University of California, Los Angeles
1990
ii‘Table of Contents
Introduction
Chapter 1: Critical Edition
Prolegonena to the Edition.
Conspestus siglorum..
Stemma codicun... eee 116
Edition, Apparatus, Translatio: +232
chapter 2: soure
Chapter 3: Analysis of the Prologue
The gurisprudential Background.....
sete cece 364
seeeeeees 470
Analysis of the Prologue..
Chapter 4: Legal wachleben
Legal Nachieben I.
Legal Nachieben II..
Chapter 5: Extra-Legal Nachleben
Extra-Legal Machleben I...
Bxtr
egal Machleben 11,
Conclusion.
jelected Bibliography..
ppendicie:
iiiAbbreviations
Full bibliographical citations, when not given here, may
be found in the bibliography.
AHP
AHR
AKKR
Barker, History
Ratara._and
BEC
Blienetzrieder,
Schriften
BMCL
Catalogue générale
Catalogue générale
manuscrits latins
catalogus codicum
regiae
ech.
cu
Cottineau,
Répertoire
Axrshivum Historiae Pontificiae
American Historical Review
Archiv flr katholisches Kirchenrecht
Lynn K. Barker, History, Reform and
Law_in the Work of Ivo of Chartres
(Dissertation: North Carolina 1988)
Bibliotheque de 1'Ecole des Chartes
Franz Bliemetzrieder, "Zu den zu_den
Schriften Ivos von Chartres (+1116).
Ein literargeschichtlicher Beitrag,"
SB Vienna 182 (1917)
Bulletin of Medieval Canon Law. New
Series
Catalogue générale des _biblictheques
bubliques de France. Départements
Catalogue générale des manuscrits
(Paris 1940-)
regiae 3 vols. (Paris 1744)
Corpus Christianorun. Series Latina
Sorpus Christianorum. Continuatio
Mediaevalis.
L.H. Cottineau, Répertoire topo-
bibliographique des_abbayes et
prieurés 2 vols. (Macon 1935-39)
Corpus Scriptorum Ecclesiasticorum
Latinorun
ivMittelalters
poe Pictionnaize de droit canonique
ERR English Historical Review
Fournier, "Les Paul Fournier, "Les collections
collections" attribuées a Yves de
BEC 57 (1896) 645-98; 58
(1897) 26-77, 293-326, 410-44, 624~
76, rp. in
gahonigue 1.451-678.
Fournier,
en occident depuis les
fausses décrétales jusqu'au Décret_
de Gratien 2 vols. (Paris 1931-1932,
rp. Aalen 1972)
Halm, Catalogus August Halm, ed.
Sodicum Monacensis (Munich 1868-)
HZ Historische Zeitschrift
aK Regesta Pontificum Romanorum (Jaffé-
Kaltenbrunner)
JE Regesta Pontificum Romanorum (Jatfé-
Ewald)
ots The Journal of Theological studies
Kretzschnar, Robert Kretzschmar, Alger von Alger
Alger _von 7
Luttich dustitia." Ein kanonistischer
Konkordanzversuch aus der Zeit des
Investiturstreits. Untersuchungen _
und Edition (Quelien und Forschungen
zum Recht im Mittelalter 2:
Sigmaringen 1985)
Kuttner, Stephan Kuttner, Repertorium der
Repertorium 5
(Studi et Testi 71:
Sorpus dlossarum
Vatican City 1937)
Leclercq, "La Jean Leclercq, "La collection des
Collection" lettres d'Yves de Chartres," RB 56
(1946) 108-25Mansi
MBKO
Mélanges
MGH LaL
MH Schriften.
MGH ss
qc
MrIdc
MGB
NA
PL
, ed. Giovanni,
Domenico Mansi, 60 vols. (Paris
1901-1927)
Mittelalterliche Bibliothekskataloge
Deutschlands und der Schweiz
yibtelalteriiche Biplicthekskatalose
Mélanges de droit canonique, ed.
‘Theo Kblzer 2 vols. (Aalen 1983)
Neil Ker,
Great Britain (London 1941)
Neues Archiv der Gesellschaft fir
diltere deutsche Geschichtskunde
iatina, ed. J.P. Migne, 221 vols.
(Paris 1844-1864)
Proceedings of the Fourth
International Conaress of |
Ganon Law, ed. Stephan Kuttner
(MIC. Ser. C. Subsidia 5: Vatican
city 1976)
Proceedings of the Sixth
International Congress of Medieval
Ganon Law, ed. Stephan Kuttner and
Kenneth Pennington (MIC. Ser. C.
Subsidia 7: Vatican City 1985.
viSB Berlin
SB Munich
SB Vienna
Sprandel, Ivo
von Chartres
Stelzer,
Gelebrtes
Recht
St.Greg.
Revue _bénédictine
Twelfth Century, ed. Robert L.
Benson and Giles Constable (Harvard
1982)
Rolf Sprandel, Ivo von Chartres und
Kixchengesc”(chte (Pariser
Historische studien 1: Stuttgart
1962)
Winfried Stelzer, Gelehrtes Recht in
14. dahxhundert (mi6G Ergiinzungsband
26: Vienna 1982)
Studi Gresoriani‘Tabulae manu
seriptorun (Vienna 1864-)
‘TRHS Transactions of the Roval Historical
Society
Vatican Catalogue of Vatican Legal
Gataloque Manusoripts
2RG KA Zeitschrift der Saviony-stiftung fir
viiiACKNOWLEDGMENTS
Many have helped me over the last six years. The
debt is great.
I wish te thank my professors at UCLA for their
valuable guidance. My advisor, Prof.
or Benson, first
suggested the Prologue to me as a worthwhile topic for
re
arch. His encouragement was unfailing. My co-
chairman, Professor Léfstedt, likewise provided constant
support as I struggled with the complexities of the
textual tradition. I am also grateful to my third
reader, Professor Rouse, for his careful reading and
constructive criticism. Finally, I must add here ny
special thanks to Professor Stephan Kuttner, who
encouraged the project from the very start.
Without the generous support of the Deutscher
Akademischer Austauschdienst, the bulk of my research
could not have been undertaken. During my two years in
Munich, I enjoyed the hospitality of the Monumenta
Germaniae Historica and the support of its president,
Professor Dr. Dr. h.c. Horst Fuhrmann. I also owe a
particular debt of thanks to Professor Dr. Peter Landau
for his hospitality and help during my many visits to
Regensburg. Dr. Claudia Martl's interest and help have
saved me more than once from error and omission.
Finally, I wish to thank the library staff of the MGH,
its former head, Fraulein Dr. Lietzmann and Frau KristaBecker.
The manuscripts of the Prologue are scattered
throughout Europe. I owe a great debt to the numerous
libraries that generously allowed me to visit or
graciously provided me with photostats or microfilms.
For two years the Handschriftenabteilung of the
Bayerische Staatsbiblicthek was a second home to me, and
I wish to thank Dr. Dachs and Frau Renner for their help
and hoepitality. I also wish to thank the following
libraries and institutions for their assistance: Berlin
(Zast), Deutsche staatsbibliothek; Berlin (West),
Staatsbiblicthek PreuBischer Kulturbesitz; Cambridge,
Corpus Christi College and The University Library;
Darmstadt, He:
sche Landes-und Hochschulbiblicthek;
Ligge, University Library; London, The British Library;
Paris, Bibliothéque Mazarin and the Bibliotheque
Nationale; Salzburg, Erzabtei st Peter; stuttgart,
Wirttemburgische Landsbibliothek; Vienna,
Ssterreichische Nationalbibliothek. I also wish to thank
several re:
eh institutes for their special
assistance. The Institute of Medieval canon Law at
Berkeley has become a welcome haven for this weary
graduate student over the last six years. Stephanie
Jefferis-ribbetts and Katherine Christiansen helped me
from the outset of my work on the Prologue. The Hill
Monastic Manuscript Library not only provided me with
numerous films and photostats from its rich holdings butalso provided warm hospitality during a visit in 1987.
Finally, the staff of the IRHT in Paris made a brief,
hectic visit in 1987 both productive and enjoyable.
My friends and colleagues have helped me at
various times in my work. I owe a debt of thanks to
Peter Diehl, Neil Hathaway, Joseph Huffman, Clay Stalls
for taking time out from their own research both in
America and Europe to answer questions and plough
through manuscripts. Eric Rambo also provided
unflagging, cheerful encouragement.
The greatest debt of thanks must go, however, to my
family, who have patiently supported me during the long
years of graduate study. Both my mother and father and
mother and father-in law encouraged me, even when it
seemed as if Ivo's Prologue would never find an end. To
my wife, Darlene, I offer my deepest thanks, thanks
beyond any words I myself could write. In The Prophet,
Kahil Gibran remarks: "You give but little when you give
of your possessions. It is when you give of yourself
at you truly give." In thanks for her greater gift of
love, I dedicate this dissertation to her.
xiVITA
March 3, 1957 Born, Alexandria, Virgina
1979 B.A., History
Oklahoma state University
Stillwater, Oklahoma
1982 M.A., History
Southern Methodist University
Dallas, Texas
1983-1985 Teaching Assistant
University of California, Los Angeles
Los Angeles, California
1985 Outstanding Teaching Assistant Award
University of California, Los Angeles
Los Angeles, California
1985-1987 Research at Monumenta Germaniae Historica
Munich, West Germany, under grant from
Deutsche Akademischer Austauschdienst
(DAAD)
1989-1990 Instructor, Social Sciences 88 Program
University of California, Los Angeles
Los Angeles, California
PUBLICATIONS AND PRESENTATIONS
Brasington, Bruce (July 1988). The Prologue of Ivo of
Shartres.—h Fresh neanination fron-the Manuscript
26 1988).
Brasington, Bruce C. (May 1990) Congrega seniores
canon Law. Paper Presented at the 25th International
Congress of Medieval Studies, Kalamazoo, Michigan.
(La Jolla, CA. August 21-
xiiABSTRACT OF THE DISSERTATION
The Prologue to the Decretum and Panormia
of Ivo of Chartres. an Eleventh-century
Treatise on Ecclesiastical Jurisprudence
by
Bruce Clark Brasington
Doctor of Philosophy in History
University of California, Los Angeles, 1990
Professor Robert L. Benson, Co-Chair
Professor Bengt Lifstedt, Co-Chair
‘This dissertation explores a treatise on
jurisprudence written by Bishop Ivo of Chartres around
1090. Ivo was a leading figure in Church reform and the
outstanding legal mind of his day. His treatise,
commonly known as his Prologue, is the first systematic
exposition of ecclesiastical jurisprudence in the
history of the Church. It made a fundamental
contribution to the development of scholasticisn.
Chapter one presents the critical edition of
Prologue, the first in its history. Here evidence
be offered demonstrating that the text originated
iki
the
willtreatise before its transformation into a prologue for
Ivo's legal collections. A translation then follows.
Chapter two analyzes the material and formal
sources of the treatise. Chapters three and four then
consider the message of the Prologue, examining, in
turn, the jurisprudential traditions that educated Ivo
and the distinctive jurisprudence of the text based on
the development of dispensation in light of christian
love. special attention is paid to Ivo's use of previous
authors, such as St Augustine, when compared to their
utilization by contemporary theorists during the
Investiture Contest.
Chapter five treats the influence of the Prologue
on twelfth-century legal thought. It considers the
transmission of the text’ with interesting derivative
versions of Ivo's collections, its reception by Gratian
into his Decretum, and its extensive use by the French
school of decretists. Chapter six, also in two parts,
analyzes the influence of the Prologue on non-legal
writers. The first section considers its impact on
various historical writers. The second section analyzes
the extensive glosses to the text.
This study provides a detailed text-history of
Ivo's treatise on legal theory. It aims to show the
pastoral orientation guiding Ivo's jurisprudence, a
vision of canon law based on a flexible understanding of
tradition grounded in Christian love.
xivIntroduction
A picture of feudal society, especially in its first
age, would inevitably give but an inaccurate idea of
the reality if it were concerned exclusively with
legal institutions and allowed one to forget that men
in those times lived in constant and painful
insecurity.?
‘The great French nedievalist Marc Bloch has vividly
described the world of Bishop Ivo of Chartres (ca. 1040-
1115). He also challenges this present study, an attempt
to capture the image of the violent, dynamic world of
the late eleventh century as reflected by a single text:
a jurisprudential treatise composed by Ivo at the outset
of his episcopate (1090-1115), a work commonly called
his Prologue. In tracing the great themes of Ivo's
treatise, we must never forget Bloch's portrait of
feudal society. It is the Prologue's essential context.
For the world of 1100 was a canvas painted in harsh
contrasts, colored by the daily menace of violent men,”
and the eternal ideals of christian peace.’ As we will
discover, Ivo's exposition of Christian love in law, the
message of his Prologue, provided more than theory; it
responded to this struggle between fear and hope,
violence and peace.
My task is to write a text-history of Ivo's Prologue.
I do not undertake it lightly. A chasm separates us from
Ivo, and the intervening centuries challenge any attemptto pry open a window into the late eleventh century.
Despite the wealth of his surviving letters, sermons,
and canonical collections, Ivo remains a difficult,
enigmatic figure. Contemporary witnesses do not paint a
vivid portrait of the man. The Chartres nartyrology
praises the bishop in lavish but familiar terms.* Ivo
was a "man of great religion" (yuir magnae religionis), a
devoted pastor and diligent bishop, adept in politics
and deep in learning. Other records note his efforts at
reform for, like many of his contemporaries, Ivo
reformed his diocese literally as well as figuratively,
transforming the wooden episcopal domus into a house of
stone and his clergy into Augustinian canons.* Amid the
praise, however, we gain no real measure of the man, no
insight that might easily separate personality from
performance. In an age notable for striking, even
occasionally almost demonic figures, Ivo appears
conventional, almost bland.’
One should not, however, quickly dismiss a portrait
of the conventional in an age of conflict. In its own
way, the solid impression of Ivo's career as bishop
stands out markedly when compared to the extremes of his
contemporaries on both sides of the struggle for church
reform. An illustration of this appears in the almost
contemporary portrait of Ivo preserved in a Copenhagen
manuscript of his letters dating from the 1130s.° At
first glance we are unimpressed, for we see only apicture of a bishop enthroned on his cathedra, a
traditional portrait seemingly devoid of any
personality.* Nevertheless, it is the very stability and
solemnity of the bishop in his maiestas, enthroned with
staff and book in hand, that captures Ivo. The remainder
of this study will provide a gloss to this image, for
Ivo cannot be understood apart from his office, his
Prologue apart from the daily concerns of the bishop. In
our reading of the Prologue we must always seek the
pastoral concern animating the great themes of
jurisprudence and ecclesiology.
Modern scholars have rightly praised Ivo's
achievements. The bishop was a great reformer,
responsible not only for carrying the initiatives of his
mentor Urban II north of the Alps,” but also for the
establishment of regular life among his clergy."
Likewise, Ivo was a scholar, undoubtedly the leading
canonist of his day. He turned his knowledge of the
canons to the resolution of the Investiture Contest, and
made an important contribution to the distinction
between regalia and spiritualia that would eventually
lead to the compromise at Worms in 1122.” Finally,
Ivo's scholarship made a crucial contribution to the
emergence of scholasticism, and this study will trace
the Prologue's role in the transformation of tradition
into dialectical, systematic disciplines of law and
theology.These achievements cloud, however, our understanding
of the Prologue. Scholars have tended to ignore or
undervalue the mundane context of the treatise, often
treating it as an intellectual monument somehow detached
from the day-to-day affairs of the bishop of Chartres.
This study will attempt to avoid this error. For however
loyal to the papacy, ardent a reformer, and keen a
scholar of law and theology, Ivo retained a unique,
practical understanding of law and the church, an
understanding shaped by his education and career as a
northern French cleric. In Ivo we encounter a voice of
the great reform movement often unheard amid the shrill
debates between Empire and Papacy: the counsel of the
provincial reformer attempting to harmonize the ideals
of the reform movement with the specific needs of his
church, Without the cooperation of bishops like Ivo, the
ultimate success of the reform outside of the
Investiture Contest and, indirectly, the triumph of the
papai position, would not have been possible.” The
Prologue bears witnesses to this effort.
‘Three main objectives direct this text-history of the
Prologue. From the foundation of a critical edition I
shall examine the message of the text by providing a
detailed comparison of Ivo's legal, theological, and
ecclesiological arguments with those of his
contemporaries. The edition will also permit the
analysis of the treatise's sources, thus enabling aglimpse into his intellectual workshop in the early
years of his episcopate. Finally, I shall trace the
extensive influence of the Prologue on later audiences,
one that embraced the totality of the cultural revival
in the twelfth-century Renaissance.
The focus of this text-history will be caritas, the
distinctive expression of Christian love at the core of
the Prologue. Caritas crystallizes Ivo’s conception of
law and ecclesiology; it is the axis around which all
arguments turn. Guided by Christian love, the canons
become a flexible tool that can answer every dilemma
with the proper remedy found in the balance of
moderation and severity. This effort to harmonize
tradition in love so that it might meet the needs of the
Church, distinguishes the Prologue from the competing
texts in the literature of the Investiture Contest. The
theme of caritas also won new audiences for the text in
the twelfth century, long after the libelli of the
reform era had ceased to be read.
The plan of the following study can be briefly
summarized. First comes an analysis of the Prologue's
extensive manuscript tradition. A critical edition with
accompanying translation will then follow. The critical
edition provides the foundation for the next chapter, an
analysis of the Prologue's distinctive message. Next the
sources of the Prologue will be considered, not only the
individual texts used by Ivo but also their formaltransmission. Finally, two chapters will trace the
Prologue's influence on twelfth-century thought. Here I
shall first examine the text's impact on canon law,
which extended from the dominance of the Panormia in the
first decades of the century to include the French
school of decretists in the 1170s. Master Gratian's own
use of the Prologue as a key text in his presentation of
the doctrine on dispensation forms the centerpiece of
this analysis. The next chapter will then consider the
Prologue's influence on extra-legal texts, ranging from
the early eleventh-century tracts of the Anglo-Norman
Anonymous to the historical writings of Ralph Diceto, a
commentator on the Becket controversy. An examination of
glossed Prologues, an unexpectedly rich source of
information on the diversity of Ivo's audience, will
conclude the work.1. Mare Bloch, Feudal Society, 2 vols., trans. L.A.
Manyon (Chicago 1961) 2.410.
2. See, among many similar examples, a letter of Ivo's
written sometime after 1114 to Cono, Cardinal Bishop of
Palestrina, and papal legate to France. In his letter (PL
162.277¢-278B), Ivo responds to the legate's report of the
excommunication of those involved in the seizure of the
county of Nivers. Ivo has challenged Count Theobald with
the fullness of canonical rigor in the hope that he might
give up the county and return the land to peace. Despite
the count's obstinance, further exacerbated by royal
support, Ivo urges the legate to press on for peace:
"communicate itaque consilio cum episcopis et judicibus
pacis, ita hanc controversiam sedare studete, ut qui ex
adverso stat non habeat quod reprehendat et pax
Ecclesiarum et quies pauperum in sua stabilitate
permaneant." On Cono's legation, see Theodor Schieffer,
Die pupstlichen Legaten in Frankreich vom Vertrage von
Meersen (870) bis zum Schisma von 1130 (Historische
Studien 263: Berlin 1935, rp. Vaduz 1965) 198-202. on
Ivo's turbulent relations with kings and counts, see
especially Rolf Sprandel, Ivo von Chartres, Seine Stelluna
in_der Kirchengeschichte (Pariser Historische Studien 1:
stuttgart 1962) 86-115. (Despite the partial edition of
Ivo's letters made by Jean Leclercq (on which morebelow), I have decided for the sake of consistency to cite
Ivo's letters in this study from the edition in PL 162.)
3. As vividly portrayed by Bloch, n. 1 above, 412-20.
A detailed study of the Peace and Truce of God movenents,
including their presence in the Chartres diocesis, is
provided by Hartmut Hoffmann, Gottesfriede und Treuga Dei
(MGH Schriften 20: Stuttgart 1964). For more on the
movements, in particular their conceptions of the oath as
it compares to Ivo's own formulation of legal status
before and after a vow, see below in chapter analyzing the
text.
