UTA-RENATE BLUMENTHAL President of the American Catholic Historical Association 1997 The Catholic Historical Review VOL. LXXXTVAPRIL, 1998No. 2 THE PAPACY AND CANON LAW IN THE ELEVENTH-CENTURY REFORM Uta-Renate Blumenthal* In the eleventh and early twelfth century the age-old Christian concepts of individual renewal, renovation, restoration, and reformation took on a new and wider meaning. The ideal of individual Christian renewal was linked with the notion of the renewal of society as a whole, that is to say of the Church as a whole.1 This renewal, a remarkable unfolding of intellectual sophistication, coincided not only chronologi- cally with what is justly called the "Twelfth-Century Renaissance"; it was part and parcel of the same developments.2 They were accompa- "Dr. Blumenthal is a professor of history in the CathoUc University of America. She read this paper as her presidential address at a luncheon held in the Sheraton Seattle Hotel and Towers on Saturday, January 10, 1998, during the seventy-eighth annual meeting of the American Catholic Historical Association. 'For further literature see Gerhard B. Ladner, "Two Gregorian Letters: On the Sources and Nature of Gregory VH's Reform Ideology," Studi Gregoriani, 5 (1956), 221-242, esp. 224 f.with a quotation from a letter of Gregory VII:". . . Quapropter quod in ecclesia . . . corruptumfuit et est, nos ad honorem Dei et salutem totius christianitatis innovare et restaurare cupimus . . ." (JL 5006). Throughout this paper the abbreviation "JL" indicates the calendar of papal letters compiled by Vh.]aííé,Regesta pontiflcum romanorum, 2nd rev. ed., edd. S. Loewenfeld, F. Kaltenbrunner, and R Ewald (2 vols.; Leipzig, 1885 and 1888; reprint Graz, 1956). The term, originally coined by Charles Homer Haskins in response to Jakob Burck- hardt's concept of the Renaissance, has been confirmed in Robert Benson and GUes Constable with Carol D. Lanham, Renaissance and Renewal in the Twelfth Century (Cambridge, Massachusetts, 1982), celebrating the fiftieth anniversary of the publication of Haskins' Renaissance of the Twelfth Century (Cambridge, Massachusetts, 1927). Eccle- siastical renewal (cf. the remarks by the editors on p. xxviii) as well as the equally significant economic revival are not part of the considerations. See now Giles Constable, The Reformation of the Twelfth Century (Cambridge, England, 1996), and PhyUis G. Jestice, 201 202THE PAPACY AND CANON LAW IN THE ELEVENTH-CENTURY REFORM nied by a new emphasis on ancient as well as familiar collections of canon law and the rediscovery of Roman law.3 My topic forms one aspect of this renaissance. Paul Fournier's famous papers on Roman canonical collections at the time of Gregory VII and on the pontificate of Urban II as a turning point in the history of canon law have provided an invaluable basis for much subsequent work, but they presupposed the "Gregorian" reform as a. fait accompli, ascribing "Gregorian" collections to reformers in the circle of the contemporary pontiff, Gregory VII (1073- 1085).4 1 would like to look at canonistic materials, the reform, and the papacy from a different perspective. These remarks will explore canon law as origin, inspiration, and source for the renewal and reform of the Church in the eleventh century, particularly with regard to reform of and by the papacy. Scholarship of the last decade or two has thoroughly revised the old assessment dating back at least to the Magdeburg Centuries that the eleventh-century reform was based on a rediscovery of the PseudoIsidorian forgeries, "Nicht Pseudo-Isidor, sondern die Kirche wurde neu entdeckt!" Horst Fuhrmann convincingly concluded his magisterial analysis of the fate of the False Decretals in Rome since the 870s. This fabrication, very likely compiled around 850 near or at Reims to defend episcopal rights, was available at the papal court and even cited hap- hazardly in papal letters for almost two hundred years before Pope Leo IX and his collaborators in December, 1053, used excerpts from the Decretals in support of their conviction of the pre-eminent place of the Roman See in correspondence with Africa (JL 4304, 4305) and Constantinople (esp. JL 4302).5 It has been said that in these letters "there Wayward Monks and the Religious Revolution of the Eleventh Century (Leiden, New York, Cologne, 1997). äFor the latter, see Stephan Kuttner,"The Revival ofJurisprudence," in Renaissance and Renewal, pp. 299-323, esp. 304 ff. 'Paul Fournier,"Les CoUections canoniques romaines de l'Epoque de Grégoire VII,"Mémoires de l'Académie des Inscriptions et Belles-Lettres, 41 (1920), 271-396, and idem, "Un tournant de l'histoire du droit: 1060-1140," Nouvelle revue historique de droit français et étranger, 41 (1917), 129-180. Peter Landau recently upheld Fournier's point of view, but Landaus perspective is very different (Landau, "Wandel und Kontinuität," [as in ?. 9 below] , pp. 229 f.). 'Horst Fuhrmann, Einfluß undVerbreitung derpseudoisidorischen Fälschungen von ihrem Auflauchen bis in die neuere Zeit ("Monumenta Germaniae Histórica," Schriften, Vol. 24/1-3 [Hanover, 1972, 1973, and 1974]) here Vol. 2, pp. 339-353, quotation on p. 353. For a différent approach but simUar conclusions see Ronald Knox,"Finding the Law; Developments in Canon Law during the Gregorian Reform," Studi Gregoriani, 9 (1972), 419-466. BY UTA-RENATE BLUMENTHAL203 appears a conception of the primacy differing significantly from that of the pre-reform period" with an emphasis on a second, alternative "Roman tradition" elaborated, for example, by Pope Leo I and Pope Gregory I. This second view, for centuries only a shadowy presence if that, sees Peter as princeps apostolorum and Rome "as head of all the churches." The concept was emphatically represented by the Constitutum Constantini.6 The "Donation of Constantine" used by the papacy in the letter of 1053 to Michael Kerullarios, patriarch of Constantinople, was ultimately derived from the version transmitted by the PseudoIsidorian Decretals.7 It may be said, therefore, that beginning Ln the 1050's papal letters increasingly paid attention to and used the PseudoIsidorian Decretals, not, however, that they were suddenly discovered in a forgotten, dusty corner of the papal archives. Pseudo-Isidore, therefore, does play a role in eleventh-century developments, constituting a ready reservoir of ringing statements about the nature of papal authority. They were modified and adapted without