Category Archives: History

Gratian’s Decretum both fills and creates a need

Tree of consanguinity (13th-c, not a Durham ms; do not know which ms)

This week, I spent some time analysing three of Durham Cathedral Library’s canon law manuscripts, C.II.1, C.I.7, and C.III.1. All of these are from the late twelfth or very early thirteenth century. Sadly, none is yet digitised. They are all manuscripts of Magister Gratian’s so-called Decretum, a canon law collection put together around 1140 in Bologna (original title: Concordia discordantium canonum — Concord of discordant canons). They all include glosses — marginal commentaries keyed to individual words in the main text. C.II.1 and C.I.7 have the same base gloss.

The University of Bologna, where Magister Gratian taught, has a strong claim to being Europe’s first university (as we understand the term), and where the scholastic study of both Roman and canon law was born in the 1100s. With the rise of the university comes the need for textbooks. We all know this today — as an undergraduate, I used Wheelock’s LatinGreek: An Intensive CourseA History of the Roman People, all books designed specifically for teaching, for the classroom (the schola in medieval terms; thus scholasticus, thus ‘scholasticism’).

Gratian’s Decretum is that textbook for most of the rest of the Middle Ages, although as the body of papal legislation ramps up in the 1200s, it becomes necessary to supplement Gratian in the classroom with the new laws. Gratian offers the reader a systematic setting forth of church law. He begins with what many call the ‘Treatise on Laws’, a discussion of what natural and customary law are, what their domains are, what justice is, whether laws can be unjust, and what the sources of authority in law are amongst other concerns.

The Decretum as most people used it from the 1150s on, then systematically treats different sub-areas of canon law. Following the scholastic method, Gratian lays out for the reader different opinions from various authorities (councils, popes, church fathers) and seeks a way through them where they differ, finding the concordia of the book’s title. When the authorities themselves do not naturally create a resolution, Gratian will give his own.

The result is a massive compendium of canon law covering most of what one needs to know in the mid-1100s. It is much larger than, say, the Decretum of Burchard of Worms from the early 1000s (having held manuscripts of both, I can attest to this fact). Nevertheless, Gratian’s Decretum fills the need for a canon law textbook, a need keenly felt, given how quickly it was dispersed and how full its dominance really was. Take note that canon law is the one subject taught at all medieval universities and that some of the cathedral schools, such as that of Lincoln, closed because they did not offer canon law. A textbook such as this had a wide audience and great potential.

It fills a need.

I think also, however, that it creates a need. With a text suited to the methods of the twelfth-century classroom becoming widely available, more people would be able to become more deeply acquainted with the broad range of church legislation that Gratian had compiled. It became the set body of esoteric knowledge needed to become a professional in canon law. With everyone teaching it and learning from it, anyone who wanted to make a case in an ecclesiastical court or through a written plea/appeal or simply who wanted to get a job done in compliance with church law, would have to have either someone versed in canon law at hand or be that person him’erself (usually him, this being the Middle Ages, but not always).

Thus, by its very popularity, Gratian’s Decretum created the need for Gratian’s Decretum. We don’t have four copies in Durham for no reason. No matter how good Ivo’s Decretum or Burchard’s or the Panormia attributed to Ivo was, without the particulars of law as set out in Gratian’s Decretum, one would be at a disadvantage in the brave, new world of burgeoning canon law and the growth of the western church as a legislative institution.

So everyone got a copy.


Late Antiquity in Medieval Durham

My latest post at the Durham Priory Recreated Project blog is about the various different Late Antique texts found in the priory library. In many ways, medieval Christianity is just a 1000-year reception of ancient Christianity. Enjoy!

Late Antiquity in Medieval Durham


Last week, my father-in-law and I started the new year right with a New Year’s Day trip to Vindolanda Roman fort and Hadrian’s Wall. Here I am at Vindolanda:

And here I am at Hadrian’s Wall:

Vindolanda excited me because it is a fairly well-preserved Roman fort, and it is the source of some very remarkable archaeological finds. There were Roman forts at Vindolanda from about the year 85 (all these dates are AD), around the time of Agricola (made famous by Tacitus’ work of the same name) until the Romans left 395? 410? Three main forts have been found, but they estimate that as many as nine were built on this spot.