4 For a good overview of Ivo's life and achievements,
with attention to pertinent bibliography, see the recent
dissertation by Lynn K. Barker, History, Reform, and Law
inthe Work of Ivo of Chartres (Dissertati:
of North Carolina 1988) 16-44. At least in its
University
bibliography, this work brings up to date the earlier
biography by Sprandel (note 2 above). For a critique of
Barker’ use of historical
analysis of the Prologue
argumentation, see below in the chapter analyzing the
text.
5. The entry is printed in the Cartulaire de Notre-Dame
de Chartres, ed. E. de Lépinois and L. Merlet, 3 vols.
(Chartres 1862-65) 3.225 and reprinted in PL 162.25C-26A.6. PL 162.268.
: We encounter this conventionality in several
nineteenth-century dissertations devoted to Ivo, for
example the work by Francis Ritzke, De Ivone episcopo
sarnotensis (Dissertation: Breslau 1863) and Albert
Sieber, Bischof Ivo von Chartres und seine Stellung zu
den kirchenpolitischen Fragen seiner Zeit (Dissertation:
Kénigsberg 1885). Both works are essentially derived from
earlier histories, portraits of Ivo's activity as a model
bishop reflected by his letters. Neither author discusses
the Prologue.
8. Kopenhagen, GL. Kongl. Saml. 1357 fol. s4v. The
manuscript is described in M. Mackeprang et al., Greek
and_Latin Illuminated Manuscripts x-XxII Centuries in
Panish_Collections (Kopenhagen 1921) 48, with the
miniature found on plate LXII. The manuscript dates to
the first half of the twelfth century and a possession
note on fol. iv indicates that it at one time belonged to
the Benedictine convent of Cismar in Holstein. Ivo's
letters occupy virtually the entire manuscript, 83 of 84
folios.
9. Contrast this image with the much more animated
portrait of Ivo's great predecessor Fulbert, preserved in
an eleventh-century miniature by Andrew de Mici in the
municipal library of Chartres. Fulbert stands under thenave of his cathedral in the act of blessing his flock,
who have crowded around him to receive his benediction.
The image is printed in color in Jan van der Meulen and
Sirgen Hohmeyer, Chartres, Biographie der Kathedral.
(Cologne 1984) pl. xxii.
10. Ivo owed his elevation to Urban, whose letter of
commendation to the clergy and people of Chartres
generally precedes the more complete collections of Ivo's
letters and is found at the head of the edition by
Juretus, reprinted by Migne at PL 162.13AC. On Ivo's
activity as reformer under Urban's guidance, see
especially Alfons Becker, Papst Urban IZ (1088-1099) 2
vols. (MGH Schriften 19.1-2: Stuttgart 1964-1988) 1.187-
226. For Ivo's influence on Urban's thought, see below in
the chapter on legal Nachleben.
21, On which see in general L. Fischer, "Ivo von
Chartres, der Erneuerer der Vita canonica in Frankreich,"
Eestaabe Alois Knépfler, ed. H. Gietl and G.
Pfeilsschrifter (Freiburg 1917) 67-88. For examples of
Ivo's direct reform of a foundation, consult charles
Dereine, "Les coutumiers de Beauvais et de Springersbach,"
RHE 43 (1948) 411-42 and L. Milis, "Le coutumier de Saint-
Quentin de Beauvais," Sacris Erudiri 21 (1972-73) 435-81,
the latter the foundation where Ivo served as provost
during the decade immediately preceding his election to
10Chartres in 1090. Further observations are provided by
Lynn K. Barker, "Epistola 63 and the Canonical Reform
Movement: Keys to Understanding the Typological Exegesis
of Ivo of Chartres," Proceedings of the PMR Conference 9
(1984) 51-8, who draws attention to Ivo's letter of about
2099, to a certain Leudo, probably a canon of St. Quentin
of Beauvais. The letter (PL 162.77D-81C) demonstrates
through a series of typological arguments the superiority
of the regular clergy over monks.
12. On which see Hartmut Hoffmann, “Ivo von Chartres und
die Lésung des Investiturstreits," DA 15 (1959) 393-440.
13. See especially the comments by Richard W. Southern,
The Making of the Middle Ages, (New Haven 1973) 150-51.
1Prolegomena
Introduction
The Prologue of Ivo of Chartres was a successful
text. This success is reflected by the mumber of
surviving manuscripts and the diversity of its
transmission. The task of editing this popular, flexible
document tests the limits of traditional stemmatic
analysis. The temptation to give up the search for an
authentic text in the mass of variant readings is very
real.’ Nevertheless, this edition has elected to follow
the traditional inductive methods of textual criticism,
for only these can provide the necessary tools to
examine the Prologue in all its diversity.*
The basic assumption of this edition is that the
Prologue must be studied as a text in its own right,
notwithstanding its general transmission as an
introduction to the Decretum and Panormia. While the
debate over the text's place within the tradition of the
collections has aided the initial survey of the
manuscript tradition, it did not materially contribute
te the final criteria that shaped the critical edition.
Collation has instead suggested that the text may
antedate both collections. This evidence will be
presented shortly.
This edition of the Prologue has required a broad
12study of the extant manuscripts. The results of
examination and collation--presented in the stemma
codicum--reflect the richness of its transmission as
Prologue and treatise.’ In short, this edition, while
recognizing the limits imposed by the size of the
manuscript tradition, still attempts to present an
authentic version of Ivo's treatis
‘The variants also
must not be ignored, for it is as much in the apparatus,
with of variants, with its geographicai and occasionally
interpretative diversity, ad“in the message of the text
itself, that the later reception and wide influence of
the Prologue can best be appreciated.
‘The printed Panormia Prologue
We must first consider the lengthy printed history
of the text. The Prologue was first printed in Sebastian
Brant's editio princeps of the Panormia at Basel in
1499. It stands as a landmark in the study of medieval
canon law, the first edition of a pre-Gratian canonical
collection. In his preface to the edition, Brant praises
his work as a useful contribution to contemporary
scholarship, not merely a curiosity from the past.‘ He
gives, however, no specific information about the
manuscript tradition behind the edition. We learn only
that the Panormia was "known only to a few
contemporaries," and that apparently only one manuscript
13was used in the edition.*
The next edition of the Panormia was produced at
Louvain in 1557 by Melchior Vosmedian. Vosmedian
provides more information about the background to his
edition. According to his introductory letter to Phillip
II of Spain, he first came across the collection while
attending the Council of Trent. In the accompanying
letter that serves as an introduction to the edition,
Vosmedian portrays his work as a act of Christian piety,
an effort to bring a forgotten text to the attention of
his contemporaries. Through the addition of scholarly
notes and indicies, he has made the Panormia once again
a useful weapon in the defense of the Catholic faith.®
The early printed history of the Panormia has
received surprisingly little scholarly attention. only
recently, in 1982, did Peter Landau present an initial
critical analysis of the editions, basing his study on a
collation of the Brant and Vosmedian editions with seven
Munich manuscripts. Landau focused his study on the
rubrics and inscriptions in the collection.’ Th
results should be briefly reviewed, as they provide the
necessary foundation for appraisal of the Prologue as
edited with the Panormia.
Previous scholars had rarely gone beyond a general
criticism of the inadequacies of the Migne edition.
Landau's ri
arch gave substance to this criticism for
the first time by attempting to identify and untangle
14the descent of the text from the first editions down to
the Patrologia latina. The rubrics of the collection
give important clues to the evolution and transformation
of the printed Panormia and, in turn, reveal the
corruption of the final product in Migne. Collation
demonstrates that the rubrics in Brant's edition are
partly authentic, partly derived from the corresponding
texts in Gratian. The rubrics in Vosmedian's edition
come, in turn, either from Brant or from the editor
himself. In the latter case, the:
are always rubrics
created for chapters not subsequently received by
Gratian.®
The Brant edition is the most authentic printed
version. The version in Migne is, in comparison, a
hybrid text based partly on the Vosmedian edition and
partly on new editorial creations. In Landau's
judgement, the Migne edition, the version exclusively
used in modern scholarship, must stand as a failed
attempt to created a new edition.® only the Brant
edition has any foundation in the manuscript
tradition." Unlike Vosmedian, Brant did not create new
rubrics for chapters not found in Gratian. He retained
the authentic and unique rubrics found in hie manuscript
of the Panormia.”
Analysis of the Prologue rubrics in the Brant
edition generally supports Landau's conclusions. The
five major rubricated divisions of the text are found in
15a significant number of manuscripts: de intentione
diuine pagine; de ammonicione; de indulgenica; de
preceptionibus et prohibitionibus; de diepensacione.”
Like the text of the Panormia itself, the remaining
rubrics in Brant's edition of the Prologue come from the
corresponding texts in Gratian. There are also two
instances where rubrics generally found in the
manuscripts are not given by Brant.”
The inscriptions to the Brant Prologue have only a
partial foundation in the manuscript tradition. Apart
from the citations from Augustine, the manuscripts
rarely give inscriptions.“ The letter from Cyril of
Alexandria to Ianuarius of Antioch poses a special
problem. While Brant takes his inscription from the
text's transmission by Gratian (C 1 q.7 ¢.7), the few
manuscripts that give an inscription designate the text
as a letter to Gennadius of Antioch.
vosmedian clearly took the majority of the
Prologue's rubrics and inscriptions from the Brandt
edition. He mentions Brant's work briefly in his
dedicatory letter to Phillip II, as well as a manuscript
he claims to have discovered after a diligent search of
the public and private libraries of London.’ In his
general letter to the reader, Vosmedian further states
that he restored a number of rubrics to the
collection.’* His creative activity is, however, limited
in the Prologue. The rubric given at the beginning of
16the section on episcopal translation, “episcopi alias
ecclesias mutati," appears neither in Brant nor in the
manuscripts, though many of the latter do transmit
similar rubrics. Once again the rubrics common to the
manuscript tradition are found in Vosmedian. The
inscriptions are also taken from Brant. In short, the
Prologue in the Vosmedian edition follows the Brandt
edition, thus agreeing with Landau‘s appraisal of the
collection itself.
Neither Brandt nor Vosmedian give clear information
about the manuscripts behind their editions. There is no
record of a Panormia manuscript available to Brant in
Basel; likewise there is no clear evidence of the
Panormia that Vosmedian might have seen in London.
Despite these difficulties, a comparison of the printed
editions with the Prologue tradition in the manuscripts
does give some clues about what types of manuscripts
Brant and Vosmedian may have had at hand.
Brant's manuscript is elusive. In the introductory
letter to the edition, Brant emphasizes the care taken
to provide a faithful text without corruption.” Apart
from the allusion to the single book apparently used for
‘the edition, we are given only the place and date of
publication.”
Collation of the Prologue in the Brant edition with
the manuscripts has revealed, however, some important,
if not conclusive, agreements with several extant
a7manuscripts. As will be subsequently shown, these
readings appear most frequently in the broad cluster of
glossed Prologues transmitted with the Panormia,
manuscripts generally of German or Austrian origins.
This information parallels the interesting similarities
between the appendix of additional chapters in the Brant
edition, a feature of all subsequent Panormia editions,
and an appendix of chapters at the conclusion of a
Salzburg manuscript, Archabtei st. Peter,
stiftsbibliothek a viii 15. This manuscript will be
shortly examined in some detail. While these agreenents
can only suggest Brant's potential manuscript models for
his edition, they nevertheless do point to a general
concurrence between the edition and these manuscripts.
In several instances, citations within the text have
been also completed, citations that are only fragmentary
in the more primitive text. while these might indicate a
possibly later version of the Prologue at work, it is
more likely that Brant himself intervened in the text by
completing the quotations.’*
The
mnuscript foundation of the Vosmedian edition
is equally obscure. Though he mentions his reliance on a
London manuscript in addition to the Brant edition--the
latter not cited by name-xit is difficult to determine
which Panormia manuscripts, if any, were present in
London in the mid-sixteenth century. The only Ivonian
collection definitely in London at that date was the
18Decretum acquired by John Leland from Lincoln cathedral
library following the dissolu’ion of the northern
religious houses and dispersion of ecclesiastical
libraries in the 1540s. This manuscript (now London, BL
Royal 11 D 7) appears already in the Westminster
inventory of 1542.” It provides, however, an improbable
model for an edition of the Panormia, and collation of
its Prologue has also revealed no sign of its presence
in Vosmedian's text.
One piece of evidence suggesting the type of
manuscript behind the Vosmedian edition occurs at the
conclusion of the Prologue. Here Vosmedian completes a
line which does not appear in the Brant edition, a line
likely omitted through homeoteleuton either in the
original manuscript model or during typsetting. The
phrase "que iudicium sanguinis contineant non ad hoc
inserte sunt" (572-573) appears in the margin of
Vosmedian's edition. This restores the sense of the
argument at this point, where Ivo cautions his audience
not to literally apply the precedents of secular,
capital punishment to ecclesiastical cases, but instead
to exploit them in order to explain or assert the canons
(assertionem canonicorum). Unfortunately, this omission
is limited to one manuscript in the tradition--vienna
ONB 2230--an independent transmission of the Prologu
This marginal addition can only suggest that Vosmedian
did in fact employ a manuscript along with the Brant
19edition.
‘The Printed Decretum Prologue
Johannnes Molineaus, newly appointed special
prof
jor of canon law at Louvain, edited the first
edition of the Decretum. The edition was published in
1561 by Bartholemew Gravius, printer for the university.
Molinaeus w:
apparently the first to recognize the
Pecretum as an authentic work of Ivo's.” His edition
was so influential that it helped to reverse scholarly
judgement of the collections. Thereafter the Decretum
became the authentic text, with the Panormia relegated
to the position of an inferior abbreviation.”
Unlike Brant and Vosmedian, Molinaeus provides a
fair amount of information about the manuscripts behind
his edition. The picture is complicated, however, by the
presence of multiple contemporary versions of his
introduction to the edition. Scholars have traditionally
labled the introduction ascribed to Molinaeus in the
Migne edition a forgery created by the Decretum's second
editor, Jean Fronteau.* This letter is, however, not a
forgery, but a contemporary--though probably slightly
later--introduction to the edition.
Though the introductory letters printed in the
edition and in Migne are both addressed to Bernard
Fresneda, the confessor to Phillip II, their similarity
20coal
there. The version found in Migne appears to be
the more common form of the two, and contains sone
features which may suggest a later date of
composition.” This version has little contact with the
edition that follows, presenting instead a lengthy,
rambling discourse on the dangers of heresy. There is no
sign of any personal contact between Molineaus and
Fresneda in this dedication.
In contrast, the version generally considered
authentic gives occasional clues as to the manuscripts
used in the edition, as well as clear indications of the
Fresneda's patronage of Molinaeus. Though the letter
still warns of heresy, Molinaeus also mentions two
manuscripts, one from Cologne, the other apparently fron
the royal library of Phillip IT. Fresneda had made the
latter available to the editor.”
‘The motives behind the second preface remain
unclear. Though the title page gives 1561 as the date of
publication, it also hints at a later date. Here Ivo is
called "beatus," a title suggesting perhaps a date after
his beatification by Pius V in December 1570. If this
second preface were composed in the 1570s, the
circumstances of Molinaeus' last years might explain the
necessity for a second, altered preface to the edition.
Molinaeus was a controversial figure throughout his
tenure at Louvain and, in the course of tine,
antagonized not only his colleagues, but also local
22royal and ecclesiastical officials. In the early 1570s
he carried his complaints to Rome, only to be ignored at
the curia. after publically criticizing the provincial
bishops, Molinaeus fell into complete disgrace and spent
the remainder of his life in a cloister in Louvain. He
died there insane in 1575.” Perhaps the second, more
impersonal preface reflects this fall from favor.”
Like Brant, Molinaeus considered his edition as
something more than legal antiquarianism. His preface
depicts the Decretum as a newly-recovered weapon for the
defense of the Catholic faith. The Decretum was also a
treasury of the faith (thesaurum totium ecclesiastica
@isciplinae). Now Ivo's true text could once more serve
the church.” at one point, Molinaeus even quotes the
Prologue in order to emphasize the importance of Ivo's
contribution to jurisprudence and the harmonization of
tradition.”
Despite the small number of extant Decretum
manuscripts--a clear indication of its limited
transmission--the manuscript sources of the edition
remain uncertain. In his recent analysis of the
collection's printed and manuscript traditions, Peter
Landau has observed that none of the surviving
manuscripts decisively agree with the Molinaeus edition,
nor do they give clues concerning the Cologne or Regius
manuscripts. To give one example, the chapter sequence
in the edition for book six differs from the
22manuscript:
1 At Book 6.223 Molinaeus also provides a
marginal comment, noting that here he has elected to
remain with the Cologne text: "In codice regio variat
erdo, sed nos a coloniensi non recessimus."* Despite
this comment and other marginal notes citing this
manuscript, it remains unidentified.” The surviving
manuscripts likewis
give little indication about the
form of the Regius manuscript. The original preface to
the edition describes a manuscript that lacks the
capitulatio (argumenta) and gives a lengthy marginal
gloss at 1.268. None of the extant manuscripts, either
of the complete Decretum or its abridged forms, have
these characteristics.”
Landau focuses his attention on the form of the
editions, attaching special importance to chapter
Sequences and additional chapters. He concludes that the
Cologne manuscript must stand closest to the two
surviving English manuscripts: Cambridge Corpus Christi
19 and London, BL Royal 11 D 7. These manuscripts also
contain the greatest number of additional chapters found
in the Molinaeus edition.”
It remains to be seen whether examination of the
Prologue can provide additional clues about the
manuscripts behind the Molinaeus edition. If, as Landau
contends, the Regius codex provided occasional marginal
readings in the edition, manuscripts with these readings
should point the way to the original model. In his
23analysis of the collection, Landau found only one
variant out of eight in a manuscript.” He did not
consider the Prologue.
Molinaeus gives five marginal variants in his
edition of the Prologue. Unfortunately, the frequency of
correspondence with the manuscripts is no better here
than in the collection. only one reading, “instituendos"
for “instruendos", is supported by the manuscripts. The
remaining readings either do not appear in the surviving
manuscripts or are relatively common in Panormia
Prologues.’” As for the collation of the Prologue text
in Molinaeus with the manuscripts, it has revealed no
decisive agreement.” Thus, the text and marginal
readings of the edition offer no clear evidence of the
manuscript background.
The rubrics of the Prologue, however, do furnish a
few clues about the manuscripts. If they do not clearly
show the definitive origins of the models, they at least
suggest their structure. The rubrics are divided into
four consecutive groups in the Decretum Prologue:
rubrics found in both vd (Vat. lat. 1357) and vt (vat.
Pal. lat. 288); rubrics transmitted only by vd; rubrics
found only in vt; and rubrics unique to the edition. It
should also be noted that all the Prologue rubrics in
the manuscripts are in hands contemporary with the text
hand. The rubrics are always found in the text of vt; in
va they are always given marginally.
24‘The first pair of rubrics gives major thenatic
divisions at the beginning of the Prologue. These are
also given in many of the manuscripts of the Panormia
Prologue, as well as in the printed editions (line
numbers are from the critical edition):
Molinaeus va ve
75 admonitio admonitio de induigencia
91 indulgencia indulgencia nota de
Aindulgencia
Next come the rubrics unique to vt among the Decretun
manuscripts:
Molinaeus ve
129 prohibitio mobilis mobilibus
137 in immobilibus in inmobilibus
145 in mobilibus in mobilibus
181 exemplum dispensationis de exenplum
euangelio dispensationis
de euangelio
188 de actibus apostolorun de actibus
apostolorum
223 de institutione patrum de institutione
patrun
366 in his personis decretun in his personis
temperatun decretum
temperatun
390 qui episcopi translati quod episcopi
translati
25424 qui restituti qui restituti
Several of these rubrics are unique to the entire
textual tradition: “exemplum dispensationis de
evangelio"; "de actibus apostolorum"; "in his personis
decretum temperatum."
Finally, two rubrics at the end of the Prologue are
apparently unique to the edition and, perhaps, its
manuscript models:
synodus synodum solvit"; "de
clericis ut qui se continere non possunt stipendia foris
accipiant." In both cases, the rubric merely repeats the
text at that point. The first is taken from the lengthy
excerpt from the decretal of John VIII, with the second
from the citation of the Libellus responsionum of
Gregory the Great.
The Prologue's rubrics suggest the form of
Molinaeus' models. If the Regius manuscript provided the
marginal readings, then it may have also given the
rubrics. Alternatively, the Cologne manuscript, as the
foundation of the text, may have contained them already.