hesitation when they were at odds with eleventh-century views, but were invaluable nevertheless in providing legal support for both old and new themes. A comparison of Pseudo-Isidorian materials, both authentic and false, found in the Decretum of Burchard of Worms around 1022 with those found in Gratian's Decretum of 1140" revealed a stark numerical contrast: 141 excerpts in Burchard versus 400 in the case of Gratian, very largely a result of the activities of collectors between c. 1080 and 1 100.9 6I. S. Robinson,/l«f&orz'i)' and Resistance in the Investiture Contest: The Polemical Lit- erature of the Late Eleventh Century (Manchester and New York, 1978), p. 26, with fur- ther Uterature in the notes on p. 52. Fuhrmann, op. cit. ,II, 353. For the Roman primacy in general see Hubert Mordek, "Der römische Primat in den Kirchenrechtssammlungen des Westens vom IV. bis VIIL Jahrhundert," in // Primato del vescovo di Roma nelprimo millennio: Ricerche e testimonianze, ed. Michèle Maccarrone (Pontificio Comitato di Scienze Storiche, "Atti e documenti," Vol. 4; Atti del Symposium storico-teologico, Roma, 9-13 Ottobre 1989 [Vatican City, 1991], pp. 523-566, and Rudolf Schieffer,"Der Papst als Patriarch von Rom," in the same volume, pp. 433-451, and ibid., pp. 707-736, the stimulating paper of Horst Fuhrmann, "Widerstände gegen den päpstlichen Primat im Abend- land." 'Fuhrmann, Einfluß und Verbreitung, II, 383-385. The most recent article regarding Gratian's work is Anders Winroth,"The Two Recen- sions of Gratian's Decretum," Zeitschrift der Savigny-Stiflungfür Rechtsgeschichte, Kan. Abt. 83 (1997), 22 ff. 'Peter Landau, "Wandel und Kontinuität im kanonischen Recht bei Gratian," in Sozialer Wandel im Mittelalter: Wahrnehmungsformen, Erklärungsmuster, Regelungsmechanismen, edd. J. Miethke and K. Schreiner (Sigmaringen, 1994), pp. 215-233, here p. 218 f. It should be noted that as Landau demonstrated " [es] erscheinen bei Gratian sehr häufig andere TextsteUen oder anders abgegrenzte Textfragmente als bei dem Wormser Bischof." 204THE PAPACY AND CANON LAW IN THE ELEVENTH-CENTURY REFORM Old texts read from a new perspective could and did wreak havoc when they were used to take the measure of conventional ideas and customary practices. One dramatic illustration is a passage from the Romuald Vita of Peter Damián. Damián reminded readers how Romuald was almost slain by clerics who, Romuald claimed, were simonists, because money had changed hands at the time of their ordinations, a "custom [that] was widespread throughout that monarchy till the times of Romuald, and hardly anyone knew that this sin was the simoniacal heresy," Damián explains to his readers in an aside. Romuald saved himself, when he succeeded in persuading the clerics that they, indeed, were guilty of this crime. It was a simple task: he ordered them to get out their canonical collections: "Bring me your books of canons, and prove by the witness of your pages that I am speaking the truth!"10 Enthusiastic and diligent search for what appeared useful among canonistic writings is documented again and again by mid-century. Anselm, the biographer of Bishop Wazo of Liège (d. 1048), recorded in the 1060's how Wazo, described as scrutator studiosissimus, and his assistants searched the gesta pontiftcum Romanorum, their decreta, and the auténticos cañones in order to come up with a correct response to an inquiry sent to the bishop by Emperor Henry III (d. 1054) in connection with the election of a successor to Pope Clement II (d. 1048). The reply declared that neither divine nor human laws anywhere—and the holy fathers agreed tam dictis quam scriptis—would state anything other than that the pope could be judged by no one except by God alone." There was nothing new about this argument except its application. It is for Bernold of Constance better than for anyone else that recent scholarship has succeeded in illustrating how manuscripts were studied with an eye for contemporary needs, how excerpts were made, and how citations found their way into new collections, letters, and trea'"Petri Damiani Vita beati Romualdi, ed. Giovanni Tabacco ("Fonti per la Storia d'ltalia," Vol. 94 [Rome, 1957]), c. 35, here p. 75, lines 9-18; for further literature see J. Joseph Ryan, Saint Peter Damiani and His Canonical Sources (Pontifical Institute of Mediaeval Studies, "Studies and Texts," Vol 2 [Toronto, 1956]), p. 23, text #2, and Hans Peter Laqua, Traditionen und Leitbilder bei dem Ravennater Reformer Petrus Damiani (1042-1052) ("Münstersche Mittelalter-Schriften," Vol 30 [Munich, 1976]), pp. 51 f., ?. 39 and esp. p. 54 with n. 49 with the suggestion that the text speaks to Damián rather than to Romuald. "Anselm, Gesta episcoporum leodiensium, c. 65, ed. R. Koepke ("Monumenta Germa- niae Histórica," Scriptores,Vol. 7 [1846; repr. 1995]), pp. 228 f. See also Hartmut Hoffmann, "Von Cluny zum Investiturstreit," ^raf«'i>/«r Kulturgeschichte, 45 (1963), 165-203; repr. with additions in Cluny: Beiträge zu Gestalt und Wirkung der cluniazensischen Reform, ed. Helmut Richter ("Wege der Forschung," Vol. 241 [Darmstadt, 1975]), pp. 319-370,here34lff. BY UTA-RENATE BLUMENTHAL205 tises. The hands of Bernold and of two other clerics at Constance have been identified in extant manuscripts. Marginal and interlinear glosses show how manuscripts were used as notebooks, consulted, discussed, and sometimes copied when Bernold was at work on his polemical letters. His high regard for the Council of Nicaea (325), his concern for priestly celibacy, but also his views on papal authority emerge as clearly from the glosses as do his scholarly skills and style of argumentation.12 The two most widely accepted theories regarding the roots of the reformation of the eleventh century postulate first the influence of Lotharingian schools of law and secondly the spread of monastic reform, with the latter theory taking pride of place." Once the Lotharingian theory has been rejected as it must be, given Fuhrmann's work, and with a more realistic evaluation of the role of Cardinal Humbert of Silva Candida, a monk at Moyenmoutier and relatively uneducated prior to his arrival in Rome," the suggestion that canonical collections influenced the eleventh-century reform in Rome has so far received relatively Uttle attention.15 One reason for this may be exaggerated claims by some scholars, such as that the reform was centrally directed on the basis of a handbook, a collection like the