The first thing that should be said of Roman forts in Britain: Most of them are little more than waist-high foundations. They have excavated some parts of Vindolanda more deeply than that, but this is mostly what you will see. This is the case of the other Roman remains I’ve seen here, such as Bearsden, Cramond, Chesters, and Corbridge. I have seen nothing Roman as spectacular as Ostia Antica or Pompeii in Britain.

Here’s a shot of Vindolanda:

Vindolanda is not right on Hadrian’s Wall but about a mile to the south on the Roman military road with the mediaeval name of the Stanegate. I’ve visited another Roman fort on the Stanegate at Corbridge. Like Corbridge, Vindolanda had a civil settlement, or vicus, connected with it as well. When you approach Vindolanda from the West today, you pass through the vicus on your left, and a few military buildings on your right — the military buildings include some of the praetorium from the Severan fort (so, c. 200).

The buildings of the vicus are long and narrow because, apparently, you were taxed based upon the amount of streetfront you took up. One of the last buildings before you reach the walls of the fort is the tavern. Somehow that makes sense — a place for both civilians and soldiers, after all. They suspect that it would have had some upper floors for rooms.

The wall of the fourth-century fort isn’t bad:

They are still excavating inside the walls. Here you’ll find the usual suspects, such as the granary with its raised floors to keep the grain dry:

And the strongroom in the principia (HQ), which is underground in the small temple where the standards of the legion would have been stored along with the image of the emperor.

Of interest is the temple to Jupiter Dolichenus (Dolichenum). Jupiter Dolichenus is a cult popular with soldiers. He is an adaptation of a god from ancient Syria (now southeastern Turkey), and he turns up at a number of places in Britain. This is a reminder of the varied nature of the people living in Britain under Roman rule. The Dolichenum was destroyed in the later fourth century, presumably as a result of Christianisation and the closure of public temples and the rescinding of public funds for non-Christian religions.

Of interest were the foundations of some round houses of the Severan era. At that time, there was a rebellion, and these houses are built in local fashion, so it is supposed that they were built to house Roman sympathisers who were targeted by their neighbours.

And there was a bath house, as always. I like hypocausts:

Eventually the Romans left, but Vindolanda seems to have been inhabited until the ninth century. So I find myself interested in post-Roman Vindolanda: Who lived here? What various changes did they make besides a church in the praetorium? What artefacts did they leave behind?

For it is for its artefacts that Vindolanda is chiefly famous. And, amongst these, the Vindolanda Tablets are the famousest. Vindolanda’s site preserves an extraordinary quantity of organic material — shoes, wooden tablets, animal bones, etc. The shoes took me by surprise:

There was also a room full of cow skulls in the museum, but I didn’t take a photo. All of your expected pottery is there, too — Samian ware and the like.

I was most glad, however, to see the Vindolanda Tablets. These are wooden tablets covered in writing. Some are letters, some are inventories, some are requests for requisitions. There are comments about beer, about roads, about the local populace. There is a birthday invitation. They are wonderful, and they are one of the greatest finds in twentieth-century British archaeology, for texts can add flesh to the bones dug up by archaeology.

After Vindolanda, we walked part of Hadrian’s Wall near Housesteads Roman fort. Here’s a photo of the stunning countryside with the Wall running along that crag in the distance:

The Fragmentary Classicising Historians of the Later Roman Empire, Vol. 1, by R. C. Blockley

The Fragmentary Classicising Historians of the Later Roman Empire: Eunapius, Olympiodorus, Priscus and MalchusThe Fragmentary Classicising Historians of the Later Roman Empire: Eunapius, Olympiodorus, Priscus and Malchus by R.C. Blockley
My rating: 5 of 5 stars

This is volume one of Blockley’s study and edition/translation of Eunapius, Olympiodorus, Priscus, and Malchus, four Greek-language historians writing in the fifth-century (although early stages of Eunapius may have been published in the later 300s). These historians only survive for us in fragments — quotations by later, Byzantine, authors, or use by other late antique and ‘Byzantine’ historians (not always with attribution).