In any case, the rubrics point to a common group of
manuscripts most closely related to vd and vt. This
analysis suggests as well that Vt may be somewhat closer
to Va than supposed by Landau.”* of the two, the text of
Vt's Prologue deviates the most from the common
tradition, thus confirming Landau's analysis of the
26manuscript based upon chapter sequences and additional
©
chapters.“ The sequence of the Prologue rubrics
suggests either the possibility of a model common to vd
and Vt, or, perhaps, a related manuscript that provided
these rubrics to Molinaeus. Here the English manuscripts
can be immediately exclude¢. for they give no rubrics in
their Prologues. The same is true for the Victorinus
Decretum, Pd, (Paris, BN lat. 14315), the companion
manuscript to vt in Landau's "French group."
Moreover, the Palatinus manuscript presents a chapter
sequence which follows the edition, thus complicating
the picture further.’? Thus, while no clear conclusions
can be drawn from analysis of the Prologue's manuscript
rubrics in light of the edition, it nevertheless can be
argued that the lost Regius manuscript could be related
to Vd and vt. The lack of manuscripts hinders further
analysis of this potential connection.
Molinaeus presents a relatively uncorrupt edition.
Though rubrics in the collection are occasionally
manipulated, added, or omitted--as in the Prologue's
concluding section'--he seems generally to have made
good the claim in his preface to print an authentic
text." Like Brandt, Molinaeus was a fairly
conscientious editor by the standards of the tines.
In 1647 Jean Fronteau, canon of St. Geneviave of
Paris, published his two-volume edition of Ivo's
complete works. The first volume contains the Decretum,
27supposedly re-edited in a new edition. In actuality,
Fronteau simply reprinted the Molinaeus edition with
only scattered alterations. Fronteau was soon to become
a controversial figure because of his conflict with the
previous editor of Ivo's letters, Souchet. on the basis
of Fronteau's presentation of the letters, Souchet would
accuse him of plaigarism. Scholars have also generally
considered Souchet to have been a silent contributor to
the edition of the Decretum in the Opera omnia, though
Landau has shown that this argument, first advanced by
Fournier, lacks concrete proof.'*
Fronteau omits the Panormia in his edition, a clear
indication of the success of Molinaeus' edition of the
Decretum. In addition to the common version of
Molinaeus' preface, Fronteau provides his own
introduction to the edition in the form of an elaborate
letter of dedication to Bishop Lescot of Chartres. He
gives no information about manuscripts or his editorial
method. It is only in his notes that we learn that the
victorinus manuscript and a patristic manuscript from St
Germain-des-Prés were used to "improve" the edition.
Landau judges these notes useless, pointing out as well
that they hardly cover all the changes Fronteau actually
made.“* Examination of the few notes on the Prologue
confirms this scepticism.
Fronteau introduces one reading into the Prologue.
At line 344 he gives a variant in the excerpt of the
28letter of cyril of Alexandria based, apparently, upon
the Greek text: autem] melius nunc, quia in graeco ..."
Other variant readings given by Fronteau are taken from
those listed by Molinaeus. Apart from these readings,
Fronteau presents the Prologue essentially unchanged
from the Molinaeus edition, thus weakening his claim in
the preface that the edition is an improvement over its
predecessor: "A gift that I feel you will not despise,
for it contains that in which you excell all others: the
highest erudition."”’ But Fronteau's edition is hardly
an improvement over the work of Molinaeus, whether in
the Prologue or in the Decretun.
Dom Gellé
Dissatisfied with previous editions, the
Benedictine scholar Jean Gellé undertook a new edition
of Ivo's collections at the beginning of the eighteenth
century. Unfortunately, the editions were never
completed, but the extensive preparatory dossiers he
compiled survive in two Parisian manuscripts, BN lat.
12317 and 12318. The extent of his notes and collations,
as well as the surviving correspondence with
contemporaries on the subject of Ivo's collections, pay
tributes to his energy and diligence.“* In the course of
his research he came across several manuscripts of the
Panormia which he collated against the Molinaeus
29edition. Unfortunately, he has little to say about the
Prologue.‘
The Prologue in the Ratrologia Latina
The Fronteau edition provided the foundation for
the version printed in volume 161 of the Patrologia
latina. Unlike Fronteau, the Patrologia includes both
the Decretum and the Panormia. The Prologue is, however,
divided between the two collections, for the text is
printed before the Decretum, while a table of rubrics
precedes the Panormia. These rubrics have been reprinted
from the Vosmedian edition. They are intended to
represent the Prologue as found with the Panormia and,
as a result, give a false picture of the tradition.
Though the editor informs the reader that the first
thirty-four rubrics, or capitula, correspond to the
Prologue before the Decretum, their presentation before
the Panormia ignores the separate tradition of rubrics
contained in the Prologues attached to the Decretun
preserved in the earlier editions.” The separation of
the rubrics and text may have been a consequence of the
continuing uncertainty over the authenticity of the two
collections. Thus, while Migne appropriated the
Prologue's text from Fronteau, its rubrics came from
Vosmedian, thus confusing the two traditions. Not all of
these rubrics are found as well in the Decretum
30tradition, nor are the unique rubrics of vd and vt found
in Migne.
Without exception, the version of the Prologue in
the Patrologia latina has been the text used in every
examination of Ivo's treatise. This is unfortunate, for
this edition presents a hybrid text, one that fails to
account for the diversity of both traditions. Neither
the earlier printed tradition behind nor the manuscripts
wholly justify this presentation. Fortunately, there are
few alterations in the Prologue text, most readily
explainable as typographical errors.‘! Nevertheless, we
do not encounter the most authentic, representative text
of the Prologue in Migne.
Some Conclusions
The printed editions of the Decretum and Panormia
are difficult to evaluate. Both traditions have similar
origins in the efforts of Renaissance jurists to recover
to recover an historic legal text for their readers. The
printed traditions of the collections passed through
intermediate stages to their final presentation in
Migne, and the descent of the Prologue text was clearly
shaped by the changing appreciation of the authenticity
of the two collection:
Neither printed tradition could claim an
unchallenged authority. The printed Prologue silently
31reflects this ongoing debate over the primacy and
authenticity of the Decretum and the Panormia, for the
Prologue was assigned to either collection without
comment. The text in Migne is the culmination--or
perhaps better put, the bilge--of this long, diverse
printed history. The Prologue in Migne is not incorrect,
at least in the sense of presenting a radically
different, or willfully corrupt version. Here one reads
a text more or less faithful to the tradition that
passed through Fronteau, a tradition that is linked to
‘the work of Molinaeus and the Victorinus Decretum. The
edition is, however, a failure precisely because it
fails both to capture an earlier form of the text and to
indicate the diversity of the textual tradition. None of
the editions, least of all the one in Migne, begins to
reveal the tradition that found such a wide audience in
the twelfth century. To encounter the Prologue and
understand its flexible tradition, we must go beyond the
editions to the manuscripts, not because the editions
are wildly corrupt but because they are inadequat.
The Prologue and the Editions of Ivo's Letters
While the manuscript transmission of the Prologue
among Ivo's letters will be discussed more fully below
in the chapter on the text's influence outside of canon
law, it is appropriate to consider here briefly its
32complicated printed history text among the various
editions of the letters. Ivo's letters were the last of
his works to be printed. The first edition of the
letters was composed by Frangois Juret in 1585, almost a
century after the Brant edition of the Panormia. Despite
the lateness of this date, it is evident that the letter
collection was not unknown to sixteenth-century
scholarship. At least two paper manuscripts of the
letters can be dated to the sixteenth century,
manuscripts that also include the Prologue in the
collection.” These exemplars indicate at least some
contemporary interest in the letters and, by extension,
in the Prologue.
Contemporaries praised Francois Juret (1553-1626)
as a careful, thorough editor. In addition to his
edition of Ivo's letters--revised in 1609--Juret also
edited and commented upon the works of Synmacus and
Cassiodorus.” The dedication of the first edition of
the letters is to his famous contemporary Pithou, with
whom he was apparently well acquainted.“ This close
association caused at least two scholars to ascribe the
edition to Pithou.**
Juret's notes to his edition give little insight
into his editorial method or the types of manuscripts
utilized. Though there is no reference to a manuscript
in his preface to the second edition, he does claim to
have collated many exemplars in order to improve upon
33his first edition.” He also lists the sources of his
models, including St. Victor and st. Germain-des-Prés,
as well as the private collections of Putaneus and
Labbeus.* The presence of marginal readings printed in
the edition supports his claim to have collated several
exemplars.
Juret includes the Prologue at the conclusion of
the letters. He does not comment on the text in his
notes. It is therefore unclear whether the text was
added from another formal source or whether a manuscript
of the letters transmitted the Prologue at the end of
the collection. The Prologue is entitled "Prologus in
Decretum" and is intact. The text is also furnished with
several rubrics, of which two are apparently unique to
the tradition.* Juret has also provided numerous
marginal notes that cross-reference the Prologue with
Ivo's letters and Gratian's Decretum. It appears that
at least two manuscripts were used for these variants,
for they are designated either al. or yc. Apart from
occasional transpositions in word order, the text
consistently follows the version of the most common
transmission with the Panormia.” The marginal
readings--like the text--cannot be traced at present to
a specific manuscript or group." Finally, there is no
evidence of any epistolary features in the Prologue
text, for it lacks all the constituant parts of the
medieval letter such as the salutatio.
34The Prologue does not appear in subsequent editions
of the letters. In the edition prepared by Souchet--the
edition appropriated by Fronteau for his Opera omnia--
the text is omitted without comment.” This edition
passed without alteration into Migne. Neither Migne nor
the later translation of the letters provided by Lucien
Merlet discuss the Prologue printed by Juretus.”
The critical study of the letter collection began
in the late nineteenth century. The Sackur edition of
the letters concerning investiture marked the first
attempt to analyze the complex manuscript tradition,
especially of those letters that served the further
purpose of providing texts and arguments to the polemics
of the Investiture Contest.” subsequent scholars such
as Dom F.S. Schmitt also brought unknown letters to
light. Nevertheless, the transmission of the Prologue
among the letters was not considered.
It was not until the partial edition of the letters
composed by Jean Leclercq that the Prologue's
transmission among the letters began to be considered.
‘The edition, the first attempt to provide a modern
critical version of the tradition, was a landmark in
Ivonian studies. The edition is, however, severely
limited, not only because it remains incomplete, but
also because it is based upon a relatively narrow
selection of manuscripts." Leclercq also does not
consider the specific transmission of the Prologue in
35the Juret edition. our later examination of the
Prologue's circulation among the letters will be an new
attempt to address some of these issues,
The Prologue and the Letters of Hildebert of Lavardin
‘The Prologue also appears in the printed works of
Ivo's contemporary, Hildebert of Lavardin. In the
Patrologia latina, it is designated letter 53 in the
second section of Hildebert's letters. (PL 171.278-84).
Here the editor has reproduced the edition composed by
the Maurist scholar Beaugendre at the beginning of the
eighteenth century.”
While Ivo was recognized as an outstanding canonist
by his contemporaries--including Hildebert, who sent him
a number of letters on various legal matters”--
Hildebert's fame rested instead on his extensive letter
collection. His letters were considered a model of style
and their influence lasted throughout the twelfth
century.
only once does Hildebert betray an apparent
interest in canon law. In a letter of 1119, he refers in
passing to a still uncompleted canonical collection,
“exceptiones autem decretorum." The phrase instantly
brings Ivo's Prologue to mind, and has been suggested as
the justification for Beaugendre's inclusion of the text
in his edition.” The letter also caught the attention
36of August Theiner, who argued that the collection might
be the Collection in Ten Parts. He presented several
persuasive circumstantial arguments to argue the case.”
‘These arguments have failed to convince subsequent
scholars.” Certainly the Prologue found in the
Beaugendre edition does not agree with the version found
transmitted with the Collection in Ten Parts.” It can
only be said with some degree of certainty that
Hildebert's knowledge of the canons--as shown in his
letters--was almost wholly derived from Ivo, whether or
not it was ever separately compiled in a canonical
collection.”
Despite the presence of the Prologue in the
Beaugendre edition, there has been little study of the
text itself, which significantly differs from other
versions. Scholars have been content to criticize the
edition, including its inclusion of the Prologue.” This
criticism is typified by the remarks of Manitius, who
refers to the edition as the product of an impossible
editorial method.”*
Despite the consistant criticism of the edition,
examination of the extensive manuscript tradition of
Hildebert's letters does indeed provide support for
Beaugendre's decision to include the Prologue. although
he fails to give specific information about his
manuscripts, Beaugendre does emphasize that he has
published both printed and original materials in his
37work.”’ The research of Peter von Moos, the principal
modern scholar of Hildebert's works, has not only
uncovered many examples where Ivo's letters have been
transmitted in tandem with Hildebert's,” but also a
broad class of manuscripts where the Prologue is
regularly found among the letters. Von Moos designates
this group "o" in his classification of the
manuscripts.” Thus, there were models available for the
version printed by Beaugendre.”
Analysis of Prologue in the Beaugendre version
reveals its general agreement with at least one
manuscript from the "0" class: Paris BN lat. 2903. The
anuscript is well known to students of medieval
epistolography, for, in addition to Hildebert's letters,
it contains the letters of Meinhard of Bamberg, which
were analyzed in a classic study by Carl Erdmann.” As
for the Prologue, it concludes the manuscript on fol.
7er-81v. The text agrees closely with the version given
by Beaugendre, including its incomplete form. The text
gives lese than half of the normal version.” In
addition to the omitted material, other readings support
this fundamental agreement.
Sowe Conclusions on the Prologue's Printed History
The Prologue's diverse printed history reflects the
popularity and flexiblity of the treatise. The reader of
38the version in the Patrologia latina is encountering
only one branch of a complicated tradition. By virtue of
its transmission with three separate Ivonian texts, the
twin canonical collections and the letters, the Prologue
came down to modern readers through a variety of
channels. The separate presentation among the letters of
Hildebert of Lavardin only complicates this rich, but
confusing, text-history. Only the manuscripts will help
us to get beyond this confusion.
Rditorial Method
Introduction
A textual critic enganged upon his business is not
at all like Newton investigating the motions of the
planetg; he is much more like a dog hunting for
fleas.
This terse, ironic comment by A-E. Housman provides
much needed caution to the editor of medieval texts.
While the classical stemmatic method is founded upon the
premise that rational, scientific analysis can unlock a
textual tradition, great editors like Housman have
always recognized the limitations of theory. Editing
depends upon art, not machinery. Texts are products of
human genius and frailty, and a manuscript tradition is
frequently shaped by both qualities in good measure.
39‘The descent of a text lies beyond the "laws" common to
science and mathematics, for it is absolutely
inseparable from the human element. Only an editorial
method sensitive to the flexibility, capriciousness, and
occasional irrationality of textual transmission can
satisfy Housman's word of caution.
Housman's words are particularly appropriate for
the editor of medieval legal texts. Texts such as the
Pecketum and the Panormia--along with the Prologue--were
living, practical documents which today demand an
equally flexible editorial approach.” To understand a
text like the Prologue is to respect the complexities of
its transmission. An edition concerned only with the
discovery of the earliest, "pure", version, would at
best isolate only a single branch of a rich tradition.
At worst, such an edition could present a text that its
audience never knew." All editions are compromises with
tradition, and all--excepting perhaps editions from an
autograph manuscript--introduce error and artificiality
into the document. Given this dilemma, it seems best in
editing the Prologue to err on the side of complexity,
to preserve as much as possible of the tradition of the
text within the confines of a critical form.
The tension between text and reception lies at the
heart of the Prologue's complex descent. The size and
diversity of the text's transmission demonstrate its
success. The sheer number of manuscripts makes it
40impossible for the editor to narrow the tradition
quickly down to a few, convenient, early witnesses.
Recognizing this problem, this edition is based on a
wide selection of the manuscripts. still, not all
manuscripts have been examined and consequently some
branches of the Prologue's reception may have been
overlooked. There are also problems and ambiguities
inherent in the proc
of editing a text whose
principal transmission was attached to other works.
Until the complex, extensive traditions of the Decretun,
the Panormia, and Ivo's letters have been established,
any edition of the Prologue must be considered
tentative. Despite these restrictions, this edition of
the Prologue has attempted to isolate and follow the
trail of common variants within a broad selection of the
extant witnesses, despite the allure of a diplomatic
edition based on a single, early witness, a solution
admittedly attractive in the face of the complex
tradition.”
‘The main features of the textual tradition may be
briefly summarized. collation revealed an important
break in the tradition of the Prologue with the Panornia
at the conclusion of the text (line 581). Ina
significant number of manuscripts from separate regions,
the final three lines of the Prologue are missing. These
lines refer to the capitulatio of a collection. This
variant, along with others, helped to isolate a branch
41of the tradition which I believe contains the earliest
recoverable form of the text's transmission as a
prologue. This version,
found in Paris, BN lat. 10742
(Pt), provides the foundation for the edition.
In addition to this early group of Panormia
Prologues, a Liége manuscript, UB 230 (Ly), transmits an
independent version of the text which lacks both the
introduction and conclusion common to the majority of
the manuscripts in all forms of transmission, thus
omitting all the sections that transform it into a
Prologue. This manuscript may contain the earliest
version of the Prologue, a version that has apparently
survived only in this manuscript. Ly cannot serve as the
basis of the edition, but its readings have been
preserved in the apparatus.
In all other instances of the text's transmission,
whether attached to the canonical collections or
independently transmitted among the letters or as a
separate treatise, the Prologue has clearly been derived
from its transmission with the Panormia. The text is
almost universally found in a complete form largely
similar to that given throughout the printed tradition.
The challenge of initially selecting and examining
the extant manuscripts confronts every editor. Along
with the challenge of examinatio comes the task of
evaluation: xecensio. It is useful to consider this
editorial process in two phases: the initial selection
42and examination based largely on external criteria; and
‘the subsequent analysis of the variants produced by
examination and collation, in short, the internal
criteria.” The Prologue's vast tradition greatly
complicates these tasks. From the outset, the number and
geographic spread of manuscripts suggested the
advisability of multiple base manuscripts for the
initial collations. Here was an intial approach to the
tradition from external criteria, one providing not only
an array of manuscripts to be initially examined and
collated but also a way of avoiding the "tyranny of the
copy text", where a single manuscript used for initial
collation gains importance over time to the exclusion of
alternative readings in other witnesses.”
The geographical spread of the manuscripts provided
another significant piece of external evidence in the
tradition. special attention was paid to manuscripts
with origins outside of northern France, preferably from
distant regions. Examination of manuscripts from
peripheral areas hoped to identify witnesses which might
contain earlier readings," despite the apparently rapid
@iffusion of the Prologue throughout Europe in the first
half of the twelfth century.” It will be shown below
that this method of external analysis helped to isolate
the earliest version of the Prologue transmitted with
the Panormia.
In addition to the external criteria mentioned
43above, other considerations also governed the selection
of the base manuscripts for collation. The Victorinus
manuscript (Pd) provided the base for collation of the
Prologues transmitted with the Decretum and its abridged
or derivative versions. Three manuscripts of the
Prologue with the Panormia were selected for initial
collation of this large cl: Ma (Munich, Clm 28223);
sa (Sankt Paul im Lavanthal, stiftsbiblothek Cod. 22/1);
vs (Vatican, Archivio San Pietro G 19). All three
Panormia Prologues were chosen because of their origins,
with Ma and Vs clearly not copied in France.
Additionally, Ma and Vs were selected becaus> their
Panormia end at 8.134, matching Fournier's designation
of the collections rrimitive version.” Collation of
the Prologue has since demonstrated that this
classification remains useful but no longer normative.
Sa was also chosen on the basis of a recent analysis of
the manuscript which dated it to the early twelfth
century.” Analysis of selected sections in the Panormia
itself also supplemented this work on the transmission
of the Prologue with this collection.”
The scope of the Prologue's tradition ccuplicates
the evaluation of the variants themselves--the
examination from internal criteria. The number of
nanuscripts--as well as the density and compression of
their tradition into a relatively short period of time--
has undoubtedly given many opportunities for
44contamination.” Even when contamination is not at work,
the task of selecting and interpreting variant readings
is not easy. There is often tension between internal and
external evidence within a manuscript tradition, and an
accompanying polarity within the internal criteria
employed to evaluate variant readings. Some of the
conflicting claims are obvious: the problem of extrenely
corrupt readings in early manuscripts or, conversely,
readings faithful to the author's style in later
witnesses. There are also conflicting demands within the
canons of internal evidence, for even the time-honored
maxims of lectio difficilior potior or lectio brevior
praeferenda may not prove reliable guides when
evaluating variants. While shorter or more difficult
readings may frequently prove to come from an earlier
stage in the tradition, they may also sometimes be
products of scribal intervention at a later date. This
complication is particularly appropriate to the question
of the omitted sections of the Prologue in the
manuscripts discussed below. Finally, even a lengthy,
conventional reading may in fact be the original.” The
complexities of a diverse manuscript tradition overwhelm
the maxims of textual criticism.