compilation in Seventy-Four Titles, for instance, analyzed by Paul Fournier in a memorable phrase as "Earlier literature is indicated in the recent paper by Linda Fowler-Magerl, "Fine Distinctions and the Transmission of Texts," Zeitschrift der Savigny-Stiftung für Rechts- geschichte, Kan. Abt. 83 (1997), 146-186, esp. pp. 166 f.; Martina Stratmann, "Zur Rezeption Hinkmars von Reims durch Bernhard von Hildesheim und Bernold von Konstanz," Deutsches Archiv, 44 (1988), 170-180; I. S. Robinson, "Zur Arbeitsweise Bernolds von Konstanz und seines Kreises: Untersuchungen zum Schlettstädter Codex 13," Deutsches Archiv, 34 (1978), 51-122, esp. pp. 57 f., 94 ff, 100, 112; idem, Bernold von Konstanz und der gregorianische Reformkreis um Bischof Gebhard III. , Freiburger Diöze- san-Archiv, 109 (1989), 155-188. Stratmann has shown that Bernold's De excommunicatis vitandis used the Hincmar texts as transmitted and elaborated by Bernard. The study of Johanne Autenrieth, Die Domschule von Konstanz zur Zeit des Investiturstreits: Die wissenschaftliche Arbeitsweise Bernolds von Konstanz und zweier Kleriker dargestellt auf Grund von Handschriftenstudien (Stuttgart, 1956), remains fundamental. —Professor Fowler-Magerl has kindly allowed me to see her article ahead of publication, and I would like to thank her once again. "A convenient summary is found in I. S. Robinson,Authority and Resistance, pp. 1-11. "Blumenthal, art. "Humbert von Silva Candida," Theologische Realenzyklopädie, 15 (1986), 682-685; cf. Fuhrmann, Einfluß und Verbreitung, II, 340: "Vom Vorleben jener 'Franzosen und Lothringer' her gesehen, ist ein stärkerer Akzent auf den Falschen Dekre- talen nicht ohne weiteres anzunehmen. . . ." 15Cf. Hubert Mordek, "Kanonistik und gregorianische Reform: Marginahen zu einem nicht-marginalen Thema," in Reich und Kirche vor dem Investiturstreit: Vorträge beim wissenschaftlichen Kolloquium aus Anlaß des achtzigsten Geburtstags von Gerd TeIlenbach, ed. Karl Schmid (Sigmaringen, 1985), pp. 65-82. 206THE PAPACY AND CANON LAW IN THE ELEVENTH-CENTURY REFORM "Le premier manuel de la réforme." The Seventy-Four Titles (74T) now turns out to be a collection dedicated largely to administrative-judicial procedures that were widely applicable; it is even argued that it had been compiled especially for monastic houses.16 Noteworthy remains, however, a more extensive use of the Pseudo-Isidorian Decretals than ever before, except for the early Collectio Anselmo dedicata)1 The reason, I am convinced, was the growing emphasis on papal decretals—if this anachronistic expression be permitted for the sake of brevity— demonstrated so strikingly by the reception of decrees and decretals of Pope Paschal II (1099- 1 1 18). For Paschal decretals vastly outnumbered concUiar canons which still had been the predominant texts preserved in canonical collections for the pontificate of Gregory VII.18 The emphasis of 74T was so unusual that almost immediately a fourth section was added: consisting entirely of concUiar canons.19 A canonical coUection could respond to many diverse needs, and— so it would foUow—would also have been compiled for diverse reasons. The author of 74T as weU as the date of composition are stiU debated,20 but the collection nevertheless illustrates the point. It has "John T. Gilchrist (ed.),Diuersorum patrum sententie siue Collectio in LXXIV títulos digesta ("Monumenta Iuris Canonici," Series B: Corpus Collectionum, Vol. 1 [Vatican City, 1973]) with an English translation and commentary as idem, The Collection in Seventy- Four Titles: A Canon Law Manual of the Gregorian Reform ("Mediaeval Sources in Translation," Vol. 22 [Toronto, 1980]). Paul Fournier.'Le premier manuel canonique de la réforme du XIe siècle," Mélanges d'archéologie et d'histoire de l'École Française de Rome, 14 (1894), 147-223, 285-290; Horst Fuhrmann/Über den Reformgeist der 74-TitelSammlung," Festschriftfür Hermann Heimpel zum 70. Geburtstag (Göttingen, 1972), II, 1101-1120; Linda Fowler-Magerl, op. cit.,p. 153: "The 74T was compüed to support the claims of monastic communities to freedom from outside intervention." 'This is also emphasized by Peter Landau, op. cit. ,p. 218. 18 Figures and bibliography are given in my "ConciUar Canons and Manuscripts: The ImpUcations of Their Transmission of the Eleventh Century" Proceedings of the Ninth International Congress of Medieval Canon Law [Munich, 13-18 July 1992], edd. Peter Landau and Joerg Mueller ("Monumenta Iuris Canonici," ser. C: Subsidia, Vol. 10 [Vatican City, 1997]), pp. 357-379 at 373. 19On what became the Collection in Four Books see John Gilchrist, "Changing the Structure of a Canonical Collection: The CoUection in Seventy-four Titles, Four Books, and the Pseudo-Isidorian Decretals," in In lure Veritas: Studies in Canon Law in Memory of Schäfer Williams, edd. Steven B. Bowman and Blanche E. Cody (Cincinnati, 1991), pp. 93-1 17 with further bibUography '"See n. 1 1 ; Fuhrmann, Einfluß und Verbreitung, II, 486 ff. , presents the füllest and best documented discussion of different theories with extensive bibliographies. Now to be added are the interesting arguments of Fowler-Magerl, op. cit., esp. pp. 152-166. Dr. Fowler-Magerl argues for different stages of composition as well as links to French collections (pp. 156, 165). She would date 747* as it has come down to us "toward the end of the 1050s or beginning of the 1060s . . ." (p. 154), even though she found traces of the BY UTA-RENATE BLUMENTHAL207 been estabUshed that the collection, which survived in relatively numerous copies, indeed was transcribed not only in episcopal circles but also in at least two geographically widely separated Benedictine abbeys, Saint-Denis and Farfa, together with the abbeys' cartularies and thus used in support of their privUeges.21 A second specific use of 74T had a very different purpose. Enlarged by an appendix compiled by Bernold of Constance, the same coUection was brought from Rome to southern Germany to strengthen the papal party there after the events of Canossa. Bernold included in the Swabian appendix a text found under the date of May, 1077, in the register of Gregory VII, but ultimately derived from Gregory the Great. It concerned the deposition and excommunication of kings who disobeyed the commands of the ApostoUc See. Bernold's appendix in general gave "the work a much more powerful thrust," beginning with the question of what to do with excommunicated bishops—an issue