Addressing Injustice in the Medieval Body Politic: 10.5117/9789463721271 9789048555277

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Addressing Injustice in the Medieval Body Politic

Crossing Boundaries Turku Medieval and Early Modern Studies The series from the Turku Centre for Medieval and Early Modern Studies (TUCEMEMS) publishes monographs and collective volumes placed at the intersection of disciplinary boundaries, introducing fresh connections between established fields of study. The series especially welcomes research combining or juxtaposing different kinds of primary sources and new methodological solutions to deal with problems presented by them. Encouraged themes and approaches include, but are not limited to, identity formation in medieval/early modern communities, and the analysis of texts and other cultural products as a communicative process comprising shared symbols and meanings. Series Editor Matti Peikola, University of Turku, Finland Editorial Board Matti Peikola, Department of Modern Languages, University of Turku (Editorin-chief) Janne Harjula, Adjunct Professor of Historical Archaeology, University of Turku Johanna Ilmakunnas, Acting Professor of Finnish History, School of History, Culture and Arts Studies, University of Turku Hemmo Laiho, Postdoctoral Researchers, Department of Philosophy, University of Turku Satu Lidman, Adjunct Professor of History of Criminal law, Faculty of Law/Legal History, University of Turku Aino Mäkikalli, Postdoctoral Researcher, Department of Comparative Literature, University of Turku Kirsi-Maria Nummila, Adjunct Professor of Finnish language, University of Turku; University Lecturer of Finnish, University of Helsinki. Kirsi Salonen, Associate Professor, School of History, Culture and Arts Studies, University of Turku

Addressing Injustice in the Medieval Body Politic

Edited by Constant J. Mews and Kathleen B. Neal

Amsterdam University Press

Cover illustration: Cambridge, Trinity College, MS O.9.22, fol. 43r. Reproduced by permission of the Master and Fellows. Cover design: Coördesign, Leiden Lay-out: Crius Group, Hulshout isbn 978 94 6372 127 1 e-isbn 978 90 4855 527 7 doi 10.5117/9789463721271 nur 684 © C.J. Mews & K.B. Neal / Amsterdam University Press B.V., Amsterdam 2023 All rights reserved. Without limiting the rights under copyright reserved above, no part of this book may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the written permission of both the copyright owner and the author of the book.



Table of Contents

Acknowledgements

7

Abbreviations

9

Note on references

11

List of Tables and Illustrations

13

Introduction

15

1 The De XII abusiuis saeculi

35

2 The Irish Background to the De XII abusiuis saeculi

71

3 ‘Each in the Calling to Which They are Called’

87

Justice and its Abuse in the Medieval Body Politic Constant J. Mews and Kathleen B. Neal

Contexts and Textual Traditions Constant J. Mews and Stephen J. Joyce

Dáibhí Ó Cróinín

Images of Authority in the De XII abusiuis saeculi Stephen J. Joyce

4 Transforming Irish Traditions

111

5 The Unjust King and the Negligent Bishop

141

6 Reflecting on Abuses in Religious Life

173

De XII abusiuis saeculi and Justice in the Frankish World, c. 750–1050 Jelle Wassenaar

Addressing Injustice in Eleventh and Twelfth-Century England and Germany Ryan Kemp

From The Twelve Abuses of the Cloister to The Cloister of the Soul Constant J. Mews

7 Preaching the Body Politic

201

8 Justice and Its Abuses in the Speculum justiciariorum

233

9 Addressing Abuses and Injustice in the Court of Philip the Fair

249

10 ‘Perfect Justice Weighs Everything on a Balanced Scale’

283

11 Some Late Franciscan Rewritings of the Twelve Abuses

311

Appendix

325

Bibliography

353

Index of Biblical References

391

Index of Manuscripts

393

General Index

395

John of Wales and Franciscan Political Thought in the Late Thirteenth Century Kathleen B. Neal

Cary J. Nederman

The De informatione principum of Durand of Champagne Rina Lahav

Italian Friars on Equity, the Common Good, and the Commune c. 1270–c. 1310 Charles F. Briggs

Sylvain Piron

On the Twelve Abuses of the Age A Translation Translated by Aidan Breen (†) and Constant J. Mews

Acknowledgements We are indebted to many people and institutions for helping bring this project to fruition. We are grateful to the Australian Research Council for granting a Discovery Grant that made possible Addressing Injustice in the Medieval Body Politic: From Complaint to Advice, based in the School of Philosophical, Historical, and International Studies at Monash University. We thank Stephen Joyce and Rina Lahav for contributing their time and effort to this project, as well as the academic and general staff of the School of Philosophical, Historical, and International Studies at Monash University who helped bring it to completion. This study would not have been possible without the permission given by the executors of the estate of the late Aidan Breen (†2013) to use and expand on the critical edition of the De duodecim abusiuis saeculi within his PhD thesis, submitted in 1988 to Trinity College, University of Dublin. Dáibhí Ó Cróinín has been instrumental in sharing his advice and vast scholarly expertise in relation to early medieval Ireland. We have also benefited from preliminary discussions of this project with receptive audiences at the Australian Early Medieval Association annual conference, the Sydney Medieval Group, and the Monash Centre for Medieval and Renaissance Studies Public Seminar. In the age of COVID-19, we also extend special thanks to librarians at Monash University Library, the Bodleian Library, and Merton College Library, Oxford, and the Beinecke Library, Yale, for their assistance in facilitating digital access to their collections. Many scholars, beyond those assembled in this volume, have given assistance of one sort or another, including Roy Flechner, Sven Meeder, Rob Meens, and Chris Nighman. Maryna Mews helped with copy-editing. We thank the Master and Fellows of Trinity College, Cambridge, for permission to reproduce the cover image, from Cambridge, Trinity College, MS O.9.22, fol. 43r.

Abbreviations BAV BL BM BnF CCCM CCSL CSEL CUL DCA DDAS, ed. Breen

Bibliotheca Apostolica Vaticana British Library Bibliothèque municipale Bibliothèque nationale de France Corpus Christianorum Continuatio Mediaeualis Corpus Christianorum Series Latina Corpus Scriptorum Ecclesiasticorum Latinorum Cambridge University Library De claustro animae De XII abusiuis saeculi, ed. by Aidan Breen, ‘Towards a Critical Edition of De XII Abusivis: Introductory Essays with a Provisional Edition of the Text and Accompanied by an English Translation’ (unpublished doctoral thesis, University of Dublin, 1988), pp. 332–432 DDAS, ed. Hellmann Ps.-Cyprianus: De xii Abusivis Saeculi, ed. by Siegmund Hellmann, Texte und Untersuchungen zur Geschichte der altchristlichen Literatur, 34 (Leipzig: J. C. Hinrichs, 1909) Griechischen Christlichen Schriftsteller GCS Incunabula Short Title Catalogue ISTC Monumenta Germaniae Historica MGH Munich, Bayerische Staatsbibliothek, Munich, Clm Codices latini monacenses Österreichische Nationalbibliothek ÖNB Jacques-Paul Migne, ed., Patrologia Graeca PG Jacques-Paul Migne, ed., Patrologia Latina PL Rolls Series RS SB Stiftsbibliothek SC Sources chrétiennes Richard Sharpe, A Handlist of Latin Writers Sharpe, Handlist of Great Britain and Ireland before 1540. Publications of the Journal of Medieval Latin, 1 (Turnhout: Brepols, 2001).



Note on references

DDAS is cited by reference to a critical edition, based on that of Breen, updated by Mews and Joyce, forthcoming within the Scriptores celtigenae series of the Corpus Christianorum series, published by Brepols. Their practice of rendering v as u will be followed in citations of DDAS and other texts in the Corpus Christianorum series. References to texts in PL and PG are cited by reference to their volume and column. Short references to texts published in CSEL include reference to volume number, when it is necessary to identify one of several volumes, each with their own pagination.



List of Tables and Illustrations

Table 1.1 Chronological distribution of MSS of DDAS53 Figure 3.1 ‘The Wheel of the Age’: Relationships among the Twelve Abuses of the Age. Image by Stephen Joyce.95 Table 6.1 Twelve Abuses of the Cloister and Twelve Abuses of the Age177 Table 7.1 Structure of Communiloquium209 Table 7.2. DDAS citations in Communiloquium214 Table 8.1 Patristic and Classical Authors in the De informatione principum257 Table 8.2 Comparison of De informatione principum and De morali principis institutione268 Figure 10.1 Giotto di Bondone, Iustitia, Cappella Scrovegni (Arena Chapel), Padua, c. 1306. Image courtesy of Web Gallery of Art, created by Emil Krén and Daniel Marx.287 Figure 10.2 Giotto di Bondone, Iniustitia, Cappella Scrovegni (Arena Chapel), Padua, c. 1306. Image courtesy of Web Gallery of Art, created by Emil Krén and Daniel Marx.290 Table 11.1 Two Tuscan vernacular adaptations of DDAS313

Introduction Justice and its Abuse in the Medieval Body Politic Constant J. Mews and Kathleen B. Neal Abstract This essay introduces the De XII abusiuis saeculi and its influence in medieval thought through reflecting on the way it presents the notion of iustitia, a term that can mean both righteousness in a biblical context, but also justice in the sense of equity and fairness in social relationships. While the ninth abuse, an unjust king (rex iniquus), has been recognized as laying a foundation for the ‘Mirror of Princes’ genre, we argue, introducing the various essays in this volume, that DDAS was re-interpreted in many different contexts. Keywords: Justice, medieval ethics, mirrors of princes, medieval political theory, medieval scriptural exegesis

Failures in justice within the body politic are a common theme in medieval writing. In this volume, we take as our principal point of departure a short but relatively little studied treatise on this subject written in Ireland in around the mid-seventh century and known as the De XII abusiuis saeculi or The Twelve Abuses of the Age. It offers a critique of various kinds of behaviour, as manifested by various groups in society, based on injunctions from scripture. Its prologue succinctly articulates these moral lapses in a list that was itself widely copied and stimulated many adaptations between the late eighth and sixteenth centuries: a wise man without good works, an old man without religion, a youth without obedience, a rich man without almsgiving, a woman without modesty, a lord without moral strength, a contentious Christian, a proud pauper, an unjust king, a negligent bishop, common folk without discipline,

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_intro

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a people without law. Thus, justice is suffocated. These are the twelve abuses of the age through which the wheel of the age, if one is within it, is deceived, and without any impeding support of justice is propelled into the darkness of hell through the just judgement of God.1

It is not easy to decide how to translate these words. Virtus can mean both virtue and strength; iniquus evokes a sense not just of being morally bad, but of being inequitable or unfair, but these translations are perhaps not as strong as unjust. Iustitia, when evoked in a biblical context, is sometimes rendered as righteousness in a global moral sense. The prologue to DDAS reveals its centrality to the work as a whole. The question must be asked, however, what iustitia means in this work. It occurs ten times in DDAS, but is never explicitly defined as the iustitia Dei discussed by St Paul (especially in Romans 3. 21–22), that is, the justice or righteousness of God revealed in the Law and Prophets, and most fully in Jesus, the anointed (Christus) of God. Paradoxically, however, when Ælfric of Eynsham (c. 955–c. 1010) translated DDAS into English in the late tenth century, he used the phrase iustitia Dei when citing its Latin text, a variant that occurs in only two manuscripts.2 For DDAS, iustitia is a quality that ought to define human society on earth and which, if expressed in that society, would be decisive in securing humanity’s salvation through God’s ‘just judgement’. Yet, as its author laments, iustitia is being ‘suffocated’ by the improper behaviour of many different groups. These ‘abuses’ are set up not precisely as antitheses of justice, but as actions capable of inflicting mortal wounds upon it. The examples in DDAS are drawn almost exclusively from biblical texts and various Church Fathers, yet the iustitia that concerned its author was 1 DDAS, Prologus, ed. Breen, p. 332 (ed. Hellmann, p. 32): ‘Sapiens sine operibus bonis [bonis, om. Hellmann], senex sine religione, adolescens sine oboedientia, diues sine elemosyna, femina sine pudicitia, dominus sine uirtute, Christianus contentiosus, pauper superbus, rex iniquus, episcopus neglegens, plebs sine disciplina, populus sine lege. Sic [His duodecim abusiuis Hellmann] suffocatur iustitia. Haec sunt duodecim abusiua saeculi per quae saeculi rota, si in illo fuerit [fuerint Hellmann], decipitur et ad tartari tenebras nullo impediente iustitiae suffragio per iustum Dei iudicium rotatur.’ Breen argued (p. 279) that the original title of the work was De XII abusiuis, without the addition of saeculi, on the grounds that this is the reading of what he called ‘Class 1’ manuscripts. In fact, saeculi does occur in some important witnesses not known to Breen, such as U Cambridge, CUL MS Ii.1.41, fol. 84ra. 2 Two Ælfric Texts, pp. 12–13. This variant occurs in two manuscripts belonging to Cambridge, Trinity College, namely O.9.22, fol. 43r (perhaps from northern France, connected to Saint-Amand) and as a correction to O.1.52, fol. 27v (from Byland Abbey). Although Ælfric attributed DDAS to Cyprian, the fragments of Latin text that he quotes imply that he had access to what Breen called the Class 1 ‘Augustine’ group, perhaps in an unattributed version that he subsequently assigned to Cyprian on the basis of continental tradition.

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one that would have been as recognizable to classical as to patristic and early medieval Christian thinkers: a question of human behaviour.3 For Cicero in his De inventione (an early, but very influential treatise), iustitia was very much a personal virtue, often listed after prudence, but before fortitude and temperance as one of the four cardinal virtues.4 He defined it as ‘a habit of mind, assigning dignity to each, preserved for common benefit’.5 Cicero subsequently described iustitia in his De officiis as queen and fount of the virtues, and argued that prudence without justice was empty.6 St Paul also spoke about iustitia in the sense of the righteousness to which both individuals and society should aspire. In Ephesians 6. 14, Christians were urged ‘to put on the breastplate of justice’, a line that prompted Pelagius (a controversial British ascetic, whose writings were held in respect by some Irish scholars) to suggest that just as a breastplate was woven from many rings and armlets, so justice was made up of many types of virtues.7 Augustine of Hippo, by contrast, preferred to emphasize the priority of love over all the virtues, drawing on the teaching of St Paul in i Cor. 13. 13.8 He associated iustitia or personal righteousness with respect for the natural order, represented by ‘women serving men and sons their parents, just as it was justice for weaker reason to serve stronger reason.’9 The so-called Irish Augustine, author of the treatise De mirabilibus sacrae scripturae [DMSS], 3 For further discussion of its debt to patristic teaching, see Mews, ‘The Consequences of Injustice’. 4 Cicero, De inventione, 2.53.159, ed. Stroebel, p. 147: ‘Habet igitur [scil. virtus] partes quattuor: prudentiam, iustitiam, fortitudinem, temperantiam’; iustitia is moved from second to fourth place by Seneca, Epist. 90.46 and 115.3, ed. Hense, pp. 396 and 556, but is placed first in Epist. 120.11, p. 584. 5 Cicero, De inventione, 2.53.160, ed. Stroebel, p. 148: ‘Iustitia est habitus animi communi utilitate conseruata suam cuique tribuens dignitatem.’ 6 Cicero, De officiis, 3.6.28, ed. Atzert, p. 65; see also Cicero, De finibus bonorum malorum, 5.13.36 and 5.23.89, ed. Schichte, pp. 173 and 189, promoting iustitia. 7 Pelagius, Expositiones XIII epistularum Pauli [Eph. 6], ed. Souter, p. 383: ‘Et induti lorica iustitiae: Sicut lorica multis circulis uel armillis intexitur, ita iustitia diversis virtutum conectitur speciebus: munit autem non solum pectoris conscientiam, sed et ventris continentiam, nec non et ad femorum usque pertingit libidinem coercedam.’ This line is repeated within an Irish commentary on the epistle of James, Commentarius in epistulas catholicas, ed. McNally, p. 18: ‘Iustitia est, id est omnium uirtutum, quia Pilagius loquitur de iustitia dicens, sicut lurica multis armellis texitur, ita iustitia multis uirtutibus ornatur.’ 8 Augustine, Epist. 155.13, ed. Goldbacher, CSEL, 44, p. 443: ‘quamquam et in hac vita virtus non est nisi diligere, quod diligendum est; id eligere prudentia est, nullis inde averti molestiis fortitudo est, nullis inlecebris temperantia est, nulla superbia iustitia est.’ 9 Augustine, Contra Faustum, 22.61, ed. Zycha, p. 657: ‘quae tamen consulta illa aeterna lege iustitiae, quae naturalem ordinem perturbari vetat’; ibid., 26.3, p. 731: ‘ad naturalem quippe iustitiae ordinem pertinent.’ See also his Quaestionum in Heptateuchum, Gen. q. 153, ed. Fraipont,

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datable to 654–655, asserts the priority of justice as righteousness when he speaks of ‘the primacy of justice’ (primatus iustitiae) to describe the virtue exemplified by Abel and Enoch in the Old Testament. This unusual phrase, not used by any of the Church Fathers, is echoed in DDAS to describe how a king, established as the first of men, will suffer the primacy of torment if he does not create justice.10 This inversion illustrates a key strategy of DDAS, discussing justice through its absence and abuse. It is both a complaint and an exhortation to reform, a lament and a prophetic denunciation. As Constant Mews and Stephen Joyce discuss below, DDAS was widely copied, surviving in over four hundred manuscripts from the late eighth to the sixteenth centuries, and then finding an eager audience in print. It was cited in foundational works of canon law, including in Gratian’s Decretum.11 It was translated into numerous medieval vernaculars and stimulated several imitations and adaptations that transposed its formula of moral criticism into new domains, from the monastic to the judicial.12 It was widely referred to in sermons,13 and became a source and a model for many later medieval socio-moral critics, from Spiritual Franciscans to Wycliffites. DDAS could be regarded variously as a work of Christian ethics, politics, law, or faith by its medieval readers. Within this extraordinary scale and breadth of impact, scholarship has focused principally on the place of DDAS in the history of medieval political thought as an early stage in the development of the ‘mirror of princes’ or ‘Fürstenspiegel’ genre.14 Its discussion of an unjust king—the ninth abuse— attracted the attention of those involved in formulating kingship as a concept in Carolingian and pre-Conquest English and Norman contexts, with the p. 59: ‘Est etiam ordo naturalis in hominibus, ut seruiant feminae uiris et filii parentibus, quia et illic haec iustitia est, ut infirmior ratio seruiat fortiori.’ 10 DDAS, 9, ed. Hellmann, p. 51: ‘Attamen sciat rex quod sicut in throno hominum primus constitutus est, sic et in poenis, si iustitiam non fecerit, primatum habiturus est.’ 11 Gratian, Decretum, II, c. XXIII, q. V. c. 40, ed. Friedberg, p. 941: ‘Item Ciprianus in nono genere abusionis. Rex debet furta cohibere, adulteria punire, inpios de terra perdere, patricidas et periuros non sinere vivere, filios suos non sinere inpie agere.’ 12 On the Old English translation see Clayton, Two Ælfric Texts; and on an Icelandic translation Lebouteiller, ‘Prosperity and Peace’, p. 63. Breen also notes translations into ‘Middle and Modern English, German, Castilian Spanish and Byzantine Greek – and who knows how many others’: ‘Towards a Critical Edition’, p. 233. 13 For instance: Wenzel, Latin Sermon Collections, pp. 86, 179–80, 320; Gaposchkin, ‘Talking About Kingship’, p. 147 n. 45; Breen, ‘Towards a Critical Edition’, p. 235. 14 For example, Lambertini, ‘Mirrors for Princes’, p. 792; Berges, ‘Fürstenspiegel’, p. 4. See also the discussion of DDAS’s ‘rex iniquus’ as a foundational model in European kingship to 1200, in Weiler, Paths to Kingship, pp. 51–53; see also Mews, ‘The Twelve Abuses of the Age: Ethical and Political Theory in Early Medieval Ireland and its Influence’.

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former in particular generating scholarly discussion.15 In this period there was an evident desire to combine the contribution of biblical and classical authorities when addressing the proper governance of the body politic and the ruler’s role in it. The scriptural basis and prophetic admonitory tone of DDAS was well suited to this effort. Meanwhile, considerable scholarly effort has gone into appreciating the vitality of the later ‘mirrors of princes’, and their capacity to comment on a range of political situations.16 The emphasis of these studies has tended to be on the integration of classical learning into medieval political theory, and particularly the influence of Aristotle’s Politics, first introduced into the Latin West through the translation of the Dominican William of Moerbeke.17 Cary Nederman has revised this perspective, highlighting the continuity of interest in Cicero in shaping political thought from the twelfth century, promoted in particular by John of Salisbury, long before Petrarch claimed to have ‘discovered’ Cicero through his personal letters in a manuscript of Verona.18 While these influences are important in teasing out the continuities of concern between modern and medieval political thought, consideration of their intersections with the biblical and prophetic tradition of thinking on justice embodied in DDAS still has much to add. Recent excellent work on later medieval political ideas, such as Joel Kaye’s study on the concept of balance, has struck out in productive new directions.19 The relationship to early medieval precedent still has to be examined. The ways in which DDAS and scriptural tradition more generally continued to influence and be cited in some of these works has been largely neglected; a fact that has in turn disguised the interesting and likely deliberate omission of references to DDAS by some later medieval authors on political topics. Whether John of Salisbury (c. 1120–1180), a prominent figure in the development of specula, knew or used DDAS in preparing his Policraticus 15 For instance, on the former, see Anton, ‘Pseudo–Cyprian’; Meens, ‘Politics, Mirrors of Princes and the Bible’, pp. 353–357; Meeder, Irish Scholarly Presence at St. Gall, chap. 4; Winkler, Royal Responsibility, pp. 40–44. On the latter, see for example, Clayton, Two Ælfric Texts, pp. 56–71; Kritch, ‘Fragments and reflexes’, pp. 164–166. After 1066, authors like Wulfstan used their knowledge of DDAS, both independently and through Carolingian exemplars, to explain the Conquest as the outcome of a rex iniquus, see Winkler, Royal Responsibility, pp. 70–71. 16 See for example the various chapters in Bejczy and Nederman, eds, Princely Virtues in the Middle Ages 1200–1500. 17 Nederman, Lineages of European Political Thought. 18 Nederman, The Bonds of Humanity; see also Nederman, ‘Mechanics and Citizens’ and other articles in that same special issue of Vivarium, 40.1 (2002), on the reception of Aristotle’s Politics in the Middle Ages. 19 Kaye, Balance; see also the study of Briggs, chap. 10 in this volume.

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remains unclear. He does not cite it directly or by name, but shares several common themes with it and its Carolingian interpreters.20 The question of the attribution of the text was probably of recurring significance in the decisions of later authors to incorporate or reject it as a model. Thomas Aquinas (1225–1274), the first scholar in Paris to have access (1269–1272) to Aristotle’s Politics as translated by William of Moerbeke, for example, never cites DDAS, presumably because he doubts its patristic authorship in the same way as he spurned the De spiritu et anima as falsely attributed to Augustine.21 Giles of Rome (c. 1243–1316) similarly focused on Aristotle’s Ethics and Politics, but avoided any reference to DDAS.22 By contrast, the Dominican authors Vincent of Beauvais (c. 1194–1264) and William Peraldus (c. 1190–1271) both refer to DDAS as an authoritative work of Cyprian in their manuals on the instruction of princes.23 It was also taken up by Old Icelandic manuals on kingship in the thirteenth century,24 and by the Iberian canonist Álvaro Pais (c. 1280–1352) in his Speculum regum for Alfonso XI of Castile.25 The Oxford-trained canonist William Paull (d. c. 1332) cited its authority near the opening of his Speculum regis, addressed to Edward III, when reflecting on the king’s responsibility for justice.26 Wycliffe, also Oxford-trained, would draw extensively on DDAS in his writing, more for its general moral teaching in society.27 The twelve abuses would be reworked in a poem, ‘Go Forth King’, circulated among Chaucerian apocrypha and possibly by John Lydgate 20 On this diff iculty, see Barrau, ‘Ceci n’est pas un miroir’, pp. 90–91. DDAS is not cited in the list of authors whose works are identified as citations in Webb’s edition, either as a work of Cyprian or of Augustine, although he repeats similar phrases in Policraticus, 5.16, ed. Webb, i, p. 351: ‘Neminem iniuste uexauerat qui omnes calumpnias excludebat; nec iudicium eius peruertebat caro uel sanguis qui nullum umquam oppressit’; cf. DDAS, 9, ed. Breen, p. 400 (ed. Hellmann, p. 51): ‘Iustitia uero regis est neminem iniuste per potentiam opprimere.’ 21 Thomas Aquinas, Quaestiones disputatae de anima, 12, resp. ad arg. 1, ed. Bazán, Opera omnia, xxiv.1, p. 110. 22 Giles of Rome, De regimine principum, ed. Samaritanius. 23 Vincent of Beauvais, De morali principis institutione, ed. Schneider, and trans. Throop, in The Moral Instruction of a Prince; Vincent of Beauvais, De eruditione filiorum nobilium, ed. Steiner; William Peraldus, De eruditione principum, edited among the writings of Thomas Aquinas; Opera omnia, editio Parmensis, xvi, pp. 390–476. 24 Lebouteiller, ‘Prosperity and Peace’, p. 63. 25 See de Souza and de Souza, ‘As fontes de Álvaro Pais’, pp. 162–163. 26 William Paull, Speculum regis, ed. Moisant, p. 82, trans. in Political Thought, ed. by Nederman, p. 73. Ralph Hanna comments on the influence of DDAS on this text in London Literature, 1300–1380, pp. 268–269. Although Moisant attributed it to Simon Islip, archbishop of Canterbury, it is in fact by William Paull (also known as William of Pagula). 27 Lahey, John Wyclif, pp. 156–157. Further Wycliffite uses can be noted, for instance, in the Middle English ‘Tractatus de regibus, 1382’, in Four English Political Tracts, ed. by Genet, p. 10.

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(d. 1451).28 DDAS appeared in English translation by the Calvinist-inclined Nicholas Lesse in 1550, reprinted in 1590, this time under the title A Looking Glasse for England, dedicated to the memory of Francis Russell, 2nd Earl of Bedford (c. 1527–85), also a reformer.29 Questions need to be asked about these choices and what they reveal about the contours of medieval ideas on justice in governance, in particular the selective integration and emphasis of classical and scriptural traditions into medieval political thought. But DDAS is also more than a ‘mirror for princes’, as the range of its influence, noted above, suggests. After the pithy prologue, the anonymous author divides society into a series of categories, dealing separately with the ‘abuse’ particular to each. In so doing, they emphasized the concept of living up to one’s calling within society: an ‘abuse’ by a given group constituted a failure to do so. This device provided diverse opportunities for the author to explore the polysemic nature of the medieval Latin concept of iustitia, which is not wholly captured by rendering it as ‘justice’ in modern English. Depending on its use and context, iustitia could encompass a personal virtue, legal value, social ideal, political imperative, or divine attribute. It intersected ideas of righteousness, retribution, restitution, proportion, equity, and due process. It could be considered primarily as a quality of individuals, or a wider social phenomenon, as a legal or a moral concern. DDAS picked up on many of these aspects of iustitia and the ways it could be abused: by the disobedience of youth, the immodesty of a woman, the injustice of a king, the ill-discipline of ‘common folk’, or the lawlessness of a people. The variety of images of justice and injustice that it presented offered a rich seam of inspiration for later writers concerned with the Christian body politic. Thus, it was not always the king and his justice (or his abuse of it) that stimulated later uses of or reflections on the lessons of the text. Contributions in this volume show how the social significance of DDAS was prominent in its initial context, before being overshadowed by its political messages about rulership in the ninth and tenth centuries. By the twelfth century it was circulating widely in monastic contexts, in which its failure to address spiritual categories of person such as monks and priests became a problem in need of resolution. In the thirteenth century, with the expansion of legal and administrative process, it became a useful touchstone for the accountability and probity of both rulers and their officials. At the same time, in the context of rising urbanization and the advent of the mendicant orders, its social significance was rediscovered and emphasized 28 Chaucerian Apocrypha, ed. by K. Forni, p. 128. 29 A Looking Glasse for England, trans. by Nicholas Lesse.

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in conjunction with the twin calls for political and personal reform, a process catalyzed by its foreshadowing of the popular new genre of sermons ad status. By the fourteenth century, such uses had become all the more relevant in the widespread social critique of the ‘age of revolt’. This volume can only sample these, and many other, spheres of influence. We have not had the opportunity to explore in depth the reception of DDAS in the Iberian Peninsula, its dissemination in sermons, or its evolution in heretical circles, to name but three desiderata. The latter promises a particularly interesting direction of future study, given the inherent conservatism of a text that grounds its concept of justice in adhering to one’s preordained station in life.30 Nevertheless, by deliberately crossing boundaries of chronology, geography, and disciplinary tradition, we show the fruitfulness of considering the many facets of justice and its abuse that were impacted by the reception of DDAS from the seventh to the sixteenth centuries.

Overview of the volume The first chapters in this volume seek to present DDAS on its own terms as a treatise that in all likelihood emanates from Ireland around the mid-seventh century. Mews and Joyce open the volume by considering both its literary context and its textual transmission between the eighth and sixteenth centuries, building on important foundations laid by Aidan Breen.31 The fact that the treatise was attributed to a variety of authors, above all to Cyprian and Augustine, itself suggests that DDAS may originally have circulated anonymously. While no seventh-century manuscripts survive containing DDAS, the explosion of manuscript copies in the ninth century reveals much about how the work was used in the Carolingian period by writers like Jonas of Orleans (seemingly the first person to assign it to Cyprian) and Hincmar of Rheims. Textually, however, this version is more corrupt than that transmitted in those manuscripts, in which it is attributed to Augustine. In a few manuscripts, DDAS is not assigned to any author. Such manuscripts may derive from an ancient exemplar of high quality, copied before it started to circulate as a work of either Cyprian or Augustine, and preserved at an abbey like that of Corbie. In the early ninth century, DDAS was preserved 30 A related conservatism has been noted in later medieval texts of legal satire and polemic, including some of the poetry and song that cited DDAS; see Musson and Ormrod, Evolution of English Justice, pp. 167–172. 31 Breen, ‘De XII abusivis: Text and Transmission’.

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alongside other writings attributed to Augustine in the ancient library of Saint-Riquier, itself not far distant from Corbie. While the attribution of DDAS to Cyprian in the Carolingian period was not unintelligent, given that Cyprian inspired both some of its argument about ecclesial unity and its rhyming literary style, its circulation after the late eleventh century as a work of Augustine reflected a new interest in its spiritual message and contribution to the cause of religious renewal. Dáibhí Ó Cróinín tackles the difficult question of the Irishness of this treatise, above all by relating it to the great body of law that survives in Old Irish, which itself transforms orally transmitted vernacular legal teaching into a written record. Perhaps one of the most remarkable features of DDAS, that resurfaces in different ways across the centuries, is its argument about the final twelfth step of abuse, namely that of a people without a law. It is surely no coincidence that DDAS should emerge as a set of ethical principles, founded on the teaching of scripture, just as some of the earliest written vernacular and post-Roman codes of law were emerging in the Latin West. Irish scholars played a key role in the development of canon law, epitomized in their compilation by the early eighth century of the Collectio canonum Hibernensis (or Hibernensis for short). The fact that this compilation would include a lightly reworked version of the ninth abuse about the unjust king, here attributed to St Patrick, only confirms the close connection between its teaching about the nature of iustitia as applied to a king, with the broader principles of law relevant to all in society. The connections between DDAS and Senchas Már and its ways of categorizing different groups in society, leave little doubt about their common basis in a project to articulate the core ethical principles on which society, the Church, and government should be based. The chapter by Stephen Joyce about the internal logic of the organization of the various social categories within DDAS highlights the complexity of its teaching about both horizontal and vertical relationships in society. The driving conception of the treatise, he argues, is that of St Paul’s teaching about each needing to stay true to their own calling. One of its more puzzling features is that it never mentions monks or clergy, its only explicitly ecclesiastical category being that of the negligent bishop. The absence of any specific reference to monastic life connects it to the Rule of Basil (Asceticon) that was much cited as a moral guide within Hibernensis and itself drew much on Pauline teaching. DDAS also picks up on Jerome’s theme in his commentary on Ezekiel, that the watchman (speculator) could be the king or the prophet, but also the bishop and priest, ‘who was chosen by the people’ and who could, through the study of scripture, correct those who

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had moved away from their role as Christians.32 In this case, as in others, Joyce complements his analysis of the necessary behaviours within each calling by picking up on the intersectionality between categories offered by DDAS itself. Just as the ‘abuses’ of the bishop and the people were related, so too were those of the king and the lord, the old man and the youth, and so on, so that the message of the text can be read individually and collectively in a variety of permutations. This is an insight that informs several of the subsequent contributions. The remaining chapters in this volume consider in more detail a variety of contexts in which DDAS was interpreted and how issues of injustice were addressed over the medieval period. Jelle Wassenaar explores how the Irish traditions of DDAS were transformed on the continent between the ninth and eleventh centuries, with particular attention to issues of kingship. This is remarkable given the vast difference between the role of an Irish king, little more than one of many local rulers within Ireland, and the much larger responsibilities of a king within the Carolingian and post-Carolingian contexts. Charlemagne and his successors might have engaged Irish-trained scholars to develop both education and government, but within a very different situation from what had prevailed in Ireland. The heavily biblical culture that these Irish scholars introduced to the continent enabled churchmen like Hincmar of Rheims to speak out about how a king ought to behave, and what practices a king should avoid. DDAS also provided imagery that could help celebrate virtuous kingship, as well as offer principles for promoting penitence, at least within those committed to ecclesiastical life. The role of a king was not just to govern (on behalf of the Church), but to discipline those who departed from standards of morality and justice. The traditional, folk-aspects of DDAS, such as the fear that the physical prosperity of the land would decline when the king behaved unjustly, tended to be less emphasized or even disappear in a newer generation of manuals that it inspired. Ryan Kemp considers the question, far from obvious, about what role was played by DDAS in Germany and England in the eleventh and twelfth centuries. Given that it is so steeped in scriptural imagery about right behaviour, how can we be certain that this treatise lies behind the growing spirit of criticism of both royal and episcopal behaviour unleashed during 32 Jerome, Commentarii in Ezechielem, 10 (on c. 33), ed. Glorie, pp. 468–469: ‘Speculator terrae Iudaeae, uel rex potest intellegi, uel propheta; speculator autem ecclesiae, uel episcopus uel presbyter, qui a populo electus est, et, scripturarum lectione, cognoscens et praeuidens quae futura sint, annuntiet populo et corrigat delinquentem’.

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the great reforming movement of the eleventh century, that continued to exert influence in the twelfth century? Writers do not have to acknowledge DDAS to be influenced by its rhetoric, in which abusiones and abusiua refer to moral abuses, not just linguistic abuses, as in the traditional meaning of these terms in rhetorical discourse. Whatever stance a writer might take about kings and bishops, there was a growing freedom to identify kings and bishops as not living up to the duties of their office, as laid out by DDAS. While the ninth and tenth abuses had a particular reference to these two roles, there were others that could also be applied. Thus, the fifth, about the woman without modesty ( femina sine pudicitia), which one might imagine was principally about women, offers arguments about worthy behaviour that could be applied just as easily to churchmen. Perhaps more than any other country, England produced a remarkable crop of great historical writers in the twelfth century. In many ways, this was a legacy of the unusually privileged situation of monasticism in the country, with many of its cathedrals being monastic foundations, a situation quite different from that of the continent. With the rapid expansion of interest during the twelfth century in the writings of Cicero, Seneca, and other classical authors, it is much harder to say whether DDAS (certainly preserved in many monastic libraries in England) was having a direct influence. It may well be that its imagery had become so ingrained for someone like John of Salisbury that it was no longer necessary to single out its influence.33 This does not mean, however, that DDAS was no longer helping to shape the rhetoric of political life. A clear illustration of how the term abusio was no longer being confined to abuse of the meaning of words is provided by a treatise very clearly inspired by DDAS, namely De XII abusionibus claustri, composed by Hugh of Fouilloy.34 As Mews describes, Hugh decided to enter religious life (c. 1120), not as a monk of Corbie, the local abbey where in all likelihood he was educated, but as an Augustinian canon at Saint-Laurent-au-Bois, recently established on its lands. Unlike Carolingian readers of DDAS, Hugh was not particularly interested in kingship. Rather he was motivated by its mention of a negligent bishop to compose a list of twelve abuses much more relevant to religious life: the negligent prelate, the disobedient disciple, the lazy youth, 33 See above n. 20. 34 Many manuscripts survive of Hugh of Fouilloy’s De XII abusionibus claustri, frequently confused with DDAS in both medieval and some more recent library catalogues, but it has never been edited as a work on its own, except within the De claustro animae (DCA), 2. 11–21, PL, 176, 1058–1086. In the earlier two-book version, the first book became known as De claustro materiali, contrasted with another De claustro spirituali.

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the obstinate old man, the court monk, the legalistic monk, a precious habit, exquisite food, gossip in the cloister, contention in the chapter, dissolute behaviour in the choir, and lack of reverence on the altar.35 Hugh certainly came under the influence of the rhetoric of Bernard of Clairvaux, who frequently used phrases like magna abusio to lament what was happening within traditional monastic life. Hugh’s decision to become an Augustinian canon, however, signalled a significant new path being taken by religious renewal in the twelfth century. Unfortunately, Hugh of Fouilloy’s name was frequently confused with that of his fellow Augustinian, Hugh of Saint-Victor, so obscuring the originality of his output. Hugh of Fouilloy, who assumed that DDAS was written by Augustine, was more interested in the spiritual implications of its teaching for the nature of religio or religious observance than what it had to say about justice in the broader social and political order. In her chapter on the Oxford-trained Franciscan scholar and teacher, John of Wales (d. c. 1285), Kathleen Neal draws attention to his involvement in renewing interest in DDAS. This was not a text that had provoked much attention at the University of Paris in the first half of the thirteenth century. Alexander of Hales (d. 1245), a great enthusiast for the writings of Augustine, never cited DDAS by name in any of his known writings, even though he attributed to Augustine the De spiritu et anima, a text whose authenticity was questioned in the 1240s by both Vincent of Beauvais and Albert the Great.36 DDAS is mentioned just once (as a work of Augustine) in the Summa Alexandri, first put together perhaps in the early 1240s by Alexander and his leading disciples, in particular John of La Rochelle (d. 1245).37 Whether Grosseteste (c. 1168–1253) was familiar with DDAS is not certain. What is clear, however, is that John of Wales, whose early education was at Oxford, where he studied theology and joined the Franciscan Order by 1258, was particularly interested in combining the ethical instruction and classical exempla provided by John of Salisbury with those of DDAS. Neal argues that it was likely in the context of the political reform movement of mid-century 35 DCA, 2.11, PL, 176, 1058C: ‘Duodecim autem sunt abusiones claustri, quibus tota religionis summa turbatur, id est, praelatus negligens, discipulus inobediens, iuuenis otiosus, senex obstinatus, monachus curialis, monachus causidicus, habitus pretiosus, cibus exquisitus, rumor in claustro, lis in capitulo, dissolutio in choro, irreverentia iuxta altare.’ 36 On Alexander of Hales and Dominican doubts about Augustine’s authorship of the De spiritu et littera, see Mews, ‘Debating the Authority of Pseudo-Augustine’s De spiritu et anima’, and ‘The Early Diffusion of the De spiritu et anima’, pp. 317–18. 37 Summa theologica (also known as Summa fratris Alexandri and Summa Halensis), II.2, inq. 3 tract. 3 sectio 2, q. 3 c. 3, num. 420, iii, p. 422: ‘et hoc in Matth. 12. 19 quod exponit Augustinus, in libro De duodecim abusionibus: “Christianus nemo recte dicitur nisi Christi moribus coaequetur”’, citing DDAS, 7, (ed. Breen, p. 388; ed. Hellmann, p. 48).

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England that John encountered and realized the significance of DDAS for his vision of a Christian ‘res publica’ governed by law. John subsequently revised his Communiloquium after he moved to Paris in around 1270, modifying references to DDAS as being ‘by a certain wise man’ rather than as by Augustine, presumably because of doubts about its patristic authorship. While John (like Roger Bacon) was interested in the supposed exchanges between Aristotle and Alexander preserved in the Secretum secretorum, he was never as focused on newly translated Aristotelian texts as Thomas Aquinas. Given that over 250 MSS survive of the Communiloquium, in which he refers extensively to abusiones in many different groups in society and the cloister, John’s influence on the reception of DDAS, ideas of injustice, and political behaviour in the late thirteenth and fourteenth centuries deserves more attention than it has been given to date. In his chapter on the Speculum justiciariorum (usually translated as The Mirror of Justices), written in Anglo-Norman sometime between 1285 and 1289, Cary Nederman explores the influence of a treatise remarkable for its extensive employment of the notion of abusion. This text, which Nederman has argued is an idiosyncratic efflorescence of the speculum principum genre directed at the king for the purpose of warning him of the corruption of his justices, is one of, if not the earliest, to employ this Anglo-Norman term in the sense of ‘abusive behaviour’ similar to DDAS. The text emerged from a context of public and political critique related to the turbulence that inspired John of Wales, and borrowed several of the same motifs. Nederman identifies three categories of abusion in the text, each of which pertains to a facet of justice as practiced by the royal courts in Edward I’s England: political, judicial, and legal. Thus the ‘abuses’ of justice conceptualized in this text are of a narrower scope than those of DDAS itself. Moreover, whereas DDAS conceived of ‘abuse’ as a failure to live up to one’s calling as expressed primarily in scripture, the Speculum justiciariorum asserts that it is a comprehensive and accessible system of written law that will prevent ‘abuses’ among the justices. It is thus poised at an interesting midpoint between a work of complaint, in which general warnings are issued and signs of malpractice described, and one of advice, seeking explicit remediation. This emphasis on abuse as a way of defining how rulers and judges ought to behave was not restricted to an English context, as evident from the writings of Durand of Champagne, the Franciscan confessor to Jeanne of Navarre (r. 1285–1305), wife of Philip IV of France. Durand’s De informatione principum, currently being edited by Rina Lahav and Constant Mews, belongs to that great tradition of ‘Mirrors of Princes’ to which many mendicant friars

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contributed between the mid-thirteenth and mid-fourteenth centuries. Durand had previously written a Speculum dominarum for the benefit of Jeanne de Navarre. Now he was writing for her son, Louis (1289–1316), who would rule as Louis X for only two years prior to his untimely demise. The De informatione principum is a treatise that in many ways looks back to the Communiloquium of Durand’s fellow Franciscan, John of Wales, who may well have taught Durand as a young student in Paris. As for John of Wales, DDAS and the Policraticus of John of Salisbury both provided sources of inspiration of the De informatione principum. Yet where Giles of Rome gave maximum place to the authority of Aristotle in his De regimine principum, Durand would emphasize the contribution of scripture, alongside that of the great classical teachers presented by John of Salisbury. Durand was also familiar with the teaching of Thomas Aquinas about the emotions and their relation to both vice and virtue. His attempt to combine these various perspectives would be taken a step further by a disciple in the Speculum morale, a massive compendium of moral instruction that went even further than both the Speculum dominarum and De informatione principum. While Durand’s name would disappear from historical memory, the effort of an unknown Franciscan to complete the Speculum maius of Vincent of Beauvais marked an important final stage in the development of one of the great medieval encyclopedias. By the late thirteenth century, however, the Franciscan approach to justice, which combined the testimony of DDAS with the more classically inspired authority of John of Salisbury’s Policraticus, was being replaced by an alternative model, which focused much more on justice in terms of balance and equity. DDAS was not the only source of reflection on the nature of justice. In his chapter on what Italian mendicant friars (Dominican in particular, but also Augustinian) had to say on these issues, Charles Briggs supports the argument of Joel Kaye that a new model of iustitia emerges in the Italian communes in the late thirteenth century centred around the idea of balance. It may be no accident that in the writings of Thomas Aquinas and Giles of Rome DDAS ceases to be invoked as providing authoritative testimony about the nature of justice. Instead, Cicero, Seneca, and Aristotle become the major figures invoked to support an image of justice as rightful balance, at least within a communal context. A treatise devised to guide principles of justice within the petty kingdoms of seventh-century Ireland no longer had much to say to those concerned by principles of equity in communes, where royal authority no longer held sway. In a final chapter, Sylvain Piron explores another re-working of the list of abuses, inspired by both DDAS and the De XII abusionibus claustri of Hugh of Fouilloy, but in this case written in the Tuscan vernacular by the

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Fraticelli in late fourteenth-century Florence. The same document also features, in Latin, among works by the Franciscan, Peter John Olivi, copied by Bernardino da Siena (1380–1444) in the 1420s, presumably out of materials confiscated from a group of Fraticelli. Piron discusses the possibility of Olivi’s authorship of this piece, and argues that this list of abuses presents in any event a summary of a vision shared by Olivi and his disciples regarding the corruption of the Church and of the social world, that calls for the coming of the Antichrist. Bernardino of Siena would himself allude several times to the DDAS as a work of Cyprian, illustrating well the enduring capacity of a text written in seventh-century Ireland to provoke reflection on persistent failures of justice within one aspect or other of the body politic.38 As contributions in this volume reveal, DDAS stimulated discussion about many forms of justice and the ways in which it could be abused in a variety of contexts and across a range of social and political categories as it travelled across time and space. The various chapters seek to bring the spheres of ethics, political thought, and practice into productive dialogue, exposing an intersection of themes—typically treated by distinct scholarly traditions—in which DDAS played a particular role. By exploring a sample of these diverse moments of engagement, interpretation, and reflection – and occasionally rejection – this volume uncovers a continuous process of thinking about and attempts to act upon scriptural ideals of justice and injustice in the medieval body politic that did not always depend directly on the rediscovery of ancient authors, although it sometimes overlapped and interacted with that phenomenon, producing new insights.