They are important because the fifth century is a century of fragmented knowledge and history. So we need all the sources we can get. They are also important because they represent a particular genre of history writing of which we have but little from this era of Graeco-Roman history.

Blockley divides this volume into two parts: The Historians and The Fragments. In the first part, each historian is introduced in turn, providing plausible dates of publication, his background, what the original contours of the history would have been, what he was like as a stylists, what he was like as a historian, what we think his main concerns were, his relationship to Christianity, and how we know this; from what I can tell, the bibliography was up to date at time of publication (1981). These chapters are followed by a discussion of what ‘classicising history’ is and how we should classify these historians — not as ‘pagan’ (not all of them are) nor as ‘secular’ (that, too, is misleading) but as ‘classicising’; they are consciously writing in the tradition of Herodotus, Thucydides, Polybius.

Part two is a discussion of the same material from the other direction — what are the sources for our fragments, how do we know these fragments are from these historians, and then a brief summary of what each fragment includes.

This is a highly useful book, readable, fairly brief, and a good introduction to the sources edited and translated in volume 2.

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Patristic homilies for a medieval Christmas

My latest post on the Durham Priory Library Recreated project blog looks at Durham Cathedral Library B.II.2, a copy of Paul the Deacon’s homiliary of patristic sermons arranged by feast:

Christmas in the Codices

Please do textual criticism on something other than the New Testament

If you did Septuagint criticism, you could work on the Vienna Genesis! LOOK AT IT

A friend recently directed my attention towards the Tyndale House Greek New Testament. It’s not a bad idea, as far as editions go. They try to determine what the actual first-century spelling or pronunciation of the words at hand was and then use it, rather than a levelled-out, standardised, modern-Classical Greek spelling. This will please those of the ilk who like to see Cristus in medieval Latin instead of Christus. It is also, apparently, designed simply to be read, which is a fine idea as well. From what I’ve read on their blog, it seems that sound philology lies behind this edition of the Greek New Testament. It seems that Dirk Jongkind (whose work on the scribal habits of Sinaiticus I’ve actually read) and team should be pleased.

So you can go buy it and put in on the shelf next to your copy of the United Bible Societies’ Greek New Testament and the Nestle-Aland Greek New Testament, 28th edition, (both of which have about the same text) and Michael W. Holmes’ SBL Greek New Testament. (I guess, after making sure the world had a third edition of Lightfoot’s The Apostolic Fathers, Holmes felt there weren’t enough New Testaments?)

I shouldn’t be snarky. I should, as a (Latin) text critic be happy to see the science itself flourish and get publications.

Except, I wonder — is this evidence of textual criticism flourishing and getting publications?

Or do all of our promising Greek scholars with an interest in ancient Christianity find themselves beating to death the text and mss of the New Testament with no new major ms finds for years? I think the reason why NT textual criticism is innovative is twofold: 1. They have way too many mss and frags to deal with. 2. There are so many of them (scholars, that is).

Anyway, the point of this rambling rant is: Could you please divert your skills and resources and attention to something else? I, myself, am working on texts that haven’t been edited since 1753 (the letters of Leo the Great), for the most part, but also a couple that haven’t had any work done since 1723 (Coustant’s edition of the popes before Leo). This afternoon, I was looking at Durham Cathedral Library, B.IV.17, a twelfth-century copy of the Decretum of Burchard of Worms. Now, Burchard hasn’t been edited since 1748, but he’s at least had some very interesting textual criticism done since they found his autographs.

Those texts are Latin, I realise. But if the Greek Bible is of interest to young minds, brimming with linguistic knowledge, wouldn’t it be nice to see the Septuagint get some of the love? We have that German Bible Society edition, but that’s not fully and truly critical, and La Bible d’Alexandrie is not yet done, from what I can tell. This is the Bible Paul of Tarsus read, people; the Bible of Justin Martyr, of Clement of Alexandria, of Origen, of Athanasius, of John Chrysostom, of the Greek priest next door. From a purely academic standpoint, this is a hugely significant text in need of a lot of work. I know people are working on it, but they seem mostly to be French or German.