highly relevant during Gregory's struggle with Henry FV of Germany, but totally aUen to the anonymous compUer of 74T, who had even increased the protection of bishops from accusations by subordinates compared to the False Decretals.22 StUl another user of the coUection 74T was a monk from the monastery of Hersfeld, an imperial partisan, who wrote the at the time most sophisticated treatise in support of the monarchy, the Liber de unitate ecclesiae conservanda, which could be said to adhere to ninth-century CaroUngian views about the relationship between regnum and sacerdotium." FinaUy, one last example for widely divergent uses of 74T. No less a contemporary of Gregory VII than Bishop Anselm II of Lucca adopted and adapted so many of the chapters of 74T that Friedrich Thaner, editor of the first six books of Anselm's Collectio canonum, in- cluded a partial edition of 74T as collectio minor in his footnotes.24 postulated earlier version of 74T in MS Paris, B. N., Nouv.acq.lat. 326 from Saint-Denis, Paris (p. 1 56). Cf. Fuhrmann, Einfluß, II, 490 f., ?. 181 . 21For Saint-Denis see Fuhrmann, Einfluß, ?, 490 f.; for Farfa see the edition by Theo Kölzer, Collectio Canonum Regesto Farfensi inserta ("Monumenta iuris canonici," ser. B, Vol. 5 [Vatican City, 1982]). "Johanne Autenrieth, "Bernold von Konstanz und die erweiterte 74-Titelsammlung," Deutsches Archiv, 14 (1958), 375-394. The texts specificaUy referred to are c. 316 and c. 330 of GUchrist's edition. See also Knox, op. cit., p. 447, and particularly Fuhrmann, Ein- fluß und Verbreitung, ?, 50 1 -506, for an analysis of the distinctions between the PseudoIsidorian Decretals and 74T. Fowler-Magerl hypotheticaUy suggests that Gregory's legate, Archbishop Hugh of Die and Lyons,"brought with him . . . the surviving form of the 74T" to the council of Poitiers held in 1078 ("Fine Distinctions," p. 178). ''Zelina Zafarana, "Ricerche sul 'Liber de unitate ecclesiae conservanda,'" Studi me- dievali, ser. 3. vol. 7 (1966), pp. 617-700. "Innsbruck, 1906-1915; repr. Aalen, 1965. 208THE PAPACY AND CANON LAW IN THE ELEVENTH-CENTURY REFORM While it is true that Anselm, with Bernold of Constance the most fer- vent advocate of papal prerogatives in the eleventh century, relied more frequently on the Pseudo-Isidorian Decretals directly than on the texts from the Decretals assembled in 74T, the powerful influence of the opening titles of the 74T on Anselm of Lucca is undeniable.25 Correspondence aside, the formulations of the primacy in this collec- tion were the earliest canonistic expression of the concept as it was evolving in the context of the eleventh-century ecclesiastical reform, whether the coUection is dated c. 1060 or to the 1070's. It should be noted that Gregory VII himself never quoted 74T; moreover, his policies differed in several respects.26 The same can be said regarding the Col- lectio canonum of Anselm of Lucca, which is often linked with Gre- gory's name and policies. A rubric in one of its manuscripts, BibUotheca ApostoUca Vaticana, Barb. lat. 535, declares that the autentica et compendiosa collectio had been compiled at the time of Gregory VII at this pontiff's request. Without further proof, however, the rubric cannot be taken at face value, for the codex contains a posthumous recension of Anselm 's work. The manuscript in question was written at Lucca during the pontificate of Paschal II (1099-1118). "Gregory the Priest" who commissioned the Liber de vita Christiana from Bonizo of Sutri toward the end of the century, also cannot be identified with Pope Gregory VII under any circumstances.27 No example could show more clearly than 74T that the customary approach to the issue of canon law and reform is too narrow and that scholars StUl are not sufficiently aware of the huge loss of manuscripts that has to be taken into account in any analysis.28 What is striking for aU 2,Cf. Fuhrmann, Einfluß und Verbreitung, ?, 5 12: "96 Kapitel hat Anselm wahrscheinlich den Sentenzen entnommen, 1 37 jedoch den Falschen Dekretalen" with ?. 235. 2"Horst Fuhrmann, "Das Reformpapsttum und die Rechtswissenschaft," in Investiturstreit und Reichsverfassung, ed. Josef Fleckenstein (Konstanzer Arbeitskreis für mittelalterliche Geschichte, "Vorträge und Forschungen," Vol. 17 [Sigmaringen, 1973]), pp. 175-203, here p. 188, ?. 31. Fuhrmann points out that the insert in Reg. 7.2 (p. 461) did not originate in the papal chancery. The first pontiff to quote 74T(c. 260) is Pope Paschal II at the Lateran CouncU of 1110 (Blumenthal, The Early Councils of Pope Paschal II: 1100-1110 [Pontifical Institute of Mediaeval Studies, "Studies and Texts," Vol. 43 (Toronto, 1978)], p. 1 19, c. 4 with further literature). For differences between the policies of Gregory VII and 74T see Fuhrmann, Einfluß und Verbreitung, II, 507 f. and esp. n. 224. 27Kuttner, "Liber canonicus. A Note on 'dictatus papae' c. 17," Studia Gregoriana, 2 (1947), 387-401 , here at p. 388, ?. 7; Fuhrmann, Einfluß und Verbreitung, Lf, 5 10 n. 228. 28Fowler-Magerl, op. cit., is an excellent reminder, as are the recent pubUcations regarding the Collectio Britannica by Martin Brett (see n. 33), Robert SomerviUe (see n. 33), and now Erich Lamberz, "Zur ÜberUeferung des VlI. Ökumenischen KonzUs," Deutsches Archiv, 53 (1997), 1-43, p. 9 with ?. 17, reconfirming the use of die papal archives in BY UTA-RENATE BLUMENTHAL209 areas of reform, be it liturgy, education, clerical morals, or behavior by the laity, is a constant appeal to the sacred authorities. These, therefore, cannot be sought in any particular collection of patristic and canonistic materials. Rather, the "sacred authorities" must be sought in the traditions of the Fathers in the widest sense, frequently, but not necessarily, found in the numerous canonical coUections and florilegia so assidu- ously preserved and compüed by private collectors in the CaroUngian period and earUer. "We may boldly affirm that the very idea of a canon law book' and of its possible authority is definitely outside the purview of all eleventh-century reflexion on the sources of law," wrote Stephan Kuttner as early as 1947.29 Not until 1210 did a pontiff sponsor an official canonical coUection on his own initiative, when Innocent III sent the Compilatio tertia to the University of Bologna. For the eleventh century all attempts to come to simUar conclusions are inconclusive at best. Given the eleventh-century fascination with old texts, the revival of canon