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Augustine, Epistulae, ed. by A. Goldbacher, CSEL, 44, 57 (Vienna: Tempsky, 1895–1898). Augustine, Quaestionum in heptateuchum libri septem, ed. by J. Fraipont, CCSL, 33 (Turnhout: Brepols, 1958). Bede, De schematibus et tropibus ed. by C. B. Kendall, CCSL, 123A (Turnhout: Brepols, 1975), pp. 142–171. Bernardino of Siena, Opera omnia, ed. by PP. Collegii S. Bonaventurae (Quaracchi: Collegium S. Bonaventurae, 1950–1965). Breen, Aidan, ‘Towards a Critical Edition of De XII Abusivis: Introductory Essays with a Provisional Edition of the Text and Accompanied by an English Translation’ (unpublished doctoral thesis, University of Dublin, 1988). The Chaucerian Apocrypha: A Selection, ed. by K. Forni (Kalamazoo: Medieval Institute, 2005). Cicero, De finibus bonorum et malorum, ed. by Th. Schichte (Leipzig: Teubner, 1915). Cicero, De inventione, ed. by E. Stroebel (Leipzig: Teubner, 1915). Cicero, De officiis, ed. by A. Atzert (Leipzig: Teubner, 1963). Four English Political Tracts of the Later Middle Ages, ed. by J.-P. Genet, Camden Fourth Series, 18 (London: Royal Historical Society, 1977). Gerald of Wales, De instructione prinicipis, ed. by J. F. Dimock and E. A. Freeman, RS, 21.8 (London: Longman, 1891). Giles of Rome, De regimine principum libri III, ed. by Hieronymus Samaritanius (Rome: B. Zannettum, 1607; repr. Frankfurt a.M., 1968). Gratian, Decretum magistri Gratiani, ed. by Emil Friedberg, Corpus iuris canonici, 1 (Leipzig: Tauchnitz, 1879). Guibert of Tournai, Le traité Eruditio regum et principum de Guibert de Tournai, O.F.M. Étude et texte inédit, ed. by A. De Poorter, Les Philosophes Belges, 9 (Louvain: Institut supérieur de philosophie de l’Université, 1914). Hugh of Fouilloy, De claustro animae, PL, 176, 1017–1182. Jerome, Commentarii in Ezechielem, ed. by F. Glorie, CCSL, 75 (Turnhout: Brepols, 1964). John of Salisbury, Policraticus sive de nugis curialium et vestigiis philosophorum libri viii, ed. by Clemens C. J. Webb, 2 vols (Oxford: Clarendon Press, 1909). John of Salisbury, Policraticus: Of the Frivolities of Courtiers and the Footprints of Philosophers, trans. by Cary Nederman (Cambridge: Cambridge University Press, 1990). Liber quaestionum in euangeliis, ed. by J. Rittmueller, CCSL, 108F (Turnhout: Brepols, 2003). A Looking glasse for England. Wherein those enormities and foule abuses may most euidentlie be seene, which are the destruction and ouerthrow of euery Christian common-wealth. Likewise, the onely meanes howe to preuent such daungers: by imitating the wholsome aduertisements contayned in thys booke. Which sometime

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was the iewell and delight of the right honourable Lorde and father to his countrey, Fraunces Earle of Bedforde, deceassed, trans. by Nicholas Lesse (London: Iohn C[harlewood] for Henry Car, and Thomas Butter, 1590; Ann Arbor: Text Creation Partnership, 2011). Pelagius, Expositiones XIII epistularum Pauli, ed. by A. Souter, Pelagius’s Expositions of Thirteen Epistles of St Paul, Texts and Studies, ix, 3 vols (Cambridge: Cambridge University Press, 1922–1931); repr. in PL Supplementum, 1, 1110–1374. Political Thought in Early Fourteenth-Century England: Treatises by Walter of Milemete, William of Pagula, and William of Ockham, ed. by Cary J. Nederman (Brepols: Turnhout, 2002). Scotus anonymous, Commentarius in epistulas catholicas, ed. by R. E. McNally, CCSL, 108B (Turnhout: Brepols, 1973). Seneca, Epistulae morales ad Lucilium, ed. by O. Hense (Leipzig: Teubner, 1938). Thomas Aquinas, Quaestiones disputatae de anima, ed. by B.-C. Bazán, Opera omnia, xxiv.1 (Roma: Editio leonina, 1996). Two Ælfric Texts: The Twelve Abuses and The Vices and Virtues. An Edition and Translation of De duodecim abusivis and De octo vitiis et de duodecim abusivis, ed. and trans. by Mary Clayton (Woodbridge: Boydell, 2013). Vincent of Beauvais, De eruditione filiorum nobilium, ed. by Arpad Steiner, Medieval Academy Books, 32 (Menasha, WI: George Banta Publishing for the Medieval Academy of America, 1938). Vincent of Beauvais, De morali principis institutione, ed. by R. J. Schneider, CCCM, 137 (Brepols: Turnhout, 1995). Vincent of Beauvais, The Moral Instruction of a Prince and Pseudo-Cyprian The Twelve Abuses of the World: An English Translation of De morali principis institutione and De duodecim abusivis saeculi, trans. by Priscilla Throop (Charlotte, VT: MedievalMS, 2011). William Paull (of Pagula), De speculo regis Edwardi III, ed. by J. Moisant [attributing the work to Simon Islip] (Paris: Picard, 1891). William Peraldus, De eruditione principum, in Thomae de Aquino Opera omnia, editio Parmensis (Parma, 1864), xvi, pp. 390–476.

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F. Lachaud and L. Scordia (Publications des Universités de Rouen et du Havre: Rouen, 2007), pp. 87–110. Bejczy, István P., and Cary J. Nederman, eds, Princely Virtues in the Middle Ages 1200–1500 (Turnhout: Brepols, 2007). Berges, Wilhelm, Die Fürstenspiegel des hohen und späten Mittelalters (K.W. Hiersemann: Lepizig, 1938). Breen, Aidan, ‘De XII abusiuis: Text and Transmission’, in Ireland and Europe in the Early Middle Ages. Texts and Transmissions. Irland und Europa im früheren Mittelalter: Texte und Überlieferung, ed. by Próinséas Ní Chatháin and Michael Richter (Dublin: Four Courts, 2002), pp. 78–94. Byrne, Francis J., Irish Kings and High-Kings, 2nd edn (Dublin: Four Courts, 2001). De Souza, J. A. d. C. R., and A. M. de Souza, ‘As nontes de Álvaro Pais no Livro I Do estado e pranto da Igreja e na parte teórico-política do Espelho dos reis’, Theologica, 49.1 (2014), 157–170. Fletcher, Christopher, ‘Politics’, in Using Concepts in Medieval History: Perspectives on Britain and Ireland 1100–1500, ed. by Jackson W. Armstrong, Peter Crooks, and Andrea Ruddick (Cham: Palgrave Macmillan, 2022), pp. 163–186. Gaposchkin, M. Cecilia, ‘Talking About Kingship When Preaching About Saint Louis’, in Preaching and Political Society: From Late Antiquity to the End of the Middle Ages/Depuis Depuis l’Antiquité tardive jusq’à la fin du moyen âge, ed. by F. Morenzoni (Brepols: Turnhout, 2013), pp. 135–172. Hanna, Ralph, London Literature, 1300–1380 (Cambridge: Cambridge University Press, 2005). Kaye, Joel, A History of Balance: 1250–1375: The Emergence of a New Model of Equilibrium and Its Impact on Thought (Cambridge: Cambridge University Press, 2014). Kritsch, Kevin R., ‘Fragments and Reflexes of Kingship Theory in Ælfric’s Comments on Royal Authority’, English Studies, 97.2 (2016), 163–185. Lahey, Stephen E., John Wyclif (Oxford: Oxford University Press, 2009). Lambertini, Roberto ‘Mirrors of Princes’, in Encyclopedia of Medieval Philosophy between 500 and 1500, ed. by Henrik Lagerlund, 2 vols (Springer: Dordrecht, 2011), ii, pp. 791–797. Lebouteiller, Simon, ‘Prosperity and Peace: Glorification of Rulers in Medieval Scandinavia’, in Nordic Elites in Transformation, c. 1050–1250, Volume III: Legitimacy and Glory, ed. by Wojtek Jezierski and others (London: Routledge, 2020), pp. 61–82. Meeder, Sven, The Irish Scholarly Presence at St. Gall: Networks of Knowledge in the Early Middle Ages (London: Bloomsbury, 2018). Meens, Rob, ‘Politics, Mirrors of Princes and the Bible: Sins, Kings and the Well-Being of the Realm’, Early Medieval Europe, 7 (2003), 345–357.

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Mews, Constant J., ‘The Consequences of Injustice in Early Medieval Ireland’, Journal of the Australian Early Medieval Association, 18 (2022), 1–27. Mews, Constant J., ‘Debating the authority of Pseudo-Augustine’s De spiritu et anima’, Przegląd Tomistyczny, 24 (2018), 321–348. Mews, Constant J., ‘The Early Diffusion of the De spiritu et anima and Cistercian Reflection on the Powers of the Soul’, Viator, 49 (2019), 297–330. Mews, Constant J., ‘The Twelve Abuses of the Age: Ethical and Political Theory in Early Medieval Ireland and its Influence’, in Rethinking Medieval and Renaissance Political Thought, ed. by Chris Jones and Takashi Shogimen (London: Routledge, 2023), pp. 87–105. Musson, Anthony, and W. Mark Ormrod, The Evolution of English Justice: Law, Politics and Society in the Fourteenth Century (Basingstoke: Macmillan, 1999). Nederman, Cary, The Bonds of Humanity: Cicero’s Legacies in European Social and Political Thought, ca. 1100–ca. 1550 (Philadelphia: Penn State University Press, 2019). Nederman, Cary, Lineages of European Political Thought: Explorations along the Medieval/Modern Divide from John of Salisbury to Hegel (Washington, DC: Catholic University of America Press, 2009). Nederman, Cary, ‘Mechanics and Citizens: The Reception of the Aristotelian Idea of Citizenship in Late Medieval Europe’, Vivarium, 40.1 (2002), 75–102. Nederman, Cary, ‘There Are No “Bad Kings”: Tyrannical Characters and Evil Counselors in Medieval Political Thought’, in Evil Lords: Theories and Representations of Tyranny from Antiquity to the Renaissance, ed. by Nikos Panou and Hester Schadee (New York: Oxford University Press, 2018), pp. 137–156. Negri, Franco, ‘Per una lettura del De Claustro Animae di Ugo di Fouilloy’, (unpublished doctoral thesis, Universitá degli Studi di Parma, 2012). Weiler, Björn, Paths to Kingship in Medieval Latin Europe, c. 900–1200 (Cambridge: Cambridge University Press, 2021). Wenzel, Siegfried, Latin Sermon Collections from Later Medieval England: Orthodox Preaching in the Age of Wyclif (Cambridge: Cambridge University Press, 2005). Winkler, Emily A., Royal Responsibility in Anglo-Norman Historical Writing (Oxford: Oxford University Press, 2017).

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About the authors Constant J. Mews is Emeritus Professor and formerly Director of the Centre for Religious Studies, Monash University (Australia). He specializes in the religious and intellectual history of Europe in the twelfth and thirteenth centuries, on which he has published widely, but is also completing Aidan Breen’s edition of DDAS for the Corpus Christianorum. Kathleen B. Neal is Senior Lecturer in History and Director of the Centre for Medieval & Renaissance Studies at Monash University (Australia). She specializes in later-medieval political culture and communication. Her monograph The Letters of Edward I: Political Communication in the Thirteenth Century was published by Boydell Press in 2021.

1 The De XII abusiuis saeculi Contexts and Textual Traditions Constant J. Mews and Stephen J. Joyce Abstract This chapter considers both the scriptural and patristic inf luences shaping the core themes of the De XII abusiuis saeculi and the diffusion of its text between the late eighth and sixteenth centuries. It considers how abusio and abusiua, traditionally understood as misuse of words, were expanded in meaning in this work to refer to abusive behaviour. It introduces the literary context of its composition in seventh-century Ireland, before examining the diffusion of the text on the continent, not just through its being quoted in the canon law collection known as Hibernensis, but through being copied as a work of Cyprian (dominant in the Carolingian period) or of Augustine (increasingly common in the twelfth century). Keywords: Abuses, Grammar, Textual Transmission, Manuscripts, Reform, Political behaviour

The De XII abusiuis saeculi attracted readers throughout the medieval period. Over four hundred manuscripts survive from between the eighth and sixteenth centuries containing either its complete text, excerpts, or simply a list of its numbering of twelve abuses of the age. Between the ninth and eleventh centuries, it circulated mostly under the name of Cyprian of Carthage (d. c. 251), while its attribution to Augustine of Hippo (d. c. 431) became more frequent between the twelfth and fourteenth centuries.1 In the late fifteenth century,

1 Breen, ‘Towards a Critical Edition’, p. 234, reports that 400 MSS is probably ‘a gross underestimate’.

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch01

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DDAS was printed under both names.2 Its popularity across the medieval period makes its influence complicated to track. In 1909, Siegmund Hellmann relied mostly on ninth- or tenth-century manuscripts in which DDAS was attributed to Cyprian for his critical edition.3 In 1988, Aidan Breen argued that a better text was preserved in what he called ‘Class 1’ manuscripts, most from the twelfth century, in which it was often attributed to Augustine, than in those Class 2 and 3 MSS, in which it was assigned to Cyprian.4 What can we learn from the textual transmission of DDAS about both the original context of its composition and the varying ways in which its authority was asserted? Sketching out the various phases of interest in DDAS, studied in more detail in other chapters in this volume, enables us to map out larger questions about the evolving notions of ‘abuse’ and ‘injustice’ in the medieval period. A case can be made for relating phases of interest in the work to periods of crisis in political or religious life. Before we look at its transmission, however, we first need to summarize what we know about its style and literary context. Grammar, Scripture, and abusiua DDAS imitates the biblical practice of gnomic couplets, as in the book of Ecclesiasticus in the Old Testament, with the difference that, in DDAS, these non-metrical couplets consistently employ end-rhyme. This structure can be illustrated by laying out the text of the beginning of DDAS, 1 as follows: Primo, si sine operibus bonis sapiens et praedicator fuerit, quia quod sermone docet, actibus explere neglegit, auditores enim doctrinae dicta facere contemnunt; cum praedicatoris opera a praedicationis uerba discrepare conspiciunt. ‘Numquam enim fit efficax auctoritas constituentis, nisi eam effectu operis cordi affixerit audientis’, praesertim cum et ipse doctor, si in uitiorum amorem delapsus fuerit alterius doctoris medicamentum suis uulneribus adhibere paruipendit.5 2 DDAS was printed among the works of Cyprian in PL, 4, 869–882, and among those of Augustine in PL, 40, 1079–88 (references to PL are always to volume and column of the text); on the early printed editions reprinted by Migne, see below, nn. 105–107. 3 DDAS, ed. Hellmann, replacing the 1871 edition of Wilhelm Harte, pp. 152–173. 4 See Breen, ‘Towards a Critical Edition’, pp. 262–277, for further detail. 5 DDAS, 1, ed. Breen, p. 334 (ed. Hellmann, p. 33, following the Class 3 variant: Primus abusionis gradus est si). Most Class 1 and 2 MSS begin the sentence with Primo si …. This makes sense if the first two couplets are not separate sentences (as understood by scribes), but are part of a single sentence (here a semi-colon is added).

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[Firstly, if a wise man and preacher is without good works, he neglects carrying out in actions what he teaches in words; hearers despise acting on the sayings of teaching when they perceive that the actions of a preacher do not match a preacher’s words. ‘The authority of one giving instruction never becomes effective unless he fixes onto the heart of a listener by effective action’, especially when the teacher himself, if he has fallen into the love of vice, disdains applying to his wounds the medicine of another teacher.]

This style is very different from Ciceronian prose, in which emphasis is placed on a f ixed rhythm (cursus) at the end of a sentence rather than end-rhyme. In Jerome’s translation of the Vulgate, end-rhyme surfaces only occasionally, not as a deliberate style.6 One of the first rhymes in this opening passage (contemnunt … conspiciunt) also appears in the Moralia in Job by Pope Gregory the Great (d. c. 604), who makes extensive use of the technique in his homiletic writing, although not so much in his letters.7 The parallelism constituentis … audientis echoes a sentence taken from the monastic reformer, John Cassian (d. c. 435) to make a moral point.8 This style of consistent end-rhyme had been used by Tertullian and Cyprian of Carthage in the third century. While employed less often by Augustine, its use by Gregory prompted its being used by Isidore of Seville (d. c. 636) in certain of his writings.9 End-rhyme is well suited for public declamation and for memorizing texts. 6 For example, there is occasional rhyming in the Sermon on the Mount (Matt. 5. 5–9: beati… consolabuntur, … saturabuntur, … consequentur, … uocabuntur). 7 Gregory the Great, Moralia in Job, 7.32, ed. Adriaen, p. 370: ‘Nunc quippe aeterna intellegere neglegunt, uel appetere intellecta contemnunt; sed tunc ea intellegentes procul dubio desiderantes que conspiciunt, cum desiderata assequi nequaquam possunt.’ See also Moralia in Job, 15.46, ed, Adriaen, p. 781: ‘cum ei seruientibus deesse conspiciunt, ipsi seruire contemnunt.’ 8 Cassian, Conlationes, 11.4, ed. Petschenig, p. 317: ‘numquam enim erit efficax instituentis auctoritas, nisi eam effectu operis sui cordi adf ixerit audientis.’ Class 1 MSS of DDAS read constituentis auctoritas; other MSS change this to auctoritas constituentis, as required by the rhyme; on these Class 1 MSS, see n. 87 below. 9 Polheim, Reimprosa, pp. 216–220, defines the end-rhyme or rhyming prose style, modelled on that of Gorgias (and criticized by Cicero as intemperate), as developed by African authors, including Tertullian and Cyprian, with discussion of its use by Isidore on pp. 293–309 and by Irish authors (Columbanus, DDAS, and Hibernensis) on pp. 312–319. David Howlett, The Celtic Latin Tradition of Biblical Style, focuses much more on rhythm and number of syllables than end-rhyme, but indirectly reveals occasional examples of rhyming prose in various insular authors, including Gildas (pp. 79–80) and Columbanus (pp. 82–91). It became more common to reserve rhyme for metrical verse, as in hymns associated with Columbanus (pp. 157–172).

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The driving concern of DDAS is with twelve abusiua or forms of behaviour that create an abusive expression, when linked to the name of a particular category in society. While in modern English ‘abuse’ tends to mean either improper behaviour or insulting language, abusio and abusiua were understood in classical Latin to refer only to the improper use of words. They are relatively rare terms, invoked only occasionally by Pseudo-Cicero in his Rhetorica ad Herennium, and Quintilian.10 Isidore and Bede (d. 735), followed Augustine and other patristic authors in reserving abusio for linguistic misuse.11 The adverbial form abusiue, rare in late antiquity, became more common in grammatical commentaries from the early medieval period, many with an Irish connection.12 Two of the twelve categories in DDAS, namely the eighth about the proud pauper (pauper superbus) and the ninth about an unjust king (rex iniquus), both occur in Ecclesiasticus (25. 4 and 51. 7). In DDAS, the phrase abusiua saeculi extends the meaning of the word to inappropriate behaviour, a sense rarely found in earlier Church Fathers. Juxtaposing abusiua with saeculi creates a deliberately provocative title.13 The title promoted a new way of thinking about behaviour in the medieval period, in terms of abuse. The word abusio occurs just once in the Latin Vulgate translation of the Bible, namely in Psalm 30. 18, which asks God to silence a deceitful tongue who speaks iniquity in pride and abuse (in superbia et in abusione). This phrase may have influenced Jerome (d. c. 420) to comment in relation to Ezekiel 28. 15, that the king of Tyre was rightly chided by the prophet for holding his position ‘through pride and abuse of power’.14 This seems to be Isidore uses this style only in certain texts, notably his Sententiae, as in 1.1, ed. P. Cazier, p. 7: ‘Summum bonum Deus est, quia incommutabilis est et corrumpi non potest.’ It was called the stilus Isidoreanus by John of Garland in the early thirteenth century, who distinguished it from the stilus Ciceronianus, the stilus Gregorianus (both marked by use of the cursus), and the stilus Hilarianus (with a strict number of syllables, as in hymns attributed to Hilary). On its classification, see Turcan-Verkerk, ‘La théorie des quatre styles’. 10 Cicero, Orator, 194, ed. Reis, p. 31; Pseudo-Cicero, Rhetorica ad Herennium, 4.33, ed. Marx, p. 45; Quintilian, Institutio oratorica, 3.3.9, 8.2.5, 8.6.6, 10.1.12, ed Radermacher and Buchheit, pp. 33, 73, 121–122, 234. 11 Isidore, Etymologiae, 3.21.4, 10.29, 11.3.3, ed. Lindsay; Bede, De schematibus et tropibus, 2, ed. Kendall, p. 153. 12 Tatuin, Ars grammatica (de uiii partibus orationis), 1, ed. De Marco, pp. 10, 15. On Tatuin, see Law, ‘The Transmission of the Ars Bonifacii and the Ars Tatuini’. 13 In keeping saeculi within the title (following the witness of most Class 1 MSS), we differ from Breen, ‘Towards an Edition’, pp. 278–279, who argued that it was not part of the original title. 14 Jerome, Commentarii in Ezechielem, 9, c. 28, ed. Glorie, p. 396: ‘quae in thesauro pectoris tui, per superbiam et abusionem potestatis quam acceperas, tenebatur inclusa’. See also Esther 16. 2: abusi sunt in superbiam.

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the first and only time that a classically trained author relates abusio to power rather than to words. Jerome was also alluding to scriptural warnings about ‘oppressing through power’ (Lev. 25. 46, Dt. 21. 14, and James 2. 6). DDAS picks up on this theme in relation to kingship, linking it to another recurring scriptural phrase, that God has no favourites (1 Peter 1. 17: sine acceptione personarum, also echoing Rom. 2. 11, Eph. 6. 9, Col. 3. 25, and James 2. 1). DDAS bases its ethical principles above all on scriptural phrases, drawing not on classical texts about justice, but on patristic authorities, especially the aforementioned Cassian, Jerome, and Gregory the Great, as guides to their interpretation. DDAS reflects many of the literary interests of seventh-century Ireland, above all in grammar and scripture. This was a period when Irish schools were attracting students from both Britain and Gaul.15 One of its most brilliant figures was Virgilius Maro Grammaticus, active in Ireland in the mid-seventh century. He argued (perhaps by way of parody) that there were twelve types of Latinity and twelve types of poetic metre.16 Virgilius belonged to a pioneering generation of Irish grammarians who taught Latin by explaining and building on the Ars grammatica of the fourthcentury North African grammarian Donatus, the teacher of Jerome. In this treatise, Donatus spoke about the twelve vices of speech (including barbarism, solecism, and ambiguity), perhaps prompting the author of DDAS to identify twelve forms of abusive behaviour.17 Another illustration of its fusion of grammatical and rhetorical culture is the Hisperica famina, a linguistic tour de force that speaks learnedly of ‘the twelve vices that tear the Ausonian palate’.18 DDAS often circulates alongside texts by or attributed to Isidore of Seville, who, aside from stylistic considerations, also influenced 15 On the vigour and influence of the schools in Ireland, see Bede, Historia Ecclesiastica, 3.3–4, ed. Colgrave and Mynors, pp. 218 and 224, and Richter, Ireland and her Neighbours in the Seventh Century, pp. 159–233. 16 Virgilius Maro Grammaticus, Epistulae, in Opera, ed. Huemer, p. 132; Epitomae, 4 and 15, in Opera, ed. Huemer, pp. 24 and 88. For more on Virgilius Maro, see Herren, ‘Some New Light on the Life of Virgilius Maro’. The earliest known Irish grammatical text is the Ars Asporii, known to Virgilius Maro: see Ó Cróinín, Early Medieval Ireland, pp. 191–192, 225–228. See also Law, Wisdom, Authority, and Grammar. 17 Donatus, Ars grammatica, 4.3, ed. Keil, p. 394: ‘Cum barbarismo et soloecismo vitia duodecim numerantur hoc modo: barbarismus, soloecismus, acyrologia, cacenphaton, pleonasmos, perissologia, macrologia, tautologia, eclipsis, tapinosis, cacosyntheton, amphibolia.’ For an interpretation of these categories, see Joyce, Chapter 3, n. 25. 18 Hisperica famina, ed. Herren, i, p. 72: ‘Bis senos exploro uechros qui Ausonicam lacerant palathum. Ex his gemella astant facinora, quae uerbalem sauciant uipereo tactu struem: alterum barbarico auctu loquelarem inficit tramitem, ac gemello stabilitat modello, quaternaque nectit specimina: inditos litteraturae addit assidu[a]e apices, statutum toxico rapit scriptum dampno,

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its particular fusion of grammatical and biblical learning. Its author crafted a text that combined profound knowledge of scripture with grammatical and rhetorical techniques that he hoped could make his concerns relevant to a wider society.

Iustitia and morality A central theme in DDAS relates to the importance of iustitia as meaning not just personal righteousness, but equity in relationships with others. Its complaints begin with the most specific (a wise man without good works) and conclude with the most general (a people without law). With each of these categories, complaints are made about individuals failing to live up to their calling, as formulated in scripture. Such behaviour leads to iustitia being suffocated, and the destruction of the social order. DDAS addresses much more than personal righteousness. It is concerned with the implementation of iustitia in all social relationships as a foundation for law. In this respect DDAS is quite different from the sixth-century Rule of Benedict, to which it has been connected. Siegmund Hellmann suggested that the notion of twelve steps of abuse may have been influenced by the account of the twelve steps of humility in the Rule of Benedict (an idea that Breen supported, although he suggested that it could also have been inspired by the earlier Rule of the Master).19 One difficulty with this claim, however, is that there is no evidence for either of these two monastic rules being followed in seventh-century Ireland. Humility, the dominant virtue in both these Rules, is never singled out as the dominant virtue in DDAS. The only known reference to the Rule of Benedict in early medieval Ireland occurs within a passage of the Collectio canonum Hibernensis (completed by the early eighth century), attributed to Jerome.20 By contrast, the Asceticon or the Rule of Basil (d. c. 379) is frequently mentioned in Hibernensis.21 The translation of Basil’s Rule into Latin by Rufinus of Aquileia (d. c. 411) circulated widely in the early medieval period, prior to the imposition of the Rule of Benedict. It is used, for example, in the Ambrosianum, a penitential that was summarized as ‘excerpts from the Book of David’ and copied alongside excerpts from litterales urbanae mouet caracteres facundiae, stabilem picturae uenenoso obice transmutat tenorem.’ Columbanus, Epist. ad Bonifatium, ed. Walker, p. 48, speaks of Ausonici decoris. 19 Hellmann, DDAS, p. 32; see also Breen, ‘De XII abusivis: Text and Transmission’, p. 80. 20 It occurs in a passage erroneously attributed to Jerome in Hibernensis, 38.3, ed. Flechner, p. 292. On its absence in early Irish monasticism, see Ó Cróinín, chap. 2. 21 On DDAS in Hibernensis, see n. 55 below.

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the Penitential of Gildas.22 Both David (d. c. 589) and Gildas (d. c. 512/570) were significant religious figures in Britain and Ireland. Unlike Benedict, Basil never addresses monks as a specific social group, but rather all those pursuing a disciplined and ascetic way of life, inspired by the Pauline edict that each should live out their calling in society.23 This is the same focus as DDAS, which avoids any specific reference to clerics, monks, or abbots in its text, while attending closely to the ideal behaviour of various social groups. This Pauline notion, that each should follow their calling, was also picked up by the controversial British spiritual writer, Pelagius (d. c. 418), with whom Augustine came into conflict in later life.24 It is also pursued in a number of so-called rules preserved in the Irish language from the eighth or ninth centuries. The Rule attributed to Carthach (d. c. 637, also known as Mochuda) gives advice to a range of social groups, beginning with bishops and abbots, but then proceeding to priests, monks, and members of the Irish ascetic movement, the Céli Dé, with a final comment about the need for the king to be just.25 It reflects a similar core ethos to that of DDAS, while being more specific about various ecclesiastical duties. One text on which DDAS may draw is the De vita Christiana, a moral exhortation addressed to ‘a beloved sister’ about the need for any Christian to live up to that name.26 Whether this is the treatise described by Gennadius of Marseilles (d. c. 496) as addressed by Fastidius, ‘bishop of the Britons’ to a certain ‘Fatalis’ is debated.27 Its author begins by describing himself 22 Mews and Joyce, ‘The Preface of Gildas’; the Penitentiale Ambrosianum is edited by Körntgen, Studien zu den Quellen der Frühmittalterlichen Bussbücher, pp. 257–270. 23 The Rule (Asceticon) of Basil is explicitly referred to in Hibernensis, 9.2, 12, 12.13, 21.11, 26.20, 65.3, ed. Flechner, i, pp. 43, 58, 65, 125, 181, 459. It is also mentioned in The Amrae Choluim Chilli of Dallan Forgaill, ed. O’Byrne, p. 39; ed. Bisagni, ‘Amrae Coluimb Chille’: A Critical Edition, pp. 199–203. On Pauline imagery in DDAS, see Joyce, chap. 3 below, pp. 101–104, and in Basil, Regula 98.2, 101.1, 186.2, ed. Zelzer, pp. 130, 131, 207. 24 St Paul’s notion of uocatio (Rom. 11. 29; i Cor. 1. 26, 7. 20 (and 24); Eph. 1. 18, 4. 1, 4. 4; Phil. 3. 14; ii Thess. 1. 11; ii Tim. 1. 9; Heb. 3. 1) prompts Pelagius to discuss the notion of God’s calling individuals some forty-eight times in his Expositiones XIII epistularum Pauli, ed. Souter (text accessible through the Brepols Celtic Latin database). 25 The Irish text with English translation is provided by Mac Elaise, ‘Rule of Saint Carthage’. A translation is included by Ó Maidín, The Celtic Monk, pp. 59–63, which assembles translations of various such rules, attributed to Ailbe, Comghall, Colm Cille, Ciarán and Cormac Mac Ciollonáin, as well as of the Céli Dé and of Tallaght. 26 The De vita Christiana is attributed to Augustine in PL, 40, 1031–1046, but to Fastidius, a British bishop, in PL, 50, 383–402. It is translated by Rees, The Letters of Pelagius and his Followers, pp. 105–126. 27 Gennadius, De viris illustribus, c. 57, ed. Richardson, p. 81: ‘Fastidius, Britannorum episcopus, scripsit ad Fatalem quendam De vita Christiana librum et alium De viduitate servanda sana et Deo

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as a sinner in terms very similar to that of the Confessio of Patrick (d. c. 461/493), whose writings are preserved in a manuscript from Armagh also containing the prologues of Pelagius on the Pauline Epistles.28 The De vita Christiana survives in a number of early medieval manuscripts, including from Tours in the ninth century, and from Corbie in the twelfth (in which it occurs alongside DDAS).29 The treatise opens with the same theme as DDAS, that anyone called a Christian needs to live up to that name.30 Just as Christus means the ‘anointed one’, like the kings and prophets in the Old Testament, so a Christian has to live up to the demands of iustitia, presented as an ideal not just for an individual Christian, but for the people of God.31

digna doctrina.’ Evans, ‘Pelagius, Fastidius, and the Pseudo-Augustinian “De Vita Christiana”’, questions whether the text mentioned by Gennadius as addressed to a certain Fatalis is the De vita Christiana; see also Cannone, ‘Sull’attribuzione del “De vita christiana” a Pelagio’. Its final chapter (De vita Christiana 15) is about widowhood, and could originally have been a separate text by the same author. 28 De vita Christiana, Prol., PL, 40, 1032C: ‘Ut ego peccator et ultimus, insipientior caeteris’; cf. Patrick, Confessio, 2 and 10, ed. Bieler, i, p. 56 and 91: ‘Ego Patricius peccator rusticissimus et minimus omnium fidelium et contemptibilissimus apud plurimos’. On the Pelagian texts in the Book of Armagh, see Zimmer, Pelagius in Irland, pp. 25–39. 29 The De vita Christiana, widely copied in the fifteenth century, survives in the following older manuscripts, mostly attributed to Augustine: Leiden, Universiteitsbibliotheek, MS Vossius Lat., MS Voss. Lat. 2o 113, fols 68v–70v (s. ix, from Tours); Bamberg, Staatsbibl. MS Patr. 23 (B.III.13), fols 35v–52v (s. x in); Milan, Bibl. Ambrosiana, MS C 78 sup., fols 83r–94v (s. x); Florence, Bibl. Laurenziana, MS Ed. 9 (s. xi) and MS San Marco 655, fols 96v–105v (s. xi); Graz, Universitätsbibl., MS 169 (42/14 Quarto), fols 51v–61r (s. xii, from Seckau); Paris, BnF lat., MS 12270, fols 56r–63v (s. xii, from Corbie, anonymous), also containing DDAS on fols 33r–37v. It is attributed to Fastidius only in an addition to Monte Cassino, Bibl. abbaz., MS 232, pp. 1–27 (s. xi/xii), perhaps inspired by Gennadius. It is attributed to Pelagius ‘the heretic’ in a correction made to its text in St Gall, SB, MS 132, pp. 210–284 (s. ix 2), in which it occurs after Jerome’s Dialogi against the Pelagians and a brief added note about the text, edited by Evans from St Gall MS 132; the same prefatory note was found in a manuscript (from Echternach, according to the online BnF catalogue) in Paris, BnF, MS lat. 10463, fols 126r–142r (s. xi), discussed by Dunphy, ‘A Manuscript Note on Pelagius’ “De vita christiana”’. Duval adds that it is also attributed to Pelagius in a ninth-century legendary, Chartres, BM, MS 5, in ‘Sur quelques manuscrits du De vita Christiana portant le nom de Pélage’, esp. 149–151. See also Jerome, Dialogi contra Pelagianos, 3.14 and 16, ed. Moreschini, pp. 116–117, 119–120. 30 DDAS, 7, ed. Hellmann, p. 46: ‘Septimus abusionis gradus est Christianus contentiosus, qui cum participationem nominis Christi per f idem et baptismum suscipit, contra Christi dicta… diligit. … igitur Christianus qui nominis Christi similitudinem tenet, morum quoque eius similitudinem habere debet’. Cf. De vita Christiana, 1 (PL, 40, 1033): ‘Ex sacramento enim unctionis hujus, et Christi et Christianorum omnium, id est, in Christo credentium, vocabulum descendit et nomen; quod nomen ille frustra sortitur, qui Christum minime imitatur’. 31 De vita Christiana, 9 (PL, 40, 1139): ‘Sanctum esse populum suum Deus voluit, et ab omni contagione iniustitiae et iniquitatis alienum’.

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‘Whoever does not do works of justice and mercy, cannot rule with Christ’.32 The author of the De vita Christiana harshly rebukes those who claim the name of Christian, but oppress the wretched and weigh down the poor.33 This polemic is precisely the same as that which opens the DDAS, that faith (here transferred to the sapiens or wise man) without good works is empty.34 This emphasis on implementing the works of justice, which goes back to the Epistle of James, is also much invoked in De malis doctoribus et operibus fidei et iudicio future, sometimes attributed to Pope Sixtus III (r. 432–440), but of Pelagian inspiration. Its criticism of those who rely on faith, but disregard ‘the works of faith’, is similar to that of the De vita Christiana.35 Salvian, a monk of Lérins admired by Gennadius, similarly criticizes those who are Christian in name only in his De gubernatione Dei (c. 435–439).36 The opening paragraph of DDAS clarifies that its principal concern is with lapses in behaviour rather than in doctrine. It never mentions the term gratia, and makes only the briefest reference to peccatum and once to peccatores.37 Its target is rather those in society, including kings and bishops, who fail to live up to their calling. While there is no doubt that Pelagius was recognized as an authority on St Paul, it is difficult to support the claim made by Herren and Brown that the Irish Church in the seventh century was ‘Pelagian’.38 It would be more accurate to say that DDAS echoes the De vita Christiana and other texts concerned with moral improvement in society. Two other texts with which DDAS sometimes circulates and which share this theme, are the De vita contemplativa by Julianus Pomerius, a fifthcentury rhetor and grammarian, and the Admonitio ad filium spiritualem, which circulated as a work of Basil, but could be by Porcarius of Lérins ( fl. 32 De vita Christiana, 10 (PL, 40, 1040): ‘Quisquis justitiae et misericordiae opera non fecerit, non potest regnare cum Christo’. 33 De vita Christiana, 11 (PL, 40, 1041): ‘Illum christianum putas, qui opprimit miserum, qui pauperem grauat … ?’ 34 De vita Christiana, 13 (PL, 40, 1043): ‘Alios autem novi, quos ita insipientiae et imprudentiae tenebrosa ignorantia fallit ac decipit, ut fidem quam habere se simulant, sine iustitiae operibus apud Deum sibi censeant profuturam: et hoc erroris genere sine metu crimina nefanda committunt, dum credunt Deum non criminum, sed perfidiae tantum ultorem’. 35 The De malis doctoribus, along with De divitiis, De possibilitate non peccandi, and De castitate were not included in PL, but had been printed in 1571, and were then reprinted in PL Supplementum, 1, 1380–1505, with the De malis on 1418–1463. They occur in Vatican, BAV, Vat. lat. 3834 (s. ix) and Basel Universitätsbibl., O. iv. 18 (s. xii). 36 Salvian, De gubernatione Dei, 4.1.6 and 4.2.8, ed. Lagarrigue, pp. 236–238. 37 DDAS, 9, ed. Breen, p. 408 (ed. Hellmann, p. 53): ‘quoscumque peccatores’; DDAS, 10, ed. Breen, p. 412 (Hellmann, p. 54): ‘Decet ergo episcopum omnium quibus in specula positus est peccata diligenter attendere’. 38 Herren and Brown, Christ in Celtic Christianity, pp. 69–101.

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489–95).39 Yet whereas these texts were concerned with individual virtue, DDAS is closer to the De vita Christiana in understanding iustitia not just as personal righteousness, but as justice within society.40 In this, it echoes other fifth-century ‘Pelagian’ texts, such as De diuitiis and the above mentioned De malis doctoribus, which explicitly criticize those who rely on faith while also pursuing excessive wealth and accepting injustice. Many Irish monks sympathized with such perspectives. The circulation of DDAS alongside a range of such texts illustrates a common debt to ascetic circles in Britain and Ireland, in which Pelagius, Cassian, and Greek authors were at least as important as Augustine in their interpretation of Christian orthodoxy. 41 DDAS differs from many earlier ascetic texts in also being concerned with social cohesion. A key authority in this regard is the teaching of Cyprian about the need to protect the unity of the Church against self-proclaimed elites like the Novatianists, symbolized by the undivided nature of Christ’s tunic at the crucifixion. 42 One Irish author who singles out Cyprian as an authority for his teaching about the indivisible unity of the Church is Cummian in his letter about Easter from c. 632. 43 In this letter, Cummian, subsequently bishop and abbot (c. 636–661) of Clonfert (Galway) from c. 636 to his death in 661, provides our earliest surviving witness to Patrick as a voice of authority, in this case to promote acceptance of the Roman Easter.44 39 Pseudo-Basil, Die Admonitio sancti Basilii, ed. Lehmann and trans. Baguenard; LePree, ‘Pseudo-Basil’s De admonitio’. 40 Pomerius, De vita contemplativa, 1.15, PL, 59, 430D–431C; This text precedes DDAS in Cambridge, CUL, MS Ii.1.41, fols 84r–96 (s. xii) and also occurs along with DDAS in Vatican, BAV, MS Reg. lat. 195, fols 55rb–59ra (s. ix) and Paris, BnF, MS lat. 2155, fols 187v–191v (s. xiii/xiv). The Latin translation of Pseudo-Basil (n. 39 below) occurs in the same MSS as DDAS in: Paris, BnF, MS lat. 2994A, fols 22r–24v (s. ix); London, BL, MS Royal 5 F X, fols 140v–151r (s. xii); Oxford, Bodleian Library, MS Bodl. 800, fols 99r–106v (s. xii); Paris, BnF, MS lat. 15146, fols 233r–237r (s. xi); London, BL, MS Royal 8 F XIV, fols 162v–165r (s. xiii/xiv); Oxford, Bodleian Library, MS Rawl. C 72, fol. 115r; Worcester, Cathedral Library, MS Q 27, fols 153r–157v (s., xiv); Munich, BSB, Clm 23795, fols 63r–70v (s. xv). 41 Bonner argues that Pelagianism is purely an Augustinian invention in The Myth of Pelagianism, with discussion of the De vita Christiana on pp. 293–294. Bonner argues that all these texts (excluding the commentary of Pelagius on St Paul) reflect a common ‘ascetic’ approach, without considering the range of ways in which they interpret scripture. 42 DDAS, 11, ed. Breen, p. 422 (ed. Hellmann, p. 58): ‘non eius sciderunt tunicam’; cf. Cyprian, De ecclesiae unitate, 7 (1. 163), ed. Bévenot, p. 8. 43 Cummian, Epistola ad Segianum, ed. Ó Cróinín and Walsh, p. 78: ‘His perscrutatis, uenio ad Cyprim totum, uum e omnium de unitatum, quo patre et ab una matre in huenimus, futurum ueniemus’. 44 Ibid., ed. Ó Cróinín and Walsh, p. 84: ‘Primum illum quem sanctus Patricius papa noster tulit et fecit’. On the possibility of connections between DDAS and Cummian, see Mews, ‘The De XII

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Exactly when and where DDAS was written is not certain. Its concern for ecclesial unity suggests that it emanated from southern Ireland, where the Roman Easter was celebrated, rather than from the north, where local traditions were not abandoned until the late 680s or so. 45 One other composition with which DDAS has links in vocabulary is De mirabilibus sacrae scripturae [DMSS], datable by internal references to 654/655 and addressed by its author, the ‘Irish Augustine’, to the church of ‘the Carthaginians’, namely Lismore, founded by Carthach. 46 Carthach and his community had come there from Rahan (Offaly) in 632/636, expelled by a coalition of the abbots of Clonard (Meath) and Clonmacnoise (Offaly), just as division was coalescing in the Irish Church over the date of Easter.47 It reflects the lack of interest of Munster at that time in a high kingship of Ireland. DDAS and DMSS share certain rare words in common (such as plagali in the sense of punitive). While this does not prove one text is drawing on another, the two authors share a common linguistic milieu. 48 In a rare digression on ethical issues, DMSS invokes a distinctive image, never used by any previous patristic author, namely ‘the primacy of justice’ (primatus iustitiae) as manifest not just in Abel and Enoch, but as enabling Solomon to inherit the kingdom of

Abusivis Saeculi and Prophetic Tradition’. Cummian Fota is identified as bishop in a panegyric, edited by Byrne, ‘The Lament for Cummíne Foto’, esp. p. 115. 45 On this, see Ó Cróinín, chap. 2, p. 79–80. 46 A date between 630 and 655 was suggested by Kenney, Sources, pp. 281–282. PseudoAugustine, De mirabilibus sacrae scripturae [DMSS], ed. McGinty; previously edited in PL, 35, 2149–2200. We are indebted to Daibhí Ó Cróinín for accessing a copy of this edition. 47 On the date of his expulsion (reported as Easter 632 in the Chronicle of Clonmacnoise, along with the detail that he was expelled to Lismore), see Mews, ‘The Flight of Carthach (Mochuda) from Rahan to Lismore’, pp. 3–4. It is dated to 626 in The Chronicle of Ireland, trans. by Charles-Edwards, p. 140. On Munster and the weakness of the High-Kings at this time, see Byrne, Irish Kings and High-Kings, pp. 202–217. 48 Textual parallels in the DDAS are discussed by Breen, ‘The De XII abusivis’, pp. 57–59. Some, although not all, merit attention. The phrase regem iniquum (DDAS, 9) is very rare. It is used about Saul just once by Augustine, Contra Julianum, 5 (PL, 44, 787) and once by Gregory the Great, Moralia in Job, 10.6. ed. Adriaen, p. 542; DMSS, 2.177 (PL, 40, 2179). The phrase ceterum uero, absent from classical or patristic authors, apart from a single use by Donatus, is frequent in DDAS and DMSS, 1.6 (PL, 40, 2183, 2194); the word plagali first occurs only in DDAS, 9 (supra se modo plagali) and DMSS (PL, 40, 2165) and the related Liber de ordine, 6.7, ed. Diaz y Diaz, p. 124. Marina Smyth dates this work, influenced by DMSS, to the third quarter of the seventh century, ‘The Date and Origin of the Liber de ordine creaturarum’ (but see Ó Cróinín, p. 72 below). One of the closest parallels is DDAS, 8 (supercilioso superbiae tumore inflatam contra Deum erigere) and DMSS, 1.29 (superciioso superbiae tumore contra Moysen et Aaron steterunt); PL, 40, 2171, paraphrasing Num. 16. 1–3; also DMSS, 2.6 (Qui supercilio, id est superbo tumore, inflatos animo); PL, 40, 2182.

