De presbiteris criminosis: Ein Memorandum Erzbischof Hinkmars von Reims über straffällige Kleriker (review)
Abigail Firey
Reviewed by: De presbiteris criminosis: Ein Memorandum Erzbischof Hinkmars von Reims über straffällige Kleriker Abigail Firey Kleriker. Edited by Gerhard Schmitz, [Monumenta Germaniae Historica, Studien und Texte, Band 34.] (Hannover: Hahnsche Buchhandlung. 2004. Pp. xii, 124. €20,00.) Watching scholars edit early medieval canon law is a bit like watching men walk on the moon. In an alien world, they bounce about where gravity does not securely hold. Although from afar almost indistinguishable in their special suits, are individuals with own responses to environment and task; yet do have normal communication earthlings or even each other. And heroes. The moon-walker Schmitz brings us important juridical material latter part of ninth century, he so élan. His edition archbishop Hincmar's [End Page 135] criminosis combines innovative conservative editorial practices. This thus work both historians Carolingian era also editors striving represent professional (as opposed literary) texts, for which weight sources variant readings uncertain lunar gravitational field. Schmitz's discussion arguments regarding legal processes applicable accused clerics itself great contribution our understanding episcopal authority proceedings. Like many writings, survives as anonymous undated compilation excerpts mixture sources, no explication circumstances its composition. Authorship, occasion, meaning must be deduced. Accepting long-held ascription text Hincmar, chooses his study concentrate text's context, intent, import. initial detailed examination title opens question nature. While summative titles, often supplied modern editors, imply that little texts such had somewhat static normative quality, original context were more likely untitled briefs what, proponent's view, should normative, but fact might be. After inviting imagine schedula, mentioned reference "alia schedula" brief entitled (by editor Jacques Sirmond) iudiciis et appellationibus, proposes was written long before 877 (when composed); then reconstructs possible precipitating events composition presbiteris. Again method use other supply missing data speculative, prudent, triangulation references. Drawing especially upon Flodoard's reports priests crimes, conjectures direct appeals Rome seeking evade disciplinary power bishops judicial forum ecclesiastical council frustrated Hincmar; frustrating Roman interventions based incomplete one-sided pleas. "memorandum" See there limits appeals. lively recapitulation cases noted historical record usefully belies common scholarly lament we surviving traces trials. Furthermore, presenting evidence briefs, councils same period, account, circumvents disconcerting aspect Hincmariana: exceptional quantity quality. opinions create monumental isolation; continued cited classical Gratian later canonists; hence it difficult keep works situated jurisprudential training, debate, action 136] participants, now usually invisible us. shows technically sophisticated jurist presumed audience at work. Here carefully selected citations (the Breviarium Alarici, Codex Theodosianus, Epitome Iuliani, Sententiae Pauli) integrated decrees church councils, popes, biblical precepts...
Catholic Historical Review