law and its usefulness to the reformers for ideological as well as practical reasons, it is not surprising that the period beginning with Burchard's Liber Decretorum (c. 1022) up to Gratian's Concordance of Discordant Canons or Decretum (c. 1 140) is famous for the creation of many new coUections.30 They could be compUed exclusively from old material, but "new" material was usually included as weU.31 By "new" I mean both material that had played only a minor role or no role at aU in canonical coUections up to and including Burchard's Liber Decretorum Rome by the compUer of the Britannica, at least for JE 2448 of Pope Hadrian I. See Landau, op. cit., pp. 230-233, for a Ust oí Britannica texts which are found in Gratian's Decretum. "Stephan Kuttner, "Liber canonicus," p. 398. "'Paul Fournier and Georges Le Bras, /ftsto/re des collections canoniques (2 vols.; Paris, 1931 and 1932; repr. Aalen, 1972), with bibUographical references to Fournier's individual studies is StUl invaluable. For brief introductions to the collections see the handbooks by A. van Hove, Prolegomena ad codicem iuris canonici, 2nd ed. (Mechlin-Rome, 1945); Alfons Maria Stickler, Historio iuris canonici latini (Turin, 1950), and Antonio García y Gar- cía, Historia del derecho canónico, Vol. 1: El primer milenio (Salamanca, 1967). The importance of the canonistic activity from 1080 to 1 100 has been particularly stressed recently by Landau, op. cit., p. 217, and idem,"Die kirchUche Justizgewährung im Zeitalter der Reform in den Rechtssammlungen,'' in La Giustizia nell'alto Medioevo ("Settimane di studio del Centro Italiano di Studi suU'Alto Medioevo," Vol. 44 [Spoleto, 1997], pp. 427-456, at 427 f.:"[die] Rechtsordnung in dem am Ende der Reformzeit stehenden Decretum Gratiani [erhielt] eine Gestalt . . . , die weitgehend auf den erst in der Zeit zwischen 1070 und 1 140 in das kanonische Recht integrierten QueUenmassen beruhte." ä'For examples of coUections consisting of old material and the 'renaissance' of old col- lections see Mordek,"Kanonistik und gregorianische Reform," pp. 74 f. 210THE PAPACY AND CANON LAW IN THE ELEVENTH-CENTURY REFORM or the Collectio duodecim partium and some chronologically "new" canons in most instances.32 Additions to the older corpus of ancient and medieval canonical collections in the eleventh century were derived from papal councils, for example, from papal letters or decretals, in particular those of Nicholas I and Gregory the Great, but Roman archival documents (as in Deusdedit 3.191-189), excerpts from formulary col- lections like the Liber diurnus, the Liber Pontiftcalis, and the Ordo romanus played a role as well. The writings of the Latin as weU as Greek Church Fathers also greatly increased in importance as did Roman law. Much of this material was shared widely, and historians beginning with Theodor Sickel thought of the resulting common source as an intermediate unsystematic and vast compilation of source material that did not survive.33 This hypothetical source collection in turn served like a stone quarry for the collections that have survived, argued Paul Fournier, who was convinced that the undertaking "had been inspired by Gregory Yjj »m -Pj1Jg js unlikely Dut \t must be noted that Gregory's chancery continued the recently revived practice of keeping official registers. The 1Tt is almost impossible to distinguish reform and pre-reform collections. Generally applicable is the thesis of Ovidio Capitani elaborated in his Immunità vescovili ed ecclesi- ologia in età 'pregregoriana' e 'gregoriana' (Spoleto, 1966). The characteristics of Burchard's coUection are still debated. Cf. Fuhrmann, Einfluß, II, 447-450 and 454-458 with a discussion of E Pelster's article, "Das Dekret Burkhards von Worms in einer Redaktion aus dem Beginn der Gregorianischen Reform," Studi Gregoriani, 1 (1947), 321-351. For Burchard's sources see Hartmut Hoffmann and Rudolf Pokorny, Das Dekret des Bischofs Burchard von Worms ("Monumenta Germaniae Histórica," Hilfsmittel, Vol. 12 [Munich, 1991]) with bibliography. For the Collection in Twelve Parts see Jörg Minier, Untersuchungen zur Collectio Duodecim Partium (Münchener Universitätsschriften, Juristische Fakultät, "Abhandlungen zur rechtswissenschaftlichen Grundlagenforschung," Vol. 73 [Ebelsbach, 1989]). 33If there reaUy was such A collection then it might have looked like the Collectio Britannica, the Collectio Barberiniana, and/or the Tripartita attributed to Ivo of Chartres. For a recent discussion and bibliography see Fuhrmann, Einfluß, II, 529-533; for the Collectio Barberiniana (BAV MS Barb. lat. 538) see also Linda Fowler-Magerl, "Vier vorgra- tianische Kanonessammlungen,'' in Aspekte europäischer Rechtsgeschichte, Festgabefür Helmut Coing zum 70. Geburtstag ("lus Commune," Sonderhefte, Vol. 17 [Frankfurt/ Main, 1982]), pp. 123-146; for the Collectio Britannica Robert Somerville with the col- laboration of Stephen Kuttner, Pope Urban LL, the Collectio Britannica and the Council ofMelfl (1089) (Oxford, 1996), and Martin Brett,"Urban II and the Collections Attributed to Ivo of Chartres," in Stanley Chodorow (ed.), Proceedings of the Eighth International Congress ofMedieval Canon Law ("Monumenta iuris canonici," Subsidia, Vol. 9 [Vatican City, 1992]), pp. 1-21, as weU as Peter Landau's analysis oí Britannica excerpts in Gratian's Decretum (op. cit., pp. 221-225 and the appendix, pp. 230-233). The reception of Britannica texts strengthened the legal position of the pontiff (p. 224). ,4Fournier, "CoUections canoniques romaines," pp. 391 and 392. Despite the complete lack of evidence the idea is stiU current; see Robinson,Authority, pp. 39 ff. BY UTA-RENATE BLUMENTHAL211 original register of Gregory VII is still preserved in the Archivio Segreto.35 It shows clear traces of changes, corrections, etc., made by chancery personnel contemporary to the time of entry, and we know that it was consulted and excerpted by collectors such as Cardinal Deusdedit together with other archival material and that it was copied.36 It obviously was not impossible for outsiders with access to the Curia to check the papal registers, make extracts—or even tear out leaves well into the pontificate of Innocent III.37 The respect for the canons as well as the interest in ancient, authentic texts, and increasingly also contemporary papal decrees, was so widespread that it appears quite unnecessary to assume that compUers would have needed papal encouragement before