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Israel from his father, David. 49 This imagery is echoed in the ninth abuse of DDAS when it declares: ‘The king should know that just as he has been placed on a throne, so he will acquire primacy in punishment if he does not do justice’.50 This chapter can be read as in a possible dialogue with the relatively brief digression in DMSS on the primacy of iustitia as the fount of the virtues. This is a theme that echoes what Pelagius had said in relation to Ephesians 6. 14 about putting on the breastplate of justice (lorica iustitiae) as the fount of the virtues. It also recalls a comment of Cicero about justice as the queen of the virtues, but differs from Augustine, who interpreted St Paul as teaching that caritas was the fount of the virtues.51 Even if DDAS and DMSS share vocabulary in common, they differ in perspective, one focused on behaviour, the other on the historical foundations of scripture. It seems safest to conclude that DDAS was produced sometime in the mid-seventh century by someone who shared certain vocabulary in common with the Irish author of the De mirabilibus sacrae scripturae, written in 654/655. Both texts reflect a mentality that combined literary styles, grammar, ethics, and scriptural exegesis in a way that was shaped by Isidore of Seville, but went further in its emphasis on a historical reading of scripture and on the primacy of iustitia within society.52 The absence of any specif ic reference in DDAS to monks may be related to 49 DMSS, 1.3, PL, 35, 2154: ‘Sed ex hoc intelligitur patris sui Dauid regnum Salomon haereditario iure possidere, et ad Dauid honorem regni plus pertinere, quod primus ex illa generatione regnum obtinuit; sicut et Abel in iustitia hominum primatum tenuit, eo quod primus in terra iustus fieri coepit’. 50 DDAS, 9, ed. Breen, p. 408 (ed. Hellmann, p. 53): ‘Attamen sciat rex quod sicut in throno hominum primus constitutus est, sic et in poenis, si iustitiam non fecerit, primatum habiturus est’. 51 Pelagius, Expositiones XIII epistularum Pauli [Eph. 6], ed. Souter, p. 383: ‘Et induti lorica iustitiae: Sicut lorica multis circulis uel armillis intexitur, ita iustitia diuersis uirtutum conectitur speciebus: munit autem non solum pectoris conscientiam, sed et uentris continentiam, nec non et ad femorum usque pertingit libidinem coercedam. See also Cicero, De officiis, 3.6.28, ed. Altzert, p. 93: ‘Iustitia enim una virtus omnium est domina et regina virtutum’. Cf. Augustine, Expositio epistulae ad Galatas 51, ed. Divjak, p. 127: ‘Nam ex eo, quod carnalium uitiorum in capite posuit fornicationes, in capite autem uirtutum spiritualium caritatem, quem non diuinarum litterarum studiosum faciat intentum ad perscrutanda cetera?’ 52 The script of a fragment of the Etymologies, St Gall, SB, MS 1399a.1, has been dated to c. 650, from Ireland; see Hillgarth, ‘Ireland and Spain in the Seventh Century’, pp. 1–16. Smyth, ‘Isidorian Texts in Seventh-Century Ireland’, pp. 119–120, argues, however, that Isidore’s writings do not enter Ireland until later in the seventh century. In his thesis, Breen (pp. 219–231) argued that DDAS could have been written anytime in the two decades prior to 655, without providing firm evidence for this. He also thought that DDAS could have been written by one of the Romani in the northern part of Ireland, suggesting that its author could be Mo-Chuaróc maccu Neth Sémon, described in a note from Wurzburg as ‘whom the Romans styled doctor of the whole world’ and

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the definition recorded in the so-called ‘Second Synod of Patrick’ of using monachus only for solitaries.53 By the time of the Hibernensis, however, Isidore’s understanding of coenobitic monasticism as superior to the life of a solitary was clearly established.54

The early diffusion of DDAS As with so much Hiberno-Latin literature from the early medieval period, almost all of our textual witnesses to DDAS were copied on the continent rather than in Ireland. Nonetheless, there can be little doubt about its Irish provenance. Our earliest witness to its text is provided by a revised version of its ninth chapter on a bad king, included within Hibernensis, in which it is presented as by Patrick.55 According to the copy of an early rubric, Hibernensis was compiled by Ruben of Dairinis (d. c. 725), in Munster, and Cú Chuimne of Iona (d. c. 747).56 The attribution to Patrick (like a number of other passages in Hibernensis) affirms its Irish origins, even if this attribution is problematic. The diffusion of Hibernensis has been well studied, and will, for the most part, be set aside in this chapter.57 As Wassenaar discusses in this volume, the chapter about a bad king was quoted as by Patrick in a letter sent in 774 by Cathwulf, an Anglo-Saxon resident in Francia, to the court of Charlemagne.58 One figure who might have helped diffuse DDAS in both the Carolingian court and in Bavaria is Virgil (Ferghil) of Salzburg (d. c. 784). Virgil left Ireland for the continent around 743, befriending Pippin III, and then attaching himself to Duke Odilo of Bavaria by 748/750, becoming abbot of St Peter’s, Salzburg, and in 749 its bishop.59 Virgil’s orthodoxy and episcopal status were questioned in 748 by the English missionary and church reformer, Boniface (d. 754), who reported that among other heresies as a disciple of Sinlanus (d. 610), fourth abbot of Bangor, but never repeats this suggestion in later writings. On Mo-Chuaróc, see Ó Cróinín, Early Medieval Ireland, pp. 192–193. 53 Synodus dicta secunda Patricii, 14–15, ed. Bieler, p. 190: ‘Monachi sunt qui solitariae sine terrenis opibus habitant sub potestate episcopi uel abbatis. Non sunt autem monachi, ut aiunt, sed bactroperiti, hoc est contemptoris solliciti’. 54 Hibernensis, 38.1–3, ed. Flechner, p. 288–289 (combining the Synodus definition with that of Isidore on coenobitic monks). 55 Hibernensis, 24.3, ed. Flechner, pp. 147–148. 56 On the date of the work, see Flechner’s Introduction, Hibernensis, pp. 56*–61*. 57 Meens, ‘Politics, Mirrors of Princes and the Bible’. 58 See Wassenaar, chap. 4, p. 114–115 below. 59 Enright, Iona, Tara, and Soissons, pp. 94–106.

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that Virgil taught was the existence of people living in the antipodes, a doctrine that went against Augustine (although it may have echoed popular Irish mythology).60 In 744/745, Boniface had publicly criticized another Irish scholar, a certain Clement, on various grounds, including his practice of interpreting scripture historialiter (a term first widely used by Isidore of Seville and the Irish Augustine, author of DMSS), as well as his tendency to rely on the authority of scripture rather than that of the Church Fathers.61 This accusation touches on a distinctive feature of DDAS, the originality with which it focuses on scripture as a foundation for an ethical covenant. While keen to protest about claims that he saw as departing from orthodoxy, Boniface was certainly familiar with the writings of Irish scholars. He had close connections to Corbie, where Irish and Frankish traditions interacted in important ways. Boniface employs phrases that may derive from DDAS, even if he does not explicitly acknowledge its authority.62 A sermon from his circle certainly echoes many phrases in DDAS about different groups in society, but again without identifying that treatise.63 The possible involvement of Virgil of Salzburg or someone in his retinue in bringing DDAS to Bavaria is also suggested by the presence in Bavaria of a crude paraphrase of its chapter headings, not attributed to any author. This 60 Boniface, Epistolae, in MGH Epistolae. Selectae Merovingici et Karolini aevi, 3, p. 360. John Carey posits Virgil’s debt to vernacular Irish tradition in ‘Virgil of Salzburg and the Antipodes’. 61 Meeder, ‘Boniface on the Heresy of Clemens’, p. 280: (19) ‘De eo quod sine magistris sine tractatu sanctam scripturam intellegere se posse putare’ and (23) ‘De eo quod dicunt omnem scriptum historialiter debere intellegi’. These headings are in a manuscript that also contains an early copy of Hibernensis, suggesting that these accusations were made in circles exposed to Irish influence. The term historialiter is little attested prior to Isidore of Seville (who often contrasts it with spiritual interpretations by the Fathers), but recurs three times in the DMSS as the preferred mode of exegesis in PL, 40, 2153 and 2176. 62 Anton, ‘Pseudo–Cyprian: De duodecim abusivis saeculi und sein Einfluss’, esp. p. 597; he suggests Boniface alludes to DDAS in a letter of Boniface from 746, Ep. 72, ed. Tangl, p. 147 (although this is not certain). 63 Boniface, Sermo ix, PL, 89, 860D–861D: ‘Sapientium est bona quae sciunt et opere complere et aliis praedicare’; ‘Pauperibus praeceptum est humiles esse’; ‘Senes vero decet religiosos esse’; ‘Adolescentes convenit obedientiae’; ‘Divitibus praeceptum est sua dare’. Meens suggests that a manuscript containing canons subsequently incorporated into Hibernensis, as well as these accusations against Clement, could have been copied at the request of Boniface: Meens, ‘The Oldest Manuscript Witness of the Collectio Canonum Hibernensis’, pp. 13–14. He also suggests that this manuscript, from the f irst half of the eighth century, combines Irish, Frankish, and Spanish texts in a way that suggests an origin in northern France (possibly Corbie). In 744, Boniface used his authority to appoint Ribo, abbot of Corbie, as archbishop of Rouen.

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occurs within an anthology of texts, likely to be of Irish origin, including the pseudo-Isidorean De ortu et obitu patriacharum and the Liber de numeris, copied in Bavaria in the late eighth century, Munich, BSB, Clm 14497, fol. 28v, from St Emmeram, Regensburg.64 This version speaks of twelve crimes (scelera) rather than abusiua and renders senex sine religione as presbyter, id est senior, sine honore, adding its own conclusion. Duodecim scelera in mundo sunt, que omnipotentem ad iram prouocant; Haec sunt, sapiens sine operibus sapientie sue, presbiter id est senior, sine honore; aduliscens sine obedientia, diues sine elimosina, femina sine pudicitia, dominus sine uirtute, Christianus contentiosus, pauper superbus, rex iniquus, episcopus neglegens; plebs indisciplinata, populus sine lege. Pro his et talibus multa flagella sustinet mundus. [There are twelve crimes in the world which provoke the Almighty to anger. These are a wise man without the works of his wisdom, a priest or an elder without honour, a youth without obedience, a rich man without almsgiving, a woman without modesty, a lord without moral strength, a contentious Christian, a proud pauper, an unjust king, a negligent bishop, common folk without discipline, a people without law. Because of these and suchlike, the world is experiencing much scourging.]

This text speaks about the mundus rather than the saeculum. The author simply says that ‘these crimes are provoking the wrath of the Almighty’. He also modifies the rather allusive final summary about ‘being propelled into the darkness of hell’ to the more direct: ‘Because of these and suchlike, the world is sustaining many scourges’. Replacing senex sine religione by presbyter id est senior sine honore suggests a more explicit concern with clerical misbehaviour. Explaining a presbiter as a senior also echoes an explanation that was made by Isidore, Hibernensis, and Bede.65 It could have been produced by someone in the retinue of Virgil of Salzburg. Virgil’s influence may also explain the presence in Bavaria of two copies of a canonical collection that predates and influences Hibernensis, containing an unattributed version of the Second Synod of Patrick and two more 64 Cardelle de Hartmann, ‘La Miscelánea del códice München, BSB, Clm 14497’. She records the judgement of Bischoff on the dating of this manuscript to the late eighth century, containing Isidore’s Etymologiae and the pseudo-Isidorean De ortu et obitu patriarchum and De numeris, but suggests their author might have been Irish, writing in Bavaria in the mid-eighth century. 65 Hibernensis, 44.12, ed. Flechner, p. 355: ‘gradus prespiteris, hoc est, senioribus’. See also Bede, In epistulas septem catholicas, 5, ed. Hurst, p. 329: ‘nomen senioris, id est presbiteri’.

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substantial fragments from a letter written by Gildas in response to a question from another signif icant British or Irish ecclesiastic, Finnian (d. c. 549/579). This letter was referred to by the great Irish peregrinus, Columbanus (d. c. 615), as a text of significant authority in a letter to Gregory the Great.66 There is a similar freedom in a summary of the chapter headings of DDAS attributed to Gregory the Great, surviving in three ninth-century manuscripts, two from c. 800–810. They are all imperfect copies of a version that erroneously quotes the phrase dominus sine ueritate in place of dominus sine uirtute: K Karlsruhe, Landesbibliothek, Cod. Aug. perg. 254, fols 164v–165r, repeated in identical form on fols 193r–193v (c. 800, possibly from northern Italy, or Reichenau). M Munich, BSB, Clm 22053 fols 35r–36r (c. 810, the so-called Wessobrun prayer-book, from Reichenau). P Paris, BnF, MS lat. 2769, fol. 54v (s. ix, belonging to Beauvais Cathedral chapter by s. xii). Sanctus Gregorius Papa [om. P] dixit: Haec sunt xii [om. KP] quae in hoc saeculo abusiue [abusae KM] fiunt [fiant M]: Sapiens sine operibus [+ iustis add. P], senex sine religione, aduliscens sine oboedientia, diues sine elymosine, femina sine pudicitia, dominus sine ueritate, cristianus contentiosus, pauper superbus, rex iniquus, episcopus neglegens, plebs indisciplinata, populus sine lege. Sic suffocatur iustitia.67

This summary of DDAS occurs in KM alongside texts of Irish origin, all sharing a common fascination with numbers. A very similar combination of texts exists in Zurich, Zentralbibliothek, MS Rheinau 140 (from the second half of the eighth century), but here without DDAS.68 Rheinau was where Fintan (d. 878), an Irish monk, settled c. 850 after travelling 66 Munich, BSB, Clm 14468, fols 11–20r; Vienna, ÖNB, MS lat. 2232, fols 73v–84r. See Breen, ‘The Date, Provenance and Authorship’, pp. 83–129, and Joyce, ‘Attitudes to Excommunication’, pp. 9–30. 67 The fragment also occurs in a fourteenth-century manuscript from Göttweig, SB, Cod. 150, fol. 74ra. 68 This summary was first identified in K by De Bruyne, ‘Fragments retrouvés d’apocryphes Priscillianistes’, p. 328 (where he claims DDAS is sometimes attributed to Origen or a certain

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on pilgrimage through Tours, Gaul, Germany, and Lombardy to Rome.69 Rheinau owned a ninth-century copy of DDAS (MS Rheinau 95), unattributed to any author. The attribution to Gregory the Great of the reworked summary of DDAS chapters in KM may have resulted from a faulty association of DDAS with an authentic work of Gregory in the same manuscript. DDAS was attributed to Isidore in a ninth-century catalogue of Murbach.70 These various attributions suggest that DDAS originally circulated on the continent in the late eighth century without any identification of an author, enabling scholars to promote their own suggestions about its provenance.

DDAS in Ireland Aside from the excerpts of Chapter 9 in the Hibernensis, another early influence of DDAS may be certain allusions that were picked up in the Irish legal code, Senchas Már, perhaps from a similar milieu in the late seventh century.71 While no Irish manuscripts survive of the complete Latin text of DDAS, its chapter headings were reworked within a poem in Middle Irish preserved in the Yellow Book of Lacan, a collection copied in 1465, but based on a much older manuscript, perhaps from the tenth century.72 This reworking of DDAS is attributed to a successor of Colm Cille, namely Mugrón Tuama dá Gualann, who died in 980. It speaks about ‘the twelve afflictions of the world’. Whereas DDAS begins with a sapiens without good works, this poem changes the sequence of the headings, so that it starts with: ‘A king who does not fulf ill his law, a haughty bishop after transgressing, a scholar without pure deeds, and a rich man without almsgiving’. The final stanza gives the sequence; ‘A lord who does not clamp down firmly, a kingdom without discipline [on the part] of lords, a Christian engaging in strife without concealment, a poor man with pride, if you may know’. Evardus, claims we have not been able to verify). See also Wright, ‘The Irish “Enumerative Style”’, pp. 41–45. 69 Vita Sancti Findani, ed. Holder-Egger, p. 504; on Zurich, Zentralbibliothek, MS 95, see below p. 55. 70 Milde, Der Bibliothekskatalog des Klosters Murbach, p. 42 (no. 178). Only a single manuscript survives with the Twelve Abuses attributed to Isidore, but this has been corrected by the scribe to Cyprian, in Florence, Bibl. Laurenziana, MS Plut. 89 sup. 31, fols 114v–119r (s. xii). 71 On this possibility, see Ó Cróinín, pp. 79 below. 72 Breatnach, ‘Varia 1’, pp. 205–209: he edits the text from Trinity College Dublin, MS H 2.16 (1318).

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The freedom with which this poem rearranges the twelve abuses brings out a distinct feature of the list—that no group in society is exempt from bad behaviour. This re-arrangement confirms that DDAS was certainly known in medieval Ireland as a text that identified behaviour to be avoided. A more direct witness to the text of DDAS is Sermo ad reges, a bilingual Latin-Irish sermon to kings, preserved in the Leabhar Breac (Dublin, Royal Irish Academy, MS 23 P 16), copied c. 1408/1411.73 Brent Miles has demonstrated the inadequacy of the existing edition of this sermon, which artificially separates out passages in Irish from the Latin text.74 The fact that this text addresses kings in the plural reinforces the argument of Miles that its style fits in with a composition in the early medieval period. While it has been suggested that this work is by an eleventh-century poet from Armagh, Máel Ísu úa Nrolcháin (d. 1086), we would support Miles in assigning the sermon a date in the eighth or ninth century.75 The work draws not just on the abbreviated version of Chapter 9 in Hibernensis, but also on the original version as formulated in DDAS, as well as on Isidore’s Synonyma—another text with which DDAS often circulates. In Sermo ad reges, DDAS is attributed not to Patrick, but to Augustine, suggesting that this attribution may have an early insular origin, perhaps relating to its connection to the literary circle of the Irish Augustine.76

Attributing an author to DDAS Identifying an author for DDAS has always been problematic. It has long been known that the text circulated principally with an attribution either to Cyprian or Augustine. If we look at a table of some 285 surviving manuscripts that transmit the complete or near complete text (excluding around 100 copies of just the twelve chapter headings), we arrive at the following proportions (necessarily provisional as the task of tracking down each of these witnesses is not easy, especially without access to physical travel):

73 Edited by Atkinson, The Passions and the Homilies from Leabhar Breac, pp. 151–162 (Irish) and 401–418 (Latin and English translation). 74 See Miles, ‘The Sermo ad reges’. 75 Miles, ‘The Sermo ad reges’, p. 156. 76 Homiliarium Hibernicum, ed. Atkinson, p. 416: ‘Unde Augustinus de iustitia regis: In iustitia regis exaltatur solium eius, et in veritate eius solidantur gubernacula populorum’.

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Table 1.1: Chronological distribution of MSS of DDAS CENTURY

s. ix

s. x

s. xi

s. xii

s. xiii

s. xiv

s. xv

s.xvi

Total no. of MSS

13

5

13

58

36

64

90

6

Cyprian

8

3

8

33

13

20

50

2

Augustine

0

1

2

16

12

37

33

2

Unattributed

5

1

1

9

11

7

7

2

Ambrose

0

0

1

0

0

0

0

0

Isidore

0

0

1

0

0

0

0

0

To these surviving manuscripts should also be added the testimony of medieval library catalogues. Simply within England (where the medieval holdings of monastic libraries have been more inventoried than those of mendicant houses), some twenty houses are reported as holding copies of the work, attributed variously to Augustine or Cyprian.77 The table of surviving MSS brings out several features about the transmission of DDAS. Three peaks of interest in the work emerge, in the ninth, twelfth, and fifteenth centuries, all periods of significant political and religious crisis. We should also note the significant number of anonymous texts, including some MSS of the highest quality. The original transmission of the text, as we have suggested, probably carried no attribution to an author, making it quite possible for the authors of Hibernensis to attribute its Chapter 9, about an unjust king, to Patrick. This attribution is not found in any manuscript of DDAS. It also shows that in the ninth century, the great majority of extant manuscripts are attributed to Cyprian. Our earliest secure witness to linking the DDAS to Cyprian comes from Jonas of Orleans

77 For a listing of British medieval libraries that held a copy of DDAS, see the database British Medieval Library Catalogues | Faculty of History (ox.ac.uk), where copies are listed as PseudoAugustine. With some notable exceptions, most catalogues are from the fourteenth century or later, unless indicated here. It mentions DDAS as present in four Augustinian houses (Anglesey, Lanthony, Leicester, and York Austin Friars), two Cistercian (Flaxley, early thirteenth century; Rievaulx, late twelfth century), one Premonstratensian (Welbeck, late twelfth century), but a much larger number of Benedictine houses: Bury (late twelfth century), Glastonbury (three copies in 1247), Norwich: St Leonard’s, Ramsey (four mentions), York: St Mary’s (one copy): Canterbury: St Augustine’s (three copies), Christ Church (three copies), Dover: St Martins (four copies). Other owners include: Westminster, Upper Library (three copies), Henry de Kirkstede (two copies), Registrum Anglie (fourteen copies), Brigittines of Syon (eight copies), as well as copies at Cambridge (four) and Oxford (two). Nine copies are attributed to Cyprian, and eleven to Augustine.

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(d. 843) in his account of the Council of Paris, held in 829.78 Possibly, the identification of Cyprian rather than Patrick as its author reflects a desire to give the text a more universal authority. There was some caution at that Council about Irish influence, more specifically concerning certain insular penitentials gaining ground on the continent.79 A close servant of Louis the Pious and his son, Pippin, Jonas could have found DDAS at an abbey like Tours or Saint-Denis, where Irish texts were preserved. In any case, it helped or even inspired Jonas to draft his own manuals for both rulers and laity.80 Jonas’s attribution of DDAS to Cyprian, repeated in many ninth-century manuscripts (a number connected to Saint-Denis, Rheims, and Saint-Gall) is not unintelligent. As already mentioned, DDAS is powerfully shaped not only by Cyprian’s image of the unity of the Church as like the untorn tunic of Christ, but his style of rhyming prose. At Saint-Gall, there were four copies of DDAS in the ninth century (St Gall, SB 150, copied into SB 89; SB 277 copied into SB 520). Sven Meeder has argued that they seem more connected to Rheims than directly to Irish sources.81

Discerning the superior manuscript tradition The earliest surviving manuscripts of DDAS are all copies made on the continent, none earlier than the late eighth or early ninth centuries. While Hellmann based his edition largely on ninth-century manuscripts, in which the work is attributed to Cyprian, Breen came to realize that a better version of the text was represented by what he called a Class 1 group, in which, he argued, DDAS tended to be attributed to Augustine. He acknowledged, 78 Concilium Parisiense, c. 829, 2.2, ed. Werminghoff, p. 650. 79 Ibid. 1.32, ed. Werminghof, p. 633. 80 Jonas of Orleans, De institutione regia, 3, ed. Dubreucq, p. 188. It complements Jonas of Orleans, De institutione laicali, ed. and trans. by Dubreucq, p. 560. 81 Meeder, The Irish Scholarly Presence at St. Gall, pp. 61–82, observes that these Saint-Gall, SB MSS come not from Ireland, but from elsewhere in Europe, in particular Rheims. He argues (pp. 74–77) that St Gall, SB 150b, from the first half of the ninth century and containing DDAS alongside the works of Cyprian, may be slightly earlier than the copy in SB 89, perhaps rearranged after a catalogue of books was drawn up at St Gall in the second half of the ninth century. Meeder also argues (pp. 78–82) that St Gall, SB MS 570 (late ninth century), was a copy of SB 277, one of a number of MSS given to the abbey by Grimald, abbot of Weissenburg from the early 830s until 839, and again from 847, and abbot of St Gall from the early 840s until his death in 872. While Meeder suggests that it was written at Weissenburg, this is not certain. SB 277 (and 570) contains the Class 3 recension, perhaps prepared by Grimald to improve on that in SB 150b and 89, both containing the less accurate Class 2 recension.

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however, that pressures of time meant that he was unable to take these witnesses fully into account within his edition.82 The best copies in this group come from the twelfth century, but must derive from a very early exemplar, copied perhaps by the first half of the eighth century, prior to its circulating on the continent as a work of Cyprian. Breen recognized that there were a number of Class 1 MSS not used by Hellmann in his edition, but he was unable to incorporate all of them into his edition. Many of the representatives of these Class 1 MSS are from Normandy and England. All are either anonymous or attributed to Augustine. Many are from the twelfth century, all with a high-quality text. Of the anonymous Class 1 MSS, perhaps the best witness is Cambridge, Cambridge University Library Ii.1.41, in which DDAS is closely connected to an early version of the De claustro animae by Hugh of Fouilloy (d. 1172), which itself expands on Hugh’s De duodecim abusionibus claustri, clearly influenced by DDAS.83 Hugh’s interest in the text raises the possibility that he came across an important, unattributed early copy at Corbie, physically very close to Fouilloy. Its library was unusually rich in patristic and Hiberno-Latin texts.84 There are two other important unattributed copies in the Class 1 group, both twelfth-century and now in the library of Trinity College, Cambridge: MS O.1.52 (from the Cistercian abbey of Byland, Yorkshire) and MS O.9.22, from northwest France, and perhaps connected to the abbey of Saint-Amand, as it contains a Life of that saint. While many of the Class 1 group tend to come from northwest France or England and from the twelfth century, an important exception is Zurich, Zentralbibliothek, MS Rheinau 95, perhaps copied from an exemplar from northwest France in the ninth century. The earliest of the Class 1 MSS to carry an attribution to Augustine is a manuscript dateable to the second half of the tenth century from Fécamp, Paris, BnF, lat. 3330, fols 168v–172v (s. x2), although its text is not of the highest quality. Here DDAS follows Isidore, Sententiae and Epistola ad Massonem episcopum, and is followed by the Life of Pelagia. The library of Fécamp, founded in the seventh century, had been largely destroyed in the later ninth and tenth centuries and would be restored only in the early eleventh century through the efforts of William of Volpiano (d. 1031).85A late eleventh-century, 82 Breen, DDAS, pp. 241–243. 83 For fuller discussion and bibliography, see Mews, chap. 6, pp. 177–186 below. 84 Ganz, Corbie in the Carolingian Renaissance, pp. 56–69 (on its interest in canons) and pp. 58–66 (on its connections to Tours). 85 Nortier, Les Bibliothèques médiévales, pp. 144–145 (on Jumièges), pp. 6–8 (on Fécamp), and pp. 185–186 (Saint–Ouen). In her summary list of patristic holdings in Norman abbeys, she mentions DDAS on p. 207 as preserved only at Bec, although this must certainly be corrected.

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unfortunately incomplete, copy of DDAS, attributed to Augustine and accompanied by Pseudo-Basil’s Admonitio ad filium spiritualem, Isidore’s Synonyma, and Gennadius’s De ecclesiasticis dogmatibus, survives in Paris, BnF, lat. 15146, fols 233r–237r (s. xiex). This manuscript also includes on 296v a rare copy of the Confessio of Berengar of Tours, followed on fols 297r–304v by a sermon of Augustine’s, De penitentia, a letter of Peter Damian to Pope Alexander II, and a sermon of Augustine on the Eucharist. The presence of a late eleventh-century copy of Berengar’s Confessio (mostly known through being quoted by Lanfranc and other polemicists) could suggest that it was put together at Tours, although this cannot be proven.86 The fact that many Class 1 manuscripts come from monastic houses in Normandy (notably from Fécamp, Jumièges, and Saint-Ouen) and England (Salisbury Cathedral, Wallingford Priory, near Oxford, and Bury), suggests that DDAS played a significant role in the Norman realm before and after 1066.87 86 Berengar’s Confessio is mostly known through being quoted by Lanfranc, De corpore et sanguine Domini, 2, ed. Huygens, CCCM, 171, p. 242, from which it was quoted by Alger of Liège, Ivo of Chartres and Gratian. The text in Paris, BnF, MS lat. 15146 concludes et per haec sacrosancta Christi evangelia, without the condemnation of those who adopted a different view. Only two other manuscripts of the complete text of the Confessio are known: Florence, Bibl. Laurenziana, MS San Marco 655, fol. 117r–v (s. xii 1) and Paris, Bibl. Mazarine, MS 905, fol. 102r (s. xiv). In Paris, BnF, MS lat. 15146, Berengar’s Confessio is followed in the same hand by Augustine, Sermo 393 (PL, 39, 1713–1715) on penance, Pseudo-Augustine on the Eucharist (also quoted by Peter Abelard in Sic et Non, 117.83), and a letter of Peter Damian to Alexander II. More research is needed to establish whether this collection of texts was put together by Berengar at Tours. 87 From Fécamp come not just Paris, BnF, MS lat. 3330, but Paris, BnF, MS lat. 2331, fols 75v–79v (s. xii), in which DDAS follows Isidore’s Sententiae. From Jumièges comes Rouen, BM, MS 1333 (s. xi), in which DDAS (fols 98v–101v), attributed to Augustine, follows Cassian, Conlationes, and is followed by sermons and lives of saints Laurence, Afra, and Columbanus. From Rouen, BM, MS 508, fols 165r–170v (s. xii), attributed to Augustine, DDAS follows Isidore, Differentiarum, lib. II, and is followed by Pseudo-Augustine, Dialogus Quaestionum LXV; Pseudo-Augustine, De singularitate clericorum; and Gregory the Great, Dialogi. From Saint-Ouen, comes Rouen, BM, MS 508, in which DDAS (fols 165r–170v), attributed to Augustine, follows Isidore, Differentiarum, lib. II, and is followed by Pseudo-Augustine, Dialogus Quaestionum LXV; Pseudo-Augustine, De singularitate clericorum; and Gregory the Great, Dialogi. From England, the earliest may be Salisbury, Sarum Cathedral Library, MS 168, fols 75v–85r, in which DDAS follows Augustine, De diuersis quaestionibus octoginta tribus and is followed by verses of Bede on the day of judgement. Other witnesses possibly brought to England after the Conquest include: London, BL, MS Harley 3027, fols 99v–105v (s. xii med), from Bury, in which DDAS follows Augustine on Romans, and precedes Pseudo-Augustine Dialogus Quaestionum LXV; London, BL, MS Royal 5 F X, fols 140v–151r (s. xii 2/4), from Wallingford Priory (OSB), near Oxford, in which DDAS follows Pseudo-Basil, Admonitio ad filium spiritualem and sermons of Ephraem Syrus, followed by Gennadius, De ecclesiasticis dogmatibus; and London, BL, MS Royal 6 B XIII, fols 101r–108v (s. xii), from Canterbury (OSB), in which DDAS follows writings of Pseudo-Athanasius. A similar combination of texts is preserved in Oxford, Bodleian Library, MS Bodley 800, fols 99r–106r

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One abbey possessing an early copy of DDAS within a volume containing many works of Augustine was Saint-Riquier, located near the mouth of the Somme and part of the diocese of Amiens since its foundation in the seventh century. According to a list of its books which Hariulf (d. 1143) dated to 831 within his history of the abbey, composed before he became abbot of Oudenbourg in 1105, it owned a manuscript containing DDAS among various texts attributed to Augustine: de uirginitate seruanda et sermones eius de XII abusibus et interrogationes Horosii et responsiones Augustini in uno uolumine.88 While this inventory may have been compiled in the eleventh century, there can be no doubt about the antiquity of its collection.89 Among its many texts, DDAS is here preceded by a treatise on virginity that could be the letter of Pelagius to Demetrias. It is followed by a treatise presented as containing Augustine’s responses to questions put by Orosius.90 This is a similar combination of texts as found in the manuscripts of Bury and Saint-Ouen. This suggests that this lost manuscript of Saint-Riquier might have contained an important early copy of DDAS, related to other surviving witnesses of the Class 1 group. Breen identified two other significant but inferior groups of MSS, those of Class 2 and Class 3, in which DDAS is generally attributed to Cyprian. A clear and notable illustration of the basic differences between these groups is given by the beginning of Chapter 9 on the unjust king, immediately after the statement: ‘Nonus abusionis gradus est rex iniquus’ (disregarding here minor variants within each of these groups): Class 1:

qui cum iniquorum rector esse oportuit, licet in semet ipso nominis sui dignitatem non custodit.91

(s. xii), in which DDAS follows Cassian’s Conlationes and Pseudo-Basil’s Admonitio ad filium spiritualem. While its provenance is unknown, this manuscript is likely to have a similar origin to these other Class 1 copies. 88 Catalogi bibliothecarum antiqui, ed. Becker, p. 25; this catalogue was quoted by Hariulf in his Chronicon of the abbey in the early twelfth century. See Hariulf, Chronicon Centulense, 3.3, ed. Lot, p. 83. 89 This is suggested by Evergates, ‘Historiography and Sociology’, p. 41, and p. 37 on the earlier burning of the abbey (although not the church) by Northmen in 881, and its subsequent destruction in 1131. 90 The De uirginitate conseruanda could be Pelagius, Epistula ad sacram Christi virginem Demetriadem; PL, 30, 15–45. The authorship of the Quaestiones Orosii et Responsiones Augustini (PL, 40, 733–753) is debated. On the Irish connections of Orosius, see Ó Corráin, ‘Orosius, Ireland, and Christianity’, who notes the insular context for the transmission of his writings. 91 DDAS, ed. Breen, p. 400, chooses this reading. There are variants within the Class 1 group. Thus Breen notes that A reads: cum eum iniquorum rectorem esse oportuit. There are others which read debuerit for oportuit.

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Class 2: etenim regem non iniquum sed correctorem iniquorum esse oportet, unde in semet ipso nominis sui dignitatem custodire debet.92 Class 3: quem cum correctorem iniquorum esse oportuit, etiam in semet ipso nominis sui dignitatem non custodit.93

Class 1 seems to preserve the correct, original version: ‘The ninth grade of abuse is the unjust king, who, when he ought to be a ruler for the unjust, yet does not keep in himself the dignity of his name’. The original text relies on making a lexical link between rex and rector (in the sense of a king being a ruler or guide for the unjust) that had been made by earlier writers.94 Corruption or redaction within this group created eum rectorem esse, but this was modified into non iniquum sed correctorem iniquorum in Class 2 MSS, along with a reversal in the sense of the second line of the couplet. This Class 2 version was cited by Jonas of Orleans at the Council of Paris in 829 and then by Hincmar of Rheims (d. 882). In Class 3 MSS, we find the Class 2 text has been improved, perhaps by being corrected against a better MS.95 While the original version related rector etymologically to rex as a ruler for the unjust, in Class 2 and 3 MSS, this became corrector of the unjust to clarify the meaning of a rex as one whose role is to coerce others to right behaviour. There was a surge of interest in DDAS in the twelfth century, especially in religious houses in Picardy, Normandy, and England. While DDAS itself was unattributed in the codex containing Hugh of Fouilloy’s works (Cambridge University Library Ii.1.41), Hugh identified its author as Augustine within the third book of the De claustro animae, when commenting about garrulous old people, ‘as blessed Augustine says in his book about the twelve abuses of the age’.96 In the earlier, two-book version of the De claustro animae, Hugh identifies its author simply as ‘a certain wise man’.97 This tradition of attributing DDAS to Augustine would be continued by the Franciscan John of Wales in 92 Represented by R Rheims, BM 440 and others in Breen’s Class 2 group. 93 Represented by T Vatican, BAV Pal. 973 and others in Breen’s Class 3 group. 94 See for example Gregory the Great, Moralia in Job, 24.215, ed. Adriaen, p. 1229: ‘Et rector prouidus tanto iam neque rex apostata’. 95 For a detailed study of these groups, see Breen, DDAS, pp. 301–321. 96 DCA, 3.12 (1037B): ‘ut ait beatus Augustinus in libro De duodecim abusionibus saeculi, cum de sene irreligioso loqueretur, cor et lingua ejus non senescunt.’ On its impact on Hugh of Fouilloy, see Mews, Chapter 6, below. 97 Negri, ‘Per una lettura’, p. 79: “ut ait quidam sapiens cum de sene irreligioso loqueretur’ che nel Mantova, Biblioteca Teresiana, 221 al f. 13ra diventa: ‘ut ait beatus Augustinus in libro de XII abusionibus saeculi cum de sene inreligioso loqueretur.”

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the thirteenth century.98 His name was invoked to promote sympathy for the argument put forward in DDAS concerning the importance of justice in all parts of the social order. Not all scholars, however, acknowledged the text. John of Salisbury (d. 1180) never mentions DDAS by name, but he does speak about injustice generated by abuse of power in a way that is very similar.99 In the thirteenth century, DDAS was known to the Franciscan John of Wales, and the Dominican Vincent of Beauvais, who attributed it to Cyprian in his treatise on kingship. By contrast, Thomas Aquinas (d. 1274) and his influential admirer, Giles of Rome (d. 1316), avoided all reference to the work. In the fourteenth century, however, DDAS was still being quoted by William of Pagula (d. 1332) and later by John Wycliffe (d. 1382) in a treatise critical of papal authority.100 Its pithy, scripturally based sayings about abuses in social behaviour attracted those dissatisfied with the disrespect being given to social norms.

DDAS in translation and in print Manuscript copies of both the complete text and of the list of twelve chapter headings in DDAS continued to multiply between the twelfth and fifteenth centuries. In a scholastic milieu, the work would have only limited influence. While Aquinas never referred to the work, perhaps because he doubted its claims to the authority of the Church Fathers, in the early fourteenth century, Maximos Planudes (d. 1305) would produce a Greek translation of the work as being by Augustine.101 By contrast, DDAS found more resonance in an English milieu, initially through the translation of DDAS into Old English by Ælfric of Eynsham (d. c. 1010), who presented it as a work of Cyprian 98 On the interest of John of Wales in DDAS and his identif ication of its author, see Neal, Chapter 7, pp. 218–219 below. 99 John of Salisbury, Policraticus, 5.16, ed. Webb, i, p. 351: ‘Neminem iniuste uexauerat qui omnes calumpnias excludebat; nec iudicium eius peruertebat caro uel sanguis qui nullum umquam oppressit.’ 100 William of Pagula (William of Paull) attributes DDAS to Cyprian in a criticism of royal financial exactions in his Speculum Regis Edwardi III, trans. Nederman, Political Thought in Early Fourteenth-Century England, p. 173. Wycliffe refers to Augustine’s De XII gradibus abusionum in his Tractatus de potestate papae, 12, ed. Loserth, pp. 330 and 375, and much more extensively in his Opus evangelicum, 1.2–4, 7, 9, 15, 17, 22–23, 26, 29, 32, and 2.32, ed. Löserth, i, pp. 4–13, 23, 27, 48, 56, 75, 78, 90, 103, and 363. 101 Vincent of Beauvais, De morali principis institutione, 10 and 18, ed. Schneider, pp. 57 and 93; ‘Pseudo-Cyprian ‘“De duodecim abusivis saeculi” in der Übersetzung des Maximos Planudes’, ed. Schmitt.

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and also translated the Pseudo-Basil, Ammonitiones, frequently copied alongside DDAS.102 A thirteenth-century adaptation into Middle English survives that speaks of ten abuses (about the king, judge, clergy, old men, young men, women, children, servants, nobility, and a lawless land), while another speaks of five.103 DDAS was translated into Middle English as a work of Augustine in the fifteenth century, while it also provoked another poetic adaptation, Go forth kynge, rule thee by sapience, perhaps by John Lydgate and circulated as part of the Chaucerian apocrypha.104 DDAS first started to circulate in print in around 1470, when it was published as a work of Cyprian by Ulrich Zell in Cologne, alongside Isidore’s De summo bono.105 Independently, a version of DDAS attributed to Augustine was published by Georg Husner in Strasburg c. 1475.106 Its unusually good quality text was replaced, however, by a more corrupt version published under the title De XII gradibus abusionum in Venice by Octavianus Scotus 102 The DDAS translation by Ælfric (which summarizes much of its text), is edited by Clayton, Two Ælfric Texts: The Twelve Abuses and The Vices and Virtues, pp. 109–138 and 154–177. An anonymous copy of the De duodecim abusiuis was donated by Ælfric’s teacher, Aethelwold, bishop of Winchester (963–984) to Peterborough, Lapidge, ‘Surviving Booklists from Anglo Saxon England’, pp. 53, 86. Aethelwold’s copy may have been that used by Oda, archbishop of Canterbury 941–959, in his Constitutiones, 2, PL, 133, 948A: ‘Neminem iniuste… alere’, quoting DDAS, 9, (ed. Hellmann, p. 51). Ælfric may have had access to a Class 1 text, but he attributed it to Cyprian, perhaps through familiarity with this attribution from Carolingian authors. 103 An Old English Miscellany, ed. Morris, pp. 184–185, printed from London, BL, MS Cotton Caligula A IX, fol. 248v and Oxford, Jesus College, MS 29, fol. 257v. A further adaptation is the poem ‘Five Evil Things’ (Bishop lorless, king redeless), in Furnivall, ed., Early English Poems, p. 161, and in different versions edited by Wright and Halliwell-Phillips, Reliquiae Antiquae, i, p. 316, from Oxford, Bodleian Library, Rawl. Poet. 32 (s. xv) and ii, p. 14, from London, BL, MS Cotton Cleopatra C VI, fol. 21v (s. xiii). See also Robbins, Historical Poems of the XIVth and XVth Centuries, pp. 143–144 (from Cambridge, St John’s College, MS 37). 104 Cambridge, CUL, MS Ii.6.55, fols 64r–76v, in a volume containing translations of other works of Augustine into English; A Catalogue of the Manuscripts Preserved in the Library of the University of Cambridge, ed. Luard, iii, pp. 145–146 (no. 1934). See also Chaucerian Texts, ed. Skeat, p. 408 (printed from the 1498 edition of Wynken de Worde). 105 DDAS was first printed as a work of Cyprian by Ulrich Zell, alongside Isidore, De summo bono (Cologne [1470]: ISTC ii00193000). This version was reprinted in Augsburg by Anton Sorg, c. 1475–1477 (ISTC ib00368000) and subsequently by Jacques de Joigny de Pamèle, Caecilii Cypriani Carthagiensis … opera (Antwerp: J. Stelsius, 1568), pp. 604–610; repr. in PL, 4, 869B–882B. This 1470 edition follows the earliest printed work attributed to Augustine, De vita Christiana (in fact by Pelagius), printed in Mainz by Johann Fust and Peter Schoeffer c. 1460–1465 (ISTC ia01354000). 106 De XII abusiuis saeculi (Strasbourg: Georg Husner, c. 1475, ISTC ia01263000). Breen, ‘Towards a Critical Edition’, p. 236 was not aware that this edition follows the Class 1 recension, as evident from its use in the opening of DDAS, 9 of the phrase iniquorum rector. In this 1475 edition, DDAS is followed by extracts from Augustine’s De origine animae and De divinatione daemonum contra paganos.

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in 1483. A germ of uncertainty about its authorship surfaces in a prefatory remark (in fact quite erroneous) that it was more likely to have been written by Hugh of Saint-Victor (d. 1141), mistakenly considered author of the De claustro animae.107 Its rather corrupt version of the text of DDAS would be reprinted many times within the works of Augustine over subsequent centuries. In 1492, a translation of DDAS into German by Jakob Weiglin was published as a work of Cyprian.108 An English translation of DDAS under the name of Augustine was published in 1550 by Nicholas Lesse, a Zwinglian reformer, and a version reprinted under a different title in 1591.109 DDAS never attracted quite the same interest in France, where the first French translation was published anonymously only in 1571.110 Between the seventeenth and nineteenth centuries, DDAS attracted little attention. Only with the critical edition of Hellmann in 1909 did this work start to be appreciated not as a patristic text, but as a product of Hiberno-Latin scholarship in the seventh century.

Conclusion The size and complexity of the manuscript transmission of the De XII abusiuis saeculi inevitably means that any attempt to summarize its character will be provisional. Nonetheless, it is clear that the intense biblicism of this seventhcentury Irish text always attracted those concerned with malpractice in different areas of society, above all with abuses of different types of privilege. Its discussion of justice in relation to kingship was relevant not just to the compilers of Hibernensis (who assigned its ninth chapter to Patrick), but to 107 De XII abusionum gradibus (Venice: Octavianus Scotus, 28 May 1483), unpaginated, but DDAS occurs on fols 77va–81va [ISTC ia01216000], esp. fol. 77v: ‘Sancti Augustini Episcopi Hipponensis de duodecim abusionum gradibus. Aut beati Hugonis de sancto Victore, ut uerius’. It uses the more corrupt Class 2 recension in which DDAS, 9 reads non iniquum sed correctorem iniquorum. This seems to be a reprint of an edition from Nuremberg by the Fratres ordinis eremitarum sancti Augustini [1483] and possibly that printed in Milan by Beninus and Johannes Antonius de Honate [c. 1480–1482] (ISTC ia01292000). It was widely reprinted: Venice 1483 (Andreas de Bonetis); Strasbourg 1489 and 1491 (Martin Flach); Reutlingen 1492 (Johann Otmar). This version was then included in Prima [-undecima] pars librorum Divi Aurelii Augustini, vol. 10 (Basel: J. Amorbach, 1508), fols 42r–45r from where it was printed by Erasmus (Basel: Johann Froben, 1521), and then the Maurists, who added references to unidentified MSS from Corbie and St Victor, reprinted in PL, 40, 1079–1088. 108 Von den zwölf Missbräuchen dieser Welt, trans. Weiglin. 109 The Twelfe Steppes of Abuses, trans. Lesse. 110 De douze manières d’abus. This was printed in Paris by Frédéric Morel on several occasions: 1569, 1571, 1573, 1575, and 1603.