An additional obstacle to the evaluation of
variants within the tradition is the overlapping of
readings among several manuscript clusters. In the
prolegomena to his edition of the Collection in 74
45Titles, John Gilchrist admits that key variants are all
too often not neatly confined to a single manuscript
class:
In a text located in seventeen manuscripts, it
would be strange indeed if sone apparently
"significant" variants did not occur common to
manuscripts of different families or groups--but to
disturb a firmly based relationship between two or
more manuscripts for the sake of a few difficult
variants seems to me--unless the new relationship
solves more problems--to aim a perfection
impossible to attain in the present state of the
manuscripts of 747.
What was valid for Gilchrist's edition of a text in
seventeen manuscripts is clearly applicable to the vast
Prologue tradition. The compression of the main
transmission into a short period of time--almost all
manuscripts date from the first three quarters of the
twelfth century--leaves the editor with a mass of
competing contemporaneous readings, variants frequently
shared among several manuscript groups.” Thus, some
“difficult variants" do remain in this edition, variants
that frequently prevent a more discrete separation of
manuscript clusters. It is chiefly for this reason that
sigla are not employed in the apparatus criticus to
denote clusters of manuscripts in agreement.
Examination from internal criteria seeks the
eventual isolation of crucial, significant variants from
which the descent of the text may be inferred. It is a
46fundamental assumption of recension that certain
variants are discriminators that can group and divide
manuscript clusters horizontally and indicate the
descent of the text. There is no set rule for the
determination of a significant reading, save that it
should not be easily reproducable through simple
mechanical error.” In the Prologue there are several
main types of significant readings--some breaks in the
tradition: major omissions or transpositions in the
text; differences among the rubrics; the transmission of
glosses with the text. Additionally, other variants such
as minor transpositions of word order or peculiarities
in orthography have proven useful when the sheer weight
of their agreement has linked two manuscripts already
paired on the basis of more significant readings. A good
example of this is the close relationship of Sa and v1
(Vat. lat. 1360), where both manuscripts agree even in
ninor points of spelling, including proper names:
Nevertheless, the general stability of the Prologue text
has made the few truly significant variants quite clear;
the resolution of affinities within the major manuscript
clusters has, however, often come from the combination
of both significant and non-significant readings. For
this reason, no reading was excluded from consideration
during the initial evaluation of the manuscripts.”
A special problem is posed by the presence of
marginal or interlinear readings in a number of
47manuscripts. In some cases it appears that these
indicate contamination from a second exemplar, for
example in the borrowing of glosses by manuscripts whose
Prologue text does not generally accord with the text
common to the majority of glossed manuscripts. Vl is a
good example of this. Like the general problem with the
evaluation of readings in the text itself, the analysis
of marginal variants or alternative readings is
difficult. Contamination is not the only possible origin
of these readings, for they may have been already
present in the exemplar. This was typical of popular
texts throughout the Middle Ages.”
It is also a maxim of textual criticism that
recension and emendation must be made from an intimate
knowledge of the text and, if possible, its author's
style. Familiarity with subject and style count more
than the canons of criticism.” analysis of the sources
in the Prologue provides a good test for the evaluation
of variants on the basis of these criteria, especially
the question of subject material.
In the Prologue Ivo has fashioned many layers of
text, a web of citations and allusions to authorities
bound together by his own commentary. The selection and
presentation of the sources in the text provide insight
into both Ivo's style and his knowledge of the subject.
Apart from the variants in those passages that cone
directly from Ivo, the citations themselves offer
48significant variants. Nevertheless it is difficult to
decide how these should be evaluated.
Some recent editions of canonical collections-~
notably Gilchrist's edition of the Collection in 74
Titles--have employed a comparison of the variants in
the manuscript tradition with their transmission in the
most likely formal source.” This analysis on the basis
of comparison with formal sources in fact is the
foundation of Gilchrist's editorial method. It is,
however, a method of limited utility in the analysis of
canonical texts. Evaluation on the basis of formal
sources alone could only be made when the text history
of the source is complete. None of the classical
canonical collections are presently anyvhere near this
state. Not even the Collection in 74 Titles is
exhaustively presented in Gilchrist's edition, for a
further, significant branch of the tradition has since
come to light.” With the influential Pseudo-Isidorian
collections, a crucial source of the Collection in 74
Titles, we are even further away from an adequate,
critical picture of their transmission and reception,
particularly in their regional or local forms. Clearly
the outdated edition of Hinschius does not provide an
adequate foundation for the evaluation of variants on
the basis of comparison of later texts with Pseudo-
Isidore.
‘There are additional problems confronting this
49method. Compilations arise from the scribal practice of
subsequently correcting or improving citations through
comparisons with other exemplars of the source:
“a
dilemma acknowledged by Gilchrist. Moreover, unless
they are nonsense, readings divergent from the critical
editions of formal sources do not necessarily indicate a
corrupt text, even when they are confined to a minority
of the manuscripts. It is just as plausible that an
author may have used an alternative version of the
source, now perhaps lost, which later scribes emended.
Thus, the selection of a reading more congruent with the
formal source would instead further compound the
intervention in the tradition begun by the scribe.
Thus, while comparisons with formal sources may indeed
prove occasionally useful, particularly when there are
large numbers of variants or truly decisive agreements
or disagreements in the tradition, they cannot presently
furnish an absolutely reliable foundation for an
editorial method. This technique has accordingly played
no role in the
ection of manuscripts and readings in
this edition.
In conclusion, there are several assumptions behind
the editorial method in this edition. First, it is
assumed that manuscripts sharing significant variants
are somehow related. Second, there is clear
contamination of the tradition at several points, and it
is therefore likely that the main body of the Prologue's
50tradition was thus occasionally modified or "improved"
by scribal intervention, particularly in its sources.
Finally, many of the manuscript groupings can only be
loosely distinguished, especially within the broad,
common text found in the majority of the manuscripts.
Some Conclusions
Behind the precise canons of textual criticism and
the branches of a stemma codicum lie fundamentally
subjective decisions. If modern editors are perhaps less
Prone to wild emendation than those of the early modern
period, they still remain no less restricted by the
frequently capricious behavior of their manuscripts,
which often provide too many decisive readings or none
at all. The "true" text cannot be recoverable from the
extant manuscripts, but they are all the editor has. at
best, one can only lay bare the probable outlines of a
complex tradition. This is the goal, and the limitation,
of this edition. Despite the limitations of method and
evidence, this edition has sought an authentic version
of Ivo's text. What now remains is a summary of how this
text was unearthed from the manuscript tradition.
‘The Earliest Forms of the Text
This section reappraises the traditional view
51considering the Prologue as merely the introduction for
one of the canonical collections. I will examine two
interrelated aspects of the complex manuscript
tradition. First, I will argue that the Prologue was a
treatise composed and circulated prior to the
compilation of the Decretum and Panormia. Second, I will
examine a family of manuscripts that may represent an
early stage of the text's transmission as a prologue to
the Panormia. This version also supports Fournier's
contention that the Prologue belonged first to the
Panormia. These twin aspects of the Prologue's tradition
should help to lay the foundation for a critical
examination of this landmark text in the evolution of
medieval canon law.
At the outset it should be noted that there seems
to be little doubt concerning the Prologue's
authenticity. Its language and sources echo throughout
Ivo's correspondence.” Moreover, medieval writers
clearly considered Ivo to be its author, as seen in the
compilers' prologues to Panormia-derivative collections
such as the Collection in 10 Parts." While a later
audience might be uncertain about the origins of the
Panormia,™ the Prologue's author was never in doubt.
To date, the Prologue's extensive manuscript
tradition has not been assessed. It survives today in
over 170 manuscripts. These transmit Ivo's text not only
in its usual form preceding the Decretum and Panormia
52but also among his letters, or attached to other
canonical collections, or occasionally as an independent
treatise. The extent and diversity of its transmission
demonstrate the Prologue's versatility, which
undoubtedly contributed to its continuing popularity,
even after Gratian's Decretum had begun to supplant the
Ivonian collections."
While the Prologue's influence on the evolution of
canonical jurisprudence in the twelfth century is
unquestioned, its origins remain obscure. central to
the modern position on the text's composition and
purpose is the debate almost a century ago between Paul
Fournier and his Austrian counterpart, Franz
Bliemetzrieder. Fournier concluded that the Prologue
originally introduced the Panormia, basing his position
on the systematic structure of the text and its
reference to the subsequent divisions of a canonical
collection.“ In his polemical monograph of 1917, Zu_den
Schriften Ives von Chartres," Franz Bliemetzrieder
argued against Fournier, stating that the text was
originally the introduction to the Decretum. To
Bliemetzrieder, the Prologue belonged to the Decretum by
virtue of the larger collection's primacy over the
Panormia. He also perceived a thematic link between the
sources of law in the Prologue and the composition of
the Decretum.* Neither scholar subsequently modified
his view."
53Scholars have for the most part carefully skirted
the issue of the Prologue's origins and purpose, either
siding with Fournier’
conclusions or leaving the issue
open." yet neither Fournier nor Bliemetzrieder
investigated its origins by examining its manuscript
tradition, though both extensively discussed manuscripts
of the collections.”* as will be shown below, the
manuscripts do indeed confirm Fournier's conclusion;
they also circumvent the debate entirely. The
manuscripts indicate that the text was likely composed
prior to the collections, and was transformed into a
prologue with the compilation of the Panormia.
I. The Earliest Form of the Text
Ivo's Prologue is noticeably different from earlier
introductions to canonical collections.From the earliest
collections, most prologues had either taken the form of
dedicatory letters or provided brief synopses of the
structure and purpose of the collection they introduced.
In both cases, the prologue proclaimed the compiler's
debt to tradition and advertized his useful arrangement
of authoritative texts in the new compilation.’” While
at first glance Ivo's Prologue apparently shares some
features with these earlier prefaces--notably the review
of sources, the concern for the reader's benefit, and
the continuity with a subsequent collection at the end--
54its very length suggests that it originated as an
independent treatise rather than a specific introduction
to either the Decretum or the Panormia.“* This
alternative to the earlier debate over the text!
origins was recently suggested by Peter Landau.”
It is striking that the Prologue's specific
references to a subsequent canonical collection are both
brief and limited to passages at the opening and
conclusion. Three sections transform this work into a
prologue. The opening passage that extends through the
citation from Psalm 24.10 clearly provides an
introduction to a compilation.” secondly, an
explanation towards the end of the Prologue defending
the insertion of secular law seems also to refer to a
collection.” Thirdly, the conclusion to the Prologue
immediately following this defense provides transition
to a capitulatio outlining a canonical collection.”
Apart from these sections, there are no further,
internal indications that the text was composed as a
preface. Without these transformative sections, the text
ceases to be a prologue. What remains is a treatise on
Jurisprudence, a treatise that establishes the
categories and limits of canon law and examines the
dimensions of dispensation as the action of caritas in
law.
Thus, a manuscript transmitting the Prologue as an
independent treatise without these three transformative
55sections could indicate the primitive form of the text.
While a number of manuscripts do circulate the text by
itself, most transmit the text with all three sections
intact. In one manuscript, however, the Prologue does
indeed lack these crucial passages, thus presenting what
I believe to be its original state: Liage, Bibliothéque
de l'Université 230 (Ly).
‘The Liage manuscript containing the independent
Prologue in this distinctive came to light through the
research of Robert Kretzschmar on the Liber de
nisericordia et iustitia of Alger of Ligge. as part of
his analysis of the potential influence of Ivo on Alger,
Kretzschmar discovered Ly, a manuscript that could be
dated to the early twelfth century which, in addition to
several polemical works, also transmitted a previously
unidentified version of the Prologue.” He did not,
however, examine the manuscript in detail, nor did he
evaluate the text in Ly in light of other manuscripts of
Ivo's Prologue.
The Lidge manuscript provides a significant witness
to the Prologue's early history. Ly contains 142 folia,
with the Prologue at its conclusion on fol. 140ra~
l42vb. It belonged to the abbey of St. Trond in the
Aiocesis of Lidge before its acquisition by the
university library, though it is not certain that it was
written there. The Prologue is written in a single
hand; a second, contemporary hand having corrected the
56text at several points.” The script supports
Kretzschmar's suggestion that the manuscript could be
dated to the first quarter of the twelfth century.” The
text is neither decorated nor rubricated, and has only a
sigle crude paraf and scattered capital initials to
divide the text. There are no marginalia or glosses.
Besides its omission of the transformative
ections, Ly offers a number of interesting variant
readings." The variants indicate a distinct--though not
radically divergent--recension of the text. As the
readings below indicate, Ly is itself probably a
secondary or tertiary copy of an even earlier form:
42 his) omnibus add. Ly
106 peccat} ait add. Ly
152 indulgentie] uenie Ly
186 reddit] eis add. Ly
427 orthodoxorum] catholicorum Ly
In these readings the text appears derivative, sometimes
simplified, sometimes augmented through the addition of
explanatory words. It is not improbable that several of
these are products of the intrusion of interlinear
explanatory or suppletive glosses from the archetype,
for these readings are unique to Ly.” Despite the
probable intrusion imposed by intervening copies between
Ly and an earlier form, I would argue that Ly likely
57transmits the primitive form of Ivo's text. Ly also
appears to be unique.” Kretzschmar's discovery oy the
Lidge manuscript has not: only added a new witness to the
flourishing study of canon law in the region during the
Investiture Contest™ but also has provided the first
evidence from the manuscripts that Ivo's text originated
6 a treatise on jurisprudence, not as a prologue.
IZ. The Earliest Form of the Text as Prologue
While the complete omission of the three
transformative sections appears to be unique to Ly, a
number of manuscripts lack the conclusion that provides
transition to a capitulatio: "Deinceps singularum
parcium tocius uoluminis intencionem breuiter
perstringemus, ut hinc prudens lector aduertat, quid in
unaquacue parte sibi necessarium quere debeat."** The
omission appears to be a key feature which, along with
other readings, could isolate an earlier stage in the
text's transmission.”
Panormia Prologues
‘The omission of the transition to the capitulatio
enables the isolation of a number of manuscripts. While
most of these transmit the Prologue with the Panormia,
several circulate the text in this form among Ivo's
58letters. The Prologues with the Panormia will be
examined first, as it is likely that the transmission of
this form among the letters originated in a Prologue
detached from this collection. The Panormia Prologues
include:
Admont, Stiftsbibliothek 257 (Ad) (S. Germany, s. XIT
mid.)
London, BL Royal 7 B v (Lb) (England, s. XII™-XIII"
London, BL Egerton 749 (Lj) (England, s. xII**)
oxford, Jesus 26 (0j) (Cirencester, s. XII mid.)
oxford, Jesus 50 (Ok) (England, s. XII mid.)
Pari:
BN lat. 2472 (Pq) (N. France, s. XIT mid.)
Paris, BN lat. 3869A (Ps) (N. France, s. XII mid.)
Paris, BN lat. 10742 (Pt) (N. Franc XII mid.)
Salzburg, Archabtei St. Peter, Stiftsbibliothek a. viii
15 (Sz) (S. Germany, s. XIT mid.)
Vendome, BM 160 (Vm) (N. France, s. XII*~*)**
Despite occasional contamination in some manuscripts
through correction against manuscripts outside this
group, the Prologues in this family consistently agree,
not only in their omission of the conclusion but also in
other features. These manuscripts suggest an early form
of the text, thus supporting Fournier's argument for the
Prologue's primacy with the Panormia. Their geographic
spread also demonstrates that the omission of the
conclusion was not a
ndom event but instead a feature
59of a distinct class of manuscripts. This diffusion, in
regions as widely separated as England and Austria, also
argues for this shorter form as a more primitive version
of the text.”
‘This version was originally identified through
analysis of Ad. Its omission of the conclusion, along
with other significant variant readings, helped to
isolate related manuscripts. Their frequent agreement
with the version in Sebastian Brant's editio princeps of
the Panormia against the text in Migne is also striking,
though Brant does include the concluding section of the
Prologue (reference is to the columns in Migne):
Title: Incipit--contentarum] Lb Lj 0j ok Ps Pt (Brant)
om. Ad Sz
48D ipsis] inuicem Ad Lb Lj 0j Ok Pq Ps Pt Sz ipsis
inuicem Sz” (Brant)
51D sit cedendum] cedendum est Ad Lb Lj Ok Pq Ps Pt sz*
(Brant) cedendum sit sz*
51D Paulus} apostolus (all manuscripts, including Brant)
53B populorum) plurimorum (all manuscripts, including
Brant)
55¢ romane--episcopus] romanus antistes Ad Lb Lj Ok Pq
Ps Pt Sz (Brant) romane ciuitatis antistes 0j vm
57A statuta] instituta ad 0j Sz vm constituta Lb Lj ok
Pq Ps Pt (Brant)
57C et'--celo] et cetera Ad Pq Ps Pt Sz (Brant) om. Lb
60Lj 0k
60A hec--debeat} set hec hactenus om. Ad Lb Ly 0j ok
Pa" Ps Pt om. Sz vm
Explicit prologus add. Brant
Given the wide range of Brant's contacts, he may have
been influenced by a manuscript similar to the Salzburg
manuscript, though this is conjecture.” The rubrics to
these Prologues also indicate both additional points of
agreement and occasional instances of contamination.”
Ad and Sz are particularly congruent. Both
Prologues were originally unrubricated, though a
slightly later hand has subsequently added the marginal
rubrics in the Admont manuscript.” A distinctive
feature of both manuscripts is their unusual placement
ef the Prologue following the capitulatio of the
Panormia.** Ad is written in an upright, clear southern
German hand of second half of the twelfth century. Its
medieval origin is uncertain, though it may have been
copied in the scriptorium of Admont." The Panormia
concludes at 8.134, followed by a single additional
text." a brief appendix of texts concludes the
manuscript.™? In addition to the Prologue and the
Panormia, the manuscript is rich in other legal texts,
including a partial version of the Collection in 74
Titles on fol. 72r-87r.* Finally, Ad also transmits
Ivo's letters on fol. 121v-219v. The manuscript thus
61provided its reader with a very useful canonical source
book.
Like Ad, Sz is written in a south German hand of
the second half of the twelfth century. Its medieval
origin is also undetermined, though Salzburg certainly
cannot be excluded, despite the omission of Sz in any of
the extant booklists.* The Panormia concludes with
8.134. An extensive appendix follows the collection on
fol. 114r-11er. While a number of Panormia, including
Ad, tranmsit appendices of canonical texts,’ the
sequence of canons in Sz agrees closely with the
appendix in the Brant edition.
The Prologues in Ad-Sz also share important
features. Besides the readings noted above and their
unusual presentation of the Prologue after the
gapitulatio, the manuscripts share other distinctive
variants.”
While a second hand has corrected Sz against
another manuscript at several points, it is clear that
both manuscripts are closely related, perhaps linked by
@ common archetype.
While there is no decisive evidence for sz's
origins, its close agreement with Ad argues for a
connection with the Salzburg archdiocesis. The
connection between Ad and Sz reflects the ongoing
interest in canon law that accompanied reform at
Salzburg during the first half of the twelfth century.