they undertook their researches. The contrary might be closer to the truth, for the research activity just shown for Rome was typical for the eleventh century throughout France and the Empire as weU as Italy. To begin with, not Roman but primarily CaroUngian writings and canonical coUections were sought out, recopied, abbreviated, rephrased at times, and re-employed, quite possibly in a new context. Noteworthy, for instance, is the influence of Hincmar of Reims; for example, a block of texts for Hincmar's Pro ecclesiae libertatum defensione is found in the 74-Titles and related coUections.38 Hincmar's Opusculum LV capitulorum of 870 inspired Bernard of Hüdesheim directly, and indirectly his student, Bernold of Constance, who was familiar with Hincmar's text both through Bernard's De damnatione schismaticorum of 1076 and through the canonical collection of Sémur compüed in Poitiers in the late 1050's.The Libellus of Smaragdus has been identified by J. Joseph Ryan among the canoni"Vatican City, Arch. Segreto, Reg. Vat. 2; see Hartmut Hoffmann, "Zum Register und zu den Briefen Papst Gregors VII.," Deutsches Archiv, 32 (1976), 86-130, and Hans-Eberhard Hilpert, "Zu den Rubriken im Register Gregors VII. (Reg. Vat. 2)," Deutsches Archiv, 40 (1984), 606-61 1. For the critical edition by Erich Caspar see n. 42. "RUdOU0 Schieffer, "Rechtstexte des Reformpapsttums und ihre zeitgenössische Reso- nanz," in Überlieferung und Geltung normativer Texte desfrühen und hohen Mittelalters, edd. Raymund Kottje and Hubert Mordek ("QueUen und Forschungen zum Recht im Mittelalter," Vol. 4 [Sigmaringen, 1986]), pp. 51-69, here pp. 57-60. Schieffer concludes that access to the register was the exception rather than the rule. ''Blumenthal, "Papal Registers in the Twelfth Century," in Proceedings of the Seventh International Congress ofMedieval Canon Law (Cambridge, 23-27 July 1984), ed. Peter Linehan ("Monumenta iuris canonici," Series C: Subsidia, Vol. 8 [Vatican City 1988]), pp. 135-151, and eadem, "Bemerkungen zum Register Papst PaschaUs IL," Quellen und Forschungen aus italienischen Archiven und Bibliotheken, 66 (1988), 1-19. '"Besides Gilchrist's introduction of the critical edition (see n. 16), see idem, "Eleventh and Early Twelfth Century Canonical CoUections and the Economic PoUcy of Gregory VII," Studi Gregoriani,9 (1972), 377-417 at pp. 400 f. 212THE PAPACY AND CANON LAW IN THE ELEVENTH-CENTURY REFORM cal sources of Peter Damián, and Johanne Autenrieth identified manuscripts containing works of Amalarius of Metz and Ratramnus among those that were glossed and excerpted at the cathedral school of Constance in the second half of the eleventh century.39 It might be that the excerpt from Deuteronomy (Deut. 17:8-13), opening the coUection in 74-Titles and the only independent biblical quotation included, was inspired by a passage in Jonas of Orleans' De institutione laicali.40 These examples for CaroUngian precedents reveal once again the strong emphasis on continuity which characterized the eleventh-century reform. It may seem as if I had strayed far afield, but an exclusive focus on Roman material and the papacy would completely distort the picture of the eleventh-century reform and canon law. It is remarkable how the widespread emphasis on the careful scrutiny of received texts and on their sanctity, that is an anxiety to observe them to their full extent, could lead to criticisms of contemporary society that would have been unthinkable in earlier centuries. From the 1050's to the 1070's a certain ambivalence in the appUcation and interpretation of precedents in canon law can be observed; new concepts appear side by side with the customary CaroUngian views and have to be accommodated. The manuscript evidence for the researches and interests of Bernold of Constance mentioned earUer is impressive. No such evidence exists for the papacy. Innumerable manuscripts have been lost everywhere, but the situation for Rome is much worse than elsewhere. Rome as provenance could only be established for a handful of codices by Paola Supino Martini.41 Most of them are liturgical books. At best a delicate "nota bene" mark in the margins, just possibly datable to the eleventh century, may be aU that reveals contemporary interest, unless one deals with martyrologies or necrologies where erasures, additions, and substitutions can be clearly traced. The aU-important links between liturgy and poUtics in later eleventh-century Rome are a topic in their own right, but would lead too far afield in the present context, even though manuscripts establish an undeniable link between martyrologies with the approximately contemporary insertion of papal names and, for instance, c. 23 of the dictatus papae, declaring that by the merits of Saint "J.J. Ryan, op. cit., p. 192; Autenrieth, op. cit. "Book II, c. 20 = PL, Vol. 106, col. 209B. The comparison lepram et leprant is omitted in 74-Titles, 1?. "Roma e Tarea gráfica romanesca (secoli X-XII) ("Biblioteca di scrittura e civUtà," Vol. 1 [Alessandria, 1987]). BY UTA-RENATE BLUMENTHAL213 Peter every canonically ordained bishop of Rome is sanctified.42 Reverence for papal decrees would be a natural consequence. But what about canon law? Papal letters and concUiar decrees are our best source. I alluded earlier to the reliance on the Pseudo-Isidorian Decretals under Pope Leo LX. Little can be said about the short reigns of his immediate successors although the Lateran Council of 1059 under Pope Nicholas II was a momentous event of great significance and its canons became widely known through papal encyclical letters, repetition by his papal successors, and as part of, or additions to, canonical collections.43 It would seem that the best case for juridical interests on the part of a pope could be made for Victor III (1086-1087), to whom Cardinal Deusdedit dedicated his canonical collection, albeit not really in the spirit one might expect from such a dedication.44 Before his election Desiderius, as he was then known, was abbot of Montecassino. It was he who guided the abbey and its scriptorium during its golden age. The register of Pope John VIII was copied by its monks, and several canonistic manuscripts can be associated with the scriptorium as well, including three early and good copies of the Collection in Seventy-four Titles.4i But despite this impressive evidence for his abbacy Victor's re- luctant and extremely brief pontificate once again reveals no sign what- soever