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those concerned with the potential abuse of royal power in the Carolingian period. Their attribution of DDAS to Cyprian (perhaps first promoted by Jonas of Orleans in 829) was not unintelligent, given its debt to Cyprianic thought and literary style. By the late eleventh and early twelfth century, DDAS was beginning to be known (above all in the abbeys of Normandy) as a work of Augustine. The best MSS of DDAS tend to be not those from the Carolingian period, but those copied in the twelfth century in abbeys like Corbie, from an ancient pre-Carolingian exemplar. In the thirteenth and fourteenth centuries, a division emerges between those Franciscan scholars, like John of Wales, who sought to combine the scriptural focus of DDAS with the classical perspectives of John of Salisbury, and those who followed Thomas Aquinas in avoiding a text that was not indisputably by a Church Father. After the sixteenth century, DDAS fell into a twilight zone of patristic spuria, not attracting the same attention as other ‘more authentic’ writings of the Church Fathers. Only in the late nineteenth and twentieth centuries would the significance of its emanating from seventh-century Ireland restore interest in the work. Yet there is still much to say about the enduring influence of this treatise on the twelve abuses of the age and its complaint that justice (iustitia) was still being suffocated.

Bibliography Manuscripts Bamberg, Staatsbibl., MS Patr. 23 (B.III.13) Basel Universitätsbibl., MS O. iv. 18 Cambridge, CUL, MS Ii.1.41, Ii.6.55 Cambridge, St John’s College, MS 37 Cambridge, Trinity College, MSS O.1.52, O.9.22 Chartres, BM, MS 5 Dublin, Trinity College, MS H 2.16. Florence, Bibl. Laurenziana, MS Ed. 9, MS Plut. 89 sup. 31, MS San Marco 655 Göttweig, SB, Cod. 150 Graz, Universitätsbibl., MS 169 (42/14 Quarto) Karlsruhe, Landesbibliothek, Cod. Aug. perg. 254 Leiden, Universiteitsbibliotheek, MS Vossius Lat. 2o 113 London, BL, MS Cotton Caligula A. IX, MS Cotton Cleopatra C VI, MS Harley 3027, MSS Royal 5 F X, 6 B XIII, 8 F XIV Milan, Bibl. Ambrosiana, MS C 78 sup.

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Monte Cassino, Bibl. Abbaziale, MS 232 Munich, BSB, Clm 14468, 14497, 22053, 23795 Oxford, Bodleian Library, MS Bodley 800, MSS Rawl. Poet. 32, C 72 Oxford, Jesus College, MS 29 Paris, BnF, MSS lat. 2155, 2331, 2769, 2994A, 3330, 10463, 12270, 15146 Rouen, BM, MSS 508, 1333 Salisbury, Sarum Cathedral Library, MS 168 St Gall, SB, MSS 89, 132, 150, 277, 570, 1399a Vatican, BAV, MSS Reg. lat. 195, Vat lat. 3834 Vienna, ÖNB, MS lat. 2232 Zurich, Zentralbibliothek, MSS Rheinau 95, 140

Primary sources: De XII abusiuis saeculi Breen, Aidan, ed., ‘Towards a Critical Edition of De XII Abusivis: Introductory Essays with a Provisional Edition of the Text and Accompanied by an English Translation’ (unpublished doctoral thesis, University of Dublin, 1988). De douze manières d’abus qui sont en ce monde en diverses sortes de gens et du moyen d’iceux corriger et s’en donner garde… extrait des œuvress de S. Cyprian et corrige (Paris: F. Morel, 1571). Lesse, Nicolas, trans., The Twelfe Steppes of Abuses write[n] by the famous doctor S. Augustine translated out of laten by Nicolas Lesse (London: Iohn Day and Wylliam Seres, 1550), repr. in A Looking Glasse for England Wherein those enormities and foule abuses may most euidentlie be seene, which are the destruction and ouerthrow of euery Christian common-wealth. Likewise, the onely meanes howe to preuent such daungers: by imitating the wholsome aduertisements contayned in thys booke. Which sometime was the iewell and delight of the right honourable Lorde and father to his countrey, Fraunces Earle of Bedforde, deceassed (London: John Charlewood for Henry Car, and Thomas Butter, 1590). Ps.-Cyprianus: De xii Abusiuis Saeculi, ed. by Siegmund Hellmann, Texte und Untersuchungen zur Geschichte der altchristlichen Literatur, 34 (J. C. Hinrichs: Leipzig, 1909). Pseudo-Cyprianus, De XII abusivis saeculi, ed. by Wilhelm Hartel, CSEL, 3.3 (Vienna: C. Gerold, 1871), pp. 152–173. Reliquiae antiquae. Scraps from ancient manscripts, illustrating chiefly early English literature and the English language, ed. by Thomas Wright and James Orchard Halliwell, 2 vols (London: William Pickering, 1841). ‘Pseudo-Cyprians “De duodecim abusivis saeculi” in der Übersetzung des Maximos Planudes’, ed. by W. O. Schmitt, in Studia Byzantina II, ed. by Johannes Irmscher and Peter Nagel (Berlin: Akademie Verlag, 1973), pp. 13–36.

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Two Ælfric Texts: The Twelve Abuses and The Vices and Virtues: An Edition and Translation of De duodecim abusivis and De octo uitiis et de duodecim abusivis, ed. and trans. by Mary Clayton (Woodbridge: Boydell, 2013). Weiglin, Jakob, trans., Von den zwölff Missbrüchen dieser Welt (Reutlingen: Maister Honasen Otmar, 1492; repr. Augsburg, 1521).

Other primary sources Ambrose, Epistulae, ed. by O. Faller and M. Zelzer, CSEL, 82.1 (Vienna: Tempsky, 1968–1990). The Amrae Choluim Chilli of Dallan Forgaill, ed. by John O’Byrne (Dublin: McGlashan and Gill, 1871). Amrae Coluimb Chille: A Critical Edition, ed. by J. Bisagni (Dublin: Institute for Advanced Studies, 2019). Ambrosiaster, Quaestiones veteris et novae testamenti, ed. by A. Souter, CSEL, 50 (Vienna: Tempsky, 1908). Ars Ambrosiana, ed. by B. Löfstedt, CCSL, 133C (Turnhout: Brepols, 1982). Ars grammatica (de viii partibus orationis), ed. by M. De Marco, CCSL, 133 (Turnhout: Brepols, 1968). Augustine, Enarrationes in Psalmos, ed. by E. Dekkers and J. Fraipoint, 3 vols, CCSL, 38–40 (Turnhout: Brepols, 1956). Augustine, Expositio epistulae ad Galatas, ed. by J. Divjak, CSEL, 84 (Vienna: Tempsky, 1971), pp. 55–141. Basil, Regula, trans. by Rufinus, ed. by K. Zelzer, CSEL, 86 (Vienna: Tempsky, 1986). Bede, De schematibus et tropibus, ed. by C. B. Kendall, CCSL, 123A, pp. 142–171. Bede, Ecclesiastical History of the English People, ed. by Bertram Colgrave and R. A. B. Mynors (Oxford: Clarendon Press, 1969). Bede, In epistulas septem catholicas, ed. by D. Hurst, CCSL, 121 (Turnhout: Brepols, 1983). Berengar of Tours, Rescriptum contra Lanfrannum, CCCM, 84–84A (Turnhout: Brepols, 1988). Boniface, Epistolae, ed. by E. Dümmler, in MGH Epistolae. Selectae Merovingici et Karolini aevi, 3 (Berlin: Weidmann, 1892), pp. 215–433. Boniface, Epistolae, ed. by Michael Tangl, MGH Epistolae selectae, 1 (Berlin: Weidmann, 1916). Boniface, Sermo IX, PL, 89, 860A–862A. Catalogi bibliothecarum antiqui, ed. by Gustav Becker (Bonn: Cohen, 1885). The Chronicle of Ireland, trans. by T. M. Charles-Edwards (Liverpool: Liverpool University Press, 2006). Cicero, De officiis, ed. by A. Atzert (Leipzig: Teubner, 1963). Cicero, Orator, ed. by P. Reis (Leipzig: Teubner, 1932).

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Columbanus, Sancti Columbani Opera, ed. by G. S. M. Walker, Scriptores Latini Hiberniae, 2 (Dublin: Institute for Advanced Studies, 1957). Concilium Parisiense, c. 829, ed. by A. Werminghoff, MGH Concilia, 2.2 (HannoverLeipzig: Hahn, 1908). Cummian, Epistola ad Segianum, ed. by D. Ó Cróinín and M. Walsh, Cummian’s Letter De controversia Paschali and the De Ratione Conputandi (Toronto: Pontifical Institute for Mediaeval Studies, 1988). Cyprian, De ecclesiae unitate, ed. by M. Bévenot, CCSL, 3 (Turnhout: Brepols, 1972), pp. 249–268. De malis doctoribus, in PL Supplementum, 1 (Paris: Garnier, 1959), 1418–1463. Donatus, Ars grammatica, ed. by H. Keil, Grammatici Latini, 4 (Leipzig: Teubner, 1864), pp. 355–402. Elaise, Mac, ‘Rule of Saint Carthage’, Irish Ecclesiastical Record, 4th ser., 27 (1910), 495–517. Furnivall, Richard, ed., Early English Poems and Lives of Saints (Berlin: Asher, 1862). Gennadius of Marseilles, De viris illustribus, ed. by E. Richardson, Texte und Untersuchungen, 14.1a (Leipzig: Hinrichs, 1896), pp. 57–97. Gregory the Great, Moralia in Job, ed. by M. Adriaen, CCSL, 143 (Turnhout: Brepols, 1979). Hariulf of Saint-Riquier, Chronique de l’abbaye de Saint-Riquier (Ve siècle–1104), ed. by F. Lot, Collection de textes pour servir à l’étude et à l’enseignement de l’histoire (Paris: Picard, 1894). The Hibernensis, ed. and trans. by Roy Flechner, 2 vols, Studies in Medieval and Early Modern Canon Law (Washington, DC: Catholic University of America Press, 2019). Hisperica famina, ed. by Michael W. Herren, 2 vols (Toronto: Pontifical Institute for Mediaeval Studies, 1974–1987). Homiliarium Hibernicum, ed. by Richard Atkinson, The Passions and Homilies from the Leabhar Breach (Dublin: Royal Irish Academy, 1887), pp. 414–450, 466–470. Isidore of Seville, Etymologiae, ed. by W. M. Lindsay (Oxford: Clarendon Press, 1912). Isidore of Seville, Sententiae, ed. by P. Cazier, CCSL, 111 (Turnhout: Brepols, 1998). Jerome, Commentarii in Ezechielem, ed. by F. Glorie, CCSL, 75 (Turnhout: Brepols, 1964). Jerome, Dialogi contra Pelagianos, ed. by C. Moreschini, CCSL, 80 (Turnhout: Brepols, 1990). John Cassian, Conlationes, ed. by M. Petschenig, CSEL, 13 (Vienna: C. Girold, 1886). John of Salisbury, Policraticus, sive de nugis curialium et vestigiis philosophorum libri viii, ed. by Clemens C. J. Webb, 2 vols (Oxford: Clarendon Press, 1909). John Wycliffe, Tractatus de potestate pape, ed. by J. Loserth (London: Wyclif Society, 1907). Jonas of Orleans, The ‘De institutione regia’: A Ninth-Century Political Tract (Smithtown, NY: Exposition, 1983).

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Jonas of Orleans, Instruction des laïcs: De institutione laicali, ed. and trans. by A. Dubreucq, 2 vols, SC, 549, 560 (Paris: Cerf, 2013). Jonas of Orleans, Le métier du roi: De institutione regia, ed. and trans. by A. Dubreucq, SC, 407 (Paris: Cerf, 1995). Julianus Pomerius, De vita contemplativa, PL, 59, 411–520. Lanfranc, De corpore et sanguine Domini, ed. by R. B. C. Huygens, CCCM, 171 (Turnhout: Brepols, 2000). Ó Maidín, Uinseann, The Celtic Monk: Rules and Writings of Early Irish Monks, Cistercian Studies Series, 168 (Kalamazoo: Cistercian, 1996). Oda of Canterbury, Constitutiones, PL, 133, 945–950. Origen, Homiliae in librum Iudicum, ed. by W. A. Baehrens, GCS, 30 (Berlin: Hinrichs, 1921). Patrick, Confessio, ed. by L. Bieler, Libri epistolarum sancti Patricii episcopi, 2 vols (Dublin: Institute for Advanced Study. 1952). Pelagius, Expositiones XIII epistularum Pauli, ed. by A. Souter, Pelagius’s Expositions of Thirteen Epistoles of St Paul, Texts and Studies, ix, 3 vols (Cambridge: Cambridge University Press, 1922–1931); repr. in PL Supplementum 1, 1110–1374. Pelagius, The Letters of Pelagius and his Followers, ed. by B. R. Rees (Woodbridge: Boydell, 1991). Penitentiale Ambrosianum, ed. by Ludger Körntgen, Studien zu den Quellen der Frühmittalterlichen Bussbücher, Quellen und Forschungen zum Recht im Mittelalter, 7 (Sigmaringen: Thorbercke, 1993), pp. 257–270. Pseudo-Augustine, De vita Christiana, PL, 40, 1033–1046. Pseudo-Augustine, ed. by Francis P. McGinty, ‘The Treatise De mirabilibus sacrae scripturae: Critical Edition, with Introduction, English Translation of the Long Recension and Some Notes’, (unpublished doctoral thesis, National University of Ireland, University College, Dublin, 1971). Pseudo-Basil, Die admonitio s. Basilii ad filium spiritualem, ed. by Paul Lehmann. Sitzungsberichte der Bayerischen Akademie der Wissenschaften, 7 (Munich: C.H. Beck, 1955). Pseudo-Basil, L’admonition à un fils spirituel, trans. by Jean-Marie Baguenard, in Dans la tradition Basilienne les constitutions ascétiques. L’admonition à un fils spirituel et autres écrits, Spiritualité Orientales, 58 (Bégrolles-en-Mauges, Maine-et-Loire: Abbaye de Bellefontaine, 1994). Pseudo-Basil, ‘Pseudo-Basil’s Admonitio ad filium spiritualem: A New English Translation’, trans, James F. LePree, The Heroic Age: A Journal of Early Medieval Northwestern Europe, 13 (2010), 1–26. Pseudo-Cicero, Rhetorica ad Herennium, ed. by F. Marx (Leipzig: Teubner, 1923). Pseudo-Isidore, Liber de ordine creaturarum: un anònimo irlandés del siglo VII, ed. by Manuel Díaz y Diaz (Santiago: Universidad de Santiago de Compostela, 1972).

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Quintilian, Institutio oratorica, ed. by L. Radermacher and V. Buchheit (Leipzig: Teubner, 1971). Salvian, De gubernatione Dei, ed. by G. Lagarrigue, SC, 220 (Paris: Cerf, 1975). Skeat, Walter W., ed., Chaucerian and Other Pieces (Oxford: Clarendon Press, 1897). Synodus dicta secunda Patricii, in L. Bieler, The Irish Penitentials, Scriptores Latini Hiberniae, 5 (Dublin: Institute for Advanced Studies, 1963). Tatuin, Ars grammatica (de uiii partibus orationis), ed. by M. De Marco, CCSL, 133 (Turnhout: Brepols, 1968), pp. 3–93. Vincent of Beauvais, De morali principis institutione, ed. by R. J. Schneider, CCCM, 137 (Turnhout: Brepols, 1995). Virgilius Maro Grammaticus, Opera, ed. by Johannes Huemer (Leipzig: Teubner, 1886). Vita Sancti Findani. ed. by O. Holder-Egger, MGH Scriptores rerum Merovingicarum, 15.1 (Hannover: Hahn, 1887), pp. 502–506. William of Pagula, ‘Mirror of King Edward III’, trans. by C. J. Nederman, in Political Thought in Early Fourteenth-Century England: Treatises by Walter of Milemete, William of Pagula, and William of Ockham (Turnhout: Brepols, 2002), pp. 73–139.

Secondary sources Anton, Hans Hubert, ‘Pseudo-Cyprian: De duodecim abusivis saeculi und sein Einfluss auf den Kontinent, insbesondere auf die karolingischen Fürstenspiegel’, in Die Iren und Europa im früheren Mittelalter, ed. by Heinz Löwe (Stuttgart: Klette-Cotta, 1982), ii, pp. 568–617. Bonner, Ali, The Myth of Pelagianism (Oxford: Oxford University Press, 2018). Breatnach, Liam, ‘Varia 1. De duodecim abusivis saeculi in Medieval Ireland’, Ériu, 64 (2014), 205–211. Breen, Aidan, ‘The Date, Provenance and Authorship of the Pseudo-Patrician Canonical Materials’, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Kanonistische Abteilung, 81 (1995), 83–129. Breen, Aidan, ‘De XII abusiuis: Text and Transmission’, in Ireland and Europe in the Early Middle Ages. Texts and Transmissions. Irland und Europa im früheren Mittelalter: Texte und Überlieferung, ed. by Próinséas Ní Chatháin and Michael Richter (Dublin: Four Courts, 2002), pp. 78–94. Breen, Aidan, ‘The Evidence of Antique Irish Exegesis in Pseudo-Cyprian, De duodecim abusivis saeculi’, Proceedings of the Royal Irish Academy, 87, Section C (1987), 71–101. Breen, Aidan, ‘Pseudo-Cyprian, De Duodecim Abusivis and the Bible’, in Irland und die Christenheit: Bibelstudien und Mission, ed. by Próinséas Ní Chatháin and Michael Richter (Stuttgart: Klett-Cotta, 1987), pp. 230–245.

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Bruyne, Donatien de, ‘Fragments retrouvés d’apocryphes Priscillianistes’, Revue bénédictine, 24 (1907), 318–335. Byrne, Francis John, Irish Kings and High-Kings, 2nd edn (Dublin: Four Courts, 2001). Cannone, Giuseppe, ‘Sull’attribuzione del “De vita christiana” a Pelagio’, Vetera Christianorum, 9 (1972), 72–98. Cardelle de Hartmann, Carmen, ‘La Miscelánea del códice München, BSB, Clm 14497: El “De ortu et obitu patriarcharum” y el “De numeris” pseudoisidoriano’, Filologia mediolatina, 19 (2012), 9–42. Carey, John, ‘Ireland and the Antipodes: The Heterodoxy of Virgil of Salzburg’, Speculum, 64 (1989), 1–10. Chadwick, Henry, ‘Ego Berengarius’, The Journal of Theological Studies, n.s., 40.2 (1989), 414–445. Dunphy, William, ‘A Manuscript Note on Pelagius’ ”De vita christiana” (Paris, BN lat. 10463)’, Augustinianum, 21 (1981), 589–91. Duval, Yves-Marie, ‘Sur quelques manuscrits du De vita Christiana portant le nom de Pélage’, Latomus, 64 (2005), 132–152. Enright, Michael, Iona, Tara, and Soissons: The Origin of the Royal Anointing Ritual (Berlin: de Gruyter, 1985). Evans, Robert F., ‘Pelagius, Fastidius, and the Pseudo-Augustinian “De Vita Christiana”’, The Journal of Theological Studies, n.s., 13 (1962), 72–98. Evergates, Theodore, ‘Historiography and Sociology in Early Feudal Society: The Case of Hariulf and the “Milites”’, Viator, 6 (1975), 35–49. Ganz, David, Corbie in the Carolingian Renaissance (Sigmaringen: Thorbecke, 1990). Herren, Michael W., ‘Some New Light on the Life of Virgilius Maro Grammaticus’, Proceedings of the Royal Irish Academy: Archaeology, Culture, History, Literature, 79 (1979), 27–71. Herren, Michael W., and Shirley Ann Brown, Christ in Celtic Christianity (Woodbridge: Boydell, 2002), pp. 69–101. Hillgarth, Jocelyn N., ‘Ireland and Spain in the Seventh Century’, Peritia, 3 (1984), 1–16. Howlett, David R., The Celtic Latin Tradition of Biblical Style (Dublin: Four Courts, 1993). James, Montague R., The Western Manuscripts in the Library of Trinity College, Cambridge, 3 vols (Cambridge: Cambridge University Press, 1902). Joyce, Stephen J., ‘Attitudes to Excommunication in the Early Insular Church: Returning to Gildas’s Letter to Finnian’, The Journal of Medieval Monastic Studies, 9 (2020), 9–30. Kenney, James F., The Sources for the Early History of Ireland 1: Ecclesiastical (New York: Columbia University Press, 1928). Lapidge, Michael, ‘Surviving Booklists from Anglo-Saxon England’, in Learning and Literature in Anglo-Saxon England: Studies Presented to Peter Clemoes on the

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Occasion of his Sixty-fifth Birthday, ed. by Helmut Gneuss and Michael Lapidge (Cambridge: Cambridge University Press, 1983), pp. 33–89. Law, Vivien, ‘The Transmission of the Ars Bonifacii and the Ars Tatuini’, Revue d’histoire des textes, 9 (1980), 281–288. Law, Vivien, Wisdom, Authority, and Grammar in the Seventh Century: Decoding Virgilius Maro Grammaticus (Cambridge: Cambridge University Press, 1995). Luard, H. R., ed., A Catalogue of the Manuscripts Preserved in the Library of the University of Cambridge, 7 vols (Cambridge: Cambridge University Press, 1856–1867). Meeder, Sven, ‘Boniface and the Irish Heresy of Clemens’, Church History, 80.2 (2011), 251–280. Meeder, Sven, The Irish Scholarly Presence at St. Gall: Networks of Knowledge in the Early Middle Ages (London: Bloomsbury, 2018). Meens, Rob, ‘The Oldest Manuscript Witness of the Collectio Canonum Hibernensis’, Peritia, 14 (2000), 1–19. Meens, Rob, ‘Politics, Mirrors of Princes and the Bible: Sins, Kings and the Well-being of the Realm’, Early Medieval Europe, 7 (2003), 345–357. Mews, Constant J., ‘The De XII Abusivis Saeculi and Prophetic Tradition in SeventhCentury Ireland’, in Jonathan Wooding and Lynette Olson, eds, Prophecy, Fate and Memory in the Early and Medieval Celtic World, Sydney Series in Celtic Studies (Sydney: Sydney University Press, 2020), pp. 125–147. Mews, Constant J., ‘The Flight of Carthach (Mochuda) from Rahan to Lismore: Lineage and Identity in Early Medieval Ireland’, Early Medieval Europe, 21.1 (2013), 1–26. Mews, Constant J., and Stephen J. Joyce, ‘The Preface of Gildas, the Book of David, and Penitential Practice in Sixth-Century Britain’, Peritia, 29 (2018), 81–100. Milde, Wolfgang, Der Bibliothekskatalog des Klosters Murbach aus dem 9 Jahrhundert. Ausgabe und Untersuchungen von Beziehungen zu Cassiodors ‘Institutiones’ (Heidelberg: Winter Universitätsverlag, 1968). Miles, Martin, ‘The Sermo ad reges from the Leabhar Breac and Hiberno-Latin Tradition’, in Authorities and Adaptations: The Reworking and Transmission of Textual Sources in Medieval Ireland, ed. by Elizabeth Boyle and Deborah Hayden (Dublin: Institute for Advanced Studies, 2014), pp. 141–158. Morris, Richard, ed., An Old English Miscellany (London: Trubner & Co. for Early English Text Society, 1872). Negri, Franco, ‘Per una lettura del De Claustro Animae di Ugo di Fouilloy’, PhD thesis, Universitá degli Studi di Parma dottorato di ricerca in Filologia Greca e Latina Ciclo XXIV (2012). Nortier, Geneviève, Les Bibliothèques médiévales des abbayes bénédictines de Normandie (Paris: Lethielleux, 1971). Ó Corráin, Donnchadh, ‘Orosius, Ireland, and Christianity’, Peritia, 28 (2017), 113–134.

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Ó Cróinín, Dáibhí, Early Medieval Ireland 400–1200 (London: Routledge, 2017). Polheim, Karl, Die lateinische Reimprosa, 2nd edn (Berlin: Weidmann, 1925). Richter, Michael, Ireland and her Neighbours in the Seventh Century (Dublin: Four Courts, 1999). Robbins, R. H., Historical Poems of the XIVth and XVth Centuries (New York: Columbia University Press, 1959). Rose, Valentin: Verzeichniss der Lateinischen Handschriften der Königlichen Bibliothek zu Berlin, Erster Band: Die Meermann-Handschriften des Sir Thomas Phillipps (Die Handschriften-Verzeichnisse der Königlichen Bibliothek zu Berlin, 12 (Berlin: Asher, 1893). Smyth, Marina, ‘The Date and Origin of the Liber de ordine creaturarum’, Peritia, 17/18 (2003), 1–39. Smyth, Marina, ‘Isidorian Texts in Seventh-Century Ireland’, in Isidore of Seville and his Reception in the Early Middle Ages: Transmitting and Transforming Knowledge, ed. by Andrew Fear and Jamie Wood (Amsterdam: Amsterdam University Press, 2016), pp. 111–130. Turcan-Verkerk, Anne-Marie, ‘La théorie des quatre styles: une invention de Jean de Garlande’, Archivum Latinitatis Medii Aevi, 66 (2008), 167–187. Wright, Charles D., ‘The Irish “Enumerative Style” in Old English Homiletic Literature, especially Vercelli Homily IX’, Cambrian Medieval Celtic Studies, 18 (1989), 27–74. Zimmer, Heinrich, Pelagius in Irland: Texte und Untersuchungen zur patristischen Literatur (Berlin: Weidmann, 1901).

About the authors Constant J. Mews is Emeritus Professor and formerly Director of the Centre for Religious Studies, Monash University (Australia). He specializes in the religious and intellectual history of Europe in the twelfth and thirteenth centuries, on which he has published widely, but is also completing Aidan Breen’s edition of DDAS for the Corpus Christianorum. Stephen J. Joyce is a research affiliate at Monash University, working with Mews and Neal on an ARC funded research project relating to DDAS and its influence. His monograph, The Legacy of Gildas: Constructions of Authority in the Early Medieval West, was published by Boydell in 2022.

2

The Irish Background to the De XII abusiuis saeculi Dáibhí Ó Cróinín

Abstract This chapter examines the Irishness of the De XII abusiuis saeculi. It does so with particular reference to Old Irish legal texts, in particular to the Archaic Old Irish text Audacht Moraind (‘The Testament of Morand’), believed by some scholars to predate even the De duodecim abusiuis (thereby placing it before c. AD 650 and earlier than every other Speculum Principis of the Middle Ages), and to the Senchas Már, the ‘Great Collection’ of early Irish laws. It discusses not just the parallels between DDAS and the legal texts, but the difficult question of which came first. There can be little doubt, however, about its original provenance in seventh-century Ireland. Keywords: Early Ireland, Old Irish, Brehon law, Audacht Moraind, Senchas Már

The De XII abusiuis saeculi has long been regarded as one of the three most important Irish Latin compositions of the Early Middle Ages.1 It stands at 1 See Ó Cróinín, ‘Hiberno-Latin Literature to 1169’, I discount the absurd anti-Irish comments of Coccia, ‘La cultura irlandese precarolingia: miracolo o mito?’ Coccia was an Arabist by training and knew nothing about Early Medieval Ireland or its literature. The article should not be cited as authoritative in any serious discussion of the subject. For a comprehensive bibliographical evaluation of DDAS, see Anton, ‘Pseudo-Cyprian De duodecim abusiuis saeculi und sein Einfluss auf dem Kontinent’ (a very valuable study). For an earlier (characteristically more sceptical) discussion, see ‘Notes on Latin Learning and Literature in Medieval Ireland, iii, i: Pseudo-Patriciana’. See also Lapidge and Sharpe, Bibliography, pp. 96–97, no. 339, and Kenney, Sources, pp. 281–282, No. 109. Because of its anonymous authorship (as distinct from its regular attribution to Augustine or Cyprian), our text was omitted from Sharpe, Handlist, the only fault in an otherwise hugely useful volume. The most recent bibliographical survey of the literature is in Ó Corráin, Clauis. ii, pp. 745–748, no. 576.

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch02

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the apex of Hiberno-Latin learning in the seventh century, along with the De mirabilibus sacrae scripturae [DMSS] of Pseudo-Augustine (dateable to 654/655),2 and the anonymous Liber de ordine creaturarum—described by the great Charles W. Jones as ‘a work of magnificent conception’3—which may be derivative of the De mirabilibus or may have been its source. 4 In the ongoing (and seemingly never-ending) debate about the nature and extent of that Hiberno-Latin learning,5 those three texts have provided the benchmark against which the writings of later Irish authors, and of Latin writers in England and on the continent, have been measured. Of the three, the DDAS has been adjudged to have exerted the greatest influence, principally for its importance in the development of the concept of the speculum principis.6 Kenney remarked of it that ‘[t]he section which especially interested … continental students was that discussing the rex iniquus. And it can be said that the unknown Irish author made a real contribution to the development of European political theory’.

DDAS, Hibernensis, and Irish law Since the time of Hellmann, commentators have confidently dated the work to the mid-seventh century on the grounds that its alleged use of the Regula Benedicti as a model,7 and of the supposed Vulgate version of

2 For the most recent detailed discussion of DMSS, see Warntjes, The Munich Computus, pp. lxix, lxxvii–lxxx, xcv–cxxv, cxxix–cxxx. For a good general account that includes DMSS, see now Smyth, ‘Monastic Culture in Seventh-Century Ireland’, and the still valuable Castaldi, ‘La trasmissione e rielaborazione dell’esegesi patristica nella letteratura ibernica delle origini’. 3 Jones, in his introduction to Bede, Opera didascalica, CCSL, 123A. 4 See Liber de ordine creaturarum, ed. and trans. by Díaz y Díaz; Lapidge and Sharpe, Bibliography, p. 98, no. 342. There is a very useful annotated English translation by Marina Smyth, ‘The Seventh-Century Hiberno-Latin Treatise Liber de ordine creaturarum: A Translation’. See also her earlier article, ‘The Date and Origin of Liber de ordine creaturarum’ with a very valuable survey of previous literature, which is now updated in Ó Corráin, Clauis, ii, pp. 742–745, no. 575. In Esposito’s view (‘Notes on Latin Learning’, p. 230), ‘The De Mirabilibus has drawn not a little of its cosmological speculations from the De Ordine’, but Smyth, ‘The Date and Origin’, p. 5, points out that this runs counter to the view of Pierre Duhem, the scholar who first pointed out the connection between the two texts; see Duhem, Le système du monde, iii, pp. 14–16. 5 The polemical literature on this subject is vast. See especially: Gorman, ‘The Myth of Hiberno-Latin Exegesis’; Ó Cróinín, ‘Bischoff’s “Wendepunkte” Fifty Years On’, and the same author’s Early Medieval Ireland, 400–1200, pp. 200–202. 6 See esp. Kenney, Sources, p. 282. 7 Hellmann, DDAS, p. 5, and summarizing, p. 10.

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its Bible text,8 as well as its perceived use of Isidore of Seville’s writings (Etymologiae and/or Sententiae, not attested in Ireland before c. 650),9 provided a clear terminus ante quem non, while a later terminus post quem non is provided by its citation in extenso by the compiler(s) of the Collectio canonum Hibernensis, which is usually dated c. 716–747.10 Whether any of those three criteria for its early origin can withstand rigorous scrutiny is a moot point (see further below),11 but Kenney remarked of the work that ‘[i]n both the turn of thought and the form it is characteristically Irish, and would be immediately recognized as such by any person familiar with the secular gnomic literature of the Irish language’. By ‘gnomic literature’ Kenney meant the genre of Old Irish secular instructional types of ‘Advice for a Prince’ (Tecosca or so-called wisdom-texts) that have come down from the earliest period of vernacular Irish legal literature, such as the Senbriathra Fíthail and the Triads of Ireland, and which some scholars would see as the precursors of the Latin speculum tradition.12 Of these early ‘gnomic’ texts, perhaps the best known (and the one for which the earliest date has been posited) is that known as Audacht Morainn 8 Hellmann, DDAS, p. 4. 9 Smyth, ‘Isidore of Seville and Early Irish Cosmology’, while useful, is seriously in error about the earliest Irish use of Isidore. I have argued that the entire corpus of Isidore’s writings came to Ireland in ad 640; see ‘New Heresy for Old’. Smyth has stated that DDAS actually draws on Isidore’s De differentiis, not the Etymologiae or the Sententiae (which Hellmann believed); see ‘Isidore and Early Irish Cosmography’, p. 72 n. 14. 10 See now The Hibernensis, ed. and trans. by Flechner, also Gorman, ‘Patristic and PseudoPatristic Citations in the Collectio Hibernensis’ (a very valuable study). Other sources of DDAS identified by Hellmann were Augustine and Jerome, but they are too ubiquitous to be of any use for our purposes. 11 Ryan, Irish Monasticism, Origins and Early Development is hopelessly out of date and of no use for our purposes. I am not aware of any evidence for the use of the Regula Benedicti in Ireland before the twelfth century (with the exception of the Hibernensis), and certainly not in the seventh century; it seems hardly to have been used on the continent in that century, though its propagation in the period c. 600 has been associated with the activities of Columbanus and his followers. See Ó Cróinín, ‘A Tale of Two Rules: Columbanus and Benedict’. Irish monastic founders appear to have organized their communities in accordance with their own, native rules; Ó Maidín, The Celtic Monk: Rules and Writings of Early Irish Monks is concerned only with native Rules (Fr Ó Maidín passed away in 2020); the early Rules of Bangor, Iona and ‘a rule of the Irish brothers’ (regula fratrum Hibernensium) are mentioned in a Fulda catalogue of the ninth century; see Ó Cróinín, Early Medieval Ireland, pp. 213, and 244 n. 9. 12 On the instructional literature, see Meyer, ed. and trans., The Instructions of King Cormac Mac Airt, and Smith, ‘The Speculum Principum in Early Irish Literature’, and more recently, Kelly, A Guide to Early Irish Law, pp. 284–286 (a list of surviving wisdom texts). For the Triads, see Meyer, ed. and trans., The Triads of Ireland. For more recent discussion and bibliography, see Ireland, Old Irish Wisdom Attributed to Aldfrith of Northumbria.

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(‘The [oral] testament of Morand’), usually dated by scholars of Early Irish (so-called ‘Brehon’) law to c. 700.13 The Audacht presents itself as a set of precepts addressed to a young king, Feradach Finn, by the mythological judge Morand mac Moín, and has come down in two recensions, of which the first (A) preserves a more apt title, Tecosca Morainn (‘The Precepts of M.’). Parts of the text may well be associated with (perhaps even derived from) a pre-Christian Irish inauguration ritual, and as such offers a precious ‘window on the Iron Age’, perhaps even on the Indo-European world. Its first editor, the great Swiss-German scholar Rudolf Thurneysen, actually distinguished three recensions of the text, and offered a translation of Recension A, which he regarded as the oldest and dated to the mid-eighth century. This view was subsequently challenged, however, and its most recent editor, Fergus Kelly, has argued for ‘a compilation date of c. 700, though much of the text must have had a previous oral or possibly manuscript existence’.14 Kelly further argued that ‘[a]rchaic features of syntax suggest that much of Recension B was composed a good deal earlier than the proposed compilation date of c. a.d. 700’. Whether that dating can still be maintained, however, is—like the case for the early dating of the De duodecim cited above—a moot point.15 The foremost modern scholar of early Irish law, D. A. Binchy, pointed out that in the earliest recension of the Audacht—as in the archaic stratum of the laws—there is a noticeable lack of specifically Christian sentiments and very few Latin loan-words. On this basis he (and following him, Fergus Kelly) concluded that ‘[t]hough one cannot rule out the possibility of outside influence in a text which must have taken roughly its present form over 200 years after the arrival of Christianity, it has yet to be shown that any of the ideas which it expresses are of Christian provenance’.16 The two Irish scholars pointed out that Hellmann had come to this conclusion independently, believing DDAS to have been composed between ad 650 and ad 700, and he claimed to see Irish features also in its language and content.17 13 Kelly, ed. and trans., Audacht Morainn; see also the valuable review by Henry, in Studia Hibernica. 14 Kelly, Audacht, p. xxix. 15 See now Bisagni, ed. and trans., Amrae Coluimb Chille: A Critical Edition, p. 99. Bisagni is sceptical of the early date ascribed to the Amrae and related texts (including the Audacht). But see now Charles-Edwards, ‘Jacopo Bisagni’s Amrae Choluimb Cille’. 16 Kelly, Audacht, p. xv. 17 Hellmann, DDAS, pp. 10–11. Hellmann appears to have anticipated the objection that his source analysis might not convince every reader: ‘Wer die eben angeführten Angaben nicht für genügend beweiskräftig erachtet …’. The case is cumulative rather than decisive.

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Be that as it may, it is certainly true that there are remarkable similarities between the Latin text and the vernacular Irish one. The precepts contained in the Audacht are, in general, applicable to all grades of kings, though in a few instances (§§ 9–11, 13, 56, 60) reference is made to ‘tribes’ (tuatha) rather than ‘tribe’ (tuath); this presumably refers to instances where the king is what Irish law terms a rí tuath (‘king of tribes’), rather than a rí tuaithe (‘ruler of a [single] tribe’). The over-riding theme of the Audacht (§§ 12–28) is that the welfare of the king and his people depends on his justice or fír flathemon (lit. ‘truth of a ruler’).18 The central theme that introduces §§ 12–21 is a series of ten sentences, each beginning with the formula is tre fhír flathemon (‘It is through the ruler’s Truth that …’). In the inauguration ritual that has been posited as the likely occasion for the recitation of the text, the king replied to each of the statements in turn with a ritual response: rob fír (‘Let it be true’). In a triadic symbolism that goes back to Indo-European times, disease is to be forbidden, devastation of war repulsed by arms, and natural disaster turned aside. Hence the king’s justice provides protection from all kinds of natural disasters, such as plague, lightning, and drought, and ensures abundance of crops and produce, such as corn, milk, fish, and fruit, as well as fertility in women, and the maintenance of peace, prosperity and good order. ‘Let him care for his tribes, they will care for him; let him help his tribes, they will help him; let him soothe his tribes, they will soothe him’ (§§ 9–11). In § 31 the king is advised: ‘Let not rich gifts or treasures blind him to the weak in their sufferings’. By the same token, any transgressions from this fír have inevitable consequences: to-léici gáu do fhír (‘falsehood yields to truth’) and the ultimate sanction for the king is his deposition or dethronement: (§ 56k) to-léici anflaith do fhírfhlaith (‘the un-ruler [= false king] yields to the true ruler’). Hence the last of the to-léici series in the Audacht (§ 56a-l) highlights the contrast of fír and its opposite, gáu, just as in early Irish law gúbretha (‘false judgements’) are contrasted with fírbretha (‘true judgements’); indeed, there is an entire legal tract devoted to the subject, entitled Gúbretha Caratniad (‘The false judgements of ‘[the mythological judge] Caratnia’).19 This mention of early Irish law leads then inexorably to the question: is there an equivalent statement of the king’s rights and duties in the native

18 See Watkins, ‘Is tre fhír flathemon; marginalia to Audacht Morainn?’ 19 Thurneysen, ‘Die falschen Urteilssprüche Caratnias’, pp. 302–370; for commentary, see Kelly, Guide, p. 266, no. 5.

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vernacular secular legal corpus? The answer is: yes. In the Senchas Már, the ‘Great Collection’ of early Irish laws, the following is found:20 atáit .iiii. saba tuaithe nododessruithidar i mbecaib: rí gúbrethach, espocc tuisledach, filid diúbertach, aire esindric. dlegar do cach ríg fírinde; dlegar do cach espocc andgus; dlegar do cach filid nemdiúbairtche aircetail; dlegar do cach airig indrucus, ar nad óige a mámu, ní dlegar dóib díre. [There are four pillars of the tuath who are dishonoured by small things: the king who gives false judgements; the bishop who sins; the poet who defrauds; the lord who is dishonest. Truth is expected of every king; good deeds are expected of every bishop; honesty in recitation is expected of every poet; integrity is expected of every lord. For if their services are not pure, they are not entitled to payment of honour-price.]

The similarity of this statement to the sentiment expressed in DDAS was remarked on already by Hellmann.21 That this concept of the king’s honour was central to the understanding of the native Irish lawyers is further indicated by two other passages in the same Senchas Már tract just cited:22 ní ríg laisna biad géill i nglasaib, dona tabar cís flatha, dona eirenedar féich cána. in tan géibius in ríg ina máma-so, is and doranar díre ríg, cen gáe, cen esbrath, cen eisindrucus fria tuatha. [He is no king who does not have hostages in chains, to whom no royal tribute is rendered, and to whom no fines for breach of cáin-law are paid. When the king receives these services, that is when the king’s honour-price is rendered to his kingdoms, without falsehood, without false judgement and without dishonesty.] 20 I cite from Binchy, ed., Corpus Iuris Hibernici, i, p. 234, who gives a diplomatic text. There is an older edition, with translation, in Hancock and others, eds and trans., Ancient Laws of Ireland, i, p. 52. The text printed in small caps by Binchy represents the original law, by contrast with the commentary, which he prints in lower-case letters. I have adjusted the spelling slightly. 21 Hellmann, DDAS, p. 15. He described it as ‘eine gewisse Verwandschaft’, which is perhaps understating the connection. Anton, ‘Pseudo-Cyprian’, p. 569 n. 11, also remarked on the similar statement in the Old Irish Triads: ‘Three ranks that ruin tribes in their falsehood: the falsehood of a king, of a historian, of a judge’; cf. Meyer, Triads of Ireland, pp. 22–23, no. 166. Mention of a historian rather than a bishop might or might not be significant. 22 Binchy, Corpus, i, p. 219.

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The word gáe is glossed im breithemnus nó im gufiadnaisi nó im eisindrucus do dénam do, ‘by his perpetrating any [false] judgement or false witness or dishonesty’ and the text goes on then to specify the outward manifestations of such kingly misbehaviour:23 atáit .uii. fiadnaise forgeallad gáe cach ríg: senad do sódad asa n-airlisi cen fír cen dliged … maidm catha fair, nuna ina flaithius, dísce mblechta, milled measa, seol n-etha. it é .uii. mbeocaindle and-so forosnad gáe cach ríg. [There are seven witnesses that indicate the wrong-doing of a king: the expulsion of a synod from its precinct without truth and without just cause; …24 defeat in battle; famine during his reign; drying up of cows; destruction of beech mast; withering of the corn. These are the seven shining candles that illuminate the falsehood of every king.]

The sentiments are, therefore, for the most part identical with those expressed by the author of DDAS; the question then arises: which came first? In the manuscripts, the Old Irish text follows another text concerning inheritance by females (in particular the exceptions to the normal rules applying thereto), in a very archaic style and language which its first modern editor described as ‘full of difficulty’, as a result of which he ‘had to leave much still doubtful’.25 Whether that allows us to conclude that our law text is equally archaic is difficult to say; certainly there is nothing in it from the linguistic point of view that would preclude us from ascribing an early date to it (on the contrary: e.g. archaic sódad for later súathad). But how early? The rules of inheritance described in the archaic legal poem that precedes it in the manuscripts were incorporated into the Hibernensis and so must have represented legal practice in Ireland before that collection was compiled.26 The rather startling reference in the Old Irish text to the possibility of a king expelling a synod from its ‘precinct’ (if that indeed is what the text means; that is what the glossator thought it meant, at any rate) would suggest a period of a very early date of composition indeed, when the Church was not yet fully absorbed into the fabric of early Irish 23 Binchy, Corpus, i, p. 219. 24 Binchy was clearly at a loss to understand the text of the commentary at this point, which reads: .i. inge ar s̄ , ata s̄ lim and. 25 Dillon, ‘The Relationship of Mother and Son, of Father and Daughter’, pp. 129–179; citations from pp. 134 and 174. 26 See Ó Corráin, ‘Irish Law and Canon Law’.

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society, or the period (usually dated to the seventh century at latest), when king and bishop were accorded (or for which ecclesiastical lawyers claimed) equal status under the law. It may be significant that, where the rest of our Old Irish text mirrors the wording of DDAS almost exactly, this particular manifestation of the king’s misbehaviour, namely his rough treatment of the Church, is lacking in the Latin text. Can we deduce from this that the Old Irish brehon law text must therefore be the older of the two? Although the good king in the Audacht is urged to enforce his rights against other tribes by arms (§ 30), and to ‘despatch battalions to the borders of hostile neighbours’ (§ 15), in § 14 the just ruler is distinguished by his search for ‘peace, tranquillity, joy, ease and comfort’, and in § 54 he is told ‘conflict yields to peace’.27 The author of DDAS, however, has an added twist when he forbids the just king from patronising druids and satirists, possibly also intending to exclude poets and others of what in Old Irish are called the aés dána (‘people of the arts’): The justice of the king consists in oppressing no one wrongfully through might … in not supporting vain men and declaimers (impudicos et histriones) … in having elders, wise men and sober, as counsellors, in not heeding the superstitions of druids, diviners and sorceresses (magorum, ariolum pythonissarumque). … However, let the king know that, just as on his throne he is established as the first among men, so too shall he hold the primacy in torments, should he fail to do justice.28

One wonders if this is perhaps the origin of the famous story about Colm Cille ‘saving the poets of Ireland’ at the convention of Druim Cett (dated to either 570 or c. 590).29 It may also echo the remarks by the author of the De mirabilibus sacrae scripturae, who makes one striking disparaging statement about the beliefs of native Irish priests. He openly mocks the ‘laughable tales told by the druids (ridiculosis magorum fabulosis), who 27 See Byrne, Irish Kings and High-Kings, pp. 23–26, and for general commentary, idem, ‘Tribes and Tribalism in Early Ireland’. 28 DDAS, 9, ed. Breen, pp. 400–404 (ed. Hellmann, p. 51): ‘Iustitia regis est neminem iniuste per potentiam opprimere … impudicos et [hi]striones non nutrire, senes et sapientes et sobrios consiliarios habere, magorum et [h]ariolorum et pythonissarum superstitionibus non intendere, … (p. 53) Attamen sciat rex quod sicut in throno hominum primus constitutus est, sic et in poenis, si iustitiam non fecerit, primatum habiturus est’. 29 See Sharpe, Adomnán of Iona, Life of Columba, pp. 90 and 312–314; Meckler, ‘The Annals of Ulster and the Date of the Meeting at Druim Cett’, and Bart Jaski, ‘Druim Cett Revisited’.