A keystone of this reform was the establishment ofAdmont ,***
which rapidly developed into a leading center
of piety and scholarship.” During the long tenure of
abbot Gottfried I (1138-1165), Admont was at the center
of intellectual life in the region.*”
In his recent study of the earliest legal
scholarship in upper Austria, Winfried stelzer has
called attention to the importance of canonical studies
at the newly reformed cloisters such as Admont. This
interest in canon law can be directly traced to the
influence of the French schools. an outstanding
example of this influence is the Collectio Admontensis,
a hetereogenous collection preserved in two recensions
in two Admont manuscripts: Cod. 43 (fol. 198r-236v) and
Cod. (fol. 1ra-20ra). The Collectio Adnontensis is a
diverse compilation, including not only civil 1a
material drawn from the southern French Exceptiones
Petri and the Tibinger Rechtsbuch, but also a detached
version of Tripartita B."” In the B recension (Cod. 48),
two of the last three chapters are also cross-referenced
with Gratian. Stelzer considers this parallel
utilization of the Tripartita with Gratian to be
evidence of Ivo's continuing influence during the period
of the Decretun's reception.“*
The Prologue and Panormia in Ad further illustrate
this diverse interest in canon law at Admont in the mid-
twelfth century. Though the picture is somewhat
complicated by the manuscript
uncertain origins, this
63is a qualification that applies equally well to many of
the French canonical works examined by Stelzer, who
generally leaves open the question of their origins.'*
Clearly there were close ties between Admont and the
cathedral at Salzburg, personal and institutional
connections that provided convenient paths of scholarly
exchange.“* The monastery of St. Georgen in the Black
Forest also offered a potential channel for the exchange
of scholars and texts.“ The monastery of Prilfening in
the diocesis of Regensburg presented still another
point of scholarly contact. Admont had been closely
linked to Priifening since the abbacy of Wolfold (1115-
37), and a number of manuscripts in Admont's library
contain works composed at the Bavarian cloister.*”
Priifening also apparently acquired a Panormia from st.
Georgen towards the middle of the century, a manuscript
that fails to appear in the next booklist from 1165.'*
Perhaps Ad or the parent manuscript of Ad and Sz came to
Admont by one of these routes.
Despite the uncertainty of the transmission of the
Prologue in Ad and sz, their presence in the Salzburg
archdiocesis indicates the text's significant role in
regional canonical scholarship." Throughout the twelfth
century--especially under the patronage of Archbishop
Eberhard I (1147-1164)--scholarship flourished at
Salzburg. Salzburg embraced the new teachings of the
French schools, as demonstrated by Peter Classen in his
64study of early influence of scholasticism in the
region. The influence of Ivo's works provides further
evidence of these intellectual contacts between the
schools of northern France and the reforned cloisters of
Bavaria and Upper Austria.‘
Three Panormia Prologues in the Bibliothéque
Nationale also agree fundamentally with Ad and Sz. The
manuscripts, BN lat. 2472 (Pq), lat. 3869A (Ps), and
lat. 10742 (Pt), share the omission of the conclusion
with Ad-Sz, though a later hand has added it to Pq.
While differences in their Panormia separate these
manuscripts, the readings listed above indicate a
common agreement in their Prologues.Pq is the most
interesting of the three manuscripts. It is written in a
French hand probably from the mid-twelfth century. In
addition to the Prologue and the Panornia, the
manuscript transmits a variety of texts, including
extracts from the Liber Pontificalis and the canons of
the Council of Rheims (1148).‘* Along with the Prologue,
which contains several unique rubrics in addition to the
omitted conclusion, the Panormia is also unusual.
Besides the normal division of the collection into eight
books, there are additional brief titles that further
subdivide the collection. These indicate a possible
parallel knowledge of Ivo's Decretum. This unusual
system of subdivision may be unique within the tradition
and suggests that, along with the various abbreviated
65forms of the collection, the Decretum had a wider
influence than sometimes supposed.’**
Ps and Pt appear to be contemporaneous with Pq and
of similar origins. apart from the Fanormia there are no
additional shared texts. Ps is the more interesting of
the pair. Its Prologue is frequently marked with
arks made by two hands in different
arginal inscriptions also indicate
the authority cited in the text. The "nota" marks extend
* As for Pt, the Prologue is
throughout the collection.
unadorned with marks or glosses.”
Another cluster of related manuscripts is
apparently English in origin, two from the British
Library (Lb, Lj) and a pair from the Bodleian at oxford
(Oj, Ok). As noted above, collation has demonstrated the
essential agreement of these Prologues with each other
and with the other manuscripts in this family. once
again, individual variations among these manuscripts
preclude any direct dependence. ok and Lj transmit
rubrics in the Prologue not repeated by Lb-0j, and 0}
also gives several divergent readings not found in the
other manuscripts.“ Analysis of the Prologue alone,
however, cannot establish a closer connection between
these manuscripts, beyond their general congruence.
Lb and Lj are of English origins. Lb is written in
a clear English hand of the twelfth century.’ The
manuscript has probably been in London since at least
66the fifteenth century, though its earlier provenance
remains uncertain.’” The Panormia concludes with 8.136,
followed by a brief appendix beginning with a lengthy
text on the Epiphany, a text shared with Lj.”* Further
analysis also shows evidence of possible contamination
by a manuscript related to London, BL Arundel 252. At
Panormia 4-119a (fol. 72r-v), a commonly transmitted
additional chapter is found in the text,’
while a
econd text has been added in the margin. This text is
found in only a few manuscripts, among them the Arundel
Panormia.”* As for Lj, the manuscript exhibits no
outstanding features and appears to be contemporaneous
with Lb.”
Both 0j and Ok are English in origin, though
neither manuscript appears directly linked to the other.
0j is written in an English hand of the mid-twelfth
century. It was probably copied at Cirencester.’”* on
fol. 2v a rubricated note reads “Liber magistri
.""”* The Panormia extends beyond 8.136.'” As
for the Prologue, it is found on fol. 5r-15r. Rubrics
and numerous paragraph signs divide the text. There are
also occasional interlinear additions in the same hand
and ink as the text that may either provide alternate
readings or glosses.” Some marginal corrections,
underlining, and brackets highlighting parts of the text
are in a darker ink and appear to be later additions.
As the above table of variants shows, 0j differs
67slightly from the other Prologues in this cluster,
though its text still fundamentally agrees with the main
features common to the subgroup. Although difficult to
determine from the film, the Prologue in Vm also appears
somewhat related to 0j.' ok is written in a clear
English hand of the twelfth century, and appears to be
perhaps a bit earlier than 0j. Its origin is uncertain,
though it formed part of the bequest by Sir John Prise
to Jesus College that also brought 0j to oxford.” Its
Panornia is incomplete, concluding with 6.117. Unlike
0j, the Prologue in Ok is not furnished with glosses or
marginalia.
In conclusion, the wide geographical spread of this
form of the Prologue's transmission with the Panormia,
strongly suggests that the omission of the end was not a
random, isolated event in the tradition.aAt the heart of
the transmission may lie a French exemplar, now lost,
that provided models for the manuscript clusters in
England and southern Germany. This Panormia Prologue
appears to be the most likely candidate for the text's
earliest transmission as an introduction to a canonical
collection.
Prologue Among the Letters
I have already briefly alluded to the Prologue's
transmission among the printed versions of Ivo's
68letters. While this manuscript foundation of this aspect
of the text-history will be explored in more detail in a
subsequent chapter, we should now briefly consider one
aspect of the transmission: its witness to the earliest
form of the text connected with the Panormia. A
significant number of manuscripts transmit the version
with the omitted conclusion.
Again it should be emphasized that there is no
indication that the Prologue was originally a letter.
Instead it appears likely that the text was introduced
into the letter collection from a Panormia.“* Among the
various forms of the Prologue's presentation among the
letters, four examples have so far come to light that
transmit the text with the transitional conclusion
omitted." These are:
Berlin (East), Deutsche Staatsbibliothek Philipps 1694
(Be) (Metz, s.XxII™)
Erlangen, Universitdtsbibliothek 226" (Heilsbronn, s.
XII")
London, BL Cotton Claudius A vi (Lo) (England, s. xII*‘)
Paris, BN lat. 18219 (fol. 53r-101v) (Pa) (N. France, s.
XII mid.)
Three of these manuscripts appear to be in close
agreement. Be is a manuscript of 192 folios from the
late twelfth century. It was copied at Metz.“ In
addition to a partial collection of Ivo's letters, the
69manuscript contains a variety of texts written in
several hands." The Prologue begins the collection of
letters on fol. ira-sra, follawed then by the first
letter of the collection, number twelve in the Migne
edition.™ The text is presented without rubrics or
glosses, with only a few marginal paragraph signs
providing internal divisions.
The Erlangen manuscript was also apparently written
towards the end of the twelfth century. It originally
belonged to the Cistercian foundation at Heilsbronn."”
The manuscript contains a number of minor works in its
227 folia, with the Prologue on fol. 179r-185v, between
a cluster of Ivo's sermons and a partial collection of
his letters. Like the collection in Be, this collection
begins with letter twelve.’”
Pa is a manuscript composed of at three distinct,
contemporary sections bound at different dates. The
first section (fol. 1r-45v) is of northern French
origins and dates to the early twelfth century. It
transmits 2 variegated collection of canons. The third
section (fol. 102r-126) contains an exegetical work. The
second section (fol. 53r-101v) dates from the first half
of the twelfth century and appears to have been written
in France." The Prologue is found on fol. 53r-57r, and
is followed by a partial collection of the letters and
sermons that appears to be identical with the
collections in the Berlin and Erlangen manuscripts. A
70title at the head of the Prologue reads: "Incipit liber
iuonis carnotensis episcopi." This may refer to the
entire hetereogenous collection of Ivonian material in
Pa, including the Prologue, which forms a thematic
unit.™ Like the Berlin manuscript, the Prologue lacks
rubrics and glosses, with only a few internal parafs in
the ink of the text. Two hands have written the text,
with some marginal additions and corrections in a third,
contemporary hand in a lighter ink.
‘The London manuscript (Lo) presents the Prologue
within a different context. The text is found in an
extensive collection of Ivo's letters, placed between
letters 103 and 104. The script suggests an English
origin and dating to the second half of the twelfth
century. In addition to the Prologue, which is found
on fol. 278v-284r, and the letters, Lo transmits
fourteen of the sermons. The Prologue is written by one
hand, and lacks rubrics and glosses.
of the three manuscripts that have been collated,
Be and Lo are in the closest agreement. Collation of the
Erlangen manuscript would also likely establish a close
link to these manuscripts. Despite the omission of the
conclusion common to all three Prologues, variant
readings in Be and Lo appear to separate these from the
Ranormia Prologues discussed above. Apart from the
title, which is omitted by Be, their readings appear
closer to the version found in Migne, an edition
71essentially based on the Prologue to the Victorinus
Pecketum (Paris, BN lat. 14315). This divergence
indicates the complexity of the Prologue's tradition,
pointing perhaps to another branch of the transmission
with the omitted conclusion. The Prologue in Pa collates
somewhat more successfully with the Panormia Prologues,
particularly with oj."
Some Conclusions
To sum up: I would argue that manuscript evidence
supports an argument for the Prologue's original
composition as a treatise prior to the compilation of
the Decretum and the Panormia. The Liage manuscript (Ly)
and the family of Panormia Prologues with the omitted
conclusion point the way to the earliest strata of the
text's tradition. From the latter group I have chosen Pt
as the foundation for the critical edition. These
manuscripts have also begun to demonstrate the wide
extent of the text throughout the twelfth century. Its
extensive circulation supports the suggestion made by
Stephan Kuttner that Ivo's treatise served as the the
handbook of jurisprudence for the first half of the
twelfth century.’ We now continue to trace this
tradition as we examine the common form of the text
linked to its transmission with the Panormia.
72‘The Common Forms of the Prologue
In general, the Prologue is a very stable text.
Except for the primitive group which omits the
conclusion, the text usually appears intact, essentially
similar to the form later printed by Brant and
Molinaeus. This large group of manuscripts can, however,
be further divided into several manuscript clusters.
One was discovered through collation of a number of
manuscripts against a Vatican manuscript of the
Panormia, Vatican, Archivio San Pietro G 19 (Vs).
Manuscripts in general agreement with Vs include:
Pk: Paris, BN lat. 4284
Vb: Vatican, Barb. lat. 502
vk: vatican, Reg. lat. 972
vz: Vatican, Vat. lat. 1362
Additionally, two Prologues transmitted with collections
derived from the Panormia also largely agree with the
manuscripts in this cluster:
ver vatican, Vi
Books)
Wc: Vienna, 6NB 2178. (The Collection in 10 Parts)
1361. (collection in 13
These manuscripts will be considered in detail in the
73chapter analyzing the Prologue's reception by later
canonists.
The manuscripts of this cluster are far les:
closely related than the Prologues of the Ad or Sa
groups. Moreover, manuscripts related to Vs occasionally
agree with the Prologue of the Sa group. In turn, a
number of Prologues--including those found with the
Decretum and its abbreviated versions
0 appear to be
similar to Vs. Nevertheless, common features do enable
the isolation of a manuscript cluster more closely
related to Vs. As a by-product of this analysis, these
manuscripts will once again provide further insight into
the development of the Panormia tradition. Vs was
initially chosen as the base for analysis of the vatican
Fanormia manuscripts. As noted above in the discussion
of editorial method, this selection was based on the
manuscript 's presentation of the collection to 8.134.
Subsequent examination and collation isolated a subgroup
of manuscripts in general agreement with the Prologue in
Vs. Like the other manuscripts chosen for the inital
collations, Vs is an apparently early manuscript, likely
dating from the first half of the twelfth century. Its
origins are uncertain, though the hand suggests Italy.‘*
An extensive appendix of 155 capitula also follows the
Panormia without interruption or change of hand. other
manuscripts contain similar appendicies,’ though few
equal this one in length.’
4Vs lacks both title and rubrication. It is thus
immediately separated from the Prologues of the Sa
group. The text also diverges at several points,
probably through scribal error. In general, the
Prologue in Vs deviates little from the text found in
the editions of the Decretum and the Panormia. Moreover,
the agreement of Vs is frequent with the consensus of
the Decretum Prologues, especially with Pd, not only in
the absence of a title but also in the text itself.”
None of these readings are uniquely shared, but they
suggest a closer affinity between the tradition of the
Prologue with the Decretum and vs, itself representative
of the most common version of the text with the
Panormia-
Like Vs, Vk (Vatican, Reg. lat. 972) is likely a
product from the first half of the twelfth century. Its
rounded script suggests an Italian origin. The Panormia
extends to 8.136, thus including the additional chapters
on election and investiture. vk also transmits an
appendix of additional chapters, though it dees not
appear to be related to the appendix in Vs, apart from a
few common texts. ‘**
Vk basically agrees with the Prologue in Vs. Apart
from the presence of a brief title, “incipit prefatio
iuonis carnotensis episcopi," the manuscript is
unrubricated. only a few scattered parafs divide the
text. While Vk agrees often with Vs, its own readings-
15as well as omissions due to homoiteleuton--prevent it
from being either model or copy. It appears to have cone
from a related manuscript.
The Prologue and Panormia in Pk (Paris, BN lat.
4284) agree closely with Vk. The script of the
manuscript suggests France and can be dated to the mid-
twelfth century. Like vk, the Panormia in Pk concludes
with 8.136. The readings of the Prologue also confirm
the general agreement between the manuscripts.” Pk also
contains an appendix containing papal decretals, canons,
and some letters of Ivo similar to the one found in
v2
While Vk and Pk show a general correspondence to
vs, a pair of Vatican Panormia manuscripts Vb-Vz
(vatican Barb. lat. 502 and vat. lat. 1362) stands
somewhat closer to Vs. Though the Prologues in both
manuscripts differ somevhat from the manuscripts
described above and from each other--with Vz giving the
most distinctive variants--they are still frequently in
agreement. The connection between the manuscripts lies
above all in their frequency of agreement within this
cluster as opposed to any other group of Panormia
Prologues. While they are never connected as closely as
the manuscripts of other groups, such as those which
omit the Prologue's conclusion, they are still closer 'to
each other than to any other manuscript cluster.
Vb is written in a Italian hand of the mid-twelfth
76century. Other texts in the manuscript also indicate its
Italian origins.” The collection is incomplete, ending
at 6.10. Vz is also Italian. The manuscript was written
at the monastery of Santa Maria in Crescenzago, and its
script can be placed in the middle of the twelfth
century. Unlike Vb, the Panormia in this manuscript is
complete. There is also an appendix of excerpts fron
Ivo's Decretun following the collection at fol. 129r-
138r. This is apparently unique in the Panormia
tradition.” In addition to the appendix, the manuscript
also transmits numerous decretals from Eugene III,
Lucius II, and Adrian IV. These also support an argument
for Italian orgins, and help to date the manuscript.”*
Both Vb and vz are rubricated. Though their titles
aitter,™*
most of their rubrics agree. Vb does, however,
give two additional rubrics not found in vz." vb also
shares an unusual rubric with two other manuscripts
belonging to the glossed group of Panormia Prologues.*”
As the text deviates from the other two Prologues
despite this shared rubric, it may be a separate
invention by the rubricator of Vb or perhaps an isolated
gloss.
Like the rubrics, the text of vb-Vz is frequently
in agreement. Some of their shared readings are unique,
for exampl.
358 cunctorum] rectorum Vb vz
7424 policronium] episcoporum add Vb vz
465 complere] implere Vb vz
In addition to these readings, the manuscripts often
share divergent word order. Their agreement in minor
word transpositions mirrors the correspondence noted
earlier between Sa and Me.**
When the readings of vb and Vz conflict, vz
generally stands alone against the other manuscripts.
Vb will tend more often to agree with Vk-Vs, while vz
will give significant variants.” Most of Vz's variants
fit the context fairly well, for example the reading of
"propinquitate" for “pro iniquitate" at line 378. Here
the sense is appropriate to the text, where Ivo
introduces citations from Scripture to support his
argument that the sins of the fathers do not taint their
sons. In sum Vb and Vz diverge often enough to suggest
that their models, while related, were parallel to vk-
Vs. The divergence of vz indicates that this manuscript
was probably derived from a secondary, perhaps reworked,
or glossed copy.”
Additional Ccnmon Forms of the Prologue
A second cluster of manuscripts should be
considered an extension of the Prologues related to vs.
These include:
78La: London, BL Arundel 252
Munich, Clm 11316
Munich, Clm 2593
Mg: Munich, Clm 22289
Pb: Paris, BN lat. 3869
In addition to these, there are other manuscripts in
later, derivative brances of the tradition which contain
similar Prologues. These include the Prologue
transmitted with the Second Collection of chalons-sar-
Marne (BM 75) and the detached version found in Vienna,
ONB 2230. These manuscripts will be discussed below in
the chapter on the Prologue's reception and influence in
canon law.
Like the manuscripts connected to Vs, the Prologues
of this cluster are only loosely related. They transmit
a common text of the Prologue similar to Vs and the
other manuscripts discussed immediately above. Within
this cluster, there are some closer agreements among the
Prologues. As noted above, this association of the
Prologues also provides insight into the larger question
of the Panormia's transmission.
Pb largely agrees with the text common to Vk-Vs.
The manuscript appears to be early, perhaps no later
than the second quarter of the twelfth century. The hand
is French. The Panormia is given to 8.136, plus a single
additional text not found in the Migne appendix." Like
79Vk-Vs, the Prologue in Pb is unrubricated of initials in
citations serve to divide the text.” In general, the
readings of Pb follow the common text of the Vs cluster.
None of the unique variants in Vk-Vs are found in Pb--
especially their omissions due to homeoteleuton-~and
this preclude
pair. Likewi
the vs manuscripts. When compared to the probable model
Pb's direct origins in this manuscript
Pb's omissions do not appear in any of
common to Vb-Vz, Pb shows many similar characteristics,
‘though once again it cannot be clearly linked to any
extant manuscript. Thus, Pb appears to fall between the
other witnesses, and was perhaps copied from a model
related to the Vs group.” = La was written by an
English scribe in the middle of the twelfth century. It
may have been copied at Newburg, as attested by a
possession mark on fol. ir.” The collection shows some
affinity with other manuscripts outside of this group of
Panormia Prologues.*” unlike Pb, the Prologue in La is
rubricated. Together with the readings of the text,
these rubrics correspond to the readings of Vb-va. La
also agrees with the Munich manuscripts Mb and Mc,
especially the former.**
Both Mb and Mc are products of Bavarian cloisters.