And what about the texts of the people who helped forge Christianity? The Apostolic Fathers aren’t the only ante-Nicene texts that could do with some sprucing up. And even if one stuck to the Apostolic Fathers, they only have three editions, not 28. Consider Clement of Alexandria, turn of the third century; Sources Chrétiennes lists the following if his texts as not even having someone to work on them: Canon EcclesiasticusHypotyposeis, letters, De pascha, and several fragments. Anatolius of Laodicea (d. 280-90) has no one lined up for De decem primis numeribus. If you had the inclination, you could go through their list and see who else they haven’t finished. There are many. Moreover, just because someone has an edition in Sources Chrétiennes or in the Corpus Christianorum doesn’t mean it’s any good; I heard a rumour about a recent text of something by Origen (which I forget now) being worse than Patrologia Graeca.

And why should we, as scholars, invest in Patristic textual criticism rather than the New Testament? Not only because the New Testament has probably been overanalysed and done to death, but also because knowledge is good. Philology and philosophy and theology and history rest, to a large degree, on the texts we read them in. If those texts are bad, we are missing some of the nuance, some of the beauty, some of the philosophical accuracy, some of the historical detail. Besides that, all those New Testament manuscripts people like to read are contemporary with or later than the Greek Fathers who need work done on them. Codices Vaticanus and Sinaiticus are post-Constantinian. Claromontanus is sixth-century. P45 is from around 250 — so contemporary with Origen and later than Clement of Alexandria. These are the writings and beliefs and ideas of the people who copied out the texts that transmitted the New Testament. Getting to know them and their world should really be part of the same intellectual enterprise as getting to know the New Testament.

And if you’re good enough at Greek and wanting to branch out, maybe give some pre-Christian Hellenistic texts some love. They need it, too.

Or if your Latin is up to it, I know of a few popes who need some work. 😉

Law and Theology in the Middle Ages by G. R. Evans

Law and Theology in the Middle AgesLaw and Theology in the Middle Ages by G.R. Evans
My rating: 4 of 5 stars

This book is a readable introduction of a topic that deserves more interest — the relationship between law and theology. After setting the stage by discussing the various definitions needed to address the very questions of ‘law’ and ‘theology’, Evans gives an account that is largely focussed on law in the High Middle Ages, bringing into play certain theological concepts as needed.

An example of the difficulties of definition lies in the fact that the English word law translates both ius and lex, and the Latin iustitia can mean either righteousness or justice. These are important points if we are to attempt to make an entry into how medieval people thought about and practised law. Several other definitions are assessed throughout, with recourse to the Digest of Justinian, Isidore of Seville’s Etymologies, and then the high medieval canonists, decretists, and jurists — Gratian, Anselm of Laon, the Summa ‘Elegantius’. Theologians who give spiritual flesh to the legal thought herein are usually Augustine of Hippo, Anselm of Canterbury, Bernard of Clairvaux, but only one Peter Lombard.

Much of the middle of the book is taken up with a straightforward discussion of legal operation in the Middle Ages. This was very clear and pitched at an introductory level but with constant reference to the primary sources. It is clear that Evans, writing from the perspective of theology and intellectual history, was interested in helping others from her own background gain a grasp of medieval law and its relevance to theology. As a result, we have a very good description of medieval legal process that is tied into the great medieval worldview through the introduction and conclusion.

The only difficulties I had with the book were the references to contemporary English law and procedure. What little I know of modern law is either Canadian (like me) or American (because of TV and movies).

This is a book that opens up what should be a fruitful field of study. Greta Austin has already taken up Evans’ summons in the final chapter of Shaping Church Law Around the Year 1000: The Decretum of Burchard of Worms. No doubt others have and will. I find myself wanting to work backwards from Evans’ starting points — that is, to look at Late Antique canon law and pastoral theology up to Isidore of Seville!

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