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say that their elders through the ages flew about in the form of birds’ (dicentium in auium substantia maiores suos saecula peruolasse).30 That such individuals as magi/druids were still to be found in Irish society in the mid-seventh century may be inferred from the fact that the native brehon lawyers, in the remarkable (seventh-century) tract on sick-maintenance entitled Bretha Crólige,31 identify three persons in society who are specifically excluded from the provisions of the law: the druid (druí), the reaver (díbergad), and the satirist (cáinte), ‘for it is more fitting in the sight of God to repudiate them than to protect them’.32 As Bretha Crólige is one of the principal texts in the collection of Irish laws known as the Senchas Már, it is surely right to see a parallel—if not a direct link—between the two statements, one by the Hiberno-Latin author, the other by a contemporary native brehon lawyer. DDAS has been seen by some modern scholars as having emanated from the Munster region of southern Ireland, which already by the early seventh century had a well-established tradition of Latin exegesis and computistical studies.33 Certainly, in terms of the quality of its prose, the work stands comparison with any of the other Hiberno-Latin compositions of the period, notwithstanding the disparaging verdict of Vivien Law, who professed to believe that ‘the letters and rules of Columbanus, the surviving corpus of biblical exegesis, and miscellaneous compositions [sic] like the tract DMSS of the Irish Augustine are all the work of writers with but a modest education. None of these displays a very high standard of latinity’.34 Kenney, on the other hand, thought otherwise: ‘The literary style of the work seems good; it shows no contamination from the Hisperica famina type of Latinity. The Irish Augustine, though differing widely in thought and diction from

30 DMSS, 1.27, PL, 35, 2164: ‘Sed si omnia, quae de terra facta sunt, in alterutrum mutari vicissim conceduntur, hoc est, ut animal in arborem, panis in lapidem, homo in volucrem verti posse concedatur; nihil ex his firmiter possit intra suae naturae terminos permanere, et ridiculosis magorum fabulationibus dicentium in avium substantia majores suos saecula pervolasse, assensum praestare videbimur’. See Carey, A Single Ray of the Sun, pp. 39 and 54; for background, see Ó Cróinín, Early Medieval Ireland, pp. 50–54. 31 See Binchy, ed., ‘Bretha Crólige’, pp. 1–77; for commentary, see Binchy, ibid., pp. 78–134, and Kelly, Guide to Early Irish Law, pp. 130–131 and p. 329. 32 Bretha Crólige, § 50; Binchy, ‘Bretha Crólige’, pp. 40–41. Here the cáinte echoes the reference in the other law text to the poet ( filid diúpertach) who dishonours his status by satirizing (cáined) unjustly. 33 For the background, see Grosjean, ‘Sur quelques exégètes irlandais du viie siècle’, and Ó Cróinín, ‘Hiberno-Latin Literature’, pp. 378–390. 34 Law, The Insular Latin Grammarians, p. 6.

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Cogitosus [author of possibly the oldest Life of Brigit of Kildare], was worthy to rank as a Latinist with that pioneer hagiographer’.35 Irish scholars of native law, for their part, have sought the origins of the Audacht in the same part of the country. It may also reflect southern Irish notions of kingship, since it makes no mention of (or perhaps studiously avoids) the concept of ‘high kingship’ that became such an intrinsic part of northern Irish political writings in the half-century from 645 onwards.36 On the other hand, the Senchas Már collection is generally believed to have been compiled in the northern part of the country (and according to the latest authority on the subject, in Armagh somewhere between the 660s and the 680s).37 But although Liam Breatnach has argued that the SM collection of texts was both written and compiled in Armagh (a view which I do not share), that need not necessarily be fatal to any notion that DDAS—a supposedly southern Irish composition—might have either drawn upon or been a model for the native Irish law or one of the Tecosca texts, in this case the Audacht Morainn. A notable feature of early Irish brehon law is its universality; there are no regional variants in Irish law; the law is the same in every part of the country.38 There can be no doubting, therefore, that a collection like the ‘northern’ SM (if northern it is) must have incorporated elements that were of ‘southern’ origin as well, and we may presume that the concept of a ‘false-judging king’ was recognized equally both north and south in early Ireland.

DDAS and Irish scriptural traditions Siegmund Hellmann’s statement that DDAS drew on a Vulgate version of the scriptures for its biblical text is more problematical.39 Although much has been written about the supposedly ‘Irish/Celtic’ family of Gospel-texts in 35 Kenney, Sources, p. 277. The great William Reeves, who produced what is still the best edition of Adomnán’s Vita Columbae, remarked of the De mirabilibus: ‘In its style we observe a great superiority over the Latin of Columbanus … and even Adamnan’; see Reeves, ‘On Augustin [sic], an Irish writer of the seventh century’, p. 22. 36 See Ó Cróinín, ‘Early Irish Annals from Easter Tables’. 37 Breatnach, The Early Irish Law Text ‘Senchas Már’; see now the commentary on Breatnach’s views by Charles-Edwards, ‘Early Irish Law, St Patrick, and the Date of the Senchas Már’. Comparison is regularly made between the Senchas Már-type texts (that are usually in prose) and the more ‘poetico-legal’ type texts that are preserved in the supposedly southern collection known as Bretha Nemed, for which see Kelly, Guide, p. 268. 38 See Charles-Edwards, ‘Early Irish Law’; Kelly, ‘Texts and Transmissions, and Ó Cróinín, Early Medieval Ireland, pp. 23–28 and 154–155. 39 Hellmann, DDAS, p. 4.

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circulation in the early middle ages, the discussion has centred almost entirely on the manuscripts of those biblical texts, not on the secondary compositions that drew upon them.40 There are exceptions, but they are too few to allow general conclusions to be drawn about the nature of the Vulgate texts that Hiberno-Latin authors drew upon, and whether, for example, any local or regional variations of usage can be detected. It would be much more useful if a connection could be established between Old Latin citations in DDAS (if there are any) and other branches of the Vetus Latina text transmission. Dom Bonifatius Fischer, for example, remarked that the same family of Old Latin gospel text appeared to be present in Ireland, southern Gaul, and Spain.41 It can safely be assumed, however, that every Hiberno-Latin composition in the years after 500 would have drawn, to varying degrees, on some version of the Vulgate. In his analysis of the biblical text used by Cummian, the author of the famous Paschal Letter, at the earlier end of the chronological scale (632/633), the late Hermann Frede of the Vetus Latina Institute in Beuron concluded that ‘Cummian followed either a Vulgate text or a Vulgate-like text that, here and there, preserved some Old Latin readings’.42 Jean-Michel Picard, in his analysis of Adomnán’s Vita Columbae (a decidedly ‘northern’ composition) came to more-or-less the same conclusion.43 In the absence of any specifically ‘Irish’ Vulgate (or Old Latin) reading in DDAS that is shared with other demonstrably Hiberno-Latin texts, reference to use of a Vulgate text is, then, in itself, not sufficient evidence to clinch the Irish ‘claim’. On the other hand, the discovery that our three texts, DDAS, De mirabilibus, and De ordine creaturarum all share the use of a hapax, plagalis, 44 that occurs nowhere else (on which see further below) provides very striking evidence 40 Cordoliani, ‘Le texte de la Bible en Irlande du ve au ixe siècle: Étude sur les manuscrits’, deals only with the manuscript evidence, ‘die aber einerseits zu viel, andererseits zu wenig enthält’, in the words of Bonifatius Fischer, ‘Der Vulgata-Text des Neuen Testamentes’, p. 190, n. 33; Cordoliani’s article does not analyse any secondary texts of the period. The literature on the ‘Irish/Celtic’ family of texts is vast, but see the section on ‘Biblica: The Early Medieval Irish Biblical Texts’, in Ó Corráin, Clauis, i, pp. 83–90. 41 Fischer, ‘Der Vulgata-Text’, p. 191, n. 33. 42 In Cummian’s Letter ‘De controversia Paschali’, ed. and trans. by Walsh and Ó Cróinín, p. 222: ‘Aus den Belegen scheint mir hervorzugehen, dass cu-d einer Vulgata folgt oder einem vulgataähnlichen Text, der hin und wieder altlateinische Lesarten bewahrt hat’. 43 Picard, ‘The Bible Used by Adomnán’, pp. 245–257. See also the study by Breen, ‘PseudoCyprian De duodecim abusivis saeculi and the Bible’, pp. 230–245. Breen’s analysis of the Bible text used in the computistical tract De ratione conputandi is not altogether satisfactory; see Walsh and Ó Cróinín, Cummian’s Letter, pp. 226–29. 44 Esposito, ‘Notes on Latin Learning’, p. 230, n. 38, had noted that the word occurs in the DDAS and DMSS.

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to support that notion that those three texts were all composed in southern Ireland in the mid- to second half of the seventh century.

Conclusion Whether Hellmann was correct to state (partially endorsed by Max Manitius)45 that there are signs of Irish authorship both in the latinity of the DDAS and in its vocabulary, is perhaps to be doubted. That said, it is believed that the balance is tipped in favour of Irish authorship by ‘the turn of thought and the form’ that Kenney believed he had detected, together with that usage of the rare word plagalis, is enough to make an Irish origin ‘obvious’. Certainly, the text was known to later Irish authors, such as the compilers of the Hibernensis in the mid-eighth century, and to Sedulius Scottus in the mid-ninth century, who used it in his own speculum principis, the Liber de rectoribus Christianis, and if we take the condemnation in the text of impudici and histrioni, and of magi, arioli, and pythonissae as referring to native Irish druids and poets and their ilk—where else were such individuals to be found in Europe in the seventh century? There appears to be an overwhelming case for arguing that the DDAS is indeed Irish. Unfortunately, on the present evidence, it would appear that the case is a cumulative one and a definitive statement of Irish origin or a precise date for its composition are still beyond our reach. That said, there can hardly be any doubt that the DDAS, the Senchas Már text, and the Audacht offer unique insights into the political thinking of Irish scholars in the seventh century,46 in both Latin and the vernacular.47

Bibliography Primary sources Adomnán of Iona, Life of Columba, trans. by Richard Sharpe (Harmondsworth: Penguin, 1995). Amrae Coluimb Chille: A Critical Edition, ed. and trans. by Jacopo Bisagni, Early Irish Text Series, 1 (Dublin: Institute for Advanced Studies, 2019). 45 Manitius, Geschichte der lateinischen Literatur des Mittelalters, i, pp. 106–107. 46 See now Conor O’Brien, ‘Political Thought in Early Irish Exegesis’. 47 I am very grateful to Immo Warntjes, Colmán Ó Clabaigh, and Michael Clarke for bibliographical assistance during the Covid crisis.

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Bede, Opera didascalica, ed. by Charles W. Jones, 3 vols, CCSL, 123A–C (Turnhout: Brepols, 1975–1980). Binchy, D. A., ed. and trans., ‘Bretha Crólige’, Ériu, 12 (1934), 1–138. Binchy, D. A., ed., Corpus Iuris Hibernici, 6 vols (Dublin: Institute for Advanced Studies, 1978). Cummian, De controversia Paschali, ed. and trans. by Maura Walsh and Dáibhí Ó Cróinín, Cummian’s Letter ‘De controversia Paschali’, together with a related Irish Computistical Tract ‘De ratione conputandi’, Studies and Texts, 86 (Toronto: Pontifical Institute for Mediaeval Studies, 1988). Flechner, Roy, ed. and trans., The Hibernensis, 2 vols, Studies in Medieval and Early Modern Canon Law (Washington, DC: Catholic University of America Press, 2019). Hancock, W. N. and others, eds and trans., Ancient Laws of Ireland, 6 vols (Dublin: Longman, Green 1865–1901). Kelly, Fergus, ed. and trans., Audacht Morainn (Dublin: Institute for Advanced Studies, 1976; repr. 2010). Ireland, Colin, ed., Old Irish Wisdom Attributed to Aldfrith of Northumbria: An Edition of Bríathra Flainn Fhína maic Ossu, Medieval and Renaissance Texts and Studies, 205 (Tempe, AZ: Centre for Medieval and Renaissance Studies, 1999). Liber de ordine creaturarum: un anónimo irlandés del siglo vii, ed. and trans. by Manuel C. Díaz y Díaz (Santiago de Compostela: Universidad de Santiago e Compostela, 1972). Meyer, Kuno, ed. and trans., The Instructions of King Cormac Mac Airt [= Tecosca Cormaic], RIA Todd Lecture Ser., 15 (Dublin: Royal Irish Academy, 1909). Meyer, Kuno, ed. and trans., The Triads of Ireland, RIA Todd Lecture Ser., 13 (Dublin: Hodges, Figgis and Co., 1906).

Secondary sources Anton, Hans Hubert, ‘Pseudo-Cyprian De duodecim abusiuis saeculi und sein Einfluss auf dem Kontinent, insbesondere auf die karolingischen Fürstenspiegel’, in Die Iren und Europa im früheren Mittelalter, ed. by Heinz Löwe, 2 vols (Stuttgart: Klett-Cotta, 1982), ii, pp. 568 –617. Binchy, D. A., ed., Studies in Early Irish Law (Dublin: Royal Irish Academy, 1936). Breatnach, Liam, The Early Irish Law Text ‘Senchas Már’ and the Question of its Date, E. C. Quiggin Memorial Lecture, 13 (Cambridge: Department of Anglo-Saxon, Norse, and Celtic, 2011). Breen, Aidan, ‘Pseudo-Cyprian De duodecim abusivis saeculi and the Bible’, in Ireland and Europe in the Early Middle Ages: Texts and Transmissions / Irland und Europa im früheren Mittelalter: Texte und Überlieferung, ed. by Próinséas Ní Chatháin and Michael Richter (Dublin: Four Courts, 2007), pp. 245–257.

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Browne, Martin and Colmán Ó Clabaigh, OSB, eds, The Irish Benedictines: A History (Dublin: Mercier, 2005). Byrne, Francis John, Irish Kings and High-Kings, 2nd edn (Dublin: Four Courts, 2001). Byrne, Francis John, ‘Tribes and Tribalism in Early Ireland’, Ériu, 22 (1971), 128–166. Carey, John, A Single Ray of the Sun: Religious Speculation in Early Ireland (Aberystwyth: Celtic Studies Publications, 1999). Castaldi, Lucia, ‘La trasmissione e rielaborazione dell’esegesi patristica nella letteratura ibernica delle origini’, in L’irlanda e gli irlandesi nell’alto medioevo’, Settimane di Studio della Fondazione Centro Italiano di Studi sull’Alto Medioevo, 57 (2010), 393–428. Charles-Edwards, T. M., ‘Jacopo Bisagni’s Amrae Choluimb Cille’, Peritia, 32 (2021), 263–289. Charles-Edwards, T. M., ‘Early Irish Law’, in New History of Ireland, Vol. 1: Prehistoric and Early Ireland, ed. by D. Ó Cróinín (Oxford: Oxford University Press, 2005), pp. 331–370. Charles-Edwards, T. M., ‘Early Irish Law, St Patrick, and the Date of the Senchas Már’, Ériu, 71 (2021), 19-59. Coccia, Edmundo Coccia, ‘La cultura irlandese precarolingia: miracolo o mito?’, Studi Medievali, 3rd ser., 8 (1967), 257–420. Cordoliani, Alfred, ‘Le texte de la Bible en Irlande du ve au ixe siècle: Étude sur les manuscrits’, Revue Biblique, 57 (1950), 5–39. Dillon, Myles, ‘The Relationship of Mother and Son, of Father and Daughter, and the Law of Inheritance with Regard to Women’, in Studies in Early Irish Law, ed. by Rudolf Thurneysen, Nancy Power, and Myles Dillon (Dublin: Hodges Figgis, 1936), pp. 129–179. Duhem, Pierre, Le système du monde: histoire des doctrines cosmologiques de Platon à Copernic, 10 vols (Paris: Hermann, 1913–1959). Esposito, Mario, ‘Notes on Latin Learning and Literature in Medieval Ireland, iii, i: Pseudo-Patriciana’ (cont’d), Hermathena, 23.48 (1933), 221–249; repr. in Mario Esposito, Latin Learning in Medieval Ireland, ed. by Michael Lapidge, Variorum Reprints (London: Variorum, 1988), pt 3. Fischer, Bonifatius, ‘Der Vulgata-Text des Neuen Testamentes’, Zeitschrift für die Neutestamentliche Wissenschaft und die Kunde der Älteren Kirche, 46, no. Jahresband (1955), 178–196. Gorman, Michael, ‘The Myth of Hiberno-Latin Exegesis’, Revue Bénédictine, 110.1 (2000), 42–85. Gorman, Michael, ‘Patristic and Pseudo-Patristic Citations in the Collectio Hibernensis’, Revue Bénédictine, 121.1 (2011), 18–92. Grosjean, Paul. ‘Sur quelques exégètes irlandais du viie siècle’, Sacris Erudiri, 7 (1955), 67–98.

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Henry, P. L. review of Kelly, ed. and trans., Audacht Morainn, in Studia Hibernica, 17/18 (1977/1978), 203–210. Jaski, Bart, ‘Druim Cett revisited’, Peritia, 12 (1998), 340–350. Kelly, Fergus, A Guide to Early Irish Law (Dublin: Institute for Advanced Studies, 1988). Kelly, Fergus, ‘Texts and Transmissions: The Law Texts’, in Ireland and Europe in the Early Middle Ages: Texts and Transmissions / Irland und Europa im früheren Mittelalter: Texte und Überlieferung, ed. by Próinséas Ní Chatháin and Michael Richter (Dublin: Four Courts, 2007), pp. 231–242. Kenney, James F., Sources for the Early History of Ireland 1: Ecclesiastical (New York: Columbia University Press, 1929; repr. Dublin: Four Courts, 1993). Lapidge, Michael and Richard Sharpe, A Bibliography of Celtic-Latin literature 400–1200. Royal Irish Academy Dictionary of Medieval Latin Ancillary Publications, 1 (Dublin: Royal Irish Academy, 1985). Law, Vivien, The Insular Latin Grammarians, Studies in Celtic History, 3 (Woodbridge: Boydell, 1982). Manitius, Max, Geschichte der lateinischen Literatur des Mittelalters, 3 vols (Münich: Beck, 1911–1933). Meckler, Michael, ‘The Annals of Ulster and the Date of the Meeting at Druim Cett’, Peritia, 11 (1997), 44–52. Ní Chatháin, Próinséas and Michael Richter, eds, Ireland and Christendom: The Bible and Missions / Irland und das Christentum: Bibeltext und Mission (Stuttgart: Klett-Cotta, 1987). O’Brien, Conor, ‘Political Thought in Early Irish Exegesis’, Peritia, 32 (2021), 197–212. Ó Corráin, Donnchadh, Clauis litterarum Hibernensium. Medieval Irish Books and Texts (c. 400–c. 1600), 3 vols (Turnhout: Brepols, 2017). Ó Corráin, Donnchadh, ‘Irish Law and Canon Law’, in Irland und Europa / Ireland and Europe: Die Kirche im Frühmittelalter / The Early Church, ed. by Próinséas Ní Chatháin and Michael Richter (Stuttgart: Klett-Cotta, 1984), pp. 157–166. Ó Cróinín, Dáibhí, ‘Bischoff’s “Wendepunkte” Fifty Years On’, Revue Bénédictine, 110.2 (2000), 204–237. Ó Cróinín, Dáibhí, ‘Early Irish Annals from Easter Tables: A Case Restated’, Peritia, 2 (1983), 74–86; repr. in Ó Cróinín, Early Irish History and Chronology. Ó Cróinín, Dáibhí, Early Irish History and Chronology (Dublin: Four Courts, 2003). Ó Cróinín, Dáibhí, Early Medieval Ireland, 400–1200, 2nd rev. edn (London: Routledge, 2017). Ó Cróinín, Dáibhí, ‘Hiberno-Latin Literature to 1169’, in A New History of Ireland, 1: Prehistoric and Early Ireland, ed. by Dáibhí Ó Cróinín (Oxford: Oxford University Press, 2005), pp. 371–404.

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Ó Cróinín, Dáibhí, ‘“New Heresy for Old”: Pelagianism in Ireland and the Papal Letter of 640’, Speculum, 60 (1985), 505–516; repr. in Ó Cróinín, Early Irish History and Chronology, pp. 87–98. Ó Cróinín, Dáibhí, ‘A Tale of Two Rules: Columbanus and Benedict’, in Martin Browne and Colmán Ó Clabaigh, OSB, eds, The Irish Benedictines: A History (Dublin: Mercier, 2005), pp. 11–24. Ó Maidín, Uinseann, The Celtic Monk: Rules and Writings of Early Irish Monks (Kalamazoo: Cistercian Publications, 1996). Picard, Jean-Michel, ‘The Bible Used by Adomnán’, in Ireland and Christendom: The Bible and Missions / Irland und das Christentum: Bibeltext und Mission, ed. by Ní Chatháin and Richter (Stuttgart: Klett-Cotta, 1987), pp. 245–257. Reeves, William, ‘On Augustin [sic], an Irish Writer of the Seventh Century’, Proceedings of the Royal Irish Academy, 7 (1861), 514–522. Ryan, John, Irish Monasticism, Origins and Early Development (Dublin: Longmans 1931; repr. 1993). Smith, Roland M. ‘The Speculum Principum in Early Irish Literature’, Speculum, 2 (1927), 411–445. Smyth, Marina, ‘The Date and Origin of Liber de ordine creaturarum’, Peritia, 17–18 (2003–2004), 1–39. Smyth, Marina, ‘Isidore of Seville and Early Irish Cosmology’, Cambridge Medieval Celtic Studies, 14 (Winter 1987), 69–102. Smyth, Marina, ‘Monastic Culture in Seventh-Century Ireland’, Eolas: Journal of the American Society of Irish Medieval Studies, 12 (2019), 64–101. Smyth, Marina, ‘The Seventh-Century Hiberno-Latin Treatise Liber de ordine creaturarum: A Translation’, Journal of Medieval Latin, 21 (2011), 137–222. Thurneysen, Rudolf, ‘Die falschen Urteilssprüche Caratnias = Aus dem irischen Recht III’, Zeitschrift für Celtische Philologie, 15 (1925), 302–376. Warntjes, Immo, The Munich Computus: Irish Computistics between Isidore of Seville and the Venerable Bede, Sudhoffs Archiv, 59 (Stuttgart: Franz Steiner, 2010). Watkins, Calvert, ‘Is tre fhír flathemon: Marginalia to Audacht Morainn’, Ériu, 30 (1979), 181–198.

About the author Dáibhí Ó Cróinín lectured at the National University of Ireland, Galway (formerly UCG) from 1980 until his retirement in 2019. He has published widely on early medieval Ireland. He is chief editor of Peritia: Journal of the Medieval Academy of Ireland and a member of the Royal Irish Academy.

3

‘Each in the Calling to Which They are Called’ Images of Authority in the De XII abusiuis saeculi Stephen J. Joyce

Abstract: This chapter examines the images of authority in the De XII abusiuis saeculi. It investigates how the treatise merged both hierarchical or vertical relationships with consensus or horizontal relationships between the orders. I argue that its author drew on scripture and Pauline ideas of justice to emphasize a sophisticated model balancing personal responsibility with the need for public correction. This model of authority potentially points to the influence of the Rule of Basil and may represent a profound change in the structuring of authority in seventh-century Ireland. Keywords: social hierarchy, scripture, early medieval Ireland, Paul of Tarsus, Basil of Caesarea, Isidore of Seville

The De XII abusiuis saeculi, or On the Twelve Abuses of the Age, is a treatise from seventh-century Ireland predominately concerned with the orders of society and the proper roles of those orders within society.1 Its author formulates twelve abusive expressions or abusiua to identify behaviour that undermines the Christian message.2 In doing so, the treatise connects 1 I wish to thank all the co-authors of this volume for their comments and suggestions on the formulations in this chapter. The edition of DDAS used here is that of Breen, ‘Towards a Critical Edition’, pp. 329–432, corrected where necessary and supplemented by that of Hellmann. The Latin cited from Breen’s edition of DDAS will be laid out to emphasize the rhyming nature of the prose. On this and dating, see chap. 1. Translations relate to the edition published in this volume, pp. 325–351. 2 On the potential connection of the abusiua in DDAS with the twelve vices of language outlined by the fifth-century grammarian, Donatus, see chap. 1. See also below, n. 25.

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch03

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abusiua to abuses of God’s Law and of the divine calling of different groups within society. Failure to avoid these abuses will result in the suffocation of justice and the damnation of an entire Christian society, without recourse to a defence before the divine judge.3 The treatise outlines the orders in twelve distinct categories, appearing to move from six categories of the individual—the scholar, the old, the young, the wealthy, the female, and the aristocrat—to six more ‘public’ categories—the Christian, the poor, the king, the bishop, the common folk, and the people as a whole.4 The rhetoric is powerfully shaped by appreciation for antithesis, pairing a positive role with the lack of a required virtue or the presence of a destructive vice.5 The treatise subsequently unpacks the adverse impacts of the select examples, followed by the benefits to society if virtuous behaviour is embraced and wrong behaviour is rejected. This style—whereby antithesis introduces negative criticism followed by positive example—is much favoured in an insular context. Indeed, one of the earliest surviving medieval ‘mirror for princes’, that of Gildas’s De excidio Britanniae (dated variously 479–550) and critical of the behaviour of kings and clerics, adopts similarly antithetical criticism followed by positive example.6 It may 3 DDAS, Prologus, ed. Breen, p. 332 (ed. Hellmann, p. 32): ‘Haec sunt duodecim abusiva saeculi per quae saeculi rota, si in illo fuerit [fuerint Hellmann], decipitur, et ad tartari tenebras nullo impediente iustitiae suffragio per iustum Dei iudicium rotatur’ [These are the twelve abuses of the age through which the wheel of the age, if one is within it, is deceived and without any impeding support of justice, is propelled into the darkness of hell through the just judgement of God]. This statement notably bypasses any form of divine trial. 4 DDAS, Prologus, ed. Breen, p. 332 (ed. Hellmann, p. 32): ‘Sapiens sine operibus bonis [bonis om. Hellmann], senex sine religione, adolescens sine oboedientia, dives sine elemosyna, femina sine pudicitia, dominus sine virtute, Christianus contentiosus, pauper superbus, rex iniquus, episcopus neglegens, plebs sine disciplina, populus sine lege’. On the subtle shift from individual roles to more ‘public’ roles, see Breen, ‘Towards a Critical Edition’, pp. 5–6; Grigg, ‘The Just King’, p. 30, n. 6; Meeder, The Irish Scholarly Presence at St. Gall, p. 66. 5 For rhetorical tropes in early medieval Irish literature, including end-rhyme and the use of antithesis, see Sims-Williams, ‘Thought, Word, and Deed’; McNally, ‘“In Nomine Dei Summi”’. 6 A relevant example being Gildas’s introductions to his criticisms of kings and clerics. See Gildas, De excidio Britonum, in Gildas, ed. and trans. Winterbottom, p. 99: ‘Reges habet Britannia, sed tyrannos’ [Britain has kings, but they are tyrants]; p. 118: ‘Sacerdotes habet Britannia, sed insipientes’ [Britain has priests, but they are fools]. The opening sections of antithesis are subsequently followed up with biblical exemplars of bad and good kingly and clerical behaviour. Winterbottom’s use of the title De excidio Britonum will be set aside in this chapter for the more commonly used title, De excidio Britanniae. A connection between Gildas and DDAS is also made in Mews, ‘The De XII Abusivis Saeculi’. Snyder, The Britons, p. 123, notes various scholarly positions on the dating of De excidio Britanniae in a useful table: David Dumville (c. 550); Michael Lapidge (pre-500); Thomas O’Sullivan (c. 515–520); Michael Herren and Shirley Anne Brown (c. 500); Nicholas Higham (c. 479–484); and Michael Jones (post-500). Grigg, ‘The Just King’, p. 31, notes the De excidio Britanniae as the earliest example of clerical interest in kingly behaviour

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well be useful to regard DDAS as a broader ‘mirror for society’, although structured in a more systematic fashion. The shift within the list from individual to public responsibility lends itself to interpreting these categories in a hierarchical sense, from the lowest form of authority (potentially inspired by a modesty trope, the ‘lazy scholar’) to the highest, that of kings and bishops, with the f inal category being that of the whole people, under authority of the law.7 What limited attention DDAS has received in a wider context has been focussed on its approaches to public off ice, specif ically on its attitudes to kings and, occasionally, their relationship with bishops.8 This chapter will examine the way in which DDAS tackles authority as a whole. It will f irst look at the hierarchical structuring, or ‘vertical authority’, as projected by the numerical ordering of the abuses. Subsequently, it will look at the ways in which the treatise also projects equality or ‘horizontal authority’ through biblical precedents. In examining the author’s use of scripture, and particularly the Pauline phrase, repeated twice in i Cor. 7. 20 and 24, unusquisque in qua vocatione [7. 24 in quo] vocatus est (‘each in the calling to which they are called’), I note the signif icance of naming as both a linguistic device and a divine calling, and the impact this has on understanding representations of authority in the model of society described in DDAS.9 In unpacking the tension between equality before God’s justice, as advocated by Paul, and the pragmatic need for discipline to cohere a just Christian society, I argue that the author of DDAS, while proposing a hierarchical structure for society maintained by the sacral orders of kings and bishops, also left a signif icant space for the importance of personal responsibility in developing and maintaining a just society. in an insular context. I argue in The Legacy of Gildas that De excidio Britanniae is possibly the earliest surviving medieval ‘mirror for princes’ in the Latin West, offering a date of 483–485. 7 Indeed, the list of abuses is sometimes the only aspect of DDAS written down in the manuscript tradition. Some of the earliest manuscripts refer only to the categories, sometimes in a slightly amended form, but always in the same order. This implies that meaning was attached to the list of categories and their relationship to each other. Later redactions, particularly those in the vernacular, sometimes experiment with the ordering of the abuses. On this, see Mews and Joyce, chap. 1, p. 60. 8 Grigg, ‘The Just King’, tackles kingship and touches on the relationship between kings and bishops. Similarly, Meens, ‘Politics, Mirrors of Princes and the Bible’, tackles kingship; Clayton, De Duodecim Abusivis, following Anton, ‘Pseudo-Cyprian’, expands the discussion to include both the king and the lord (dominus). A notable exception is Mews, ‘The De XII Abusivis Saeculi’, who tackles the work as a whole. 9 See below, pp. 101–104, for more detail.

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Language, law, and behaviour in DDAS As discussed in the opening chapter, perhaps the most influential contribution of DDAS is linguistic. Its connecting of abusive expressions (abusiua) to abusive behaviour has profoundly shaped the evolution of the term ‘abuse’, from classical and patristic usages relating purely to abuses of language to a modern sense of abuse as referring to both language and behaviour.10 This profound contribution points to the literary innovations within the text, and the deep links made between language, law, and expected behaviour in a Christian context. The power of language in DDAS is exemplified by a series of over-arching designs. The treatise is written in end-rhyme or rhyming prose, reflecting a Latin rhetorical prose style much used by the Church Father Cyprian (d. c. 258), and subsequently by authorities such as Isidore of Seville (d. c. 636).11 Rhyming prose is an effective linguistic tool in memorizing texts as well as a rhetorical leitmotif supporting the power of the spoken word in a performative sense, one that transcends the ability to read and write as a requisite to accessing instructive texts. A further function of memorizing a text that sets out to distinguish words and a ‘divine etymology’ is to enhance the grammatical and rhetorical understanding of the learner, particularly from the perspective of vocabulary, nuancing an understanding of the divine logos.12 The idea underpinning DDAS is that scripture—the manifestation of the Word of God as described in the opening of John’s Gospel—connects law to language and behaviour, and a divine etymology whereby naming relates to the divine calling and one’s role in the Christian cosmos.13 This is reflected in a ritual sense in the fundamental rite of baptism, itself a form of divine naming. Reverence for the spoken word appears to have had particular resonance in Ireland, where oral traditions of learning were still paramount, and a formal writing system perhaps only introduced with Christianity.14 10 On this, see chap. 1, pp. 38–39. 11 See chap. 1, pp. 36–37. 12 The author of DDAS sometimes uses rare Latin words and phrasings: for example, stolidius in DDAS, 2 and 8, ed. Breen, pp. 340, 392 (ed. Hellmann, pp. 34, 49) and tussis cachinnat in DDAS, 2, ed. Breen, p. 340 (ed. Hellmann, p. 35). 13 John 1. 1: ‘In principio erat Verbum, et Verbum erat apud Deum, et Deus erat Verbum’ [In the beginning was the Word, and the Word was with God, and the Word was God]. This chapter uses the Douay-Rheims translation of the Vulgate unless otherwise stated. 14 For recent work on the impact of Christianization on literacy in an Irish context, see Johnson, ‘Literacy and Conversion’, Harvey, ‘Languages and Literacy’, and Stansbury, ‘Conversion and the Origin of Irish Script’.

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The abuses that will inevitably lead to damnation move from that of a wise man without good works, to an old man without religion, to a youth without obedience. Subsequently, the treatise examines a rich man without almsgiving, a woman without modesty, and a lord without moral strength. Moving to a more ‘public’ setting, the treatise criticizes a contentious Christian, a proud pauper, and an unjust king. Finally, it settles on a negligent bishop, common folk without discipline, and a people without law.15 A combination of these undesirable societal traits will suffocate justice and lead a Christian society to hell.16 Abusive expressions relate to abusive behaviour within a divinely guided community, undermining the divine concord that should prevail between Christ and His people.

Horizontal and vertical authority Hierarchical understandings of status in society have led to the conception of vertical authority as a coercive shaper of cultural expression. In Christian tradition, vertical relations have often been expressed as the virtue of obedience, where traditions are ‘dictated’ or passed on without debate. In contrast, advocates for consensus as a modifier of cultural expression have looked beyond compulsion to horizontal relations built on trust and mutual obligations. In Christian tradition, horizontal authority has often been expressed through communal bonds represented by the virtue of love. These contrary approaches and the ways in which they come together to form more complex systems of authority can be useful in unpacking specific strategies. Grand narratives invoking both horizontal and vertical hierarchies have been utilized to chart the transition from Roman imperial authority to the emergence of sacral kingship. Peter Brown suggests a specifically Irish influence on the transition from Roman imperial forms of vertical authority (as represented by systems of punishment, specifically public penance) to ‘non-Roman’ forms of horizontal authority (as represented by systems of rehabilitation, specifically private penance).17 Similarly, in an ascetic context, fourth- and fifth-century views of horizontal authority relating to ‘solidarity with the community’, as represented in an episcopal context 15 For the Latin, see n. 4, above. 16 For the Latin, see n. 3, above. 17 Brown, ‘Vers la naissance du Purgatoire’. This ‘grand narrative’ is critiqued in De Jong, ‘Transformations of Penance’, pp. 188–189.

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by Augustine of Hippo and Basil of Caesarea, have been set against John Cassian’s ‘quasi-military’ forms of obedience in a master/disciple monastic setting, an inspiration for the subsequent Rule of the Master.18 Indeed, Benedict of Nursia’s influential sixth-century monastic rule is often seen as merging these twin, yet seemingly opposing, aspects of authority.19 In an insular setting, Benedicta Ward notes the attempts of the lives of the seventh-century Northumbrian abbot and bishop, Cuthbert, to merge the horizontal aspects of his humanity, as relating to others, with the vertical aspect as defined by his relationship with God.20 Niels Hvidt, in teasing out the differences between clerical and prophetic authority, nuances this schema by relating vertical authority to charisma and horizontal authority to institutions.21 These approaches can be applied to the structuring of DDAS.

Vertical authority in DDAS The numerical ordering of the abuses, which can be seen as moving from the least dangerous to the most dangerous, has inspired vertical understandings of the treatise’s approach to authority. Scholars examining the text have looked to other hierarchical forms of Christian authority as models for that projected by the treatise. Rob Meens argues that the twelve categories of abuse echo those of the twelve steps of humility as formulated in the sixthcentury monastic texts, the Rule of the Master and the Rule of Benedict.22 Here he was following Aidan Breen, who, taking up a suggestion by Siegmund Hellmann, had connected the twelve abuses to the twelve steps of Jacob’s Ladder (as in Genesis 28. 11).23 Constant Mews has suggested a different perspective in positing parallels between DDAS and the twelve modes of forgiveness detailed in the penitential ascribed to the notable seventhcentury Irish scholar, Cummian (d. c. 661).24 There is also something to be said for a parallel to Donatus’s identification of twelve vices of language

18 Markus, The End of Ancient Christianity, pp. 163–164. 19 de Vogüé, Community and Abbot in the Rule of St. Benedict, notes Benedict’s merging of the Rule of the Master with Basil’s rule to move away from the master/disciple relationship to a more fraternal community. 20 Ward, ‘The Spirituality of St Cuthbert’, p. 65. 21 Hvidt, ‘Prophecy and Revelation’, pp. 156–158. 22 Meens, ‘Politics, Mirrors of Princes and the Bible’, p. 349. 23 Breen, ‘Towards a Critical Edition’, pp. 96–97, following Hellmann, p. 32. 24 Mews, ‘The De XII Abusivis Saeculi’, pp. 139–143.

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in his Ars grammatica, dated to the mid-fourth century.25 However, these connections appear subtle and none persuade completely. The same can be said for the patterning of the abuses themselves: Mews has offered an attractive structuring based on five couplets—age, gender, social class, political power, and ecclesiastical role—bookended by a wise man without good works and a people without law to create seven stages:26 (1) A wise man without good works (2) An old man without religion (3) A youth without obedience (4) A rich man without almsgiving (5) A woman without modesty (6) A lord without moral strength (7) A contentious Christian (8) A proud pauper (9) An unjust king (10) A negligent bishop (11) Common folk without discipline (12) A people without law

Another way is to identify them directly as six couplets, perhaps relating to the six saecula or ages of the world, as alluded to by similar introductions, for example Chapters 11 and 12: plebs sine disciplina, quae dum disciplinae exercitationibus non seruit, communi se perditionis laqueo constringit. [the common folk without discipline, who, while not keeping the practices of discipline, entraps itself in the common snare of perdition].27 populus sine lege, qui dum dicta et legum scita contemnit per diuersas errorum uias eundem perditionis laqueum incurrit. 25 On the possible influence of Donatus’s twelve vices of language, see chap. 1, p. 39. The vices are (in the order addressed by Donatus): barbarismus (foreign speech; perhaps the people without law); soloeocismus (incorrect grammar; perhaps common folk without discipline); acyrologia (incorrect words; perhaps the negligent bishop); cacenphaton (a crude expression; perhaps the unjust king); pleonasmos (unnecessary words; perhaps the proud pauper); perissologia (wordiness; perhaps the contentious Christian); macrologia (long-windedness; perhaps the lord without moral strength); tautologia (repetitive words; perhaps the woman without modesty); eclipsis (the omission of letters or syllables; perhaps the rich man without almsgiving); tapinosis (name-calling; perhaps the youth without obedience); cacosyntheton (misplacing of words; perhaps the old man without religion); amphibolia (ambiguous grammar; perhaps the wise man without good works). 26 Mews, ‘The De XII Abusivis Saeculi’, pp. 126–127. This structuring may invoke the Seven Spirits, the Seven Virtues, or the Seven Deadly Sins, among many others. 27 DDAS, 11, ed. Breen, pp. 418, 420 (ed. Hellmann, p. 57). Emphasis is mine.

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[a people without law, which while it despises the words and ordinances of laws, runs through different paths of errors into the same snare of perdition].28

In this case, the first pairing—a wise man without good works and an old man without religion—may refer to important debates over the need for both works and faith in religious observance, with subsequent pairings relating to established (and intimate) societal relationships, perhaps also alluding to biblical exemplars such as the Prodigal Son, David and Bathsheba, and Saul and Samuel: (1) A wise man without good works (3) A youth without obedience (5) A woman without modesty (7) A contentious Christian (9) An unjust king (11) Common folk without discipline

(2) An old man without religion (4) A rich man without almsgiving (6) A lord without moral strength (8) A proud pauper (10) A negligent bishop (12) A people without law

However, obvious pairings, such as those of the rich man and the pauper are not accounted for in either scheme. Perhaps a better model, as combining the patterns presented above, is one that calls on the image of the saeculi rota or the ‘wheel of the age’, as mentioned in the prologue (Figure 3.1). In this proposed model, the twelve categories allude to the twelve spokes of a wheel (itself evoking the divisions of time), forming a model of authority, recalling the observations of both Ward and Hvidt, that presents the orders as relating horizontally, as on the rim of the wheel, with vertical relationships, as spokes, directed toward God. For the wheel of society to move though time toward the Last Judgement, each spoke or category must look to God for support and bear its own weight in turn; broken spokes, as represented by DDAS, condemn a society to never completing the divine journey. However, this is just a suggestion. The numerical and organizational patterns in DDAS are subtle and multivalent, perhaps intentionally so, and it is hard to propose a decisive pattern without a more intimate understanding of the treatise’s immediate context. This subtlety can be seen, to some extent, with the positioning of the first abuse, that of the wise man without good works. While it is clearly a modesty topos, defining the unproductive author as the first on a list of ‘least worthies’, it also alludes to scripture. In the aftermath of the Sermon on the Mount as narrated in Matthew 5. 19, Christ clearly lays out that those who teach without 28 DDAS, 12, ed. Breen, p. 426 (ed. Hellmann, pp. 58–59). Emphasis is mine.