Mb was probably copied at Polling, an Augustinian
foundation reorganized under the Premonstratensian
movement in the mid-twelfth century. Polling was an
important center of education and reform, and it was
80here that Gerhoch of Reichersberg received his initial
education.” The history of Polling's library remains
obscure, and there is no citation of a Panormia in the
extant booklists.”” The Panormia in Mb concludes with
8,134.79
Mc originally belonged to the Cistercian house at
Aldersbach in the diocesis of Passau. It is clearly of
German origins, and can be dated to the second half of
the twelfth century.” Like Mb, there is unfortunately
no citation of this manuscript in the foundation's
extant medieval booklists. Aldersbach's history in the
twelfth century paralleled that of Polling. Aldersbach
had been an independent foundation before its reform to
the Cistercian order. By 1146 it had become a daughter
house of Ebrach in upper Franconia. Papal protection
came in the following year and Aldersbach quickly became
a leading reform center.” The monastery's first abbot,
Sigfria (1147-1182), came from Ebrach and, though there
is no mention of a Panormia, it is not improbable that
either Mc or its model could have come with a core
collection brought for the new library.” As for the
Panormia, it is transmitted to 8.136, thus providing the
two additional chapters not found in Mb. The rubrication
of the Panormia also differs from Mb.” In addition to
the Prologue and Panormia, Mc also contains the
Sorrector of Burchard, which is occasionally
independently transmitted as a penitential collection.™
81Collation of the Prologues in Mb and Mc
demonstrates their essential agreement, though neither
is the direct copy of the other. They often agree both
in rubrics and text, but each manuscript also diverges
enough to preclude a direct relationship.’ Mc also
gives the variant "scilicet--immobilibus" at line
171ff., thus placing it in closer agreement with Vb and
vz. Lastly, the Prologue in Mc is incomplet
omitting
approximately the final quarter of the text. Since the
omitted section ends in the middle of the citation on
episcopal restitution (lines 424ff), there does not seem
to be an editorial reason behind the omission. Another
Munich manuscript transmits a Prologue similar to Mb and
Mc, and perhaps derived from the latter text. The
manuscript, now Munich Clm 22289 (Mg) orginally belonged
to the Premonstratensian cloister at Windberg, one of
the earliest foundations of this order in Bavaria.
Windberg was founded about 1140 and was a daughter house
of Premontré itself. Windberg's first abbot, Gebhard,
was a leading figure in ecclesiastical reform in
Bavarié
and a close associate of Gerhoch of
Reichersberg and Norbert of Magdeburg, the founder of
the Premonstratensian order, and Bishop Kuno of
Regensburg. ”*
Unlike Aldersbach, we know somewhat more about the
early library at Windberg. Gebhard was apparently very
successful in building a large and diverse collection.
82A booklist from the end of his abbacy survives and
witnesses his zeal for the library.” Gebhard gathered a
good selection of contemporary authors in addition to
the standard patristic texts, among them Rupert of Deutz
and Hugh of St. Victor. There is, however, no mention of
any Ivonian works in the list.
In Mg the Prologue is found before an abridged
version of the Panormia. Its model is uncertain.”* In
addition to the abridged collection, Mg also transmits
several other canonical texts, among them abbreviated
versions of the Collection in 74 Titles” and Gratian's
Pecretum.*” The diversity of collections suggests that
Mg was intended to be a kind of legal handbook.
An appreciation of Mg as a kind of legal handbook
is further supported by an unusual illustration which
may be intended as an introduction to the manuscript on
fol. iv. In the center of the drawing Augustine, Leo,
Gregory, Gelasius, Silvester, Jerome, and Ambrose are
presented in a row, framed by legal maxims. Below them
two heads look upward, apparently seeking guidance.”
‘This use of maxims as part of the frame to illustrations
was not unknown to southern German iconography of the
period, and is reminiscent of the illustrations of the
Regensburg school of the early eleventh century,
specially the Evangeliary of Abbess Uta of
Niedermiinster.** The close relationship between the
monastery of Priifening near Regensburg and Windberg also
83suggests a potential point of contact, not only through
iconography but also in the potential model for the
Ranormia in Mg.*
‘The text of the Prologue in Mg seems to be derived
from a model related to Mc. While readings frequently
correspond, unique variants nevertheless do separate Mg
from Mc, thus preventing the Windberg manuscript from
being a direct copy.” Unlike Mc, Mg also transmits a
complete Prologue.
In conclusion, this extension of the Prologues
related to Vs reveals further examples of the common
form of the text's transmission. As note above, the
influence of this cluster of manuscripts will be further
examined in the section on the Prologue's Nachleben,
where related Prologues have been transmitted with
derivative forms of the Panormia. As was the case with
the manuscripts centered on Vs and Vk, none of the
manuscripts in this group is so different as to suggest
a different recension of the Prologue. Once again, these
manuscripts indicate only another branch of the same
general tradition of the text within the broad outlines
of the Panormia's transmission.
Additional Common Forms of the Prologue
In addition to the examples in the early group of
manuscripts related to Ad, collation has revealed
a4another significant cluster of manuscripts of German
origins. These belong, however, to the common version of
the text:
$
wa
(Klosterneuburg, stiftsbibliothek 638)
(London, BL Addit. 18371)
(Munich, Clm, 17099)
(Munich, Clm, 17100)
(Munich, Clm. 6354)
(Sankt Paul im Lavanthal
22/1)
stiftsbiblicthek,
(Vienna, 8NB 2192)
Several manuscripts also demonstrate a partial
dependence upon this cluster:
Fi
PL
vi
(Florence, BN Conv. Soppr. G.1.836)
(Paris, BN lat. 4285)
(vatican, Vat. lat. 1360)
(Vienna, ONB 2177)
Except for Wb, which transmits the Prologue as an
independent text, the manuscripts in this group are all
of the Prologue's transmission with the Panormia. These
related clusters were discovered through the initial
collation based upon a Munich manuscript, Clm. 28223
(Ma). The trio of Me-Mf-Mh was isolated first.
85Subsequent comparisons revealed further related
examples, above all the Prologue transmitted by Sa.
Sa orginally belonged to the library of St. Blasien
in the Black Forest. It came to its present home in the
monastery of St. Paul im Lavanthal in Carinthia
following the dissolution of st. Blasien at the
beginning of the nineteenth century. In a recent study
of the medieval library of st. Blasien, Hubert Houben
dated Sa to the early twelfth century. He also suggested
a possible French origin for the manuscript, for Sa was
probably not copied in St. Blasien's scriptoriun. He
noted, however, that the date of its acquisition by the
monastery remains uncertain.**
St. Blasien played an important role in the spread
of the Hirsau reform in southwestern and southern
Germany during the first decades of the twelfth century.
‘The monastery rapidly became second only to Hirsau
itself in influence.** as Houben notes, an early date of
acquisition would make Sa an important witness to the
evolution of regional reform, a movement spurred on by
study of canon law.”” From the standpoint of the
Prologue's textual tradition, an early date and French
Schriftheimat would also establish Sa as an important
witness in the descent of the text. The Panormia also
conclud
with 8.134, thus supporting Fournier's
analysis of the early tradition, again making Sa a
manuscript worthy of close examination.
86Houben notes several texts which accompany the
Panormia in Sa. These give additional insight into the
manuscript's origins, but they do not strengthen a claim
for a possible French origin.** The texts are:
fol. Ir: Letter of Gregory VII to Archbishop
Sigfried of Maiz concerning the Roman Lenten Synod
of 1075 (JL 4931)
fol. 1lr-v: The second part of the above text
transmits the letter of Gregory VII to Bishop otto
of Constance (JL 4933)
fol. 84r-aov:
the treatise
gacerdotes.
Immediately following the Panormia
Gommonitorium cuiusque episcopi ad
The pair of Gregorian letters argue against French
origins for the manuscript, though it is conceivable
that they could have been added to the Panormia after
its acquisition. They belong to a group of
sxtravagantes which circulated in Germany. The letters
are also not transmitted in any known canonical
collection, thus depriving a French scribe of a
potential additional formal source.** These letters do
suggest, however, a relatively early date of composition
for Sa.
‘The anonymous Commonitorium has a long and complex
history. The treatise has Frankish origins and was
apparently from the outset attributed to Leo IV. There
is, however, no compelling evidence to assign its
ion exclusively to French manuscripts. The
87descent of the text is too uncertain and complex to make
it an indication of a particular place of origin. In
short, the Commonitorium in Sa neither confirms nor
denies Houben's suggestion of the manuscript's
composition in France.
The script of si
at least in the Prologue, also
does not convincingly demonstrate a French origin. The
Prologue is written by two hands and the first (fol. 2r-
v) is upright and clear, while the remainder of the text
(fol. 2v-6r) is written in a script that suggests some
chancery influence. In particular, the second hand
employs exaggerated ascenders and descenders. Both hands
lack any pre-gothic features and appear to date from no
later than the middle of the twelfth century. The second
hand moreover resembles to some extent the script of one
of the two Schiftlarn Panormia (Mf). The first hand also
shows sone similarities with several contemporary
manuscripts from Bavaria, particularly in the jagged "r"
which touches the following letter and in a rounded "a",
which is occasionally found in a ligature with an "e" at
the apex of its ascender. Thus, while no definite
Schriftheimat can be established from the two hands,
they appear to point to southern Germany as the hone of
sa.
‘The uncertain text-history of Sa makes a conclusive
determination of its origins difficult. Nevertheles:
the texts transmitted with the Prologue and Panormia,
88along with the scripts, do not appear to support a claim
for French origins. The agreement of its Prologue with
those of definite southern German origins does, however,
confirm Houben's suggestion that sa might be a witness
‘to the importance of canon law in the regional reform of
the early twelfth century.
of the three Munich Panormia manuscripts related to
Sa, the Prologue Me (Clm 17099), corresponds the
closest. Me was originally part of the medieval holdings
of Sch&ftlarn, an ancient Benedictine foundation in the
Isar valley south of Munich. Like many Bavarian
cloisters, Sch&ftlarn came under the new
Prenonstratensian reform during the first half of the
twelfth century under the patronage of Bishop otto of
Freising. With the reform came renewed scholarship and
the revival of the scriptorium. Numerous book donations
from the period attest to the revitalization of the
monastic library. In a document from 1160 a certain
priest, Aribo of Herbertshausen, mentions the gift of a
Panormia. Me i:
for it is written in the script of the Schéftlarn
scriptorium.”? Instead the second Schaftlarn Panormia,
clm 17100 (Mf), may be this text.
however, likely not this manuscript,
Collation of Me with Sa reveals a number of
agreements, both in major, significant variants, and
minor variations in orthography and word order. While
neither manuscript is a copy of the other, the
89agreements still point to a close relationship. Some of
the more signficant readings include:
1-2 incipit (incipiunt Me) collectiones canonum
yuonis carnotensis episcopi Me sa
41 habe] inguid add Me sa
42. si--caritate om Me sa
121 deliberandum} post uotum add Me Sa
174 sunt] omnia add Me Sa
183 cogito*] sunt Me Sa
285 populorum--sermonen] popularem promendi
sermonem Me Sa
491 et nunc} ethnicus Me sa
513-514 secundam--uestram om Me Sa
555-556 de--romanis) romanis uenerandis Me Sa
No major variants separate the Prologues, and only a few
readings divide Me and Sa. None permit a clear
determination of priority.”
wo other Munich Prologues in agreement with Sa and
Me appear to share a common model. These manuscripts, Mf
(Clm 17100) and Mh (Clm 6354), date from approximately
the mid-twelfth century.”
Like Me, both transmit the
Panormia to 8.136, thus placing them closer to the
Sch&ftlarn manuscript than to Sa.”* Mf also belonged to
Schaftlarn, while Mh was owned by the cathedral library
at Freising. There is no decisive evidence about the
medieval homes of these manuscripts, though Mf may have
90been the donation from Aribo of Herbertshausen.
Examination of Mf and Mh demonstrates their
fundamental agreement with Sa and Me. There are even
similar features in the script of Mh and the second hand
in Sa, particularly in the long tironian ampersand that
extends below the line.™* collation of the Prologue
confirms the close relationship of these manuscripts and
suggests that, while none is a copy of a known
manuscript, the cluster is clearly ultimately descended
from a common model. Only occasionally does a signficant
deviation from the common text appear, for example at
lines 391-401, where Mh appears to be one step further
removed from Me-Mf-Sa.”’ other readings indicate that Mh
was certainly not the model for this cluster, an
argument against the influence of Freising in the
transmission of Ivo's collection to schaftlarn during
its reform, despite the leading role of Bishop Otto.™*
Apart from scattered divergent readings, Mf-Mh follow
Me-sa in major and minor variants, and present a
relatively congruent cluster of Prologues.**
In conclusion, the four manuscripts Me, Mf, Mh, Sa
form a well-defined subgroup of Panormia Prologu
‘They are contemporaneous and likely come from southern
Germany. While the exact Schriftheimat of Sa remains
uncertain, it does appear to be a signficant example of
the Prologue, perhaps one of the earliest in the region.
The agreement of text not only isolates this cluster of
91manuscripts but also, as was the cai
with the early
version identified through the Austrian manuscripts Ad-
Sz, emphasizes the important role played by the Prologue
in southern Germany during the first half of the twelfth
century. Like Admont, Bavarian cloisters turned to the
Prologue as the new culture of scholasticism accompanied
regional reforn.*”
The remaining manuscripts in this subgroup
generally agr
with the readings common to the cluster
related to Sa, though not as closely as Me. With the
exception of Wb (Vienna, ONB 2177), an independent
tran
ssion of the Prologue paired with a partial
version of the Liber de misericordia et iustitia of
Alger of Lidge, these Prologues accompany the Panormia.
(Wb will be examined in detail below in the
ction on
the Prologue's influence.) only the Florentine
manuscript, Fi, is not German in origin.
‘The Prologue in Kl (Klosterneuburg,
stiftsbibliothek 638) dates from the second half of the
twelfth century, and its script betrays a German origin.
The manuscript is probably the Panormia cited in the
cloister's booklist from the early thirteenth century as
"canones yuonis."*' The rubrication and text of the
Prologue show a close affinity to v1 (vatican, vat. lat.
1360) and, to a slightly lesser extent, sa.*” Ki is also
corrected at several points by a second, contemporary
hand.The pair Lg-Wa (London, BL Addit. 18371 and Vienna,
ONB 2192) are also German. Ig was acquired by the
British Library in 1850 and is dated in the catalogue to
the thirteenth century.” Inspection of the manuscript
has suggested, however, a dating to the second half of
the twelfth century, though a cursive hand of the
fourteenth century has also annotated the text at
several points. At fol. 1v this later hand records the
owner: “Iste liber est monasterii montis sanctii georgii
<...>." The place name is almost illegible, but it may
be the Cistercian foundation of st. Georgenburg in
Tirol.** Wd probably belonged to the cathedral library
of st. Peter
at Salzburg. The manuscript is a
Sammelhandschrift, for its Panormia was originally a
separate unit. other texts bound in the manuscript date
from the thirteenth century. The Panormia is clearly
from the twelfth century and likely came from
Salzburg.
The readings of Lg and Wd generally follow the
variants of manuscripts related to Sa. of the two, Wd
corresponds more closely, but both Prologues have
readings that separate them both from Sa and each other.
At several points Wd has been corrected, perhaps fron a
second manuscript related to Vl. Both Ig and Wd are
probably
ondary copies of hypearchtypes common to the
Sa cluster. Additionally, Wd's model was furnished with
rubrics.**
93‘The remaining manuscripts of this subgroup (Fi, Pl,
Vl, Wb) are more removed from Sa and its related
witnesses. Nevertheless, these manuscripts still show
some affinity with the Sa cluster. Additionally, each
Prologue contains textual peculiarities which give
insight into the later evolution, and manipulation, of
the text during its influence and reception in the
twelfth century. While Wb will be examined in detail
later, the other manuscripts can be examined here.
Vl (Vatican, vat. lat. 1360), Fi (Florence, BN
Conv. Sopp. G.1.836), and Pl (Paris, BN lat. 4285)
demonstrate the evolution of the Prologue's tradition in
the twelfth century. Collation against the consensus of
the Sa group suggests that Fi and Pl were likely derived
either from V1 or from a parallel manuscript now lost.
Each manuscript will be described in succession in order
to follow this branch of the Prologue's descent.
V1 was copied in the middle of the mid-twelfth
century. The manuscript is of uncertain origins, though
it perhaps came from Italy. Several hands have written
the Prologue text. An additional contemporary correcting
hand has also altered the text at several points. This
correcting hand has also added scattered rubrics and
glosses.*” In general, the Prologue of V1 follows the
readings common to the Sa subgroup. When V1 deviates, it
is usually in the added marginal readings, readings that
point to the influence of a second manuscript. None of
94these readings are common to other manuscripts in the
subgroup, except for
wa. some of the
veral agreements with Wb and
ginal readings correspond also to
those in Ma (Munich, Clm 26223). (See below.)
‘The got
s and rubrics in Vl distinguish it from
other manuscripts in its subgroup, apart from Wd, with
does share some rubrics with the Vatican manuscript. All
are in the st
marginal hand that corrects and augnents
the text. The glo are interlinear, and the rubrics
are alvays in the margin and indicated by crude parafs.
Comparison of the rubrics in V1 with other manuscript
groups, including the Sa cluster, indicates a general
correspondence between V1 and Wd, and frequent agreement
with two Munich manuscripts that belong to the subgroup
of glossed Panormia Prologu:
4545). Tt appears that the original text of Vl
) Ma and Md (Munich, Clm
corresponds well to the readings of the Sa group--
especially Wd--and that its rubrics have come froma
second manuscript related to Wd and, ultimately, to the
glossed group of manuscripts, The scattered glosses in
Vl also link it with manuscripts outside the Sa cluster,
specially Ma.7*”
While the shared rubrics and glosses indicate a
probable lost link of contamination between Vl and the
manuscripts related to Md, a significant marginal
addition to V1 suggests in turn its contamination of Fi
and Pl. Fi dates from the second half of the twelfth
95century and comes from Vallombror
The manuscript is
thus one of the few certain italian manuscripts of the
Panormia.** Unfortunately the folios containing the
Prologue text suffer from water damage and are virtually
illegible on film. Nevertheless one can distinguish two
contemporary hands--both southern--that copied the text.
The poor condition of the Prologue's opening
section makes the determination of its potential
relationship to other manuscripts difficult.
Examination of the body of the text indicates, however,
a divergence between its text and rubrics. In general,
the text does not follow the significant readings of Vi
and the Sa group, and tends instead to follow readings
related to the primitive Prologue group discussed above.
The rubrics of Fi do, however, agree with v1.™*
Nevertheless, they appear to have been added later. The
rubrics in Fi only indicate a general agreement with V1,
not a clear case of contamination.
Pl is of uncertain origins.** The script does,
however, exhibit some English features and can be
confidently dated to the middle of the twelfth
century.** A second hand has also added some marginal
inscriptions and glosses to the Prologue text. None are
repeated in Vl or Fi.** The uncorrected Prologue text
in Pl is close to V1-Fi.”* still, conclusions concerning
the relationship of these manuscripts on the basis of
their Prologues must be tentative, for there are
96differences in their Panormia.™”
A marginal annotation to the Prologue text links
V1-Fi-Pl. The annotation appears marginally in V1, but
in the text of Fi and Pl. The placement of the
interpolation also complicates the transmission. In Vl
it appears facing the text at line1soff.; in Fi-P1 it is
found following line 230ff., preceding the citation from
Leo I Ep. 167 (JK 544). variants between the
manuscripts prevent a direct relationship between V1 and
Fi-Pl, though Pl is appparently closer to Vl than Fi. An
intermediate manuscript, now lost, probably interpolated
the gloss and passed it on to Fi-Pl. Perhaps this lost
model was also Italian, a hypothesis supported by the
marginal hand in Vl, which consistently gives southern
abbreviations. The interpolated text in Fi shows more
corruption than in Pl, and these errors suggest that the
manuscript was perhaps a secondary copy of the original
interpolation, with Fi at an intermediate stage.
‘The Decretum Prologue Tradition
As noted above in the discussion of the Prologue's
printed history in connection with the Decretum, there
has been little critical study of the collection's
manuscript tradition. Despite the limited number of
manuscripts--and perhaps partly because of it--the
transmission of the Decretum has remained largely
97unstudied. The remark of Dom Gellé that few exemplars
survive in comparison with the Panormia, “pauciora
occurrunt decreti exemplaria
expresses the principal
difficulty confronting any critical study of this large,
yet still obscure, canonical collection.”
Despite the pioneering work of Paul Fournier--
research augmented to some extent through the subsequent
criticiems from Franz Blienetzrieder--the text-history
of the Decretum remains unwritten. In addition, the
transmission of the collections derived from the
Decretum--including the Panormia--has been neglected as
well. As discussed above, the recent essay by Peter
Landau has attempted to identify and untangle the
descent of the Decretum and several of its derivative
collections for the first time. His research also
provides the essential foundation for the specific
analysis of the Prologue's transmission within the
Pecretum tradition.