of a papal concern with any one particular coUection or that he any more than any of the other popes of the eleventh century stand behind new coUections.46 There is no hint to be found anywhere that Pope Victor III had asked for the collection that Deusdedit dedicated to him. Gregory VII, then, to whose Dictatus Papae I have already referred, would appear to be the exception, for there can be no doubt 42TtUs topic wUl be examined in my study of Gregory VII (forthcoming). For the text see the critical edition of Gregory's register by Erich Caspar, Das Register Gregors VtI. (MGH.Epistolae selectae" [2 vols.; Berlin, Dublin, Zurich, 1920 and 1923; repr. 1967]), p. 207 (Reg. 2.55a, c. 23). Horst Fuhrmann, "Über die HeUigkeit des Papstes,"Jahrbuch der Akademie der Wissenschaften in Göttingen (1980), 28-43. eDetlev Jasper, Das Papstwahldekret von 1059: Überlieferung und Textgestalt (Sig- maringen, 1986); Rudolf Schieffer, "Rechtstexte" (as in n. 36), emphasizes, however, the lack of response to the election decree outside of Rome. "Victor WoU von GlanveU, Die Kanonessammlung des Kardinals Deusdedit (Pader- born, 1905; repr. Aalen, 1967), pp. 29 f., for the dedication. For its interpretation see Blumenthal, "Fälschungen bei Kanonisten der Kirchenreform des 11. Jahrhunderts," in Fälschungen im Mittelalter ("Monumenta Germaniae Histórica," Schriften, Vol. 33, 1-6 [Hanover, 1988 and 1990 for part 6]), Part 2, 241-262, esp. pp. 254 ff. with bibUography. "H. E. J. Cowdrey, The Age ofAbbot Desiderius: Montecassino, the Papacy, and the Normans in the Eleventh and Early Twelfth Centuries (Oxford, 1983), pp. 95 ff. For the register ofJohn VIII see Dietrich Lohrmann, Das Register PapstJohannes VIII. (872-882) ("Bibliothek des Deutschen Historischen Instituts in Rom,"Vol. 30 [Tübingen, 1968]). 46Mordek,"Kanonistik und gregorianische Reform," ? 81. 214THE PAPACY AND CANON LAW IN THE ELEVENTH-CENTURY REFORM that the theses of the famous document are canonistic Ln nature.47 In fact, they correspond in style to the rubrics of many a canonical coUection, and it used to be argued that it was the index of a lost canonical collection or the index for a collection still to be compUed. The rubric indicates dictation by Gregory VII. The entry is found in the original register of the pontiff between letters of March 3 and 4, 1075, and would thus appear to date from these days, given the chronological organization of the register. The principles which they embody are in some instances reflected in Gregory's poUcies, but this is not always the case, nor can all of them be found in extant canonical collections. On the contrary, at times the clauses of the Dictatus Papae clearly contradict the canonical tradition, as Horst Fuhrmann emphasized. It is a very puzzling document, but at best we can speculate as to its purpose. The register gives no hint except in a negative sense: there is no indication that the clauses were ever intended for distribution. At least one contemporary, however, did not pass them by. He recognized the significance of Gregory's declarations, and included them in the original recension of the Liber Tarraconenses, a canonical coUection dating from 1085-1090 that originated in west central France, probably Poitiers.48 As for much of Gregory's correspondence and legislation, therefore, the echo of the Dictatus Papae was very feeble.49 The document clearly lacked juridical precision and reflected convictions and opinions rather than generaUy accepted canonical principles. Two contemporaries left us comments which precisely fit this picture of Gregory VII as a non-lawyer. Bernold of Constance described Hildebrand in the Micrologus de eccelsiasticis observationibus as a 47See Caspar's edition of Reg. II, 55a, pp. 201-208 (as in n. 42) for the text. The vast literature is indicated by Hubert Mordek, s.v."Dictatus papae" in Lexikon des Mittelalters, vol. 3 (1985), col. 978-981. See in particular also idem, "Proprie auctoritates apostolice sedis: Ein zweiter Dictatus papae Gregors VIL?", Deutsches Archiv, 28 (1972), 105-132, with the response by Friedrich Kempf,"Ein zweiter Dictatus papae: Ein Beitrag zum Depositionsanspruch Gregors VIL," Archivum Historiae Pontificiae, 13 (1975), 119-139; Horst Fuhrmann, "Papst Gregor VII. und das Kirchenrecht: Zum Problem des Dictatus Papae," Studi Gregoriani, 13 (1989), 123-149, here esp. pp. 140 ff., and idem,"Quod cathoUcus non habeatur, qui non concordat Romanae ecclesiae. Randnotizen zum Dicta- tus Papae," in Festschriftfür H Beumann zum 65. Geburtstag, edd. K.-U. Jäschke and R. Wenskus (1977). 4eRudolf Schieffer, "Rechtstexte des Reformpapsttums und ihre zeitgenössische Reso- nanz," pp. 60-62, and Linda Fowler-Magerl, "Fine Distinctions," p. 179, where she suggests hypotheticaUy Hugh of Die as intermediary. Both authors also Indicate the relevant manuscripts including the Turin collection which used the Tarraconensis. 49John Gilchrist, "The Reception of Pope Gregory VII into the Canon Law (1073-1141)," Zeitschrift der Savigny-Stiftungfür Rechtsgeschichte, Kan. Abt. 59 (1973), 35-82, and idem, ibid. ,66 (1980), 192-229. Schieffer/'Rechtstexte," pp. 56-62. BY UTA-RENATE BLUMENTHAL215 busy scholar, scouring the archives in Rome, "aU apostolic traditions," making sure that what he recovered would actuaUy be observed.50 As Bernolds treatise shows, what was meant were Uturgical rites, and of the pontiff's great interest in the liturgy there can be no doubt.51 The second contemporary to be mentioned here is Peter Damián. In a letter of his addressed to Hildebrand as archdeacon in the winter of 1058, Damián reports on the eventual success of his mission to MUan, referring in the course of the letter to a frequently repeated request of HUdebrand: "... You have wisely . . . asked me ... to go through the decrees and vitae (gesta) of the Roman pontiffs and to excerpt and coUect in a smaU volume in the new style of compUations whatever seems to pertain especially to the authority of the Apostolic See."52 Hildebrand himself, therefore, did not want to search papal records or to put together a collection "in the new style," although Bernold's statement teUs us clearly that he never had such hesitations when it came to Uturgy. He recognized his limitations as a canonist. StUl, Gregory's register is replete with references to the sacri cañones, sancti cañones, auctoritas canonum,patrum decreta, decreta sanctorum canonum, regula canonum, divinae leges, to scripta or lex dei.