95

‘Each in the Calling to Which They are Called’ A wise man without good works An adolescent without obedience

An old man without religion

A woman without modesty

A rich man without almsgiving

A lord without moral strength

A contentious Christian

GOD

An unjust king

A proud pauper

A negligent bishop

A people without law

Common folk without discipline

Figure 3.1: ‘The Wheel of the Age’: Relationships among the Twelve Abuses of the Age. Image by Stephen Joyce.

living out that teaching in practice will be the least in the kingdom of Heaven.29 He subsequently condemns those teachers whose virtue is no deeper than that of the scribes and Pharisees.30 This oblique opening connection between DDAS and the Sermon on the Mount may also influence the structuring of the treatise.31 Indeed, as Charles Talbert notes, the first eight beatitudes are divided 29 Matthew 5. 19: ‘Qui ergo soluerit unum de mandatis istis minimis, et docuerit sic homines, minimus uocabitur in regno caelorum: qui autem fecerit et docuerit, hic magnus uocabitur in regno caelorum’ [He therefore that shall break one of these least commandments, and shall so teach men, shall be called the least in the kingdom of heaven. But he that shall do and teach, he shall be called great in the kingdom of heaven]. This is paraphrased at the opening of DDAS, 1, ed. Breen, p. 334 (ed. Hellmann, pp. 32–33): ‘Primo, si sine operibus bonis sapiens et praedicator fuerit, qui quod sermone docet, actibus explere neglegit’ [Firstly, if a wise man and preacher is without good works, because he neglects carrying out in actions what he teaches in words]. 30 Matthew 5. 20: ‘Dico enim uobis, quia nisi abundauerit justitia uestra plus quam scribarum, et pharisaeorum, non intrabitis in regnum caelorum’ [For I tell you, that unless your justice abound more than that of the scribes and Pharisees, you shall not enter into the kingdom of heaven]. 31 DDAS refers directly to Matthew 5 in the chapters on the wise man without works (Matt. 5. 13), the rich man without almsgiving (Matt. 5. 7), and the proud pauper (Matt. 5. 3). However, there are subtle allusions to other beatitudes, such as the need for a woman to be modest or ‘pure

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into two distinct dimensions, with the first four (poor, meek, mourners, oppressed) representing vertical relations and the next four (merciful, pure, peacemakers, righteous) representing horizontal relations.32 This reading of the significance of vertical and horizontal relationships in understanding the eight beatitudes may be helpful in understanding the structuring of DDAS. A notable insular use of the eight beatitudes to criticize a group within society is that of Gildas in his letter to Finnian (d. c. 549/579). Here he targets rigorist ascetics, perhaps the followers of David of Wales (d. c. 589): Non spernentes fratres dicit dominus [pauperes] beatos esse, sed pauperes; non animosos, sed mites; neque inuidiosos, sed lugentes uel propria uel aliorum peccata; qui esuriunt et sitiunt non aquam cum ceterorum despectu, sed iustitiam; nec pro nihilo alios ducentes, sed misericordes; non qui superbo, sed mundo corde; non alis seueri, sed pacifici; non qui inferunt bella, sed qui persecutionem patiuntur propter iustitiam, habituri uidelicet regnum caelorum. [The Lord calls blessed not those who despise their brothers, but the poor; not the haughty, but the meek; not the envious, but those who mourn for their own sins and those of others; those who hunger and thirst not for water, in order to despise others, but for righteousness; not those who regard others as of no account, but the merciful; those of a pure, not a proud heart; not those who are harsh to others, but peaceable; not men who cause war, but men who endure persecution for righteousness’ sake and will surely attain the kingdom of heaven].33 of heart’. For the eight beatitudes, see Matt. 5. 3–10: ‘Beati pauperes spiritu: quoniam ipsorum est regnum caelorum. Beati mites: quoniam ipsi possidebunt terram. Beati qui lugent: quoniam ipsi consolabuntur. Beati qui esuriunt et sitiunt justitiam: quoniam ipsi saturabuntur. Beati misericordes: quoniam ipsi misericordiam consequentur. Beati mundo corde: quoniam ipsi Deum videbunt. Beati pacifici: quoniam filii Dei uocabuntur. Beati qui persecutionem patiuntur propter justitiam: quoniam ipsorum est regnum caelorum’ [Blessed are the poor in spirit: for theirs is the kingdom of heaven. Blessed are the meek: for they shall possess the land. Blessed are they that mourn: for they shall be comforted. Blessed are they that hunger and thirst after justice: for they shall have their fill. Blessed are the merciful: for they shall obtain mercy. Blessed are the clean of heart: for they shall see God. Blessed are the peacemakers: for they shall be called children of God. Blessed are they that suffer persecution for justice’s sake: for theirs is the kingdom of heaven]. 32 Talbert, Reading the Sermon on the Mount, pp. 57–58. Talbert argues for nine beatitudes, against those arguments for eight (the first eight beatitudes are in the third person, whereas the ninth is in the second person). Thus, he has four vertical relationships and five horizontal relationships. However, Gildas only appears to note eight in an early medieval insular context. 33 Epistularum Gildae deperditarum fragmenta, 3, in Gildas, ed. Winterbottom, p. 144. For the fragmenta as relating to Gildas’s letter to Finnian as mentioned by Columbanus to Pope Gregory

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While the link remains ephemeral, there was certainly enough synergy between the Sermon on the Mount and DDAS for John Wycliffe to draw intimate connections between both texts in the fourteenth century.34 A societal model that could be connected to the Sermon on the Mount and the words of Christ Himself would have enormous influence in shaping a Christian polity. Most attention to the potential hierarchical structuring of authority in DDAS has focussed on the unjust king in Chapter 9, as providing an early ‘mirror for princes’. Julianna Grigg has outlined the influence of this section on the shaping of Christian expectations for kingly behaviour.35 Chapter 9 had a significant impact on the development of medieval kingship in a continental context.36 It is perhaps in the second half of DDAS (as relating to public responsibilities) that we can see most clearly the subtlety behind the ordering of the classes: that of the trajectory from king to bishop to the plebs to the people. While Jerome had spoken broadly about the bishop or priest as being ‘chosen by the people’ (a populo electus), DDAS separates out plebs and populus, following a linguistic precision also exemplified by Isidore of Seville.37 Thus, DDAS appears to place the king under the bishop, who is himself subject to being accepted (electus est) by the plebs (common folk), with the populus (as a whole) being placed under the law.38 the Great, see Sharpe, ‘Gildas as a Father of the Church’. For the fragmenta as containing possible criticisms of the followers of David, see Dumville, Saint David of Wales. 34 John Wycliffe in his Opus evangelicum, 1.4–5, ed. Loserth, pp. 13–14; noted in Lahey, John Wyclif, p. 156. Wycliffe compares the eight beatitudes to the twelve abuses. 35 Grigg, ‘The Just King’. 36 Enright, Iona, Tara, and Soissons, pp. 79–106, charts the influence of chap. 9 of DDAS, as cited in Hibernensis, on Carolingian political thought in the eighth century. He updates his arguments in Enright, ‘On the Unity of De Regno 1–4 of the “Hibernensis”’. For a caution on linking Hibernensis/DDAS to Carolingian political thought in the eighth century, see Charles-Edwards, ‘A Contract between King and People in Early Medieval Ireland?’, p. 109, n. 9. 37 Jerome, Commentarii in Ezechielem, 10.33, ed. Glorie, pp. 468–469: ‘speculator terrae Iudaeae, uel rex potest intellegi, uel propheta; speculator autem ecclesiae, uel episcopus, uel presbyter, qui a populo electus est et, scripturarum lectione, cognoscens et praeuidens quae futura sint, annuntiet populo et corrigat delinquentem’ [It can be understood that the watchman of the lands of Judah is the king or the prophet; the watchman of the church, however, is the bishop or priest who has been chosen by the people and, knowledgeable in reading of the scriptures and aware of what will happen, announces to the people and corrects the sinner]. Isidore makes a grammatical distinction between plebs and populus in a variety of works. See, for example, Isidore, Liber differentiarum, PL, 83, 445: ‘Plebs a populo eo distat, quod populus est generalis uniuersitas ciuium cum senioribus, plebs autem pars humilis et abjecta’ [The plebs is different from the people, because the people is shared by all of the citizens including seniors, whereas the plebs are those who are lowly and abject]. 38 DDAS, 10, ed. Breen, p. 414 (ed. Hellmann, p. 55): ‘in quod Christianorum genus electum est’ [into which order of Christians he was chosen]. This draws on i Peter 2. 9: ‘Vos autem genus

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Interpreting the ‘Commons’ as being above the ‘Lords’ has something to say about the possible impact of DDAS on the evolution of modern political institutions. Picking up on the example of Isidore, a contemporary parallel to the structure found in these categories can perhaps be seen in Visigothic Spain. Rachel Stocking has outlined the development of an Iberian ideal that the survival of a kingdom was dependent on consensus. She charts—particularly from the third council of Toledo and the conversion of Visigothic elites to Catholicism in 589 to the fourth council of Toledo in 633—a system of governance where the order of the kingdom was maintained ‘through decisions reached by episcopal consensus at Church councils, whose divine authority was sanctioned by the presence and inspiration of the Holy Spirit’.39 The probity of bishops was, in turn, supported by supervision, education, and, significantly, election. 40 If Aidan Breen is correct in his assessment that DDAS was produced around the middle of the seventh century, it could be that it reflects the influence not just of Isidore of Seville, but of Iberian notions of conciliar authority. 41 This is subsequently born out in an Irish context by the creation of the highly influential canon law collection, Collectio Canonum Hibernensis, traditionally dated to after Iona’s adoption of the Roman Easter in 716, but perhaps compiled in or soon after the last decade of the seventh century. 42 Not only does it emphasize a system of law that applies to all the orders and the authority of episcopal councils in ruling on that law, but it cites DDAS in the specific context of kingship, and

electum, regale sacerdotium, gens sancta, populus acquisitionis’ [But you are a chosen generation, a kingly priesthood, a holy nation, a purchased people]. Emphasis is mine. While Jerome, above, notes episcopal approval as being by the populus as a whole, Gregory the Great does give a significant role to the plebs: ‘qui a clero et plebe electus est’. See Gregory the Great, Registrum epistularum, 5.54, ed. Norberg. The notion of a bishop being higher in authority than a king is also reflected in Irish vernacular law codes from the same period as DDAS. On the Críth Gablach, see Grigg, ‘The Just King’, p. 47, and Charles-Edwards, ‘A Contract’. 39 Stocking, Bishops, Councils, and Consensus in Visigothic Spain, pp. 3–4 40 Stocking, Bishops, Councils, and Consensus in Visigothic Spain, p. 22 41 See Breen, ‘Towards a Critical Edition’, pp. 57–60. See also, chap. 1. 42 I advocate dating Hibernensis to c. 690 in Joyce, The Legacy of Gildas, on the basis that the Hibernensis is far more concerned with the controversy over the insular tonsure than that of the insular Easter. This implies a compilation when the Easter question had been mostly resolved, but the tonsure question was still ongoing, likely the period from Armagh’s acceptance of the Roman Easter c. 688 to Iona’s acceptance of the Roman Easter and tonsure in 716. The more traditional dating of 716–747, based on the preservation of a rubric to one manuscript declaring that it had been compiled by Rubin of Dairinis (d. c. 725) and Cú Chuimne of Iona (d. c. 747), is detailed by Flechner in The Hibernensis, p. 61*.

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attributes the authorship of the treatise to episcopal authority, specifically the fifth-century apostle to Ireland, Patrick. 43

DDAS and horizontal authority While the references to kings and bishops in DDAS seem to support a hierarchical or vertical understanding of authority, it also focuses on equality within a Christian community. This is exemplified by the elucidations relating to the twelve discrete categories, whereby each individual or public role is related directly to divine judgement, without mediation from the other orders. Thus, while the vertical authority represented by the numerical ordering implies regulation, each individual category examines personal responsibility, whether individual or public, supporting a connected or horizontal understanding of authority. The first six categories appear to examine individual roles in the natural world, in a sense those roles into which one is born. By contrast, the second six categories appear to examine public roles based on a Christian view of the world and those roles into which one is baptized, or ‘named’. 44 This emphasis on naming as it relates to one’s calling in the divine cosmos, and the equality of that calling before God, is worth examining. The expectation of acting according to one’s name is laid out at key moments in DDAS, notably in the chapters directed at those with public responsibilities. The first example, linked to the naming ritual of baptism, is the contentious Christian (Chapter 7), who acts contrary to the name of Christ: qui cum participationem nominis Christi per fidem et baptismum suscipit, contra Christi dicta et propositum mundi caduca delectamenta diligit. 43 See, for example, Hibernensis, 24.4, ed. Flechner, p. 148: ‘Patricius: Iusticia uero regis iusti haec est: neminem iniuste iudicare, aduenis et uiduis et pupillis defensor esse, furta cohibere’; DDAS, 9, ed. Breen, p. 400 (ed. Hellmann, p. 51): ‘Iustitia uero regis est neminem iniuste per potentiam opprimere, sine acceptione personarum inter uirum et proximum suum iuste iudicare, aduenis et pupillis et uiduis defensor esse, furta cohibere.’ For an analysis of Chapter 9 in Hibernensis as it relates to DDAS, see Fomin, ‘Wisdom-texts from Early Christian Ireland’, pp. 166–170. Fomin notes the simpler and more direct style of the version of chap. 9 in Hibernensis, relating that of DDAS to a later Carolingian redaction. 44 In this case, ‘naming’ may take on anointing and, perhaps, public vows. Thus the ‘poor’ may relate to those who commit to the ascetic life as well as to those who are already poor, and, in a sense, named by their condition.

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[who while undertaking to share in the name of Christ through faith and baptism, yet against the sayings and way of life of Christ, loves the fleeting pleasures of this world]. 45

The second example takes in the role of both the king (Chapter 9) and the bishop (Chapter 10), as defined by the dignity of their names: qui cum iniquorum rector esse oportuit, licet in semet ipso nominis sui dignitatem non custodit. [who when he ought to be the ruler for the unjust, yet in himself does not keep the dignity of his name]. 46 Primum namque ab episcopo quid sui nominis dignitas tenet inquiratur, quoniam episcopus cum nomen Grecum sit, speculator interpretatur. [Therefore, let it first be asked of the bishop what the dignity of his name signifies, since episcopus is a Greek name meaning watchman]. 47

The relationship of one’s name as it relates to one’s calling is laid out in the section aimed at the common folk (Chapter 11): Tunica ergo corporis Christi disciplina ecclesiae est; qui autem extra disciplinam est alienus est a corpore Christi. Non scindamus igitur illam, sed sortiamur de illa, id est, non soluamus quicquam de mandatis Christi sed unusquisque in quo uocatus est in eo permaneat apud Deum. [The discipline of the Church is therefore the garment of the body of Christ; he, however, who is outside that discipline is alien to the body of Christ. Let us not therefore rend that garment, but let us cast lots for it, that is to say let us not break any of the Lord’s commandments, but let each remain with God in that to which he has been called]. 48

45 46 47 48

DDAS, 7, ed. Breen, p. 382 (ed. Hellmann, p. 46). DDAS, 9, ed. Breen, p. 400 (ed. Hellmann, p. 51: Quem cum iniquorum correctorem). DDAS, 10, ed. Breen, p. 410 (ed. Hellmann, p. 53). DDAS, 11, ed. Breen, p. 424 (ed. Hellmann, p. 58).

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This passage draws together biblical phrases from several passages in the New Testament: John 19. 24 (the image of Christ’s undivided tunic); Matthew 5. 19 from the Sermon on the Mount (equating attitudes to God’s law with how one will be called); and a fusion of i Corinthians 7. 20 and 24 (emphasizing the importance of remaining in one’s calling). 49 The biblical image from John 19. 24 is combined with the image of Christ’s tunic as representing the unity of the Church, as detailed by the Church Father, Cyprian.50 The impact is to stress that maintaining one’s Christian role in a Christian society (as given) equates to unity under God, and that to move outside one’s given role in a Christian society without agreement (via the casting of lots) is to choose excommunication. This emphasis on remaining true to one’s calling picks up on a Pauline theme of particular value to Basil (d. c. 379), who refers to i Cor. 7. 20/24 on three occasions in his Asceticon, known through the Latin translation as the Rule of Basil.51 One would think this Pauline phrase about each individual 49 John 19. 23–24: ‘Milites ergo cum crucifixissent eum, acceperunt uestimenta ejus (et fecerunt quatuor partes, unicuique militi partem) et tunicam. Erat autem tunica inconsutilis, desuper contexta per totum. Dixerunt ergo ad inuicem: Non scindamus eam, sed sortiamur de illa cuius sit. Vt Scriptura impleretur, dicens: Partiti sunt uestimenta mea sibi: et in uestem meam miserunt sortem. Et milites quidem haec fecerunt’ [The soldiers therefore, when they had crucified him, took his garments, (and they made four parts, to every soldier a part,) and also his coat. Now the coat was without seam, woven from the top throughout. They said then one to another: Let us not cut it, but let us cast lots for it, whose it shall be; that the scripture might be fulfilled, saying: They have parted my garments among them, and upon my vesture they have cast lots. And the soldiers indeed did these things]; Matthew 5. 19: ‘Qui ergo soluerit unum de mandatis istis minimis, et docuerit sic homines, minimus uocabitur in regno caelorum’ [He therefore that shall break one of these least commandments, and shall so teach men, shall be called the least in the kingdom of heaven]; i Cor. 7. 20: ‘Unusquisque in qua uocatione uocatus est, in ea permaneat’ [Let every man abide in the same calling in which he was called]; i Cor. 7. 24: ‘Unusquisque in quo uocatus est, fratres, in hoc permaneat apud Deum’ [Brethren, let every man, wherein he was called, therein abide with God]. 50 Cyprian, De ecclesiae unitate, ed. Bévenot, p. 8: ‘Quis ergo sic sceleratus et perfidus, quis sic discordiae furore uesanus, ut aut credat scindi posse aut audeat scindere unitatem Dei, uestem domini, ecclesiam Christi?’ [Who therefore is so wicked and untrustworthy, so frenzied in the rage of discord, that he either believes he can rend or dares to rend the unity of God, the robe of the Lord, the Church of Christ?] 51 The Rule of Saint Basil in Latin and English, 98, ed. and trans. Silvas, pp. 188–189: ‘Si quis autem praeter illius uoluntatem facere hoc praesumit, tamquam inquietus et indisciplinatus confundatur usquequo discat loci sui ordinem custodire secundum quod apostolus dixit Unusquisque in quo uocatus est in eo permaneat’ [But if anyone else presumes to do so without his approval, let him be rebuked as restless and undisciplined, until he learns to keep to the order of his place, as the Apostle said: Let each remain in that wherein he was called]; 101, pp. 190–191: ‘Praeter illum cui creditum est requirere operantes, id est ad quem opus pertinet dispensationis, si quis inuentus fuerit hoc faciens tamquam interturbans disciplinam et ordinem fratrum a communi conuentu

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maintaining their calling or role within society might be common in the patristic writings. In fact, apart from Basil, only Jerome, Augustine, and Caesarius of Arles (following Jerome) mention it, and then only occasionally. Jerome contextualized the Pauline phrase as directly relating to the theme of marriage as emphasized in that section of the letter to the Corinthians. In his Adversus Iovinianum, he applied Paul’s emphasis on remaining in one’s calling to his criticisms of the heretic Jovinian for stressing properly married Christians as equal in the eyes of God to those ascetics who renounced marriage. Here, Jerome argued that Paul’s references [Col. 3. 11] to Christ transcending divisions between circumcised and uncircumcised and slave and free needed to be interpreted in a way that acknowledged that those free from the ‘bondage’ of marriage were able to serve God more truly.52 Augustine, on the other hand, in entering the debate over the conflict between the apostles Peter and Paul recorded in Galatians 2. 11–14, utilized this section of Corinthians to emphasize that local customs (in a sense, local ‘callings’) whose observance did not conflict with God’s Law need not be a cause for disunity.53 excludatur et omnino etiam a licitis progressibus inhibeatur…. usquequo discat implere hoc quod apostolus dixit Unusquisque in quo uocatus est in eo permaneat’ [Except for the one entrusted with overseeing the workers, that is, to whom belongs the task of distribution, let anyone else found doing this be excluded from the common gathering and wholly checked even from permitted exits… until he learns to fulfil what the Apostle said: Let each remain in that wherein he was called]; 186, pp. 270–271: ‘Qui utique cum omni prouidentia et cautela huiuscemodi dispensationem debet implere, ut possit unusquisque in eo quo uocatus est permanere’ [He at any rate ought to fulfil this kind of stewardship with all forethought and caution, so that each can abide in that wherein he was called]. In an insular context, the Rule of Basil had significant influence on Poenitentale Ambrosianum, a sixth-century British penitential influential on Cummian and perhaps authored by David of Wales. See Mews and Joyce, ‘The Preface of Gildas’. 52 Jerome, Aduersus Iovinianum, 1.11, PL, 23, 235: ‘Restat igitur, ut circumcisio et praeputium, servus et liber, superiori sensui coaptentur, et de antecedentibus pendeant. … porro qui uxorem non habens, credidit, et liber a servitute coniugii vocatus est a domino, ille uere servus est Christi.’ [It remains therefore, that ‘circumcision and non-circumcision’, ‘bond and free’ should be adapted to a higher meaning and be related to what went before. … Moreover, he who when called by the Lord does not have a wife and is free from the bondage of wedlock, he is truly Christ’s servant]. 53 Augustine, Commentary on Galatians, 15, ed. Plumer, pp. 142–143: ‘In nulla ergo simulatione Paulus lapsus erat, quia seruabat ubique, quod congruere uidebat, siue ecclesiis gentium siue Iudaeorum, ut nusquam auferret consuetudinem, quae seruata non impediebat ad obtinendum regnum dei, tantum admonens, ne quis in superfluis poneret spem salutis, etiam si consuetudinem in eis propter offensionem infirmorum custodire uellet. Sicut ad Corinthios dicit…’ [The fact that Paul observed what were regarded as the accepted practices in all circumstances, whether dealing with Gentile or Jewish churches, does not mean that he had fallen into hypocrisy. Rather, his aim was to avoid detracting from any local custom whose observance did not hinder the attainment of the kingdom of God. He merely warned against placing one’s hope for salvation

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In an insular context, Augustine’s interpretation was emulated by the Irish peregrinus, Columbanus, who emphasized this position in his arguments with Gallic bishops over the correct calculation of the lunar festival of Easter, writing c. 600: Far be it then that I should maintain the need to quarrel with you, so that a conflict among us Christians should rejoice our enemies, I mean the Jews or heretics or Gentile heathen – far be it indeed, far be it; for the rest, we may agree in some other way, so that either each should remain before God in the condition in which he was called, if both traditions are good, or else both books should be read over in peace and humility without any argument, and what agrees better with the Old and New Testament should be maintained without ill-will at any.54

This use of i Corinthians emphasizes that differences need not be interpreted as disunity, and that these differences should be resolved through consensus. The other insular author to directly cite i Cor. 7. 20 and 7. 24 is Gildas, again in his letter to Finnian as also cited in Hibernensis. However, Gildas appears to sit closer to the sentiment expressed in DDAS, where communal attitudes to authority are set within a framework recognizing the need for discipline: ‘Let each in God stay where he is called’: so that the chief should not be changed except at the choice of his subjects, nor the subject obtain the place of his superior without the advice of an elder.55

This sentiment combines the need for stability formulated in the Rule of Basil with an allowance for movement, based on the authority of leaders as chosen by their subjects. in unessential things, even though he himself might honour a custom among them so as not to offend the weak. As he says to the Corinthians…]. 54 Columbanus, Epistula 2.7, Sancti Columbani Opera, ed. Walker, pp. 18–19: ‘Absit ergo ut ego contra uos contendam congrediendum, ut gaudeant inimici nostri de nostra christianorum contentione, Iudaei scilicet aut heretici, sive pagani gentiles – absit sane, absit; alioquin aliter inter nos potest convenire, ut aut unusquisque in quo uocatus est, in eo permaneat apud Deum, si utraque bona est traditio, aut cum pace et humilitate sine ulla contentione libri legantur utrique, et quae plus Veteri et Novo Testamento concordant, sine ullius inuidia seruentur’. 55 This fragment comes from Gildas’s letter to Finnian and is also cited in Hibernensis. See Gildas, Fragmenta, 6, ed. Winterbottom, in Ruin of Britain and Other Works, p. 145: ‘“Unusquisque permaneat in eo in quo uocatus est apud deum”, ut nec primarius nisi uoluntate mutetur subiectorum neque subiectus sine senioris consilio locum prioris obtineat.’ See also Hibernensis, 36.32, ed. Flechner, p. 272.

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The fusion of i Corinthians 7. 20 and 7. 24 in DDAS appears to pick up on Gildas and expands his reading to the broader themes of equality as it relates to justice. DDAS links the concept of one’s calling to other letters by Paul. Thus, the themes of i Corinthians 7. 18–24 (whether being Jewish or a slave matters when becoming a Christian) are elevated by reference to Galatians 3. 26–29 (extending to Gentiles and gender, and equating baptism with the image of unity represented by Christ’s tunic), and finally to a Pauline understanding of justice as laid out in Romans 2. 9–13 (extending to the equality of all persons before God’s Law): [i Cor. 7. 18–24] Is any man called, being circumcised? Let him not procure uncircumcision. Is any man called in uncircumcision? Let him not be circumcised. Circumcision is nothing, and uncircumcision is nothing: but the observance of the commandments of God. Let every man abide in the same calling in which he was called. Wast thou called, being a bondman? care not for it; but if thou mayest be made free, use it rather. For he that is called in the Lord, being a bondman, is the freeman of the Lord. Likewise he that is called, being free, is the bondman of Christ. You are bought with a price; be not made the bondslaves of men. Brethren, let every man, wherein he was called, therein abide with God.56 [Gal. 3. 26–29] So in Christ Jesus you are all children of God through faith, for all of you who were baptized into Christ have clothed yourselves with Christ. There is neither Jew nor Gentile, neither slave nor free, nor is there male and female, for you are all one in Christ Jesus. If you belong to Christ, then you are Abraham’s seed, and heirs according to the promise.57 [Rom. 2. 9–13] Tribulation and anguish upon every soul of man that worketh evil, of the Jew first, and also of the Greek. But glory, and honour, and peace to everyone that worketh good, to the Jew first, and also to the 56 ‘Circumcisus aliquis uocatus est? non adducat praeputium. In praeputio aliquis uocatus est? non circumcidatur. Circumcisio nihil est, et praeputium nihil est: sed obseruatio mandatorum Dei. Unusquisque in qua uocatione uocatus est, in ea permaneat. Seruus uocatus es? non sit tibi curae: sed et si potes fieri liber, magis utere. Qui enim in Domino uocatus est seruus, libertus est Domini: similiter qui liber uocatus est, seruus est Christi. Pretio empti estis: nolite fieri serui hominum. Unusquisque in quo uocatus est, fratres, in hoc permaneat apud Deum’. 57 ‘Omnes enim filii Dei estis per fidem, quae est in Christo Jesu. Quicumque enim in Christo baptizati estis, Christum induistis. Non est Judaeus, neque Graecus: non est seruus, neque liber: non est masculus, neque femina. Omnes enim uos unum estis in Christo Jesu. Si autem uos Christi, ergo semen Abrahae estis, secundum promissionem haeredes’.

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Greek. For there is no respect of persons with God. For whosoever have sinned without the law, shall perish without the law; and whosoever have sinned in the law, shall be judged by the law. For not the hearers of the law are just before God, but the doers of the law shall be justified.58

The sentiment put forward in DDAS relates to the equality of all Christians before God, which binds all Christians into unity under the law of Christ. Inherent in DDAS is a profound emphasis on the horizontal arrangement of authority within a hierarchical Christian society, stressing, in the final abuse of a people without law (Chapter 12), the equality of ethnicity, gender, status, and culture: Ad quam uiam omnes homines communiter inuitat dicens: uenite aud me omnes qui laboratis et onerati estis quia non est personarum acceptio apud Deum. Ubi non est Iudaeus et Grecus, masculus et femina, seruus et liber, barbarus et Scytha, sed omnia et in omnibus Christus; omnes enim unum sunt in Christo Iesu. [To that path he invites all men in common, saying: Come to me all you who labour and are burdened, because there is no favouritism to individuals with God. In him, there is neither Jew nor Greek, male and female, slave and freeman, barbarian and Scythian, but Christ is all in all: for we are all one in Christ Jesus].59

All Christians are equally responsible for the continuity of a Christian community, and each have an equal role to play, regardless of hierarchical status, in ensuring its survival and success.

Conclusion: ideas of authority in DDAS In offering both a hierarchical and communal model of society inspired by scripture, DDAS approaches the tension between equality before God and the need for discipline in a profoundly original way. Its unique blending of 58 ‘Tribulatio et angustia in omnem animam hominis operantis malum, Judaei primum, et Graeci: gloria autem, et honor, et pax omni operanti bonum, Judaeo primum, et Graeco: non enim est acceptio personarum apud Deum. Quicumque enim sine lege peccauerunt, sine lege peribunt: et quicumque in lege peccauerunt, per legem judicabuntur. Non enim auditores legis justi sunt apud Deum, sed factores legis justificabuntur’. 59 DDAS, 12, ed. Breen, p. 428 (ed. Hellmann, p. 59).

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the tension between ‘horizontal’ forms of authority and ‘vertical’ forms of authority deserves further investigation. In a subtle sense, DDAS implies that there is a profound parity between all the orders of society, whether natural or divinely inspired, under the authority of God’s Law. While these orders may have hierarchical roles and responsibilities, they are all equal before God, and, importantly, each relationship with God is direct and not necessarily mediated. This has something to say for ideas about the role of institutions, and the clerical orders in particular, as the sole mediators of divine inspiration. A space has been left in DDAS for a subsequent agreed ‘recalling’, in a prophetic sense. DDAS is profoundly influenced by Paul in insisting that, whatever their position in society, all should seek to follow God’s will in their calling. The influence of the literary and ecclesiastical culture of Visigothic Spain is also evident. The treatise appears to pre-empt subsequent Irish efforts to place all the orders under one Christian law, as represented by the Hibernensis, itself citing i Cor. 7. 20 and 24 as put forward by Gildas in his letter to Finnian. Despite scholarly attempts to associate DDAS with particularly clerical or monastic perspectives on authority, it has nothing to say directly about these orders, outside of the address to the abuse represented by a negligent bishop. Perhaps the section addressed to the proud paupers alludes to the problematic association of ascetism in general, and monasticism in particular, to perfection in poverty and the associated sin of pride. It may be that the teaching powers of the sapiens are referring to the clerical orders whether secular or religious; it may be that the senex without religion refers to a senior cleric without faith. But the lack of clerics and monks as distinct categories is a significant omission.60 DDAS appears to be inspired by the Rule of Basil in applying the ascetic life to all ways of life, without distinction, to create a fraternal community under the guidance of bishops, themselves guided by the spiritual needs of the plebs, in order, in a sense, to close the circle. It thus delicately balances the equality of all before God with an agreed hierarchy designed to resolve disputes and maintain harmony. This seventh-century treatise, influential on Western political thought, offers a sensitive model for the distribution and balance of authority, a key indicator, perhaps, of its profound influence over subsequent centuries.

60 The avoidance of mentioning monks has been noted by Mews in the context of insular texts drawing on the authority of David of Wales. See Mews, ‘The De XII Abusivis Saeculi’, pp. 139–141. This may imply DDAS is from a similar milieu.

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Bibliography Primary sources: De XII abusiuis saeculi Breen, Aidan, ed., ‘Towards a Critical Edition of De XII Abusivis: Introductory Essays with a Provisional Edition of the Text and Accompanied by an English Translation’ (unpublished doctoral thesis, University of Dublin, 1988). Ps.-Cyprianus: De xii Abusivis Saeculi, ed. by Siegmund Hellmann, Texte und Untersuchungen zur Geschichte der altchristlichen Literatur, 34 (J. C. Hinrichs: Leipzig, 1909).

Other primary sources Augustine of Hippo, Augustine’s Commentary on Galatians: Introduction, Text, Translation, and Notes, ed. and trans. by Eric Plumer (Oxford: Oxford University Press, 2003). Basil, The Rule of Saint Basil in Latin and English: A Revised Critical Edition, ed. and trans. by Anna M. Silvas (Collegeville, MN: Liturgical Press, 2013). Columbanus, Sancti Columbani Opera, ed. by G. S. M. Walker (Dublin: Institute for Advanced Studies, 1957; repr. 1970). Cyprian, De ecclesiae unitate, ed. by M. Bévenot, CCSL, 3 (Turnhout: Brepols, 1972), pp. 249–268. Gildas, ‘The Ruin of Britain’ and Other Works, ed. and trans. by Michael Winterbottom, Arthurian Period Sources, 7 (London: Phillimore, 1978). Gregory the Great, Registrum epistularum, ed. by Dag Norberg, CCSL, 140, 140A (Turnhout: Brepols, 1982). Flechner, Roy, ed. and trans., The Hibernensis, 2 vols, Studies in Medieval and Early Modern Canon Law (Washington, DC: Catholic University of America Press, 2019). Isidore of Seville, De differentiis uerborum (Liber differentiarum I), PL, 83, pp. 9–70. Jerome, Aduersus Iovinianum, ed. by J.-P. Migne, PL, 23, 221–352. Jerome, Commentarii in Ezechielem, ed. by F. Glorie, CCSL, 75 (Turnhout: Brepols, 1964). John Wycliffe, Opus evangelicum, ed. by Johann Loserth, Wycliffe’s Latin Works, 15 (London: Trübner, 1895–1896).

Secondary sources Anton, Hans Hubert, ‘Pseudo-Cyprian: De duodecim abusivis saeculi und sein Einfluss auf den Kontinent, insbesondere auf die karolingischen Fürstenspiegel’, in Die Iren und Europa im früheren Mittelalter, ed. by Heinz Löwe, 2 vols (Stuttgart: Klette-Cotta, 1982), ii, pp. 568–617.

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Brown, Peter, ‘Vers la naissance du Purgatoire, Amnistie et pénitence dans le christianisme occidental de l’Antiquité tardive au haut Moyen Age’, Annales Histoire, Sciences Sociales, 52 (1997), 1247–1261. Charles-Edwards, T. M., ‘A contract between King and People in Early Medieval Ireland? Críth Gablach on Kingship’, Peritia, 8 (1994), 107–119. Clayton, Mary, ‘De Duodecim Abusiuis, Lordship and Kingship in Anglo-Saxon England’, in Saints and Scholars: New Perspectives on Anglo-Saxon Literature and Culture in Honour of Hugh Magennis, ed. by Stuart McWilliams (Cambridge: Brewer, 2009), pp. 141–163. De Jong, Mayke, ‘Transformations of Penance’, in Rituals of Power in Late Antiquity to the Early Middle Ages, ed. by Frans Theuws and Janet L. Nelson (Leiden: Brill, 2000), pp. 185–224. de Vogüé, Adalbert, Community and Abbot in the Rule of St. Benedict, trans. by Charles Philippi (Kalamazoo: Cistercian Publications, 1978). Dumville, David N., Saint David of Wales, Kathleen Hughes Memorial Lectures on Medieval Welsh History, 1 (Cambridge: Hughes Hall and the Department of Anglo-Saxon, Norse, and Celtic, 2001). Enright, Michael J., Iona, Tara, and Soissons: The Origin of the Royal Anointing Ritual (Berlin: de Gruyter, 1985). Enright, Michael J., ‘On the Unity of De Regno 1–4 of the “Hibernensis”: The First Royal Anointing Ordo’, Frühmittelalterliche Studien, 48.1 (2016), 207–235. Fomin, Max, ‘Wisdom-texts from Early Christian Ireland: Aspects of Style, Syntax and Semantics’, in Perspectives on Celtic Languages, ed. by Maria Bloch-Trojnar (Lublin: John Paul II Catholic University, 2009), pp. 161–186. Grigg, Julianna, ‘The Just King and De Duodecim Abusiuis Saeculi’, Parergon, 27.1 (2010), 27–51. Harvey, Anthony, ‘Languages and Literacy in Mid-First-Millennium Ireland: New Questions to Some Old Answers’, in Transforming Landscapes of Belief in the Early Medieval Insular World and Beyond: Converting the Isles II, ed. by Nancy Edwards, Máire Ní Mhaonaigh, and Roy Flechner (Turnhout: Brepols, 2017), pp. 47–64. Hvidt, Niels Christian, ‘Prophecy and Revelation: A Theological Survey on the Problem of Christian Prophecy’, Studia Theologica – Nordic Journal of Theology, 52 (1998), 147–161. Johnson, Elva, ‘Literacy and Conversion on Ireland’s Frontier: From Emulation to Assimilation?’, in Transforming Landscapes of Belief in the Early Medieval Insular World and Beyond: Converting the Isles II (Turnhout: Brepols, 2017), pp. 23–46. Joyce, Stephen J., The Legacy of Gildas: Constructions of Authority in the Early Medieval West (Woodbridge: Boydell, 2022). Lahey, Stephen E., John Wyclif (Oxford: Oxford University Press, 2009).

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McNally, Robert, ‘“In Nomine Dei Summi”: Seven Hiberno-Latin Sermons’, Traditio, 35 (1979), 121–143. Markus, Robert, The End of Ancient Christianity (Cambridge: Cambridge University Press, 1990). Meeder, Sven, The Irish Scholarly Presence at St. Gall: Networks of Knowledge in the Early Middle Ages (London: Bloomsbury, 2018). Meens, Rob, ‘Politics, Mirrors of Princes and the Bible: Sins, Kings and the Well-being of the Realm’, Early Medieval Europe, 7 (1998), 345–357. Mews, Constant J., ‘The De XII Abusivis Saeculi and Prophetic Tradition in SeventhCentury Ireland’, in Prophecy, Fate and Memory in the Early and Medieval Celtic World, ed. by Jonathan Wooding and Lynette Olson, Sydney Series in Celtic Studies (Sydney: Sydney University Press, 2020), pp. 125–147. Mews, Constant J., and Stephen J. Joyce, ‘The Preface of Gildas, the Book of David, and Penitential Practice in Sixth-Century Britain’, Peritia, 29 (2018), 81–100. Sharpe, Richard, ‘Gildas as a Father of the Church’, in Gildas: New Approaches, ed. by Michael Lapidge and David N. Dumville, Studies in Celtic History, 5 (Woodbridge: Boydell 1984), pp. 193–205. Sims-Williams, Patrick, ‘Thought, Word and Deed: An Irish Triad’, Ériu, 29 (1978), 78–111. Snyder, Christopher A., The Britons (Oxford: Blackwell, 2003). Stansbury, Mark, ‘Conversion and the Origin of Irish Script’, in Transforming Landscapes of Belief in the Early Medieval Insular World and Beyond: Converting the Isles II, ed. by Nancy Edwards, Máire Ní Mhaonaigh, and Roy Flechner (Turnhout: Brepols, 2017), pp. 65–86. Stocking, Rachel L., Bishops, Councils, and Consensus in Visigothic Spain, 589–633 (Ann Arbor: University of Michigan Press, 2000). Talbert, Charles H., Reading the Sermon on the Mount: Character Formation and Decision Making in Matthew 5–7 (Columbia: University of South Carolina Press, 2004). Ward, Benedicta, ‘The Spirituality of St Cuthbert’, in St Cuthbert, His Cult and His Community to AD 1200, ed. by Gerald Bonner, David Rollason, and Clare Stancliffe (Woodbridge: Boydell, 1989), pp. 65–76.

About the author Stephen J. Joyce is a research affiliate at Monash University working with Mews and Neal on an ARC funded research project relating to DDAS and its influence. His monograph, The Legacy of Gildas: Constructions of Authority in the Early Medieval West was published by Boydell Press in 2022.

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Transforming Irish Traditions De XII abusiuis saeculi and Justice in the Frankish World, c. 750–1050 Jelle Wassenaar Abstract The De XII abusiuis saeculi arrived from Ireland on the continent around the middle of the eighth century and soon became an immensely influential text to Carolingian reformers. The importance of the ninth abuse of the rex iniquus to early Carolingian conceptions of royal office during the reigns of Charlemagne and Louis the Pious is well known. Little attention has been paid, however, to its continuing influence on notions of justice and political discourse in the Frankish world from the middle of the ninth century onwards. This chapter will trace how the text was used by successive generations of Carolingian clerics to write of justice and examine how they each wielded different parts of the text to face new political situations. Keywords: Charlemagne, Carolingians, justice, kingship, Franks, Hincmar

Around the middle of the tenth century, Flodoard of Rheims (894–966) wrote a history of his see, the Historia Remensis. In it, we find an interesting attribution of the De XII abusiuis saeculi. This work was, so notes Flodoard, written by Archbishop Hincmar of Rheims (845–882) ‘[…] for the instruction of the king, in which he gathers together the opinions of the Fathers and the constitutions of preceding kings and reminds Charles of the promise he had made before his coronation to the princes and bishops’.1 Flodoard’s attribution of DDAS was 1 Flodoard of Rheims, Historia Remensis, 3.18, ed. Stratmann, p. 254: ‘Scribit etiam ad instructionem ipsius regis, de duodecim abusivis sanctorum in his colligens dicta Patrum et praeteritorum constitutiones regum. Sed et de promissione sua eum admonens, quam verbo, ac scripto, antequam rex consecraretur, primatibus et episcopis fecerat’.

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch04

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likely indebted to his reading of a letter of 859 in which Hincmar extensively used the treatise, written to give advice to King Charles the Bald.2 Yet in his letter, Hincmar had explicitly attributed his excerpts from DDAS to Cyprian.3 While one can interpret this as a simple misreading on the part of Flodoard, it also tells us something about how differently DDAS could be used and contextualized by different Frankish authors at different times. To Hincmar, the treatise was the work of St Cyprian, associated ‘with the tremendous authority of pristine Christianity’, and held up as an example for kings. 4 To Flodoard, on the other hand, it was the work of Hincmar, and associated not with a pristine patristic past, but with the eminently political Carolingian ‘golden age’ of his Church.5 To him, it exemplified the duty of the bishops of Rheims to admonish their kings and defend their Church on the stage of regnal politics. Several earlier Frankish authors had, conversely, first come into contact with parts of the work believing them to be the words of the Irish St Patrick, which would have evoked quite different associations.6 The fundamental influence of DDAS in the Frankish world, especially that of its ninth abuse of the rex iniquus, is well-established.7 Scholars have also sought to explain specifically why this originally Irish treatise was so well-received on the continent. Hans Hubert Anton has argued that it was not principally the ‘Irish’ cosmological model of kingship of the ninth abuse—its connection between royal justice, natural disasters, and the prosperity of the realm—that made the work attractive to Frankish authors. To Anton, it was ‘the continental in Pseudo-Cyprian that contributed to its popularity on the continent’, principally the way in which the model of kingship of the ninth abuse builds on Isidore of Seville’s exposition on the nomen regis.8 In a later article, Rob Meens has argued for a widespread, pre-existing affinity among Frankish intellectuals for questions of pollution and the consequences of individual sin as a main impetus behind the popularity of DDAS on the continent.9 2 Flodoard of Rheims, Historia Remensis, ed. Stratmann, p. 254, n. 9. The letter in question is likely the one edited by Gross, ‘Fragment eines Briefes’, pp. 187–192. 3 Hincmar of Rheims, Epistola 126 (Continuatio), ed. Gross, ‘Fragment eines Briefes’, p. 190. 4 De Jong, Penitential State, p. 175. 5 On Flodoard’s notions of the past, see Roberts, Flodoard of Rheims. 6 See below, pp. 114–116. 7 Anton, Fürstenspiegel und Herrscherethos; Anton, ‘Pseudo-Cyprian’; Meens, ‘Mirrors of Princes’; Anton, ‘Königsvorstellungen’. 8 ‘[…] es war das Kontinentale in Pseudo-Cyprian, das zu seiner Beliebtheit auf dem Kontinent beitrug’: Anton, ‘Pseudo-Cyprian’, p. 615. 9 Meens, ‘Mirrors of Princes’, esp. p. 357; more recently this view was taken up by O’Connor, Destruction of Da Derga’s Hostel, p. 282.

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These arguments do not necessarily contradict each other, and both help explain why the ninth abuse of the treatise was compatible with the thought of early ninth-century Frankish clergymen on a fundamental level. The question of how the connotations, popularity, and uses of the treatise changed over time, and how these were conditioned by the diverging situations that different Frankish authors found themselves in has remained largely unanswered. This chapter examines this question by tracing how and why a number of Frankish clerics and rulers employed the treatise to speak about justice from its arrival on the continent up to the turn of the first millennium.

Early influences: Justice as panegyric We know that parts of the ninth abuse of the rex iniquus arrived on the continent through their adaptation in the Collectio Canonum Hibernensis by the middle of the eighth century at the latest.10 DDAS was at this time also likely first used in a letter of advice. In 746/747, Boniface wrote a letter to King Aethelbald of Mercia (r. 716–757), in which he appears to have used DDAS (either directly or through its adaptation in Hibernensis) to praise Aethelbald’s rulership; Boniface notes that he heard that the king was generous in giving alms, and that he fortiter restrained ‘robbery and crime, perjury and plundering’, while protecting ‘the widows and the poor’.11 The effect of this, so implies Boniface, was that the king had established pax stabilitas in the regnum.12 Boniface did not, however, write his letter to praise King Aethelbald’s rule, but rather to admonish the king over his failure to take a wife in marriage, instead being ‘driven by lust’ into the sin of fornication.13 Boniface more specifically accuses the king of having committed this sin in monasteries with nuns.14 Moreover, Boniface had heard that the king had taken away 10 Meeder, Irish Scholarly Presence, p. 69; Anton has cautiously suggested that proto-versions of parts of DDAS (‘frühe irische Vorstufen’) might have circulated on the continent as early as the seventh century, although the evidence for this is rather tentative: Anton, ‘Königsvorstellungen’, p. 307. 11 Boniface, Epistola 73, ed. Tangl, MGH Epistolae selectae, 1, p. 147: ‘Audivimus quoque, quod furta et iniquitates, periuria et rapinas fortiter prohibeas et defensor viduarum et pauperum esse dinosceris et pacem stabilitam in regno tuo habeas’. 12 Ibid. 13 Ibid., p. 148: ‘Multis enim narrantibus conpertum est nobis, quod numquam legitimam in matrimonium uxorem duxisses.’ 14 Ibid.