Briefly summarized, Landau has classified the
extant manuscripts of the Decretum and its derivative
forms into several groups. On the basis of agreements in
additional chapters and chapter sequences,” he has -
divided the tradition into main groups of "French" and
“gnglish" manuscripts. The Palatinus manuscript (Vt) and
the Colbertinus manuscript (Pc) stand somewhat outside
these clusters. Finally, the chief group of abbreviated
versions-~excepting the Panormia--appears closest to the
98English group.”*
According to Landau, the manuscripts--(Paris BN
lat. 14315) and Vatican, Vat. lat. 1357)--form a
distinct manuscript pair. (The former is designated Pd
in the conspectus siglorum of this edition, the Vatican
manuscript, Vd.) He concludes that they represent an
early stage in the Decretum's transmission.*” If this is
true, then Fronteau's choce of Pd for his marginal
readings was fortunate. Unfortunately, as we have noted
above, his use of this manuscript was inconsistent.
Pd came to St. Victor in Paris at an unknown date.
‘The hand of the text is clearly French and dates from
the first half of the twelfth century.”” vd also appears
to be of French provenance and likewise dates from the
opening decades of the twelfth century.” In his
analysis of chapter sequences and additional chapters,
Landau demonstrates the congruence of these msnuscripts.
He notes, however, that neither could be the direct
model of the other, for vd provides enough variants
against Pd to preclude a direct relationship. He
suggests instead that both manuscripts are derived from
a lost model similar to Pd.”*
A pair of manuscripts form the "English" group:
Cambridge Corpus Christi College 19 (ca) and London, BL
Royal 11 D 7 (La). The Royal manuscript is written in a
beautiful, clear English hand of the first half of the
twelfth century. As noted above, it originally belonged
99to Lincoln cathedral library.” The manuscript has been
in London since the dissolution of the cathedral library
in the sixteenth century.” The Cambridge manuscript is
also of English provenance and contains as well a
Possession mark from Canterbury cathedral on fol. ir
below the Prologue. A list of Popes written in an
English hand of the first half of the twelfth century
concludes with Honorius II (1124-1130), thus providing a
kerminus post quem for ca.7”*
Landau's analysis of the English group of
manuscripts reveals their internal correspondance and
their basic agreement with the French group. The
independence of Ca-Id is indicated both by chapter
sequences and omitted chapters unique to this pair.
Landau further suggests that the source of the English
manuscripts may have originally been an exemplar
containing many dubletts that were retained in Pd-va,
but omitted in Ca-Id. This would indicate a more
advanced (fortgeschrittene) stage in the English pair.””
Landau has been able to connect the remaining
Recretum manuscripts to Pd-Va and Ca-Ld with varying
degre
of precision. The Colbertinus manuscript (Paris
BN lat. 3874, Pc) is of French origins and can be dated
to the first half of the twelfth century. According to
Landau, Pe is dependent upon neither manuscript pair
directly.” Pc concludes with Book 16 of the Decretum,
a feature that characterizes not only the abridged
100versions of the collections, but also part B of the
Tripartita, and the Panormia, for none of these contain
material found in this book.” Landau's collation of the
chapter sequences thus places Pc tentatively in a middle
stage of redaction between the French and English pairs,
though it may be somewhat closer to Pd than to either of
the English manuscripts.”
As noted above in the discussion of rubrication in
the printed Decretum tradition, the Palatinus manuscript
(vt) deviates noticeably from the other witnesses.
Landau considers this manuscript a consciously reworked
Decretum, which ends at 6.432 because the scribe was
interested only in the texts pertaining to regular
clergy.%* He tentatively dates vt as not later than the
mid-twelfth century, basing this largely on a
assumption that Gratian's Decretum would have already
displaced Ivo's collection after that time.” He
considers vt an independent witness belonging to neither
group of manuscripts.
The final Decretum examined by Landau also
transmits a partial version of the collection. The
manuscript, Siguenza, Cathedral library 61, transmits
only Books 9-17, but their text does basically agree
with the common version found in all manuscripts apart
from Vt. There is also close agreement with the
Molinaeus edition. The mass of additional chapters in
the Siguenza manuscript has suggested an earlier stage
102of redaction to Landau, a stage closer to the original
form of the collection.”* It thus appears that this
witness is not dependent upon any of the other extant
manuscripts. The Siguenza manuscript also does not
transmit the Prologue.
The Siguenza manuscript is not alone in its
commission of the Prologue. The Decretum contained in
Lincoln, Cathedral library 193 also fails to transmit
the text. Landau did not examine this manuscript, though
Paul Fournier had called attention to it in his study of
English manuscripts of pre-Gratian canonical
collections.” The text of the Decretum is not complete,
for sizeable ommissions occur throughout the
collection.” A brief examination of chapter sequences
has failed to establish a connection between the Lincoln
januscript and the groupings given by Landau.
The lack of extant manuscripts indicates the
apparent failure of the Decretum to influence directly
the development of pre-Gratian canon law. The chief
contribution of the collection is undoubtedly its role
as a formal source for several derivative collections,
not only the Panormia but also other, less well-known
dependent compilations.*” The largest group of these
dependent, abridged versions centers on We (Vienna, ONB
2196), a manuscript first analyzed by Theiner in 1638.
Through his examination of additional chapters, Landau
has been able to demonstrate a connection between We and
102the English pair, though this relationship is not a
direct dependence upon either Ca or Ld. The remaining
derivative compilations studied by Landau are Paris,
Arsenal 713 (Pr) and Paris, BN lat. 14809 (Px). Both
originally belonged to the library of st. victor in
Paris, though neither is dependent upon the other.”
Landau considers both to be related to the Victorinus
Decretum, with Px perhaps a direct copy. These
manuscripts will be discussed more fully below. To sum
up: Landau is the first to have attempted a critical
analysis of the Decretum tradition. As noted above, his
research focused primarily upon the analysis and
collation of chapter sequences and additional chapters.
It now remains to been
en whether analysis of the
Prologue will support or modify these conclusions.
‘The Prologue in the Decretum Manuscripts
It has already been observed that the rubrication
of Vd and Vt separate them somewhat from the other
Decretum. While they agree directly only twice, vd-'
present conflicting rubrics three times. The remaining
rubrics appear in blocks unique to each manuscript.**
Apart from occasional textual divisions through parafs
or rubricated initials--particularly within the series
‘the quotations from Augustine, Cyril of Alexandria, and
Gregory the Great--the remaining Decretum Prologues
103present an undivided text. The rubrication of their
Prologues thus suggests a slightly closer relationship
between Vd-Vt than indicated by Landau. Nevertheless,
the models for this manuscript pair, while perhaps
related, are obviously separate.
Despite the lack of thematic rubrication in the
majority of the Decretum Prologues, the simple textual
divisions are common to all the manuscripts. Not only do
the Prologues attached to the Decretum transmit these
divisions, but also those accompanying the abbreviated
compilation of the We group. The consistency of these
divisions also illustrates the limits of the Decretum's
transmission. The absence of thematic rubrics in the
abbreviated compilation also suggests that these
manuscripts were not derived from an exemplar related to
the French pair, thus supporting Landau's conclusions
that ‘the abbreviated version may have cone from a model
closer to the English group.
Collation of the Prologue text has generally
supported Landau's classification of the manuscripts.
There are no radically divergent redactions of the text.
‘The manuscripts are grouped primarily through minor
variants, whose collective weight tends to separate the
major groups.
Collation has confirmed Landau's classification of
the French group and its related manuscripts. A few
variants reflect both the commonality and the divergence
104between Pd-vd, as well as the relative agreement with Pc
and Vt. Some of the more important readings include:
12 instruendos (Pt) Vd Ca We Ld Ha] instituendos
Pa Pc vt
88 = suam om. Pa Pc va
214 astu (Pt) Pd Vd Pc Ca] actu Vt Ld We Ha
The lack of striking variants among the manuscripts
points to the general agreement of the text among the
Recketum Prologues. Still, the readings above do show a
specific agreement between Pd-Vd, though not without
exceptions. vd appears to be related to Pd, though
Perhaps at least one step removed. Pc tends to agree
more closely with the "French" group, while vt
frequently goes its own way. Vt does appear related to
Pd-vd, though collation of the text has not absolutely
confirmed the congruence with Vd suggested by comparison
of rubrics. Pc may also be generally related to the
“French” group, though collation of its Prologue has not
replaced the label of a middle stage of redaction
between Pd-Vd and Ca-Ld assigned it by Landau.”
Collation of the Prologue has also supported
Landau's grouping of Ca and Ld. The two disagree only
once, a reading readily explainable as a simple copying
error. The Royal Decretum, however, does omit the
opening phrase of “exceptiones-epistolis," an omission
105not found in the Cambridge manuscript. Thus, despite
‘their frequent agreement, ca and Ld are clearly separate
copies from a common parent manuscript.”” The similarity
of their texts to Pd-vd also confirms once more the
essential agreement of the Prologue in the two main
groups. Neither Prologue exhibits the "progressive"
characteristics described by Landau in the collection
itself.
Collation of the Prologue transzitted with
manuscripts from the abridged group has also
demonstrated their separate status within the tradition
and their occasional agreement with Ca~Ld. Some of the
more significant variants include:
12 instruendos Ha We Ca Ld Vd] instituendos Pd
88 © suam om Pd
216 astu] actu Ha We La vt
Other readings--among them a major omission of text--
show both the congruence and disagreement of Ha-We
307 apostolicis] uiris add Ha We
375 assumerentur) reciperentur Ha We
427 diiudicatus] est add Ha
552-584 ne-debeat om Ha
While We transmits the entire Prologue, the Harleian
106nuscript omits approximately the final one-fourth of
the text. The number of variants transmitted by We
alone, however, suggests the indpendence of each
manuscript from the other, rather than a dependence of
Ha on We.
‘The dependent compilation transmitted by Pr cannot
be conclusively linked to any of the extant manuscripts
solely on the basis of its Prologue. The manuscript
provides not merely an abbreviated Decretum, but instead
a derivative collection based not only on the Decretum
but also on other collections, among them the
Panormia.** collation of the Prologue has revealed some
striking agreements with an intermediate form of the
Prologue transmitted with the Panormia.””
Another example of an abridged Decretum is provided
by Leipzig, UB 955 (Lz). The hand of the manuscript is
early--clearly the first half of the twelfth century--
and the Schriftheimat German.” once again, Theiner was
the first to discuss this manuscript, and he linked it
to the other examples of the abridged Decretun,
especially the Vienna manuscript.’ Apart from its
abridgment of the Decretum, Lz also transmits other
texts of canonical interest, among them an excerpt from
the Liber de excommunicatis vitandis of Bernold of
Constance. other contemporary manuscripts transmit this
excerpt in various forms, and its contents--a discussion
of penance and dispensation--provide interesting
107supplements to the Prologue.**
Collation of the Prologue in Lz supports Theiner's
association of the manuscript with We. Although isolated
variants separate Lz from We, many common readings point
to their frequent, sometimes unique, agreement:
1-2 prefatio yuonis carnotensis episcopi in
collectionibus ecclesiasticarum regularum Lz We
141-142 in-erit] minimus uocabitur in regno celorum Lz
we
375 assumerentur] recipiantur Lz We
517 sanctorum) patrum add Lz
580 si-continent) hoc leges seculi si continent tr Lz We
Lz's agreement with We is obvious and suggests as well
the possible origins of the Decretum abridgment in a
German exemplar.’ Its early date also points to the
immediate influence of the Decretum in the empire during
the opening decades of the twelfth century.
Unlike Lz, it is more difficult to link Px with the
other Prologues in the Decretum tradition. Landau
classifies this manuscript as an abbreviation (Kurzform)
derived from Pd. He bases this association, as always,
on a comparison of chapters and chapter sequences.”
Because the Prologue is only given in a very fraguentary
form, it is difficult to evaluate Landau's conclusions
on this basis. What is retained does agree with Pd.°”
108Neither Landau's analysis nor this study of the
Prologue can show conclusively which of the extant
manuscripts contains the earliest form of the Decretun.
None of the surviving manuscripts can be directly linked
to another as a copy; none give convincing codicological
evidence of a clearly earlier witness. All the
manuscripts are written in hands of the first half of
the twelfth century. This lack of discriminating
evidence is also compounded by the meager transmission
of the text. with the Decretum or the Prologue found
with it, there can be no scientific selection of the
“best" manuscript. When confronted by the difficulties
of the Decretum Prologue, the modern editor still cannot
improve decisively upon Fronteau's decision to turn to
the Victorinus manuscript for analysis of the tradition.
Intermediate Forms of the Text
A number of manuscripts can also be identified
which appear to stand between the primitive version of
the Panormia Prologue lacking tha transitional
conclusion and the common form represented by the
majority of the manuscripts, including those
transmitting the text with the Decretum. It would be an
exaggeration to call these manuscripts a coherent class;
ather they represent a large cluster of Prologues that-
109vwhile textually more or less similar to the common
version of the text--share some distinctive features
without coalescing into a distinctive version. From this
large group of manuscripts, two have been chosen for
inclusion among those utilized for the edition: vo (vat.
Ottoboniani lat. 164) and vr (Vat. Reg. lat. 340).
Vo contains 150 folios and can be dated to the
econd half of the twelfth century.*° It passed from the
collection of Queen Christina of Sweden to the Vatican
library in the seventeenth century. The Prologue and
Panormia were written by a single German scribe. The
Prologue appears on fol. <1>v-8v. Vo carries an unusual
variant form of the typical title for the Prologue
characteristic of the common version of the text. This
variant is shared with at least one other manuscript,
Paris, BN lat. 3871.°° It also transmits some of the
rubrics found with the common version and subsequently
added post correctioném to the text of Sz. Finally, the
Prologue contains the transitional conclusion, however
this is not only preceded by an "Explicit prologus" but
also is rubricated as if the scribe wished the reader to
know that this section did not belong to the Prologue
proper.* It was this unusual rubrication that initially
suggested that the transitional conclusion might be an
addition to an earlier version of the text.
Vr also belonged to the bequest of Queen
Christina.°” It is a composite manuscript of 168 folios,
110with the Panormia forming the first section on fol. 1r-
158v. The section is of uncertain origins, though the
script and decoration appear to be French, and dated no
later than the middle to second half of the twelfth
century. The Prologue is found on fol. ir-8v, written by
the single scribe. Like Vo, the text in vr transmits
several of the common rubrics such as "De ammonicione"
and "De indulgencia." There are no glosses or
marginalia.
A small number of readings common to Vo and vr
demonstrate their relative affinity. Several are shared
with manuscripts transmitting the primitive version of
the Panormia Prologue,” while others diverge.’ This
mixture suggests the intermediate state of the Prologue
in manuscripts related to Vo-Vr. Thus, while the text of
Vo and vr does not dramatically differ from the version
commonly found with the Panormia Prologue, it
nevertheless appears that these twin Vatican manuscripts
point the way to a broad group of related manuscripts
that stand somewhat apart from the typical version of
the text.°* It is for this reason that they were chosen
for inclusion in the apparatus criticus of the edition.
Conclusion
It is now ti
to sum up the main features of the
Prologue's textual tradition. The sheer number of extant
aamanuscripts challenges any attempt to construe the
descent of the text. Nevertheless, the evidence gathered
from the manuscripts examined for this edition does
suggest that the text passed through three distinct
phases: an initial version as a treatise, in a form
similar to the one presented by Ly; a shorter version
that initially introduced the Panormia; the common,
valgate version, augmented with a transitional
conclusion introducing the capitulatio to the Panormia.
The text of the following edition does not
radically differ from the version encountered in PL 161.
As noted above in the discussion of the Prologue's
printed history with the Ivonian collections, Molinaeus'
election of the Victorinus Decretum ensured a
relatively good text of the Prologue. The merit of this
new edition lies, however, as much in the apparatus
eriticus of variants as in the text itself. The variety
of variant readings mirrors the extent of the wide
textual tradition. As this Prolegomena has attempted to
illustrate, the readings below the contribute as much to
the story of Ivo's "marvelous introduction" to the
canons as the text itself, a compelling witness to
influential, "living text" that profoundly shaped the
course of twelfth-century thought.
12The edition follows the editorial guidelines
outlined by Stephan Kuttner for use in editing legal
texts." The readings of Pt (Paris, BN lat. 10742) have
been consistently followed in order to avoid presenting
a mixed recension. Where Pt has failed to provide the
most logical reading, I have attempted to supply a
reading from a related manuscript within the primitive
group, for example Sz. Only a few instances remain where
I have departed from this group, and these have been
noted in the apparatus criticus, with the reading of Pt
indicated in boldface. In order to present the most
representative version of the text, the transitional
conclusion found in the common tradition has been
retained and is designated by uncini.
I have not normalized the orthography of Pt. The
genitive ending “e" for feminine nouns has not been
expanded to "ae". I have limited my intervention in the
text to the capitalization of proper names and place
names,
The creation of the apparatus criticus and
apparatus fontium was aided by a new editing program
"Norm" developed by Professor Norman Zacour. I wish to
take this opportunity to thank Professor Zacour for
allowing me to utilize this novel program for ny
edition.
Finally it should be noted that the apparatus
fontium attempts, where possible, to indicate the formal
113source of Ivo's citation. Where this occurs, this
decision has been based on careful consideration of the
possible formal source. These findings are discussed
below in the chapter on the sources.
114Edition: Conspectus siglorum
La London, BL Arundel 252
ly Lidge, UB 230
a Munich, Clm 28223
> Munich, Clm 11316
Pa Paris, BN lat. 14315
Pt Paris, BN lat. 10742
sa Sankt Paul im Lavantthal, Stiftsbibl. cod. 22/1
Salzburg, Archabtei St. Peter, stiftsbibl. a.
viii. 15
vo vatican, Ottob. lat. 164
ve vatican, Reg. lat. 340
ve Vatican, Archiv. San Pietro G 19
ve Vatican, Pal. lat. 587
1151. For discussion of the editor's responsibility to
recover the full extent of a manuscript tradition, see
Horst Fuhrmann, "Die Sorge um den rechten Text," in
Geschichte Heute. Positionen. Tendenzen, und Problemen,
ed. Gerhard Schulz (G&ttingen 1973) 9-23, which first
appeared in DA 25 (1969) 1-16.
2. For an excellent discussion of the divergent schools
of editorial theory, see the essay by Leonard Boyle,
"optimist and Recensionist. Common Errors or Common
Variations?" in Latin Script and Letters. Festschrift
presented to Ludwig Bieler on the Occasion of his 70th
Birthday, ed. John K. O'Meara and Bernd Naumann (Leiden
1976) 264-74. Boyle argues persuasively for the
traditional methods of textual criticism based on a
careful analysis and collation of the manuscript
tradition. While he acknowledges the arguments of editors
who elect to follow a single manuscript against the
presumption of a single, critical, "true" edition based
upon "errors", Boyle still maintains the validity and
necessity of editions produced by exam‘natio, eliminatic,
recensioc.
3. See the end of the Prolegomena for the stemma
sodicum.
4. For a brief review of Brandt's career in Basel, see
Guido Kisch, Die Anfinge der juristischen Fakultit der
117Universitat Basel (1459-1519), (Studien zur Geschichte
der Wissenschaft 15: Basel 1962) 77-81. His comments are
summarized in his short essay Die Universitit Basel und
das rémische Recht im flinfzehnten Jahrhundert, (Ius
romanum medii aevi 5.12: Milan 1974) 6. In neither
instance does Kisch discuss Brandt's edition. See also
Roderich Stinzing, Geschichte der populiren Literatur des
xomisch-kanonischen Rechts, (Leipzig 1867, rp. 1959) 459.
In his introductory letter, Brandt reassures his audience
that Ivo's collection is indeed a useful text: "Non
arbitereris velim ab ivone collecta decreta nusquam alibi
comperiri quippe que magis pro parte in decretorum
gratiani compilatione hodie inserte reperiunt quemadmodun
suis locis annotatum remissumque contueri licet." For
recent discussion of Brandt's motives behind his edition,
see the essay by Peter Landau, "Die Rubriken und
Inskriptionen von Ivos Panormie. Die Ausgabe Sebastian
Brants im Vergleich zur Lowener Edition des Melchior de
Vosmedian und der Ausgabe von Migne," BMCL NS. 12 (1982)
31-49 at 39. Some of the contemporary confusion, or even
lack of interest, in early canonical texts can be seen in
the fate of a Panormia which belonged to the Carthusians
of Utrecht in the early fifteenth century, now Utrecht,
UB 621. The manuscript had been a gift from a certain
Herbernus de Donk, a canon of the Marienkirche. It
apparently survived because the monks could not
subsequently sell it! For a description of the manuscript,
118the Cataloqus codicum manuscriptorum bibliothecae
universitatis (Utrecht 1887) 167 and, especially, J.P.