^ This characteristic way of referring to the canons cannot ordinarily be dismissed as intentionally vague or misleading. Although ready to jettison decisions of his predecessors which he considered incorrect, Gregory was generally conscious of himself as a legislator standing in the unbroken tradition of his predecessors, obligated to adhere to the "concord of canonical tradition." His own decisions, in turn, would bind his successors. His letter of January, 1075, to King Sancho of Aragon spells this out. An episcopal appointment was at issue. Bishop Sancho "Bernold of Constance, Micrologus, c. 14, PL, Vol. 151, col. 986. "Reinhard Elze,"Gregor VIL und die römische Liturgie," Studi Gregoriani, 13 (1989), 179-188. "Peter Damián, letter #65, ed. Kurt Reindel, Die Briefe des Petrus Damiani ("Monumenta Germaniae Histórica," Die Briefe der deutschen Kaiserzeit,Vol. 4, 1-4 [Munich, 1983, 1988, 1989, 1993], Vol. 2, pp. 228-247, here 229 f., with the extensive bibUography in notes 8 and 9: Hoc tu suptiliter, . . . frequenter a me karitate . . . postulasti, ut Romanorum pontificum decreta vel gesta percurrens quicquid apostolicae sedis auctoritati spetialiter competeré videretur, hinc inde curiosus excerperem, atque in parvi voluminis unionem nova compilationis arte conflarem. See Robinson, Authority and Resistance, pp. 27 f., on the influence of Damian's formulation of the Privilegium Romanae ecclesiae in this letter, referred to as Actus Mediolani. ^Gregorii VII Registrum, ed. Erich Caspar (as in n. 42), index s.v. cañones, sacri. Numerous additional examples are also given by John Gilchrist, "Eleventh and early twelfth century canonical collections and the economic policy of Gregory VH," Studi Gregoriani, 9 (1972), 377-417, esp. part I. 216THE PAPACY AND CANON LAW IN THE ELEVENTH-CENTURY REFORM of Huesca had come to Rome, asking to be relieved of the burden of his office, since he was Ul and close to death. Sancho was accompanied by two clerics whom both the bishop and the king of Aragon thought suitable as successors. Gregory and his advisors agreed in general, but raised one serious obstacle: both were illegitimate. Gregory argued that for this reason the canons would not permit the consecration of either one, and, moreover, the pontiff wrote to King Sancho, he would not be able to decree otherwise, since he did not wish to pass on anything to his successors by deed and authority contrary to the holy Fathers. "For it is customary that the holy apostoUc see tolerates many things out of reasonable consideration, but the see never diverges in its decrees and laws from the concord of canonical tradition."54 The decrees to which Gregory referred were quite recent in origin. They were those of Pope Leo LX and of the Lateran council of 1059, repromulgated by Gregory VII at one of his own councils.55 We may note here, therefore, that the "concord of the canonical tradition," as understood by Gregory, included papal decrees as well as concUiar canons. His thought is close to that of Peter Damián, who defined as authentic canons those which had been "either created by the venerable councils or promulgated by the holy fathers, the pontiffs of the apostolic see."56 This is a significant change in mentaUty The "traditions of the fathers" were ordinarily understood as any material which had been accepted into the canonical collections. Foremost among these materials were conciUar canons. The Synod of Chelles in 994 declared expressly that papal decisions were invalid when they disagreed with the "decrees of the fathers," a disagreement that was made equivalent to "dissent from the church."57 Gregory VII very consciously saw primarUy his predecessors in office as the fathers whose decrees, including conciUar canons, had created a concord of canonical tradition that was to be observed without fail. He identified papal decrees with the commands of the Holy Spirit: apostolic mandates—once again he refers to canons of Leo LX—are mandates of the Holy Spirit. Gregory VII, nevertheless, also claimed the prerogative of creating new law.58 The overriding issue was the papal duty to guard the Lord's flock, even If it should require new MReg. 2.50, pp. 190 f., at 191, lines 20 ff. with Caspar's note. "The date of this particular council is unknown; see my "Pope Gregory VII and the Prohibition of Nicolaitism," in Clerical Celibacy and Ecclesiastical Reform, ed. Michael Frassetto (forthcoming 1998). "Letter #3 1 , ed. Reindel, at p. 304; see also Ryan, Saint Peter Damián, p. 138, text #19. 57Fuhrmann,"Reformpapsttum," p. 185, n. 25 with citation. 58Fuhrmann,"Papst Gregor VII. und das Kirchenrecht," esp. pp. 133-136. BY UTA-RENATE BLUMENTHAL217 legislation (consilium), "lest together with the law, the souls of men should be lost."59 It is, therefore, not only dictatus papae c. 7 which postulates abstractly that "he alone is aUowed to issue new laws because of contemporary needs . . J'60; we find the same argument in his letters; but he used the prerogative rarely. As for many of his contemporaries, Gregory's reverence for the decisions of the Fathers, primarily his predecessors as pontiffs, as we have seen, was profound and very real even If he presented them, to paraphrase Peter Damián, in the new style.61 More illuminating for Gregory's attitude to the canonical tradition and the strong influence it exerted upon him is his "restoration" of the primacy of Lyons. It was a disastrous undertaking that played havoc with the archbishoprics of Sens and Bourges, for only Radulf, the archbishop of Tours and close friend of Gregory VII, was wUling to accept the totally unexpected claims of the archbishop of Lyons as "primate." The term "primate" was extremely ill-defined and therefore could be used in various contexts. In their eagerness to protect bishops from metropolitan interference, the forgers of the Pseudo-Isidorian Decretals had created this spurious dignity as an instance of appeal, but without clear demarcations. Primates were the equivalents of the ancient pagan priests; they were bishops of the primae civitates.62 With an astonishing boldness Gregory VII and his advisors combined the decrees attributed to Anaclete with the Notifia Galliarum in order to grant Archbishop Gebuin of Lyons a primacy that corresponded in extent to the post-Diocletian province Lugdunensis prima. Rouen, Lug. secunda, Tours, the ancient Lug. tertia, and finally Sens, around 400 a.d. 5'Reg.2.45,p. 184.