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the revenues of churches and monasteries, while his prefecti and comites committed greater acts of violence against monks and priests than any other Christian ruler had done before.15 Interestingly, however, the use of DDAS in the letter conversely serves to praise Aethelbald’s rule. Boniface associated the king’s virtuous conduct in almsgiving and suppressing robbery, a rhetoric of panegyric built on the ‘markers’ of just kingship found in DDAS, with the stability and pax of the kingdom. The king’s sins, on the other hand, did not have such a cosmological significance to Boniface. Unlike his virtues, Aethelbald’s sins were not modelled on the rex iniquus of DDAS, and only endangered the salvation of the king’s soul rather than the stability of the regnum at large.16 A similar use of the ninth abuse of DDAS can be found in the first letter in which the treatise is used to admonish a Frankish ruler. In his 774 admonition of Charlemagne, Cathwulf, like Boniface, used this chapter of DDAS (or rather its citation in Hibernensis) to model the rule of his addressee as that of a just king. Little is known about Cathwulf’s identity, although he was likely an Anglo-Saxon who was at the time in Francia.17 Cathwulf used the treatise ‘indirectly’, by way of the versions transmitted in Hibernensis attributed to St Patrick.18 He connected the abuse of the rex iniquus to a metaphor of ‘columns’ of virtuous kingship, as well as Isidore’s words on the nomen regis.19 The realms of kings who followed the eight columns of righteous kingship would see ‘stillness of air and storms, fruitfulness of the earth and the sea with all that is born in it’.20 Moreover, the king himself

15 Ibid., p. 152. 16 Ibid., pp. 154–155: ‘Nihil enim adiuvant opes terrenea in die vindictae, si eis homo male utens praesentem finierit vitam, cum post mortem corporis in penam animae ceciderit aeternam […] Desere vitia et studium inpende sacris virtutibus adimplendis; sicque in hoc mundo prospere vives et in futuro praemium consequeris sempiternum’; see also Anton, Fürstenspiegel und Herrscherethos, p. 47. 17 Story, ‘Cathwulf, Kingship’, p. 4. 18 In his earlier monograph Fürstenspiegel and Herrscherethos (1968) and his article ‘PseudoCyprian, De duodecim abusivis saeculi und sein Einfluß’ (1982), Anton argued that Cathwulf used both the Hibernensis-version as well as DDAS directly, but he has more recently argued for a ‘freie Verwendung’ by Cathwulf of the excerpts from the Twelve Abuses taken from the Collectio Hibernensis: Anton, ‘Königsvorstellungen’, p. 300, n. 80; see now also Meeder, Irish Scholarly Presence, p. 71. 19 Meeder, Irish Scholarly Presence, p. 70; on the metaphor of eight columns see Story, ‘Cathwulf, Kingship’, pp. 9–11. 20 Cathwulf, Epistola ad Carolum, ed. Dümmler, MGH Epistolae, 4, p. 503: ‘Paucas f irmiter columnas, ut timeo, castra Dei tecum habes sustentare. Sunt autem octo columne regis iusti propriae […] Et tunc erit aeris et tempestatum tranquillitas, terre maris cum omnibus in eis

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would ‘happily be master of ever more peoples’.21 The unjust king, on the other hand, would, as ‘St Patrick has said’, suffer ‘dissension among his wife and sons, hunger of peoples, pestilence, unfruitfulness of the earth, the sea, and earthly fruits through diverse beatings by storms, and [he will be] overcome by his enemies and expelled from the kingdom’.22 Cathwulf’s letter as a whole is certainly one of admonition: Charlemagne was warned to consider St Patrick’s words on the rex iniquus so as not to ‘lose his honour here and in the future’.23 Yet the excerpts that Cathwulf culled indirectly from DDAS appear to have principally reinforced its panegyric as opposed to its admonitory quality. 24 Cathwulf pointedly added two sentences of his own to the Hibernensis version of DDAS on the unjust king so as to put these recent successes enjoyed by Charlemagne in an even more positive light. The notions that a just king would be ‘master of ever more peoples’ and the unjust king would be ‘overcome by his enemies and expelled from the kingdom’ were not part of the lists of cosmological effects of good and bad kingship in DDAS, nor of the ninth abuse as it appeared in the Hibernensis. 25 In his letter, Cathwulf made abundantly clear that to him, Charlemagne was a just king, while the latter’s enemies were to be seen as unjust rulers: Cathwulf’s addition to DDAS as transmitted in Hibernensis that the just king would be master of ever more peoples was an implicit reference to Charlemagne’s recent successes, principally his conquest of the Lombard Kingdom in 774/775.26 Additionally, Cathwulf connects his modification of the DDAS rex iniquus as suffering defeat and exile to the fate of Desiderius, the Lombard king, himself sent into exile by Charlemagne. Beyond his implicit allusion to Desiderius’s exile, Cathwulf stated explicitly that this king was an nascentibus fecunditas, et dominaberis etiam multis feliciter gentibus’; trans. by Meeder, Irish Scholarly Presence, p. 70. 21 Ibid. 22 Ibid: ‘E contra, sicut dixit sanctus Patricius: “Pro regis iniustitia sui ipsius infelicitas erit, uxoris filiorum quoque dissensio, populorum fames, pestilentia, infecunditas terre, maris quoque tempestatibus fructus terrarum diversis percussis, et ab inimicis suis superatus et expelsus de regno’. 23 Ibid., p. 504: ‘Tu ergo, rex mi, hec omnia lege et diligenter considera, ne honorem tuum hic et in futuro perderis’. 24 For an analysis of Cathwulf’s letter with particular attention paid to its ‘panegyric’ and ‘admonitory’ elements see Anton, ‘Königsvorstellungen’, pp. 298–301. 25 DDAS as cited in Hibernensis does note that the reign of a rex iniquus ‘slackens the subjection of the people’ and ‘provokes on all sides the incursions of enemies into the province’, while the good king ‘justly defends the homeland against its enemies’: Hibernensis, ed. Flechner, pp. 147–148, trans. Flechner, Hibernensis, ii, p. 583. 26 On the political context of Cathwulf’s letter see Story, ‘Cathwulf, Kingship’.

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‘exemplum’ of St Patrick’s words on the iniustitia regis, while he also built on a line added to DDAS in Hibernensis to compare the sins of Charlemagne’s enemies to the ‘sacrilege’ of the Old Testament kings ‘Saul, Jeroboam, Ahab, and others’, on account of which God had ‘extinguished their seed, so that it might not reign’.27 During the second half of the ninth century DDAS also appears to have been used by authors outside of Charlemagne’s court circle. A borrowing from the ninth abuse of DDAS can be found in a fragmentary mirror of princes associated with one Clemens Peregrinus. The collection in which this text is transmitted can be connected to the Agilolfing Court of Duke Tassilo III (r. 748–788) as well as to the activities of the Salzburg bishops Virgil and Arn.28 The author of the treatise attributed the DDAS extract to St Patrick and appears to have taken it from Hibernensis; like Boniface, he only lists the positive effects of just kingship, not the consequences of the rule of a rex iniquus.29 A final author known to have made use of DDAS on the continent at the end of the eighth century, Alcuin of York (d. 804), was firmly tied to Charlemagne’s court. Like Boniface and Cathwulf did before him, Alcuin used DDAS not to admonish his addressees through the image of the rex iniquus and the effects of bad kingship, but rather to build on the treatise’s enumeration of the effects of just kingship as an example to be followed. In 793, Alcuin wrote a letter to Aethelred of Northumbria (r. 774–778/779, 790–796) in which he urged the king to refrain from sins, as his iniustitia would be punished by God. Alcuin noted that it was the duty of the king to suppress all injustices, and that the ‘goodness of kings is the prosperity of the entire gens, the victory of the army, the calmness of the weather, the abundance of the air, the blessing of the sons, and the health of the common

27 Cathwulf, Epistola ad Carolum, ed. Dümmler, MGH Epistolae, 4, pp. 503–504: ‘Et sicut habes exempla sufficienter in his diebus et patrum tuorum, sicut de Waepere et de Desiderio filioque eius regnisque illorum et rel.; sicut Roboam, Achaz, Achab et reliqui reges Iudeorum, qui fecerunt malum in conspectu Domini et non ambulaverunt in mandatis Dei’; cf. Hibernensis, ed. Flechner, p. 148 [trans., p. 583]: ‘Propter piacula regum Saul et Coroboam, Achab et ceterorum, semina eorum, ne regnarent, extincxit Deus’. Thanks to Constant Mews for drawing my attention to this. 28 Anton, ‘Königsvorstellungen’, pp. 293–294. 29 Bischoff, ed., ‘Formulae Salzburgenses’, pp. 42–44, here p. 43: ‘Et Patricius dicit: “Iustitia vero regis […] Iustitia regis pax populorum est, tutamen patriae, munimen plebis, monimentum gentis, cura langorum, gaudium hominum, temperies aeris, serenitas maris, terre fecuntitas, solacium pauperum, heriditas filiorum, spes futurae beatitudinis, segitum habundantia, arborum fecunditas…”’.

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folk’.30 But where DDAS promoted iustitia as the only royal virtue, Alcuin added the piety of the king as a second central quality of good kings.31 Alcuin not only built on the Hibernensis-version of the ninth abuse in this letter to King Aethelred, but also appears to have been indebted to Cathwulf’s use of the Hibernensis extracts of the ninth abuse in his earlier letter.32 More notably, Alcuin’s letter is the earliest evidence we have of an author using the treatise ‘directly’, not by way of the Hibernensis. As Anton has noted, while the Hibernensis in its rendering of the ninth abuse writes of the duty of the king to not give judgement to anyone wrongfully (neminem iniuste iudicare), DDAS states that it is the duty of the king to not oppress anyone unjustly through force (neminem iniuste per potentiam opprimere). In his letter, Alcuin reworked these words on justice and oppressing per potentiam, found only in DDAS and excluded from the Hibernensis version of the ninth abuse: Alcuin stated that it was proper for the king to oppress all injustices through the power of his piety (omnes iniquitates pietatis suae potentia obprimere).33 Alcuin thus appears to have used DDAS directly, but did so remarkably freely. He may similarly have reworked DDAS in evoking the duties of kings and the salutary effects of just kingship to Charlemagne in a later 799 letter.34 In both this letter to Charlemagne as well as the one to Aethelred, however, Alcuin refrained from attributing an author to his extracts from DDAS. Alcuin’s direct and free use of DDAS suggests that the treatise—and not just the Hibernensis-extracts from the ninth abuse—circulated in the orbit of Charlemagne’s court and likely did so as an anonymous text.35 The actual influence of DDAS on early Carolingian concepts of just kingship has been the subject of some debate. Scholars have long recognized the 30 Alcuin, Epistola 18, ed. Dümmler, MGH Epistolae, 4, p. 51: ‘Legimus quoque, quod regis bonitas totius est gentis prosperitas, victoria exercitus, aeris temperies, terrae habundantia, filiorum benedictio, sanitas plebis’. 31 Anton, ‘Pseudo-Cyprian’, p. 600. 32 Anton, ‘Pseudo-Cyprian’, p. 601. 33 Ibid., p. 585, n. 44. 34 Ibid., p. 602; Alcuin, Epistola 177, ed. Dümmler, MGH Epistolae, 4, p. 293: ‘Et utinam, ut quandoque divina gratia vobis concedat libertatem a populo nefando Saxonum, iter agere, regna gubernare, iustitias facere, ecclesias renovare, populum corrigere, singulis personis ac dignitatibus iusta decernere, oppressos defendere, leges statuere, peregrinos consolari et omnibus ubique aequitatis et caelestis vitae viam ostendere […] In his enim et huiusmodi relegionis exercitationibus filiorum exaltatio et regni felicitas et populi sanitas et frugum ubertas et totius boni iocunditas […]’. 35 Alternatively, Alcuin may have consciously tried to suppress an association of DDAS with St Patrick or St Cyprian; on the question of Frankish attempts at suppressing the ‘Irish’ contexts of the work see the discussion of the use of DDAS at the 829 Council of Paris below, pp. 120–123.

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important role of Irish scholars in introducing new models of kingship, often inspired more directly by the Old Testament, to Francia from the later eighth century onwards.36 It is difficult to trace the influence of individual texts like DDAS on this process. Most notably, Michael Enright has argued that the DDAS extracts transmitted in Hibernensis were essentially meant as part of what he calls the ‘first royal anointing ordo’.37 Moreover, he has suggested that this ordo played a crucial role in Pippin’s 751 ordination as king.38 Both these arguments are compelling, yet based on rather tentative evidence and they remain highly controversial.39 A further complicating factor, albeit one not necessarily refuting Enright’s argument, is that DDAS itself may have influenced how later Frankish historiographers narrated Pippin’s coronation in the second half of the ninth century. 40 Even if DDAS influenced Pippin’s coronation, there were however clear limits to its reception by the time of Charlemagne. First of all, Boniface, Cathwulf, and Alcuin, as well as the anonymous Bavarian author appear to use DDAS in a markedly careful way. Of these four authors, only Cathwulf uses the treatise to evoke the effects of wicked kings on their realms. All other authors only used the model of the just king, while Cathwulf explicitly projected the rex iniquus on the enemies of Charlemagne. To Cathwulf, the notion of the rex iniquus, of bad kingship causing disasters of a cosmological scale, appears to have been endowed with obvious polemical potential. By contrast, Charlemagne himself, in a letter of 807, implied that natural disasters were caused by the sins of the community at large, not those of the king in particular. Using language reminiscent of the effects of bad kingship in DDAS, Charlemagne noted that the sterility of the earth, famines, and the intemperance of the skies showed God’s displeasure at the sins of the entire community. 41 To placate God, Charlemagne ordered his subjects to discern the sins in their own hearts, and to fast and pray in penitence for 36 Anton, Fürstenspiegel und Herrscherethos; Anton, ‘Königsvorstellungen’; Moore, Sacred Kingdom, pp. 289–290; Schmoeckel, ‘Die Idee der Gerechtigkeit’, esp. pp. 90–91. 37 Enright, Iona, Tara, and Soissons, pp. 40–48; Enright, ‘On the Unity’. 38 Ibid., esp. p. 211. 39 For an early critique see Leyser, review of Enright, Iona; more recently, O’Connor, Da Derga’s Hostel, p. 275, with further literature. Thanks to Stephen Joyce for pointing me to the latter monograph. 40 Semmler, Dynastiewechsel von 751, pp. 1–57. 41 Charlemagne, Ad Ghaerbaldum, ed. Boretius, MGH Capitularia, 1, p. 245: ‘[…] quod insolito more et ultra consuetum ubique terrae sterilitas esse et famis periculum imminere videtur, aeris etiam intemperies frugibus valde contraria, pestilientia quoque per loca, et paganorum gentium circa marcas nostras sedentia bella continua […]’; Evans, ‘God’s Judgement in Carolingian Law and History Writing’, and Hen, ‘Annals of Metz’, for further context.

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their sins. 42 This notion of the communal responsibility for divine wrath as effected through natural disturbance on the part of Charlemagne might in part explain why earlier authors were so reluctant in holding up the example of the rex iniquus in their admonitory letters. The Collectio canonum Hibernensis could have further conditioned this by the way that the canon law collection transmitted the ninth abuse of the rex iniquus: unlike in the ‘normal’ version of the abuse, the Hibernensis separates it under two distinct chapters, 24.3. and 24.4, respectively titled ‘That the deeds of bad kings are destructive’ and ‘That the deeds of good kings are efficacious’. 43 A second pointer to the limits of the reception of DDAS at the court of Charlemagne can be deduced from how the treatise was adapted in the socalled Pseudo-Bonifatian sermon collection. Traditionally seen as the work of Boniface, this collection has more recently been placed in an ‘Alcuinian mileu’. 44 Two sermons of the work contain excerpts from Alcuin’s De fide sanctae Trinitatis and his Liber de virtutibus et vitiis, while the collection as a whole shows clear links to Charlemagne’s Admonitio generalis (789). 45 To this one could add that the way in which the author of the sermon collection used DDAS was remarkably similar to how Alcuin employed the treatise in his letters to Aethelred and possibly Charlemagne, as discussed above. Like Alcuin in his letters, the author of the sermon collection builds directly on DDAS instead of the Hibernensis excerpts, uses the treatise rather freely, and does not attribute an author. The ninth sermon of the collection is essentially a paraphrase of several of the abuses that make up DDAS, although, as Rob Meens has noted, the author made several changes to the treatise. 46 First of all, the duties of the rex iustus in DDAS are in the sermon applied not to the rex but to the ‘potentes et iudices qui regi adhaerent’: these are to defend widows, orphans, and the poor, to judge fairly, and to oppress no one unjustly. 47 Secondly, more than DDAS, the author of the sermon stresses the need for obedience 42 Charlemagne, Ad Ghaerbaldum, ed. Boretius, MGH Capitularia, 1, p. 246: ‘Quamobrem bonum nobis omnino videtur, ut unusquisque nostrum cor suum humiliare in veritate studeat et, in quocumque loco sive actu sive cogitatu se Deum offendisse deprehenderit, poenitendo tergat, flendo doleat et semetipsum in quantum ipse potest ab his malis in futurum cavendo custodiat’. 43 Hibernensis, ed. Flechner, pp. 147–148: ‘24. 3 De eo quod malorum regum opera distruant […] 24.4 De eo quod bonorum regum opera aedificentur’, trans. Flechner, Hibernensis, p. 583. 44 Schmitz, ‘Bonifatius und Alkuin’; Meens, ‘Boniface: Preaching and Penance’, p. 209. 45 Meens, ‘Christianization and the Spoken Word’, pp. 215–218. 46 Ibid., p. 217. 47 Pseudo-Boniface, Sermones Pseudo-Bonifatii, PL, 89, 860C: ‘Item, potentes et iudices omnes qui regi adhaerent fideles sint oportet, et humiles, et misericordes, in aequitate iudicare et non

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by the kingdom’s potentes et iudices to the king and the bishops. 48 Here the author of the sermon appears to be reacting to the hierarchical scheme of DDAS discussed by Joyce in his contribution to this volume: where DDAS places the king ‘under the bishop, who is himself chosen (electus est) by the populus’, the author of the Pseudo-Bonifacian sermon collection states that the populus should honour, fear, and venerate the king. 49 At the court of Charlemagne, DDAS thus appears to have been used selectively. Its use is ‘pitched in the same key of heady panegyric and flattery destined for the king’s ears’ that Mary Garrison heard in the rhetoric of election of the Franks as the New Israel promoted by authors who sought to secure or buttress ties of patronage to the Carolingian court.50 Perhaps authors using DDAS anticipated that neither the focus in the treatise on the unjust king as the central cause of calamities in the realm at large, nor its markedly anti-authoritarian hierarchical scheme as identified by Joyce, would be received well by Charlemagne and his court circle.

Justice in a ‘penitential state’ DDAS entered more clearly onto the stage of Carolingian politics and decision-making during the reign of Charlemagne’s heir, Louis the Pious (r. 814–840). Most notably, the treatise was cited at the 829 Council of Paris. The synodal record cited the ninth chapter of the rex iniquus in full, as part of an ambitious attempt, involving a wealth of other biblical references and patristic authors, to define what the king should be and take heed of.51 The Paris council acts are also the earliest testimony to the attribution of the treatise to Cyprian. The person responsible for the citation of DDAS in the council acts was likely Bishop Jonas of Orleans (c. 760–843), as he was almost certainly the in muneribus, viduas et pupillos et pauperes defendere, episcopis suis subditos esse, neminem vi opprimere, non iniustis divitiis inhiare, sua magis indigentibus dare quam aliena rapere’. 48 Ibid.: ‘Nam episcoporum officium est prava prohibere, pusillanimes consolaria protervos corripere. Deinde regius honor populis debet esse timori et venerationi, quia non est potetas nisi a Deo’. 49 Joyce, chap. 3 in this volume, pp. 97–98; Jerome, Commentarii in Ezechielem, 10.33, ed. Glorie, pp. 468–469: ‘speculator terrae Iudaeae, uel rex potest intellegi, uel propheta; speculator autem ecclesiae, uel episcopus, uel presbyter, qui a populo electus est’. 50 Garrison, ‘Franks as the New Israel’, pp. 153–154. 51 Note the heading of the chapter in question: ‘Quid sit rex, quid esse, quidve cavere debeat?’: Concilium Parisiense (829), ed. by Werminghoff, MGH Concilia 2.2, p. 649; the citation from DDAS can be found on pp. 650–651.

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author of the acts.52 Jonas also cited DDAS in his De institutione regia, a work of instruction written c. 831–834 for Pippin of Aquitaine (797–838), Louis’s second son.53 The use of DDAS by Jonas at this time differs markedly from how it was employed by earlier authors at Charlemagne’s court; instead of selectively citing parts of the ninth abuse in the service of panegyric or to illustrate the benefits of just kingship, in both the Paris council acts as well as his De institutione regia, Jonas cited the ninth abuse in full, attributed it to St Cyprian, and principally used the treatise to define what a king should do and avoid. As suggested by Mews and Joyce in their contribution to this volume, one reason for an attribution to Cyprian instead of to Patrick in these texts associated with Jonas might well lie in a concern over Irish influence, manifest for example in unease over penitentials, voiced in one of the chapters of the 829 Council of Paris.54 These penitentials were, however, not explicitly identified as ‘Irish’ in the council acts.55 Whether the Irish provenance of DDAS itself was still well-known at this time is also unclear. Two of the ninth-century St Gall manuscripts transmitting the treatise, St Gall MSS 150 and 89, point to an additional reason for why Jonas might have attributed DDAS to Cyprian. These manuscripts provide a rare example of DDAS being transmitted with genuine Cyprianic works, but it has often been overlooked that the manuscript collator did not, in fact, explicitly attribute these texts to Cyprian.56 Both manuscripts attribute all other texts to authors—principally Gregory of Nazianzene and Cyprian—but DDAS is left without an author. Eleni Leontidou and Sven Meeder have, however, noted a strong thematic coherence between some of the themes appearing in DDAS and the other texts transmitted in these two manuscripts.57 Most notably, DDAS refers to the metaphor of the Church as the ‘seamless’ or ‘undivided’ tunic of Christ, a notion first developed and used conspicuously in several genuine Cyprianic works.58 On the one hand, this suggests that Jonas himself might have attributed the treatise to Cyprian because he identified this parallel 52 On Jonas of Orleans and the use of DDAS in his De institutione regia see Anton, ‘PseudoCyprian’, p. 609. A more recent overview of Jonas and his activities can be found in Veronese, ‘Jonas of Orleans’, pp. 424–425. 53 Jonas of Orleans, De Institutione Regia, ed. Dubreucq, Le métier de roi; for the citation from DDAS see pp. 188–192. 54 Mews and Joyce, chap. 1, p. 54. 55 The penitentials are simply referred to as the ‘codicelli, quos penitentiales vocant’: Council of Paris (829), ed. Werminghoff, MGH Concilia, 2.2, p. 633. 56 On this see Leontidou, ‘Episcopal Identity, Penance’, pp. 144–145, esp. note 6. 57 Meeder, Irish Scholarly Presence, pp. 75–76. 58 Leontidou, ‘Episcopal Identity, Penance’, pp. 155–156.

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use of the metaphor. On the other hand, the two St Gall manuscripts might point to an earlier, now largely lost, continental manuscript tradition in which DDAS was not yet explicitly attributed to Cyprian, but transmitted together with his works in a way that made authors assume an attribution to Cyprian.59 To some modern commentators, Jonas could also have attributed DDAS to Cyprian for political reasons, to provide a ‘pro-episcopal’ text with Cyprianic, patristic authority in a conflict between the episcopate and the emperor. Following this reading, the chapter of the rex iniquus was used by Jonas and rebellious bishops to gain the upper hand over their emperor in a time where God seemed angered with the community at large. The treatise allowed them, so it is implied, to portray Louis as a rex iniquus, to make the king responsible for the many scandals and setbacks that had befallen the kingdom in the years before.60 Jonas and the other synodal participants do not, however, appear to have used the treatise to imply that Louis the Pious had failed in his duties.61 Immediately before the ninth abuse is invoked the council acts stress the duty of the king to judge rightly, especially in regard to the poor.62 The vignette of an ‘unjust king’ as such does not appear to have interested the synodal participants, but principally the duty of the just king to ensure that his subjects had access to iustitia. This was an ideal shared unequivocally by Louis the Pious and his predecessors, one that they had energetically sought to put into practice.63 A collection of texts likely collated by Jonas of Orleans for Louis the Pious in the 830s similarly suggests that the focus of the synodal record was not on the model of the unjust king as such. Here the ninth abuse of DDAS appears in a longer list of quotations from the church

59 Meeder has suggested that the St Gall manuscripts principally point to other continental centres of manuscript production instead of to Ireland: Irish Scholarly Presence, pp. 77–78. 60 This historiographical tradition is discussed critically by De Jong, Penitential State, pp. 181–182; a recent example of this line of interpretation can be found in Moore, Sacred Kingdom, building on his older Moore, ‘La monarchie carolingienne’. On the disasters and scandals that struck the Carolingian realm in these years see De Jong, Penitential State, pp. 148–152. 61 De Jong, Penitential State, pp. 174–175. 62 Concilium Parisiense (829), ed. Werminghoff, MGH Conc. 2.2, p. 650: ‘Adtende, quod timor Dei et custodia praeceptorum eius et humilitas, quae non patitur eum extollere super fratres suos, et iustitiae rectitudo non solum regem, sed et filios eius longo faciet regnare tempore […] In proverbiis: “Rex qui iudicat in veritate pauperes, thronus eius in aeternum firmabitur”, item: “Misericordia et veritas custodiunt regem, et roboratur thronus eius”.’ 63 See for example Nelson, ‘Violence’, p. 93; on the practice of Carolingian justice, also in relation to the poor but giving a more pessimistic view, see Fouracre, ‘Justice’.

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fathers on how the res publica should be run.64 The heading referring to the DDAS extract is not named after the rex iniquus, but refers to Isidore’s nomen regis construction and the virtus of the king.65 On the other hand, the fact that the chapter of the rex iniquus was cited in full in this manuscript, in the Paris council acts as well as in Jonas’s mirror of princes, does certainly suggest that in the 820s, the notion that the sins of the king could lead to disasters on a cosmological scale had acquired more currency than before. As we have seen, authors connected to the court of Charlemagne appear to have been notably careful in referring to this model of negative kingship, largely limiting their use of DDAS to the effects of just kingship. This new use of DDAS under Louis the Pious should, however, be seen in the context of a fundamental interest in how the sins of the powerful endangered the community at large. The 829 Paris council acts also treat the sins of bishops at great length.66 To Jonas and others present at the council, not only the sins of the king, but those of the bishops too were to be examined.67 That DDAS was read against this background of an increased interest in both the sins of kings as well as of their bishops is also suggested by the four, early ninth-century St Gall manuscripts transmitting the treatise. St Gall MSS 570 and 277, of which the former was copied from the latter, show a clear link to an interest in clerical sin and the aftermath of Louis the Pious’s 833 public penance. St Gall MS 277 was written in Weissenburg and came to St Gall with Grimald, abbot of the abbey from 841 to 872. The manuscript transmits DDAS together with a penitential by Bishop Halitgar of Cambrai (r. 817–831) and several other shorter texts. As the prefatory letter attached to this penitential makes clear, Halitgar had written the penitential for Bishop Ebo of Rheims (d. 851). Ebo would famously become a ‘scapegoat’ in the aftermath of the rebellions against Louis the Pious and was deposed in 835.68 The St Gall manuscripts containing Halitgar’s penitential are part of a distinct group of manuscripts that transmit the penitential with texts on the issue of clerics being reconciled or returning to their offices after having 64 Paris, BnF, MS lat. nouv. acq. 1632, ed. Laehrs, ‘Ein karolingischer Konzilsbrief’, p. 124, note the heading to the list of excerpts, p. 120: ‘Incipiunt capitula diversarum sententiarum pro negociis rei publice consulendis’. 65 Paris, BnF, MS lat. nouv. acq. 1632, ed. Laehrs, ‘Ein karolingischer Konzilsbrief’, p. 121: ‘De nomine regis, et que sit virtus eius. Sancti Cipriani’. 66 De Jong, Penitential State, p. 181. 67 Ibid., p. 183. 68 For an up-to-date overview see Meeder, Irish Scholarly Presence, pp. 74–78, my discussion in this paragraph follows Meeder.

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lapsed. As Raymond Kottje has shown, this group in the transmission of Halitgar’s penitential had its origin in Fulda, where Ebo of Rheims had been held in custody since 834 for his role in the rebellions against the emperor. Ebo’s custodian in Fulda, Hrabanus, appears to have grown sympathetic to Ebo’s attempts at clearing his name (and at regaining the see of Rheims, from which he was deposed). Moreover, Hrabanus was in close contact with Grimald. In all likelihood, it was through this relationship that St Gall MS 277 was compiled and ultimately ended up in St Gall: before and after becoming abbot of St Gall, Grimald had been abbot of Weissenburg.69 The combination of DDAS with Halitgar’s penitential makes sense against the background of what Mayke de Jong has called a ‘penitential state’ gone into ‘overdrive’ more generally, but can also be tied specifically to Ebo’s predicament in the years after his deposition.70 Grimald seems to have seen both texts as dealing with similar issues of identifying and remedying sin. In the list of books that he gave to the monastery, the contents of St Gall MS 277 are described as ‘[the works] of Bishop Ebo on the eight principal vices and of Cyprian on the twelve abuses of the world’.71 As Sven Meeder has observed, both works deal with sin, but both also provide a ‘mirror image’: in the case of the penitentials, the remedy of penance, and in DDAS, the description of the antithesis of the abuse in question.72 Parts of both texts would be of particular relevance to Ebo: Halitgar’s penitential deals at length with the sins of clerics, while the tenth abuse of a ‘negligent bishop’ in DDAS would have been of great interest to Ebo.73 The central message of the tenth chapter was that the bishop was to be a watchman, diligently attending to and correcting sin.74 Ebo had been deposed for his prominent role in organizing the public confession of Louis in 833, but conceivably, to him and his allies he would just have done his duty, as commanded by Cyprian. Two other ninth-century St Gall manuscripts transmitting DDAS, St Gall MSS 89 and 150 can be tied to an interest in the sins and admonition of the lay powerful. As with St Gall MSS 277 and 570, these two manuscripts 69 Meeder, Irish Scholarly Presence, pp. 80–81. 70 De Jong, Penitential State, pp. 151–152. 71 The book list is edited by Becker, Catalogi bibliothecarum, p. 54, trans. here by Meeder, Irish Scholarly Presence, p. 80. 72 Meeder, Irish Scholarly Presence, p. 80. 73 See for example Halitgar, Liber poenitentialis, V, cc. 1, 2, 3, 9, ed. Schmitz, Die Bussbücher, pp. 286, 287, 288. 74 DDAS, ed. Hellmann, p. 53: ‘Primum namque ab episcopo quid sui nominis dignitas tenet inquiratur, quoniam episcopus cum Grecum nomen sit, speculator interpretatur’.

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form a pair: St Gall MS 89 was copied from St Gall MS 150.75 Sven Meeder has noted that this manuscript pair transmits DDAS together with several texts of relevance to the virtues and sins of elite laymen. The manuscripts also contain Cyprian’s De opere et eleemosynis, a text in which Cyprian urges the rich to give alms so as to secure the eternal life.76 Additionally, both manuscripts contain Ruf inus’s Latin translation (c. 400) of Gregory Nazianzene’s 373 oration before the citizens of Nazianzus, a text originally written in Greek. Notably, in a letter written during the 833 rebellion against Louis the Pious, this same oration is cited to urge the bishops not to be afraid to ‘speak truth to power’.77 Eleni Leontidou has in a recent article drawn attention to the title of Gregory of Nazianzene’s homily in the St Gall manuscripts: dicta gregorii nazanzeni ep[iscop]i de iheremia propheta praesente imperatore.78 However, in his homily Gregory addressed the prefect of the town of Nazianzus, something reflected in the title given in Greek manuscripts, which refers to a speech to ‘The terrified citizens of Nazianzus and the angry prefect’.79 Versions of Ruf inus’s translations in other medieval manuscripts were also titled Ad cives Nazanzenos grandi timore perculsos. 80 While it has traditionally been assumed that the new title to the work referring to imperial admonition was added by Ruf inus to his translation in the fourth century, another possibility, recently suggested, is that it was introduced by an early medieval scribe, perhaps as late as the ninth century. 81 Either way, the fact that the St Gall manuscripts specif ically refer to an admonition of the emperor suggests that DDAS was in these codices read against the background of royal sin and the duty of bishops to speak up about the sins of their rulers. 82 75 Meeder, Irish Scholarly Presence, p. 74. 76 Cyprian, De opere et eleemosynis, ed. Simonetti, CCSL, 3A, pp. 55–72. 77 Epistola Gregorii papae IV ad episcopos regni Francorum, ed. Dümmler, MGH Epistolae, 5, pp. 228–232; Renswoude, Rhetoric of Free Speech, pp. 332–333. 78 Leontidou, ‘Episcopal Identity, Penance’, p. 149. 79 Renswoude, Rhetoric of Free Speech, p. 238. 80 Rufinus of Aquileia, Interpretatio orationum Gregorii Nazianzeni, ed. Engelbrecht, CSEL, 46, p. 193; Leontidou, ‘Episcopal Identity, Penance’, p. 149. 81 Renswoude, Rhetoric of Free Speech, pp. 234–237. 82 Cf. Leontidou, ‘Episcopal Identity, Penance’, pp. 143, 166, who goes slightly further; she argues that St Gall MSS 89 and 150 ‘can be connected to a specific group of intellectuals presenting themselves as the ‘unity party’ during the troublesome decades of the 820s and 830s’, in that the manuscripts were ‘[…] obviously composed by opponents of Louis the Pious and sympathisers of the rebel bishops’. On the problematic concept of a ‘unity party’, see however Patzold, ‘Loyale Palastrebellion’.

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Justice and the king as corrector iniquorum After the death of Louis the Pious in 840, conflict between his heirs culminated in the Battle of Fontenoy (841). The ensuing period of recurring political division and conflict opened up new uses for DDAS in the Frankish world. These new uses of DDAS played themselves out in a world where territorial unity was lost, but where the call for what Mayke de Jong has called ‘unity of purpose’ at the same time became louder.83 The notion of royal justice played a central role in this search for a shared ideal: writing in the 850s, Paschasius Radbertus lamented in the second book of his Epitaphium Arsenii that ‘up to the present day, none of the rulers can show the commonwealth the way towards justice’.84 Although Paschasius himself did not cite DDAS to comment on what he saw as the sorry state of royal justice in his day, several other authors did.85 Most notably, Charles the Bald’s most prominent counsellor, Archbishop Hincmar of Rheims, made conspicuous use of DDAS in writing of justice throughout his long career. His use of DDAS differs in several ways from how the treatise was used to write of justice before. First of all, while the treatise had previously been cited explicitly in matters concerning clerical sin (even though the other texts in the manuscripts transmitting DDAS do suggest that the treatise was read against this background), Hincmar made extensive use of the treatise to write of the relationship between justice and the duties of clerics. In an 859 admonitory letter to Charles the Bald, for example, Hincmar built on the tenth abuse of ‘a negligent bishop’ to style himself as a speculator: as a bishop, he was obliged to speak up against the powerful about the depredations suffered by the poor.86 Hincmar would have been interested in DDAS not only by virtue of being an archbishop himself, but also because of how it had likely been wielded by 83 De Jong, Epitaph for an Era, pp. 226–227. 84 Paschasius Radbertus, Epitaphium Arsenii, 2.6, ed. Dümmler, Epitaphium Arsenii, p. 66: ‘nemo principum explicare potest reipublicae vias ad iustitiam’, trans. De Jong and Lake, Confronting Crisis, p. 161. 85 Besides Hincmar, uses of DDAS in the second half of the ninth century can be found in Nithard’s Historiae, as well as in a mirror of princes written by an anonymous author: Nithard, Historiarum libri quattuor, ed. Lauer and Glansdorff, Histoire des fils; De disciplina principum, ed. Schieffer, ‘Zwei karolingische Texte’, pp. 15–17. 86 Hincmar of Rheims, Epistola 126 (Continuatio), ed. Gross, ‘Brieffragment’, p. 192: ‘Nos enim, qui speculatorum nomine censemur, uidentes uenturum gladium super depraedatores pauperum tacere non audemus’. Cf. DDAS, 10, ed. Hellmann, p. 53: ‘Primum namque ab episcopo quid sui nominis dignitas tenet inquiratur, quoniam episcopus cum Grecum nomen sit, speculator interpretatur’.

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Ebo and his allies in their attempts at returning him to the see of Rheims. As the new bishop of Rheims, Hincmar was confronted by the question of the legality of Ebo’s deposition. This remained an issue after Ebo had died, as he had ordained clerics in the early 840s, whose continuing presence posed a problem to Hincmar’s authority in the diocese.87 This interest in questions of justice relating to bishops, their sins, and the legality of investiture is also reflected in the manuscript Vat. Pal. lat. 973, dated to the second half of the ninth century and likely originating in the diocese of Rheims.88 The manuscript transmits DDAS, and the reason for its inclusion appears to lie in what the text had to say about the ministerium of the bishop and the sins of clerics. Several of the other texts in the manuscripts are clearly associated with episcopal elevation and investiture: it includes an ordo for the elevation of bishops, as well as a set of prayers ‘on the shearing of hair’—part of the rite of elevating someone to the clergy.89 Other texts deal with clerical sin. Just before the folios transmitting DDAS, the scribe of the manuscript copied only part of the second book of Julianus Pomerius’s De vita contemplativa, notably the one chapter dealing with sinful clerics.90 In it, Pomerius admonishes sinful clerics to ‘become their own judges, and, as though avengers of their own iniquity, here exercise the voluntary penalty of a most severe punishment against themselves’.91 This text forms a well-chosen pair with DDAS: Pseudo-Cyprian deals not only with the sins of bishops in the tenth abuse, but also with the sins of clerics more generally. The first abuse of a ‘wise man without works’ is aimed at the ‘preacher (praedicator) […] who does not himself act in accordance with what he preaches to others’ and ‘who has fallen into the love of sin’.92 A second innovation in Hincmar’s use of DDAS is that, whereas at the 829 Council of Paris the bishops cited DDAS to determine the duties of a king on a fundamental level in a time of increased moral panic, Hincmar more

87 Stone, ‘Hincmar’s World’, pp. 4–5. 88 Vatican, BAV, Pal. lat. 973; a description of the manuscript can be found in Kautz, Bibliothek und Skriptorium, ii, pp. 941–955. 89 Vatican, BAV, Pal. lat. 973, fol. 15r–v (‘Ordo uel examinatio in ordinatione episcopi’); fol. 15v (‘Orationes ad capillum tondendum II’). 90 Vatican, BAV, Pal. lat. 973, fols 19v–21r; Julianus Pomerius, De vita contemplativa, 2.7, PL, 59, 451A–452B. 91 Julianus Pomerius, De vita contemplativa, 2.7, PL, 59, 451A–452B; The Contemplative Life, 4, trans. Suelzer, pp. 68–70. 92 DDAS, 1, ed. Hellmann, pp. 32–34, here pp. 32–33: ‘Primus abusionis gradus est si sine operibus bonis sapiens et praedicator fuerit, qui quod sermone docet, actibus explere neglegit’ (trans. Breen, p. 335).

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often employed the treatise in reaction to specific political situations.93 He made his earliest known allusion to DDAS in the so-called Quierzy letter of 858, in which he and other West Frankish bishops recorded their reaction to Louis the German’s invasion of his brother Charles the Bald’s kingdom of West Francia.94 While DDAS is not named in their letter, the treatise clearly influenced parts of the bishop’s admonitio.95 Borrowing a warning from DDAS, Hincmar and the bishops admonished Louis the German that he ‘who ought to correct others’ should first correct himself, and warned him that ‘As many people as you destroy by your bad example, people who ought to have been built up in goodness by you, under so many it will be necessary for you to be tormented in the future world in punishment’.96 In an 859 letter written to his own lord Charles the Bald, Hincmar wielded DDAS more explicitly, again in reaction to a specific situation.97 He urged his king to take heed of those chapters that the assembled bishops at Quierzy had previously sent to his brother Louis.98 In this letter, however, he cited the chapters on the dominus sine virtute and rex iniquus in full, and did so in support of the argument that it was the duty of the king, following his ministerium, to correct the depraedatores pauperum.99 93 Cf. also Anton, ‘Pseudo-Cyprian’, pp. 611–614, who emphasizes Hincmar’s connection between the notions of royal ministerium, iustitia, and his use of DDAS. 94 Epistola synodi Carisiacensis ad Hludowicum regem Germaniae directa, ed. Hartmann, MGH Concilia, 3, pp. 408–427. 95 Besides the example discussed below see the borrowing from DDAS, 6 (dominus sine virtute), under c. 12 of the letter: ‘Et uos, sicut paxillus non bene infixus, nisi in domino uirtutem innixi fortiter fueritis, et uos cadetis, et qui in uobis pendent labentur’, ed. Hartmann, MGH Concilia, 3, p. 420; cf. DDAS, 6, ed. Hellmann, p. 44: ‘Paxillus enim nisi bene fixus firmiter alicui fortiori haereat, omne quod in eo pendet cito labitur et ipse solutus a rigore suae firmitatis cum oneribus ad terram delabitur’. 96 Hartmann, ed., MGH Concilia, 3, pp. 408–427, here p. 419: ‘Super quantos enim estis in regni culmine, tantorum moribus debetis seruire et sicut lucerna super candelabrum in domo posita bonitatis monstrare, qui per uos et a uobis in bonum debuerant aedificari, sub tantis sine dubio in futuro saeculo in poenis us necesse erit torqueri’; trans. Charles West and others, The Quierzy Letter of 858 [http://hincmar.blogspot.com/2018/02/the-quierzy-letter-of-858.html (accessed 23.06.2021)]. 97 Hincmar, Epistola 126; ed. Perels, MGH Epistolae, 8.1, pp. 62–65; cf. DDAS, 9, ed. Hellmann, p. 53: ‘Attamen sciat rex quod sicut in throno hominum primus constitutus est, sic et in poenis, si iustitiam non fecerit, primatum habiturus est. Omnes namque quoscumque peccatores sub se in preasenti habuit, supre se modo plagali in illa futura poena habebit’. 98 Ibid., p. 64: ‘Et nolite neglegere illa capitula, quae synodus de Carisiaco per Wanilonem et Erchanraum transmisit ad hunc Attiniacum praeterito anno Hludovvico fratri vestro’. 99 Hincmar of Rheims, Epistola 126 (Continuatio), ed. Gross, ‘Brieffragment’, p. 192: ‘Nos enim, qui speculatorum nomine censemur, uidentes uenturum gladium super depraedatores pauperum

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A third change in Hincmar’s use of DDAS is that, especially in his later writings, he appears to have put less stress on the cosmological effects of kingship as appearing in the ninth abuse of DDAS. When Hincmar cited smaller excerpts of the treatise in his earlier writings, he did so to stress one of two messages: that it was the duty of the king to correct himself and his subjects, and that he would suffer in the afterlife for his sins, or, more specifically, for failing in his duty to correct his subjects. In a letter (860) on the adulterous wife of a count, answering a question pertaining to the legal authority of bishops and kings in such cases, Hincmar for example cited DDAS to argue that it was the duty of the king to correct the impious and punish adultery.100 At the end of his De divortio Lotharii (870), Hincmar cited the ninth abuse of the rex iniquus, including the passages on the cosmological effects of just and bad rule, but in other parts of his tract cited excerpts of the same chapter from DDAS to warn the king specifically that he ‘will render account about all his judgements to the most equitable judge God in the Day of Judgement’, and parts of the same abuse to emphasize the duty of the king to punish the impious.101 In his De regis persona, a mirror of princes probably written for Charles the Bald around 870, Hincmar again cited DDAS to suggest a direct link between the ‘felicitas populi’ and the goodness of the king.102 Another author, Sedulius Scottus, likely wrote his princely mirror De rectoribus Christianis around the same time, also for Charles the Bald. Sedulius may have known and been inspired by DDAS, and his mirror of princes similarly promoted a link between the justice of rulers and the state of the kingdom and the climate without, however, building on the treatise directly.103 tacere non audemus, ut uos, qui ad uindictam malefactorum gladium et regis nomen ac regni regimen rege regum auctore accepistis, non commoneamus, ut eos secundum ministerium vobis a Deo commissum corrigatis’. 100 Hincmar of Rheims, Epistola 135, ed. Perels, MGH Epistolae 8.1, p. 85. 101 Hincmar of Rheims, De Divortio, ed. Böhringer, MGH Concilia 4, Suppl. 1, p. 110: ‘Et sanctus spiritus per beatos uiros Benedictum et Cyprianum confirmat, quia unusquisque rex de omnibus iudiciis suis aequissimo iudici deo rationem reddet in die iudicii et pro tantis rationem reddet, quantos sub cura sua habuerit, sine dubio addita et animae suae. Et, sicut in throno hominum primus constitutus est, nisi se et sibi commissos bene rexerit, quantum cum dei adiutorio preualuerit, omnes quoscumque peccatores sub se in praesenti saeculo habuit, supra se modo plagali in illa futura poena habebit’; trans. by West and Stone, Divorce, p. 90. 102 Note the title above the excerpt: ‘Quod populi felicitas sit rex bonus, infelicitas rex malus’: Hincmar, De regis persona, PL, 125, 833–856, here 835B. 103 Sedulius went back directly to classical sources (unlike Hincmar, whose reception of Cicero and other authors was mediated by patristic texts), but his conception of justice appears to be primarily indebted to Irish notions of ‘cosmological’ royal justice: Anton, ‘Königsvorstellungen’,

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This cosmological notion of kingship visible in Hincmar’s and Sedulius’s writings around 870 appears to have largely disappeared from Charles the Bald’s court circle soon afterwards. In his later writings, Hincmar put even greater stress on the importance of royal correctio and promoted a more Augustinian conception of the sins of those in power.104 From 871 onwards, Hincmar almost wholly ceased citing the ninth abuse in full, leaving out the effects of good and just rule when citing parts of the ninth abuse of DDAS in most of his works written up to his death in 882.105 When Hincmar cited DDAS in his De institutione regia (880) and De Ordine Palatii (882), he built on the treatise to describe the duty of the king to be a corrector.106 The ruler’s failure to follow the admonition of DDAS did not, however, as implied by the citation of the full ninth abuse in many of Hincmar’s earlier writings, lead to disasters of a cosmological nature. In his De ordine palatii, Hincmar appears to have pointedly modified the warning in DDAS to the unjust king, emphasizing the duty of the king to correct, while tying this to his personal salvation. Where the ninth abuse of DDAS ends with the warning that the king ‘in this life, as many transgressors as he permitted to have under him, he shall be punished commensurately, in atonement, in the world to come’, Hincmar modifies this into a punishment in the afterlife for the king if he specifically fails to ‘correct’ himself and those sinners placed under him.107 The sinfulness of a king no longer directly endangered the regnum at large; rather, by failing to correct his subjects the king above all threatened the salvation of his own soul.108 Hincmar’s shift away from the cosmological effects of royal iustitia and sin towards a stronger focus on correctio could well have been politically expedient. Right at the time that Hincmar appears to have started to focus more on the duty of the king to correct, and move away from the notion that pp. 278–280; Davies, ‘A Carolingian or Hibernian Mirror?’, esp. pp. 42–44; Sedulius Scottus, De rectoribus, ed. Hellmann, 1, p. 73; see also the argument on Sedulius and his role in the later influence of DDAS by Anton, ‘Pseudo-Cyprian’, p. 611. 104 On Hincmar’s notions of justice and their relation to Augustine’s works see Mösch, Augustine and the Art of Ruling, here esp. pp. 193, 199. 105 Anton, ‘Pseudo-Cyprian’, p. 613. 106 Hincmar of Rheims, De institutione regia, PL, 125, 989–994, here 991B; Hincmar’s version of DDAS, 9, uses the phrase corrector rather than rector, as discussed by Mews and Joyce, chap. 1, p. 58 above. 107 Hincmar of Rheims, De ordine palatii, ed. Gross and Schieffer, MGH Fontes iuris, 3, p. 52: ‘Et sciat, quod, sicut in principatu hominum primus constitutus est, ita, quoscunque peccatores sub se in praesenti habuit, nisi se et illos correxerit, supra se modo plagali in illa futura poena habebit’; cf. DDAS, 9, ed. Hellmann, p. 53: ‘Attamen sciat rex quod sicut in throno hominum primus constitutus est, sic et in poenis, si iustitiam non fecerit, primatum habiturus est’. 108 On this Augustinian feature of Hincmar’s thought see Mösch, Augustine and the Art, p. 193.