Gumbert, Die Utrechter Kartiuser und ihre Blicher im frilhen
15. Jahrhundert (Leiden 1974) 125, 303-304.
5. "Ego vero pridem librum quemdam decretorum
venerabilis ivonis episcopi carnotensis antea paucis
nostri seculi hominibus perspectum reperissem..."
6. Melchior Vosmedian, "A christiano lectori," PL 161.
1039-40: “Habes igitur, christiane lector, ivonem nostrum
cum theologis juris peritissimum, et cum iure consultis
theologum gravissimum, et variae lectionis virum, non
multilum, non mancum, non mendis redundantem, non
corruptum ut antea; sed perfectum, integrum, verum et
emendatum, nec nudum ut antea, sed multis iam indicibus
et annotatiunculis tanquam vestibus ornatum." For a brief
biography of Vosmedian, see Henri Wagon, "L'université de
Louvain et les éditions de textes et anciens commentaires
de droit canonique," in Congraés de droit canonique
médiévale (Bibliotheque de la revue d'histoire
ecclesiastique, fasc. 33: Louvain and Brussels 1958) 13-
24 at 19 n. 18. Vosmedian enjoyed the patronage of Phillip
II in his later career and was appointed Bishop of Guadix
in spain in 1560, a position he later renounced in 1574.
7. See note 4 above. Landau has significantly extended
the work begun by Jacqueline Rambaud-Buhot in her brief
119study "Les sommaires de la Panormie et l'edition de
Melchior de Vosmedian," Traditio 23 (1967) 534-36.
Rambaud-Buhot was the first modern scholar to call into
question the accepted view of the direct transmission of
many Panormia rubrics into Gratian. For an elaboration of
her discussion, see Landau, n. 4 above, 32. See also the
y by Charles Munier, "Pour une 6dition de la Panormie
d'Ive de Chartres," Révue di
sciences religieuses 44
(1970) 210-29, who focusses on the rubrics of a single
manuscript, Strasbourg, UB 90. Munier's analysis of the
Prologue to this Panormia is also of interest in the
reconstruction of the text's descent, on which see below.
Additional discussion of the Panormia's rubrics can be
found in the recent note by Gérard Fransen, "La tradition
manuscrite de la Panormie d'Ives de Chartres," BMCL NS 17
(1987) 91-95. Fransen discusses the apparent accretion of
copyists’ rubrics in the evolution of the Panormia, and
also briefly examines two Munich manuscripts, Clm 6354 and
28223. For analysis of selected sections in the Panormia
manuscripts examined for this present study, see Appendix
B.
8. Landau, n.4 above, 35
9. Ibid., 34. Landau is emphatic in his criticism of
the Migne edition: "Man muss Bendenken haben, den Migne-
Text Uberhaupt als Nachdruck zu bezeichnenj es ist eher
120der Versuch einer Neuedition nach einem fir das 19.
Jahrhundert anachronistischen Masstab."
10. Tbid. Landau examined seven out of the nine Panormia
manuscripts in the Bayerische Staatsbiblicthek. Through
this analysis, he made the first extensive critical study
of the Panormia tradition since the work of Fournier and
Bliemetzrieder, on which see below. The study also joins
the monograph of Bliemetzrieder as the only significant
study of non-French manuscripts of an Ivonian collection.
1, Ibid.
22. Brant also provides rubricated divisions throughout.
the text at the beginning of each citation. on these
rubrics, see below in the discussion of the manuscript
tradition.
13. These rubrics precede the texts on episcopal
translation and the restoration of deposed bishops, both
examples of dispensation illustrating consideration of
necessity and context. Almost all manuscripts are divided
at these places, either through a marginal or textual
rubric, or with capital letters or parafs. Again, see
below for additional discussion.
24. None of the inscriptions to Biblical citations are
found in the manuscripts, save for occasional occasional
marginal notes such as "apostolus." The inscriptions have
122all been added by Brant. As for the patristic citations,
the manuscripts only rarely give inscriptions, for example
in the Berlin manuscript of transmitting the Prologue with
Tripartita on fol. 24ra~
marginal which gives a marginal inscription on fol. 27ra
Ivo
vb, which provides a
to the letter from Cyril of Alexandria: "Cirillius." For
more on this manuscript, see below in the discussion of
the Prologue's transmission with Ivonian-derivative
collections in the chapter on legal Nachleben. There is
also one inscription found only a few manuscripts and not
at all in the printed versions, where Ivo begins his
@iscussion of the distinction between precept and
prohibition. While rubrication is fairly common here in
the tradition, three manuscripts added an additional
inscription “augustinus de libro mendacio" (London, BL
Addit. 18371, Paris, BN lat. 3866, and Vatican, Vat. lat.
1360), all of German origins. In each case, the
inscription is in the rubricator's hand. The reference
is most likely to the passage in the De mendacio where
Augustine discusses Paul's circumcision of Timothy as an
example of precept, not of deception (simulatio). on the
importance of this text in the background to the glossed
Prologues, see the chapter on extra-legal Nachleben.
15. See the introductory printed in PL 161.1037-38:
",..dllum quaerere per biblicthecas, cum publicas tum
privatas minime destiti; sed quem quaesitum invenire non
122potui, casu reperi, nec unum exemplar, sed duo: alterum
a sexaginta fere annis impressum, alterum vero in
pergamena charta vetustissimis characteribus
manuscriptum." For more on Vosmedian's apparent search
of the London libraries, see Landau, n. 4 above, 31-2 and
5.
16. Epistola a christiano lectori, PL 161.1039-40: "Ad
haec centum summaria, quae diserabuntur adjeci; et capitum
distinctiones toto opere apposui: praeter alia multa quae
ipsae restitui et emendavi." See also Landau, n.4 above,
35.
17. Brant, Epistola dedicatoria: “Dividit autem Ivo
noster opus suum in octo partes quas singulas cum suis
titulis quia mox inferius annotatas invenies: hic
recensere pretermitto, ne actum agere videar."
18. A brief note at the conclusion of the edition (fol.
178r in the copy in the Bayerische Staatsbibliothek) gives
the date of printing and the pre:
"Reverendi
peritissinque iuris consulti ivonis pannormie charnotensis
episcopi commendatissimi de varia scripturarum
distinctione (divina opitulante gratia) expensis Michaelis
Furter elaborata anno fructiferi incarnationis MccccxcIXx
mensis martii die sexta feliciter explicuit.”
19. These readings include: 178 precedere] ipsa rigoris
123disciplina add B Wg; 247 compassione} hoc peccatum add B
Md Wg; 262 rigat] fundende sunt preces add B Ma Mdpe V:
382 sequantur] et deum recte colant add B Le Mc Vg Vx;
For a discussion of the group of glossed Panormia
Prologues, again see below in the chapter on extra-legal
Nachleben.
20. See George F. Warner and Julius P. Gilson, Catalogue
of Western Manuscripts in the Old Roval and King's
Collections in the British Museum 2 vols. (London 1921)
1.357-58. Leland's manuscript list of the northern
manuscripts--among them the Royal Decretum--is preserved
in London, BL Royal Ms. App. 69, fol. ir. (See also below
for further discussion of this Decretum manuscript.) For
a concise examination of the dissolution, including
Leland's travels, see C. E. Wright, "The Dispersal of the
Libraries in the Sixteenth Century," in The English
Library before 1700, ed. Francis Wormald and C.E. Wright
(London 1958) 148-75 especially at 161-62 for discussion
of Leland's list of manuscripts.
21, See the discussion below in the section of the
chapter on extra-legal Nachleben that treats the
independent transmission of the Prologue as a treatise.
22. For a recent survey of the Decretum's printed history
and its manuscript tradition, see Peter Landau, "Das
Dekret des Ivo von Chartres. Die handschriftliche
124Uberlieferung im Vergleich zum Text in den Editionen des
16. und 17. Jahrhunderts," ZRG KA 70 (1985) 1-44. Like
his study of the Panormia, this monograph provides the
first modern analysis of the text's descent. As Landau
notes (pp. 3-4), the Decretum was not considered authentic
until the appearance of the Molinaeus edition and was
generally confused with the derivative Collection in Ten
Parts. For an example of this confusion, see Johannes
Trithemius, De scriptoribus ecclesiasticis (Frankfurt
1601): "Scripsit (Ivo)...ex canonibus sanctorum
compendiosum Decretum, quo ante Gratiani tempora utebantur
iuristae, quod praenotavit panormiam li. 10."
23. Ibid., 3-4. See also Antonio Augustinus, De quibusdam
yeteribus canonum ecclesiasticorum collectoribus judicum
ac_censura (Rome 1611) c. 30, where he discusses the
Decretum in light of the Molinaeus edition.
24. Gérard Fransen was apparently the first to call
attention to the discrepancy between the introduction
printed by Migne and the "authentic" version of the 1561
edition. See the brief remarks in his review of
Fuhrmann's Einfluss und __Verbreitung _der _Pseudo-
Isideriechen Falschungen, RHE 70 (1974) 786. The comments
are repeated without elaboration in his article
“wanuscrits des collections canoniques," BMCL ns. 6 (1976)
12567-71 at 70. Landau repeats these observations without
additional comment, n. 22 above, 7.
25. In a letter of November 6, 1986, Professor Landau
writes that the exemplar containing the “later version"
4s found in the British Library and the Bibliotheque
Nationale in Paris, while the presumed original" version
is available at Regensburg and Louvain. My own examination
of both exemplars available in Munich--in the Bayerische
Staatsbiblicthek and the library of the Monumenta
Germaniae Historica--show that they are of the latter
form. Watermark analysis has also provided some
information about the origins of the copy in the
possession of the Monumenta. The watermark depicts a
walking pilgrim with staff in hand, a figure which
corresponds to no. 7576 in Charles Moise, Les filigranes.
Dictionnaire historique des marques du papier dés leurs
apparition vers 1282 jusqu'en 1600 4 vols. (Paper
Publications Society: Paris 1968) no. 7576. The mark
originated in Udine towards 1593 and spread with
variations throughout Italy. The watermark is also
described by Aurelio Zonghi, Zonghi's Watermarks., ed.
Aurelio Zonghi, et al. (Monumenta chartae papyraceae
historiam illustrantia 3: Hilversum 1953) 48, no. 1707 and
pl. 122. A hand of the seventeenth century has added some
notes on the title page: "lovigno, citta e studio
famossim< > in barbanta. lib, olim R.P. mag.
126Angelici jlappini de Bononia." The copy was apparently
printed under license in Italy und belonged to a Bolognese
master. I have been unable to identify him. Neverthele:
the Italian provenance of this exemplar does provide a
good example of the wider dissemination of the second,
“yulgate," version of the Molinaeus preface. I have been
recently informed by Professor Landau that a third version
now has come to light in the copy of the Molinaeus edition
at the Institute of Medieval Canon Law at Berkeley.
26. Molinaeus, Epistola dedicatoria: "Quod vero ad me
pertinet, quantum laboris in editione exhauserim, ex
collatione codicis tui manuscripti, cum eo quem nunc
emittimus, optine scire poteris. Equidem ut Regii codicis
tui hiatus, ac lacunas omittam, plerumque integri versus
vel inducti erant, vel praeteriti, denique argumenta
librorum deerant, quas difficultates fateor, citra
alterius exemplaris, (dein ad nos quod Colonia transmissum
est) opem, nunquam licuisset superare." See also, Landau,
n. 22 above, 7.
27. For a brief biography of Molinaeus, see the entry by
G. Lepointe, DDC 5.67-70. The chief literary source for
Molinaeus' career at Louvain is the biography by J.N.
Paquot, Menoires pour servir a l'histoire littéraire des
dix-sept provinces des Pays-Bas de 1a principaute de Ligce
et de quelques contrees voisines 18 vols. (Louvain 1769)
17.405-12. Molinaeus's initial conflict was with a fellow
127doctor of laws, Ramus, in opposition to a royal plan to
create new bishops in the region and to assign certain
abbeys to them. Molinaeus' later public criticism of the
bishops who had supported the royal plan ended his career
and apparently brought on a mental collapse. According
to Paquot, Molinaeus died in confinement, a victim of
self-imposed starvation. For a study of the law faculty
at Louvain in the second half of the sixteenth century--
including Molinaeus--see Henri Wagon, "Les lecons ad
Decretum Gratiani a la faculte de droit canonique de
l'ancienne universite de Louvain (1426-1797) ," SG 3 (1955)
569-98 at 579-1
0.
28. In addition to occasional personal references to
Fresnda, a reference to the printer Gravius is also not
repeated in the second preface: "Quod vero etiam
elegantissimis et maiusculis literarum formis ut
Bartholomaeo Gravio excuderetur curaveri:
sane est quod
tibi gratias immortales agat etiam respublica, cui tantun
bond quod tibi uni habere licuit, non invideris." The
absence of this comment, among others, provides strong
circumstantial evidence that the second preface, composed
perhaps after 1570, attempts to disassociate the earlier
sponsors of the edition from Molinaeus.
29. In his initial description of the Decretum's origins
and Ivo's career, Molinaeus draws an implicit parallel
128between the turmoil of Ivo's day and the conflicts of his
own time: “Opus sane cum laboranti et afflictae ecclesiae
dei, plurimum serviens: tum omnibus sacrarum,
canonicarumve rerum stodiosis cumprimis necessarium." In
another passage, Molinaeus describes the ascendancy of the
Panormia over the Decretum and praises Fresneda for his
recovery of the authentic Decretum. The difference between
the two versions of the preface shows the derivative
nature of the second preface, though Fresneda is still
praised, albeit in different words. The common version
explain the Panormia more fully than the earlier version,
a good indication of an augmented, later text. In both
versions Fresneda is praised, but his role in the
"discovery" of the Decretum is more explicit in the first
preface. The language of the second version is more
fulsome and vague.
30. ‘The passage appears only in the original version:
“Quantopere porro Ivo noster ordini studuerit, in
Praesenti opere consarciendo, ipse de se locupletisimus
est testis, dum initio proloquii ait. ‘A fundamento itaque
Christiane religionis id est fide inchoantes, sic ea quae
ad sacramenta ecclesiastica, sic ea quae ad instituendos
vel corrigendos mores, sic ea quae ad quaeque negotia
discutienda vel difinienda pertinent, sub generalibus
titulis distincta congessimus, ut non fit quaerenti
129necesse totum volumen evolvere, sed tantum titulum
generalem suae quaestioni congruentem notare, et ei
subiecta capitula, sine interpellatione transcurrere.'
Hactenus Ivo noster, qui dici non potest, quantum hac
facillima elegantissimaque methodo sua, omnes huiusce artis
cultores inverit."
31. See Landau, n. 22 above, 8-11.
32. Ibid., 16, 27-8.
33, Ibid., 27-28. It has been recently suggested that
the Cologne manuscript may have followed the route to
England taken by a manuscript of the Collectio Lanfranci
brought by Petrus Crabbe for the second edition of his
Gonsilia (1551) on which see Detlev Jasper's review of
Landau's article in DA 41 (1985) 587-88. The chaotic state
of the English religious houses during the dissolution
makes this hypothesis attractive, if not certain.
34. Ibid. The discovery of the Vienna Decretum
manuscript--assuming it in fact existed at one point--
cited by Theiner would help to clear up the manuscript
tradition. It is, however, likely that this manuscript
was the invention of Theiner. In his essay “Uber Ivo's
vermeintliches Dekret," (Vienna 1832) 46-47, Theiner
mentions a Decretun in Vienna but fails to give a
signature or library. As Landau notes, Fournier first
130accepted, then rejected, the existence of this manuscript.
The title given the manuscript by August Theiner, in his
Disquisitiones criticae in _praecipuas _canonum _et
decretalium collectiones (Rome 1836) appears at the
beginning of the Royal Decretum: "Incipit prologus domini
Ivonis Carnotensis episcopi ante collectionem
ecclesiasticarum regularun de conventientia et
@ispensatione eorundem." His argument that the “ante”
represents the reluctance of the medieval librarian to
ascribe the work to Ivo is specious, for it could have
been written for either collection or, for that matter,
for neither in particular. See also Franz Bliemetzrieder,
Zu_den Schriften Ives von Chartres (+1116). Ein
Literargeschichtliche Beitrag, (SB Vienna 182 (1915):
vienna 1917) 76-77, who also searched in vain for the
Vienna manuscript.
35. Ibid., 18. For a brief description of these
manuscripts, see also pp. 9-10 and, for the Royal
manuscript, the description by Warner, n. 22 above. Both
manuscripts were written in England, and it is very
unlikely that either left its cathedral library before
acquisition by the Crown. They must be excluded, as
potential direct models for Molinaeus. See also below,
for a detailed discussion of these manuscripts and their
Prologues.
13136. Ibid., 30, n. The reading “venerabilis" at 1.63
agrees with the manuscripts.
37. ‘The marginal readings in the Prologue include:
Edition Variant
corpus opus
ceciderit exciderit
damnabili damnpnabili
apostolicis viris add in mara.
Fronteau later incorporated these readings without comment.
into his edition. They then passed into the Migne edition.
For some examples of Panormia Prologues that transmit some
of these variants, see the apparatus criticus entries for
La and Ma.
38. Collation of the Molinaeus Prologue with the
manuscripts has revealed a fundamental agreement, with
only two variant readings without apparent foundation in
the manuscript tradition of the Decretum. In both cases,
“gratiam" for “gloria” and “plurima" for "plura," the
difference is easily attibuted to misreading the text.
39. See Landau, n. 22 above, 11-2 for a brief description
of the Palatine Decretum. The Prologue is partially
132damaged and its conclusion is unreadable on microfilm. I
wish therefore to thank Dr. Claudia Martl (Munich) for
examining the:
folia for me. For further discussion of
‘the Prologue in this manuscript, see below.
40. bia.
41, Ibid., 18-23. In most places, the divisions in the
Victorinus manuscript appear to have been added later,
though still in the twelfth century. There are no true
rubrics, only occasional parafs of an early form. These
have generally squeezed into the text before citations.
42, Ibid., 25: "Der Codex Palatinus ist wegen der Nahe
seiner Kapitelfolge zur ordnung der ‘Edition
bemerkenswert.""
43. Ibid., 31, for a brief discussion of Molinaeus'
creations among the rubrics of the text. Molinaeus
sometimes composed new rubrics, for example 2.1-10, or
replaced existing ones, as at 2.13. Still, the extent and
quality of his creative activity could only be judged from
the perspective of a more complete manuscript base, since
‘the Cologne and Regius manuscripts are apparently lost.
Unlike Vosmedian's additions to the Brant edition, we
cannot easily lable Molinaeus's additional rubrics. The
large number of Panormia manuscripts offers a base for
comparisons not available with the Decretum.
13344. Ibid., for an appraisal of Molinaeus' edition and
its faithfulness to the manuscript tradition.
45. Ibid., 5. See also Paul Fournier, "Les Collections
canoniques d'Yves de Chartres," BEC 58 (1897) 26-77 at
27, rp. in Mélanges de droit canonique, ed. Theo Kélzer
(Aalen 1983) 506, and in Paul Fournier and Gabriel Le
Histoire des collections canoniques 2 vols. (Paris
1932, rp. Aalen 1972) 2.67-8
Bri
46. Ibid., 6
47. Fronteau, Epistola dedicatoria PL 161.11-2: "Munus
hoc, opinor, non despicias, quia continet, et quo aliis
praecellis, summa eruditionem."
48. The dossiers in the Bibliotheque Nationale were first
noted by Fournier, who lamented that Gellé's scholarship
had gone unedited and unstudied. See Fournier, “Les
collections canoniques," 506-7. See also Landau, n.22
above, 41-43 for a further discussion of the Maurist's
work. Landau believes that Gelle only knew the Victorinus
and Colbertinus Decretum manuscripts--the latter now BN
lat. 3874.
does suggest, however, that Gellé may have
known the Second Collection of chalons contained in
Chalons BM 75. For more on this collection and its
transmission of the Prologue, see below in the chapter on
the Prologue's legal Nachleben. As for the dossiers, the
134