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royal sins would lead to natural disasters and other misfortunes, Hincmar and Charles found themselves on the same side in a thorny conflict with Hincmar’s nephew, also called Hincmar, the bishop of Laon.109 What started as a royal enquiry into the latter apparently having deprived some of their benefices would eventually escalate into a conflict over the loyalty due by the bishop to both his archbishop (Hincmar) and his king (Charles). In 871 the bishop of Laon was accused of sedition and deposed. For Hincmar, it would certainly have made sense to support the authority of a king as a corrector of the wicked at this time.110

DDAS as Carolingian justice This same context points, I suggest, to another development in how DDAS was used in the kingdom of Charles the Bald. The treatise was no longer only used to admonish kings, but began to be wielded by the king himself to support his own authority. At the same time, both Charles and Hincmar tried to associate the treatise with a tradition of Frankish kingship. That Charles was himself receptive to the model of the king as a corrector as promoted by Hincmar in his later writings is, first of all, suggested by a letter written under his name to Pope Hadrian II, also dated to 871. The king sought to redistribute some of the benefices belonging to the see of Laon after having accused Hincmar’s nephew of sedition. The pope tried to intervene on behalf of the bishop of Laon. In an earlier letter, he had written to Charles to ask the king to ensure that the bishop of Laon’s lands would remain intact, so that the prelate could travel to Rome and plead his case there. In his reply, Charles asked ironically where the ‘dictator’ of the pope’s letter had found it written that a king, who is a ‘[…] corrector iniquorum, the punisher of guilty persons […] and avenger of crimes, should send a convicted criminal to Rome’.111 While Hincmar certainly also had a role in the writing of this letter, Janet Nelson has made a convincing case for Charles the Bald himself actually having been the dictator of the letter to the pope.112 The notion of the king as 109 Stone, ‘Hincmar’s World’, p. 17; Kleinjung, ‘To Fight with Words’. 110 Cf. Anton, ‘Pseudo-Cyprian’, p. 614. 111 Hartmann, ed., MGH Concilia, 4, p. 537 (trans. by Nelson in ‘Charles the Bald and Sovereignty’, p. 30): ‘Sed valde mirati sumus, ubi hoc dictator epistolae nobis per Actardum episcopum delatae scriptum invenerit esse apostolica auctoritate praecipiendum, ut rex corrector iniquorum et districtor reorum ac secundum leges ecclesiasticas atque mundanas ultor criminum, reum legaliter ac regulariter pro excessibus suis damnatum sua fretum potentia Romam dirigat […].’ 112 Nelson, ‘Charles the Bald and Sovereignty’, pp. 32–33.

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a corrector iniquorum was very likely culled from Hincmar’s copy of DDAS: while Class 1 manuscripts of DDAS write of the king as a rector iniquorum, Hincmar’s version of the text rendered this as ‘corrector iniquorum’.113 This model of the just king as a punisher of the wicked as laid out in the ninth abuse of DDAS was, it seems, internalized by Charles. Charles again wielded DDAS at an 873 meeting in Quierzy, where he promulgated various decrees in response to a simmering uprising centring around his rebellious son Carloman. Noting that he had heard that ‘malefici homines’ were rising up throughout the regnum, Charles ordered his counts to find and arrest the rebels. In support of his decree, he built on DDAS: as ‘holy men’ had written, it was the ministerium of the king to ‘rout the ungodly from the land, to permit no parricide or perjurer to live’.114 Both Charles and Hincmar appear to have embedded this use of DDAS to promote the king as a corrector of the wicked into a tradition of Frankish kingship. In his letter to the pope, Charles stressed the need to follow the traditions of Frankish kings, ‘born of royal stock’, and all other laws of ‘emperors and kings who are our predecessors’.115 Looking back at the 873 Quierzy meeting at which Charles invoked DDAS in support of his decree against the rebels centring around his son, Hincmar similarly stressed that Charles had continued the traditions of his predecessors; in his Annales, Hincmar stated that ‘according to the custom of his predecessors and his ancestors, Charles promulgated laws relevant to the peace of the Church and the internal strengthening of the realm’.116 What became of DDAS in this tradition of Carolingian kingship promoted by Hincmar and Charles in the decades that followed, after the dissolution of the Carolingian Empire in 888? Looking at citations of DDAS: surprisingly little. Post-Carolingian rulers and bishops appear to have barely taken account of the treatise throughout the tenth century. At the Council of Trosly in 909, bishops of the West Frankish kingdom still made extensive implicit and explicit use of the ninth abuse of the rex iniquus, developing 113 See for example Hincmar, Epistola 135, ed. Perels, MGH Epistolae, 8.1, p. 85 (‘regem non iniquum, sed correctorum iniquorum esse oportet’); De regis persona, PL, 125, 850C (‘Regem iniquorum correctorem esse oportere’) and 850D (‘Regem correctorem iniquorum esse oportet’); De diuortio, ed. Böhringer, MGH Concilia, 4, p. 259 (‘Etenim regem non iniquum, sed correctorem iniquorum esse oportet’). 114 Capitularia, ed. Boretius and Krause, MGH Capitularia, 2, p. 345; trans. Breen, p. 403. 115 Hartmann, ed., MGH Concilia, 4, Suppl. 1, p. 541, for context still Nelson, ‘Charles the Bald and Sovereignty’, p. 30. 116 Annales Bertiniani, a. 873 ed. Grat, Vielliard, and Clémencet, Annales de Saint-Bertin, p. 189: ‘[…] secundum morem praedecessorum ac progenitorum suorum, leges paci Ecclesiae et regni soliditati congruas promulgavit’; trans. Nelson, The Annals of St-Bertin, p. 180.

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a kind of Fürstenspiegel for their king, Charles the Simple.117 After the Council of Trosly, DDAS appears to have, for a time, no longer been used in admonition of kings even when this seems very expected. Bishop Rather of Verona knew the treatise, but in his Praeloquia (930s)—in large part a rather polemical Fürstenspiegel aimed at the (non-Carolingian) King Hugh of Italy—he does not cite the ninth abuse at all (only that of the ‘woman without prudence’).118 The next surviving text in which DDAS is used dates from around the turn of the first millennium, when Abbo of Fleury cited the ninth abuse in his Collectio Canonum. An explanation for this rather sudden loss of popularity of DDAS in writing about royal justice in tenth-century Francia can perhaps be found in the development of a ‘sense of distance’ from the Carolingian past in this time.119 As Simon MacLean has suggested, this was ‘a political world where belonging to the dynasty of Charlemagne had lost its hegemonic significance, however loudly it was proclaimed’.120 It is notable that the tenth-century invocation of the Twelve Abuses at the Council of Trosly in 909 took place under a ruler who—unlike most other tenth-century Frankish kings—was able and sought to draw some authority from his lineage to the Carolingians. Yet Charles the Simple was, as MacLean has fittingly noted, a ‘Carolingian marooned in a post-Carolingian political world’.121 Other, non-Carolingian kings were unable or perhaps unwilling to draw authority from texts like DDAS that had in the decades before became part of a tradition of ‘Carolingian justice’. When Abbo introduced DDAS to his own king, Robert II (r. 996–1031) around the year 1000, he left out the attribution to Cyprian. Instead, he invokes the ninth abuse simply as an excerpt taken from the acts of a council held at the time of ‘Charles and his son Louis’.122 Tellingly, Abbo did so at a time where other authors like Adelbero of Laon sought to promote the image of their king as a ‘Charlemagne […] a truer protector of tradition than the last Carolingian kings’.123 By this time, it again become an appealing text 117 Concilium Trosleianum, ed. Hartmann, MGH Concilia, 5, pp. 507, 510–511. 118 Rather of Verona, Praeloquia, ed. Reid, p. 56. 119 MacLean, ‘Carolingian Past’, p. 11. 120 Ibid. 121 Ibid. 122 Abbo of Fleury, Collectio Canonum, PL, 139, 477B–477D: ‘Sed de externis quid loquor, et loquendo immoror, cum ad dispensationem reipublicae et utilitatem ecclesiarum tanta fuerit pietas ac prudentia Caroli, et filii eius Ludovici? Certe utrique pro tempore ac ratione noverant parcere subiectis et debellare superbos. Unde ex libris, qui ex conciliis sui temporis effecti sunt cum subiectione episcoporum, quanta facile est reperiri […].’ 123 Dunbabin, France in the Making, p. 134.

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because of the rise of what is perhaps best called ‘Carolingian conservatism’ at Robert’s court.124

Conclusion An originally Irish text at times attributed to St Patrick had, to Abbo, become the precepts of the bishops of two long-dead Carolingian kings. Parts of the same abuse of the rex iniquus, transmitted indirectly through Hibernensis, were wielded by Cathwulf and other insular scholars around two centuries before not only to admonish, but also to flatter—perhaps with an interest of, first and foremost, securing royal patronage. Under Louis the Pious, the treatise began to be associated with Cyprian, and appears to have fittingly described the duties of kings and bishops, conditioned by general concerns about sin and pollution. After the death of Louis the Pious, Hincmar wielded the treatise with an increasing focus on the duty of the king to correct himself and his subjects. Eventually, his king appears to have begun to wield parts of DDAS to his own ends, and, together with Hincmar, embedded it into a tradition of quintessentially ‘Carolingian’ kingship. Paradoxically, however, the extensive use made by Charles and particularly Hincmar of DDAS made it less useful to following generations at the same time as it defined how the tract was contextualized in post-Carolingian Europe. This treatise now too belonged to a bygone Carolingian past. Flodoard’s at first sight rather peculiar and very possibly accidental attribution of DDAS to Hincmar of Rheims was thus less out of place than it might seem. Like many other post-Carolingian authors, he thought of DDAS as an essentially Carolingian text.

Bibliography Manuscripts Paris, BnF, MS lat. nouv. acq. 1632. St Gall, SB, MSS 89, 150, 277, 570 Vatican, BAV, MS Pal. lat. 973.

124 The term ‘Carolingian conservatism’ is that of Dunbabin, ibid.

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Primary sources Abbo of Fleury, Collectio Canonum, PL, 139, 471–508. Alcuin, Epistolae, ed. by Ernst Dümmler, MGH Epistolae, 4 (Berlin: Weidmann, 1895). Annales Bertiniani, ed. by Félix Grat, Janne Vielliard, and Suzanne Clémencet, with introduction and notes by Léon Levillain, Annales de Saint-Bertin, Société de l’histoire de France. Série antérieure à 1789, 470 (Paris: Klincksieck, 1964). Annals of St. Bertin, trans. by Janet Nelson (Manchester: Manchester University Press, 1991). Boniface, Epistolae, ed. by Michael Tangl, MGH Epistolae selectae, 1 (Berlin: Weidmann, 1916), pp. 1–289. Boniface [Pseudo-], Sermones, PL, 89, 843–871. Capitularia regum Francorum, 2, ed. by A. Boretius and V. Krause, MGH Capitularia, 2, (Hannover: Hahn, 1897). Cathwulf, Epistola ad Carolum, ed. by Ernst Dümmler, MGH Epistolae, 4 (Berlin: Weidmann, 1895), pp. 502–505. Charlemagne, Ad Ghaerbaldum Episcopum Epistola, ed. by Alfred Boretius, MGH Capitularia regum Francorum, 1 (Hannover: Hahn, 1883), no. 124, pp. 245–246. Charles the Bald, Drei Briefe Karls des Kahlen an Papst Hadrian III, ed. by Wilfried Hartmann, MGH Concilia aevi Karolini, 4 (Hannover: Hahn, 1998), pp. 528–547. Concilium Parisiense (829), ed. by Albert Werminghoff, MGH Concilia aevi Karolini, 2 (Hannover: Hahnsche Buchhandlung, 1908), pp. 605–680. Concilium Trosleianum (909), ed. by Wilfried Hartmann, MGH Concilia aevi Karolini, 5 (Hannover: Hahnsche Buchhandlung, 2012), pp. 502–562. Cyprian, De opere et eleemosynis, ed. by Manlio Simonetti, CCSL, 3A (Turnhout: Brepols, 1976). De disciplina principum, ed. by Rudolf Schieffer, ‘Zwei karolingische Texte über das Königtum’, Deutsches Archiv für Erforschung des Mittelalters, 46 (1990), 1–17. Epistola Gregorii papae IV ad episcopos regni Francorum, ed. by Ernst Dümmler, MGH Epistolae, 5 (Berlin: Weidmann, 1899), pp. 228–232. Epistola synodi Carisiacensis ad Hludowicum regem Germaniae directa, ed. by Wilfried Hartmann, MGH Concilia aevi Karolini, 3 (Hannover: Hahnsche Buchhandlung, 1984), pp. 403–427, trans. by Charles West and others, The Quierzy Letter of 858 [http://hincmar.blogspot.com/2018/02/the-quierzy-letter-of-858. html (accessed 23.06.2021)]. Flechner, Roy, ed. and trans., The Hibernensis, 2 vols, Studies in Medieval and Early Modern Canon Law (Washington, DC: Catholic University of America Press, 2019).

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Flodoard of Rheims, Historia Remensis Ecclesiae, ed. by Martina Stratman, MGH Scriptores, 36 (Hannover: Hahn, 1998). Formulae Salzburgenses, ed. by Bernhard Bischoff, Salzburger Formelbücher und Briefe aus Tassilonischer und Karolingischer Zeit, Sitzungsberichte der Bayerischen Akademie der Wissenschaften. Philosophisch(-philologisch)-historische Klasse, 4 (Munich: Beck, 1973), pp. 30–61. Grimald, Breviarium Librorum, ed. by Gustav Becker, Catalogi bibliothecarum antiqui (Bonn: Cohen , 1885), pp. 48–58. Halitgar of Cambrai, Liber poenitentialis (extracts), ed. by Hermann J. Schmitz, Die Bussbücher und die Bussdisciplin der Kirche: Nach handschriftlichen Quellen dargestellts (Mainz: Kirchheim, 1883), pp. 471–489, 721–733; (Dusseldorf: L. Schwann, 1898), pp. 264–300. Hincmar of Rheims, De divortio Lotharii regis et Theutbergae reginae, ed. by Letha Böhringer, MGH Concilia, 4 (Hannover: Hahnsche Buchhandlung, 1992). Hincmar of Rheims, De institutione regia, PL, 125, 989–994. Hincmar of Rheims, De ordine palatii, ed. by Thomas Gross and Rudolf Schieffer, MGH Fontes iuris, 3 (Hannover: Hahn, 1980). Hincmar of Rheims, De regis persona, PL 125, 833–856. Hincmar of Rheims, trans. by Charles West and Rachel Stone, The Divorce of King Lothar and Queen Theutberga: Hincmar of Rheims’s De divortio (Manchester: Manchester University Press, 2017). Hincmar of Rheims, Epistola 126 (Continuatio), ed. by Thomas Gross, ‘Das unbekannte Fragment eines Briefes Hinkmars von Reims aus dem Jahre 859’, Deutsches Archiv für Erforschung des Mittelalters, 32 (1976), 187–192. Hincmar of Rheims, Epistolae, ed. by Ernst Perels, MGH Epistolae, 8.1 (Berlin: Weidmann, 1939). Jerome, Commentarii in Ezechielem, ed. by F. Glorie, CCSL, 75 (Turnhout: Brepols, 1964). Jonas of Orleans, De institutione regia, ed. by Alain Dubreucq, Le métier de roi, SC, 407 (Paris: Ed. du Cerf, 1995). Julianus Pomerius, The Contemplative Life, trans. by Mary J. Suelzer (Westminster: Newman Bookshop, 1947). Julianus Pomerius, De vita contemplativa, PL, 59, 411–520. Nithard, Historiarum libri quattuor, ed. by Philippe Lauer and Sophie Glansdorff, Histoire des fils de Louis le Pieux, Classiques de l’histoire de France au Moyen Âge, 51 (Paris: Les Belles Lettres, 2012). Paschasius Radbertus, Epitaphium Arsenii, ed. by Ernst Dümmler (Berlin: Verlag der Königlichen Akademie der Wissenschaften, 1900), trans. by Mayke de Jong and Justin Lake, Confronting Crisis in the Carolingian Empire: Paschasius Radbertus’ Funeral Oration for Wala of Corbie (Manchester: Manchester University Press, 2020).

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Rather of Verona, Praeloquia, ed. by Peter L. D. Reid, Ratherii Veronensis Praeloquiorum libri VI, CCCM, 46A (Turnhout: Brepols, 1984). Rufinus of Aquileia, Interpretatio orationum Gregorii Nazianzeni, ed. by August Engelbrecht, CSEL, 46 (Vienna: Verlag der Österreichischen Akademie der Wissenschaften, 1910). Sedulius Scottus, Liber de rectoribus Christianis, ed. by Siegmund Hellmann, Quellen und Untersuchungen zur lateinischen Philologie des Mittelalters, 1.1 (Munich: Beck, 1906).

Secondary sources Anton, Hans Hubert, Fürstenspiegel und Herrscherethos in der Karolingerzeit, Bonner historische Forschungen, 32 (Bonn: Ludwig Röhrscheid, 1968). Anton, Hans Hubert, ‘Königsvorstellungen bei Iren und Franken im Vergleich’, in Das frühmittelalterliche Königtum: Ideelle und religiöse Grundlagen, ed. by Franz-Reiner Erkens, Ergänzungsbände zum Reallexikon der germanischen Altertumskunde, 49 (Berlin: de Gruyter, 2012), pp. 270–330. Anton, Hans Hubert, ‘Pseudo-Cyprian, De duodecim abusivis saeculi und sein Einfluß auf den Kontinent, insbesondere auf die karolingischen Fürstenspiegel’, in Die Iren und Europa im früheren Mittelalter, ed. by Heinz Löwe, 2 vols (Stuttgart: Klett-Cotta, 1982), II, pp. 568–617. Davies, Lunet M., ‘Sedulius Scottus: Liber de rectoribus Christianis, A Carolingian or Hibernian Mirror for Princes?’, Studia Celtica, 26/27 (1991/1992), 34–50. Dunbabin, Jean, France in the Making 843–1180 (Oxford: Oxford University Press, 2000). Enright, Michael J., Iona, Tara, and Soissons: The Origin of the Royal Anointing Ritual (Berlin: de Gruyter, 1985). Enright, Michael J., ‘On the Unity of De Regno 1.4 of the Hibernensis: The First Royal Anointing Ordo’, Frühmittelalterliche Studien, 48 (2015), 207–236. Evans, Robert A. H., ‘God’s Judgement in Carolingian Law and History Writing’, Studies in Church History, 56 (2020), 60–77. Fouracre, Paul J., ‘Carolingian Justice: The Rhetoric of Improvement and Contexts of Abuse’, in La giustizia nell’alto Medioevo (secoli V–VIII), Settimane di studio del Centro italiano di studi sull’alto medioevo, 42 (Spoleto: Centro italiano di studi sull’alto Medioevo, 1995), pp. 771–803. Garrison, Mary, ‘The Franks as the New Israel? Education for an Identity from Pippin to Charlemagne’, in The Uses of the Past in the Early Middle Ages, ed. by Yitzhak Hen and Matthew J. Innes (Cambridge: Cambridge University Press, 2000), pp. 114–161.

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Hen, Yitzhak, ‘The Annals of Metz and the Merovingian Past’, in The Uses of the Past in the Early Middle Ages, ed. by Yitzhak Hen and Matthew J. Innes (Cambridge: Cambridge University Press, 2000), pp. 175–190. Hen, Yitzhak, ‘Canvassing for Charles: The Annals of Metz in late Carolingian Francia’, in Zwischen Niederschrift und Wiederschrift: Hagiographie und Historiographie im Spannungsfeld von Kompendienüberlieferung und Editionstechnik, ed. by Richard Corradini (Vienna: Verlag der Österreichischen Akademie der Wissenschaften, 2010), pp. 139–146. Jong, Mayke de, Epitaph for an Era: Politics and Rhetoric in the Carolingian World (Cambridge: Cambridge University Press, 2020). Jong, Mayke de, The Penitential State: Authority and Atonement in the Age of Louis the Pious, 814–840 (Cambridge: Cambridge University Press, 2011). Kautz, Michael, Bibliothek und Skriptorium des ehemaligen Klosters Lorsch: Katalog der erhaltenen Handschriften, 2 vols (Wiesbaden: Harrassowitz Verlag, 2016). Kleinjung, Christine, ‘To Fight with Words: The Case of Hincmar of Laon in the Annals of St-Bertin’, in Hincmar of Rheims: Life and Work, ed. by Rachel Stone and Charles West (Manchester: Manchester University Press, 2015), pp. 60–75. Laehrs, Gerhard, ‘Ein karolingischer Konzilsbrief und der Fürstenspiegel Hincmars von Reims’, Neues Archiv der Gesellschaft für ältere deutsche Geschichtskunde, 50 (1935), 106–134. Leontidou, Eleni, ‘Episcopal Identity, Penance and the Carolingian Crisis of 833: Constructing and Re-Constructing Collections of Texts in Ninth-Century St Gall’, Revue Bénédictine, 129 (2019), 143–167. Leyser, Karl, review of Michael J. Enright, Iona, Tara, and Soissons: The Origin of the Royal Anointing Ritual (1985), Speculum, 65 (1990), 149–150. MacLean, Simon, ‘The Carolingian Past in Post-Carolingian Europe’, in The Making of Europe: Essays in Honour of Robert Bartlett, ed. by John Hudson and Sally Crumplin (Leiden: Brill, 2016), pp. 11–31. Meeder, Sven, The Irish Scholarly Presence at St. Gall: Networks of Knowledge in the Early Middle Ages (London: Bloomsbury, 2020). Meens, Rob, ‘Boniface: Preaching and Penance’, in A Companion to Boniface, ed. by Michel Aaij and Shannon Godlove, Brill’s Companions to the Christian Tradition, 92 (Leiden: Brill, 2020), pp. 201–218. Meens, Rob, ‘Christianization and the Spoken Word: The Sermons Attributed to St. Boniface’, in Zwischen Niederschrift und Wiederschrift: Hagiographie und Historiographie im Spannungsfeld von Kompendienüberlieferung und Editionstechnik, ed. by Richard Corradini, Max Diesenberger, and Meta Niederkorn-Bruck, Denkschriften. Österreichische Akademie der Wissenschaften, PhilosophischHistorische Klasse 405: Forschungen zur Geschichte des Mittelalters, 18 (Vienna: Austrian Academy of Sciences Press, 2010), pp. 211–222.

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Meens, Rob, ‘Politics, Mirrors of Princes and the Bible: Sins, Kings and the Well-Being of the Realm’, Early Medieval Europe, 7 (2003), 345–357. Moore, Michael Edward, ‘La monarchie carolingienne et les anciens modèles irlandais’, Annales: Histoire, Sciences Sociales, 51 (1996), 307–324. Moore, Michael Edward, A Sacred Kingdom: Bishops and the Rise of Frankish Kingship, 300–850 (Washington, DC: Catholic University of America Press, 2013). Mösch, Sophia, Augustine and the Art of Ruling in the Carolingian Imperial Period: Political Discourse in Alcuin of York and Hincmar of Rheims (London: Routledge, 2020). Nelson, Janet L., ‘“Not Bishops’ Bailiffs but Lords of the Earth”: Charles the Bald and the Problem of Sovereignty’, Studies in Church History Subsidia, 9, The Church and Sovereignty c. 590–1918 (Cambridge: Cambridge University Press, 1991), pp. 23–34. Nelson, Janet L., ‘Violence in the Carolingian World and the Ritualization of NinthCentury Warfare’, in Violence and Society in the Early Medieval West, ed. by Guy Halsall (Rochester, NY: Boydell, 1997), pp. 90–107. O’Connor, Ralph, The Destruction of Da Derga’s Hostel: Kingship and Narrative Artistry in a Mediaeval Irish Saga (Oxford: Oxford University Press, 2013). Patzold, Steffen, ‘Eine “loyale Palastrebellion” der “Reichseinheitspartei”?: Zur “Divisio imperii” von 817 und zu den Ursachen des Aufstands gegen Ludwig den Frommen im Jahre 830’, Frühmittelalterliche Studien, 40 (2006), 43–77. Renswoude, Irene van, The Rhetoric of Free Speech in Late Antiquity and the Early Middle Ages, Cambridge Studies in Medieval Life and Thought (Cambridge: Cambridge University Press, 2021). Roberts, Edward, Flodoard of Rheims and the Writing of History in the Tenth Century (Cambridge: Cambridge University Press, 2019). Schmitz, Gerhard, ‘Bonifatius und Alkuin: Ein Beitrag zur Glaubensverkündigung in der Karolingerzeit’, in Alkuin von York und die geistige Grundlegung Europas: Akten der Tagung vom 30. September bis zum 2. Oktober 2004 in der Stiftsbibliothek St. Gallen, ed. by Ernst Tremp and Karl Schmuki (St. Gallen: Verlag am Klosterhof, 2010), pp. 73–89. Schmoeckel, Mathias, ‘Rex erit qui recte faciet: Die Entstehung der Idee von der Gerechtigkeit des Königs als Grundlage der Gesellschaft’, in Wilhelm Levison (1876-1947): Ein jüdisches Forscherleben zwischen wissenschaftlicher Anerkennung und politischem Exil, ed. by Matthias Becher and Yitzhak Hen (Siegburg: Thorbecke, 2010), pp. 55–92. Semmler, Josef, Der Dynastiewechsel von 751 und die fränkische Königssalbung (Düsseldorf: Droste, 2003). Stone, Rachel, ‘Introduction: Hincmar’s World’, in Hincmar of Rheims: Life and Work, ed. by Rachel Stone and Charles West (Manchester: Manchester University Press, 2015), pp. 1–43.

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Story, Joanna E., ‘Cathwulf, Kingship, and the Royal Abbey of Saint-Denis’, Speculum, 74 (1999), 1–21. Veronese, Francesco, ‘Jonas of Orleans’, in Great Christian Jurists and Legal Collections in the First Millennium, ed. by P. L. Reynolds (Cambridge: Cambridge University Press, 2019), pp. 413–428.

About the author Jelle Wassenaar is Wissenschaftlicher Mitarbeiter at the Friedrich-Alexander-Universität Erlangen-Nürnberg (Germany). He is interested in early medieval group identities, episcopal culture, and social history. Currently he is finishing a dissertation on group belonging and urban ideology in post-Carolingian Europe.

5

The Unjust King and the Negligent Bishop Addressing Injustice in Eleventh and Twelfth-Century England and Germany Ryan Kemp

Abstract The De XII abusiuis saeculi was a popular text in the twelfth century, cited by, among others, Adelard, Ivo of Chartres, Gratian, and the Corpus iuris canonici, and found within many manuscripts. The treatise is well represented in medieval library catalogues: several copies circulated in twelfth-century England and it was cited by opponents of Henry IV during the Investiture Contest. This chapter examines its influence on contemporary political debates in twelfth-century England and Germany, two realms (and a period), usually better known for the growth of royal government, and of the supposed separation of Church and State, than the persistence of early medieval, classical, and patristic ideas, embodied in the Abuses. Keywords: Abuses, investiture conflict, kingship, Holy Roman Empire, Pope Gregory VII, Henry IV

The influence of the De XII abusiuis saeculi on ideas of royal and episcopal office in eleventh- and twelfth-century England and Germany has received surprisingly little attention. This has been the case in spite of the large number of manuscripts, surviving in both realms, and the efforts made by historians of earlier periods to establish the influence of the ninth abuse upon the political thought of both Carolingian Europe and pre-conquest England. In this chapter, my analysis of DDAS’s influence proceeds in three stages. In the first section, I explore how certain phrases, some of them

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch05

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scriptural in origin, found in the ninth and tenth abuses (the rex iniquus and the episcopus neglegens respectively) appeared to resonate with eleventhand twelfth-century writers when they turned to the subject of royal and episcopal power, though not always in the sense found in DDAS. From the ninth abuse, I examine the formulation of the scriptural injunctions to protect strangers, orphans, and widows (aduenis et pupillis et uiduis defensor esse) as well as to judge without respect of persons (sine acceptione personarum). The royal obligation to protect those vulnerable groups has been harnessed as a litmus test for the presence of DDAS’s influence. As we will see, such an argument holds only limited justification. Turning to the tenth abuse, I explore the episcopal duty to correct sin and the circumstances in which that admonition should take place; both subjects raised by DDAS through its combination of two passages from the books of Ezekiel and Matthew. I also discuss the relevance of the fifth abuse (the femina sine pudicitia) to portrayals of royal and episcopal behaviour. In the second part of the chapter, I turn to how the influence of DDAS has been discussed in relation to the Investiture Contest. Here, I argue that DDAS’s influence on ideas of kingship should not be determined by the presence of passages which formed only part of the ninth chapter’s overall message. I then proceed, in the third section, to examine several representations of kings more in keeping with DDAS’s rather peculiar stress on the cosmological consequences of royal virtue and sin. Finally, I return to the difficulties raised by disentangling the influence of DDAS on high medieval political thought, concluding that the very similarities of the ninth and tenth abuse to previous patristic discussions of royal and episcopal office may have bolstered the popularity of this most complex and intricate of texts.

Strangers, orphans, and widows The protection of strangers, orphans, and widows had always been a mandate of Jewish Law and originally a communal responsibility. 1 In DDAS, it features as one of the more specific demands made of kings. Wipo, chaplain to the German king and later emperor, Conrad II (r. 1024–1039), painted a vivid picture of how his royal master had fulfilled this obligation at the very onset of his reign. At the king’s coronation, the archbishop of Mainz had set out the tenets of good kingship in a manner reminiscent of DDAS. 1

Deut. 10. 18; 14. 29; 16. 11, 14; 24. 17–21; 26. 12–13; 27. 19 and the references compiled below.

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Royal authority had been granted to Conrad from God. If Conrad was foolish enough to pollute that authority through sinful behaviour, by the vices typical of the rex iniquus, the morals of his people would be likewise polluted. God therefore desired the king to render justice and to act as the defender of churches, widows, and orphans; only such virtuous conduct would see his throne secured. Wipo, shifting around the chronological sequence of events, then demonstrated how Conrad had, in fact, anticipated the archbishop’s sermon. The new ruler had carried out these acts of royal virtue before receiving the archiepiscopal admonitio. En route to the coronation site, Conrad, hearing the desperate entreaties of an orphan, a widow, and a poor man, had turned aside to render them justice. When pressed by his nobles to hurry, Conrad had instead insisted on delay: to do otherwise, he informed his lay companions, would render him unworthy of his royal office. Far better, he claimed, to act with virtue rather than merely hear tales of it.2 Wipo’s portrayal of Conrad acting in this manner was a chronologically inventive description of a far more widespread and ingrained political assumption. Many authors portrayed the kings of England and Germany fulfilling the same precept. In the same decade (likely the 1040s) that Wipo had probably written the Gesta Chuonradi II imperatoris, Cnut (r. 1016–1035 in England) was described in the Encomium Emmae Reginae in similar terms: a friend and intimate of churchmen, to such a degree that he seemed to bishops to be a brother bishop in his maintenance of perfect religion … He diligently defended wards and widows, he supported orphans and strangers, he suppressed unjust laws and those who applied them, he exalted and cherished justice and equity…3

William of Newburgh, albeit with some reservations, said much the same of Henry II (r. 1154–1189). The Angevin king certainly did not deserve the kind of panegyric awarded to Conrad II or Cnut. Though ‘endowed with many virtues that adorn the person of a king’, William made clear that Henry had also been corrupted by avarice, lust, and an intermittent tendency to persecute the Church. Such vices, more typical of a rex iniquus, had brought about a disastrous end to Henry’s reign and a miserable death. Nonetheless, the king would still win entry to heaven, William surmised, in part because he had ‘displayed great care for orphans, widows, and the poor’ among 2 Wipo, Gesta Chuonradi, ed. Bresslau, pp. 23–26; Wipo, Deeds of Conrad II, trans. Mommsen, pp. 68–69. 3 Encomium Emmae Reginae, ed. Campbell, pp. 36–37.

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other deeds more typical of a just king.4 Henry’s predecessors had, however, required exactly the kind of timely reminders that the archbishop of Mainz had put to Conrad. Perhaps conscious of the wave of violence unleashed by the campaigns of William the Conqueror (r. 1066–1087) in northern England, Pope Alexander II had written to the king in 1071, urging him to: adorn the churches of Christ in your realm with true religion and just government … [and] to defend members of the clergy from injustice, and to protect widows, orphans, and the oppressed, mercifully coming to their succour.5

The Conqueror’s grandson, Stephen of Blois (r. 1135–1154), after less than a year in office, received a similar letter from Pope Innocent II: again, a new king should love men of religion, cultivate peace and justice, and be an ‘anxious consoler of widows and orphans’.6 The protection of these defenceless groups could be regarded as a characteristically royal duty even on those occasions when the obligation itself was delegated to the king’s subjects. Rupert of Deutz claimed that Heribert, archbishop of Cologne (r. 999–1021) had himself been a provider for widows, orphans, and the poor; the prelate had set up a monastery, with the assistance of Otto III (r. 983–1002), for that reason.7 Anno II, archbishop of Cologne, according to his biographer, had admonished Henry III (r. 1028–1056) because the prelate, unlike his royal master, ‘knew the heart of the poor and was a consoler of widows’.8 Other bishops had to move beyond mere admonition. Lampert of Hersfeld described how the patience of the subjects of Henry IV (r. 1054–1105) finally snapped in 1072. They ‘furiously cried out against him because of the injuries and hardships that overwhelmed the innocent everywhere’, with the fate of orphans and widows again highlighted.9 Once 4 William of Newburgh, Historia Rerum Anglicarum, ed. Howlett, i, pp. 280–282 ‘sane idem rex et pluribus quae personam ornarent regiam fuisse noscitur uirtutibus praeditus … Pupillorum, uiduarum, pauperum, in suis praeceptationibus multam curam habuit’. 5 Lanfranc, Letters, ed. Clover and Gibson, no. 7, pp. 60–61. 6 Innocent II, Epistolae, no. 250, PL, 179, 301B: ‘uiduarum et orphanorum propitius consolator’. 7 Rupert of Deutz, Vita Heriberti, ed. Dinter, p. 88. 8 Vita Annonis Minor, ed. Mittler, pp. 16–17: ‘Tum uero pontifex, qui sciret cor pauperis et uidue consolari, tota auctoritate sua utitur in principem uehementi libertate exaggerans, quicquid in equitatis transgressorem foret obiciendum, atque post increpationes dure flagellatum non aliter concessit coronari, quam suis ante manibus triginta et tres argenti libras in pauperes erogasset.’ 9 Lampert of Hersfeld, Opera, ed. Holder-Egger, pp. 134–135: ‘Ubi dum ei populus uehementer obstreperet pro iniuriis et calamitatibus, quibus passim per totum regnum innocentes

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the king placed Anno II in charge, however, the archbishop inflicted a ‘stern application of royal power’ which did not spare even the king’s mightiest subjects if they had dared to oppress the poor.10 In doing so, Lampert argued, ‘you would certainly find it difficult to decide whether he [Anno] was more suited to the title of bishop or that of king’.11 In similar fashion, when Arnold of Selenhofen, later archbishop of Mainz, had cared for widows and orphans as imperial chancellor, his biographer claimed he thus acted ‘like another emperor at the emperor’s side’.12 Even when deputized, pursuing justice for the defenceless in such a manner was judged to be a distinctively royal act.

Addressing injustice sine acceptione personarum When rendering such justice, however, DDAS had stressed that kings should do so sine acceptione personarum, without respect of persons (1 Peter 1. 17). As with the specific obligation to protect widows, orphans, and strangers, this was a popular and widespread sentiment. Aelred of Rievaulx, in his vita of the saint king, Edward the Confessor (r. 1042–1066), praised the ruler for rendering justice to the poor, for pleading impartially for the meek, and for practising no favouritism (nulla apud eum personarum acceptio) when doing so.13 To be seen to act with such distinctively royal virtues was no doubt a priority for those rulers whose legitimacy was in question. The second version of Berthold of Reichenau’s Chronicon described how Rudolf of Rheinfelden, newly elected as anti-king to Henry IV, had been persuaded to hear the complaints of his new subjects in Saxony, rather than to move immediately and directly against his tyrannical opponent. Having first received a reception worthy of a king, Rudolf then acted as one: he made judgements, in line with Saxon law, absque acceptione personarum. This severe exercise of justice represented a marked contrast with the behaviour obprimebantur, pupilli et uiduae diripiebantur …’; Lampert of Hersfeld, Annals, trans. Robinson, pp. 156–157. 10 Lampert of Hersfeld, Opera, ed. Holder-Egger, pp. 134–135: ‘regiam severitatem’. 11 Lampert of Hersfeld, Opera, ed. Holder-Egger, p. 135: ‘Postremo eo moderamine, ea industria atque auctoritate rem tractabat, ut profecto ambigeres, pontificali eum an regio nomine digniorem iudicares…’; Lampert of Hersfeld, Annals, trans. Robinson, pp. 156–157. 12 Vita Arnoldi, ed. Burkhart, pp. 56–57: ‘quasi alter imperator in latere imperatoris’. Arnold had been made chancellor by King Conrad III in 1151, cf. p. 56, n. 33. 13 Aelred of Rievaulx, Vita sancti Aedwardi, PL, 195, 745C: ‘Nulla apud eum personarum acceptio, sed iudicabat in iusticia pauperes et arguebat in aequitate pro mansuetis terrae’; Aelred of Rievaulx, Historical Works, trans. Freeland, p. 142.

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of his opponent, a king in name rather than in deed.14 When Lampert of Hersfeld described Anno of Cologne’s quasi-royal exercise of justice, on Henry IV’s behalf during the latter’s minority, the chronicler similarly claimed that the archbishop ‘could never be led away by friendship or hatred… but judged all cases, as is written, without respect of persons’.15 More often, however, the phrase does not appear in the context and sense used by DDAS, that is, in relation to royal justice. The notion that one should judge without favouritism (sine acceptione personarum) appears more often in association with the inverse of the tenth abuse (the episcopus neglegens): those bishops who had not neglected their duty to correct the wicked. In his Gesta regum Anglorum, William of Malmesbury departed from his central theme in order to repeat a story from Cologne, apparently popular among the locals. This concerned a clash between, on the one hand, an unnamed archbishop, famous for excommunicating evildoers ‘without any respect of persons’, and, on the other, a young woman from a local convent. Her ‘alluring person and obliging readiness to talk to everybody’ was reminiscent of the fifth abuse of DDAS, the woman without shame ( femina sine pudicitia). This woman, driven by ‘lack of shame… fired by plenty of money and by ancient lineage’, and her lover, were promptly excommunicated by the archbishop, who turned a deaf ear to the entreaties of both the local abbess and the man’s relatives.16 It was judged particularly important that such bold correction, without regard for status, took place in those dark days when royal courts were themselves threatened by a lack of pudicitia. In the Gesta regum’s companion work, the Gesta pontificum, Malmesbury used similar language to describe the wonderful boldness of Frederick, bishop of Utrecht (r. 815/816–834/838) at the Carolingian court of Louis the Pious (r. 813–840). The emperor had invited Frederick to fulfil the duties of the office to which he had been newly appointed: a bishop, Louis reminded Frederick, ‘mindful of his recent profession… should speak the truth without respect of persons’. Louis was treated to a dramatic display of the dangers entailed in getting what you wish for. The bishop castigated the emperor for his ‘incestuous marriage’ with Judith (d. 834). The sinful behaviour of Louis threatened to spread and pollute his subjects by association, with the 14 Bertholds und Bernolds Chroniken, ed. Robinson, pp. 164–165. 15 Lampert of Hersfeld, Opera, ed. Holder-Egger, p. 135: ‘ille nec gratia cuiusquam nec odio ab iure ad iniuriam unquam abduci poterat, sed iudicabat omnia, sicut scriptum est, sine personarum acceptione, nec considerans personam pauperis in iudicio nec honorans uultum potentis’; Lampert of Hersfeld, Annals, trans. Robinson, pp. 156–157. 16 William of Malmesbury, Gesta regum, ed. Mynors, i, pp. 298–299.

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emperor himself compared to the head of a fish whose rot might spread throughout the entire body politic.17 Bishops were also expected to render justice in their own courts with a similar indifference to the status of those whom they corrected. Eadmer of Canterbury painted a damning portrait of the court of Pope Urban II when he claimed that, during Anselm’s stay there, ‘the majesty of the Pope had given access to the rich; the humanity of Anselm received all without any acceptance of persons’.18 Another close confidant and biographer of an archbishop of Canterbury, Herbert of Bosham, described Thomas Becket’s virtues as a judge in similar terms. Becket, Herbert concluded, had always acted ‘with the greatest justice and sincerity, without any respect of persons, without any bribe of money’.19 The correspondence surrounding the Becket dispute featured similar references. In one letter, John of Salisbury vividly described the isolation experienced by the archbishop and his entourage shortly before the martyrdom. Rebuffed by Henry II, John lamented that the archbishop received hardly any visitors from the circles of the rich and the powerful. It was to Becket’s credit that, despite such dismal circumstances, he still held court at Canterbury, dispensing justice ‘with a bishop’s serious care to all who come to him, without distinction of persons and without accepting gifts’.20 Alongside these descriptions of the manner in which episcopal, rather than royal, justice was transacted, the phrase was still more frequently applied by participants to the divine judgements that would eventually be made by God. Becket warned both Pope Alexander III, and his own episcopate, to remember that, amid the earthly vicissitudes of their conflict with the king, they would all soon face a ‘final judgment [when] each of us will be compelled to give an account of his actions without any regard for persons’.21 We will return to the use of this phrase, in such a context, in the final section of this chapter.

Episcopus neglegens We have seen thus far how a phrase, deployed by DDAS in the context of royal justice, was often applied by eleventh and twelfth-century writers 17 William of Malmesbury, Gesta pontificum, ed. Thomson and Winterbottom, i, pp. 14–17. 18 Eadmer, Vita Anselmi, ed. Southern, p. 111. 19 Materials for the History of Thomas Becket, ed. Robertson and Shephard, iii, p. 225: ‘Et iustissime quidem et sincerissime, sine omni acceptione personarum, absque ullo interuentu munerum’. 20 The Letters of John of Salisbury, ed. Mellor and Butler, ii, no. 304, pp. 722–723. 21 Thomas Becket, Correspondence, ed. Duggan, ii, no. 250, pp. 1082–1083, no. 248. pp. 1076–1077.

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to the episcopate instead. If we now turn to the tenth abuse, the episcopus neglegens, we find elements of DDAS’s discussion recurring in contexts far more in keeping with the tract’s original emphasis. The warning found in Ezekiel 3. 17, included in the tenth abuse—that bishops would be held liable for the sins of those they neglected to correct—was a passage of the utmost significance to Thomas Becket, one which was said to have shaped his behaviour towards Henry II. In the first of three increasingly severe letters of rebuke to the king, Becket reflected on his own position, lamenting that he was being crushed, on the one side, between the threat of the king’s anger, and on the other, the greater perils to his soul posed by ignoring Ezekiel’s warning.22 Herbert of Bosham suggested that the archbishop had dwelled upon this very passage before launching his curses of excommunication against the king’s supporters at Pontigny in 1166: no longer patient, now no longer asleep, but rising and shaking himself, as a true son of the discarded… as if he had suddenly been roused and moved by the Lord’s prophetic command to the prophet, ‘And you, son of man, I placed as a watchtower over the house of Israel. If you do not speak to keep the wicked from their evil ways, and the same wicked remain in their iniquity, I will require his blood from your hand.’23

With Becket’s desire to warn and admonish the king, we arrive at a further overlap between the ninth and the tenth abuses. As set out in the ninth abuse, good kings heed the advice of old, wise, and sober counsellors; the rex iniquus, by contrast, only promotes the wicked. Both Walter Map and John of Salisbury noted, in similar fashion, how unjust kings always surround themselves with wicked servants,24 while in Germany, a biography of Conrad I, archbishop of Salzburg, used similar language. When Henry IV had refused to hear the archbishop’s criticisms, his biographer asked his 22 See Staunton, Thomas Becket and his Biographers, p. 121; Thomas Becket, Correspondence, ed. Duggan, i, no. 68 pp. 266–271. 23 Materials for the History of Thomas Becket, ed. Robertson and Shephard, 3, pp. 380–381: ‘Et ita qui hucusque siluit, qui hucusque in omni patientia sustinuit, uidens et attendens patientiam suam in superbia et abusione calcatam, iam deinceps non patiens, non dormiens, sed surgens et excutiens se, tanquam uerus excussorum filius, confestim cum suis deliberare inchoat quid agendum, ad illud Domini comminatorium in propheta ad prophetam quasi subito motus et commotus: “Et tu, fili hominis speculatorem dedi te domui Israel. Quod si non fueris locutus ut custodiat se impius a uia sua mala, ipse impius in iniquitate sua morietur, sanguinem autem eius de manu tua requiram.”’ 24 Both cite Proverbs 24. 12. Walter Map, De nugis curialium, ed. James, p. 422; John of Salisbury, Policraticus, 6.1, ed. Webb, ii, p. 3.

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audience to take note and remember ‘the perversity of this most wicked king (rex iniquissimus) who was unable to love a just man’.25 Episcopal correction did not always have to proceed in such a forceful and public manner. There was indeed some recognition that such an aggressive stance might prove counterproductive. Contrary to the rather fierce and dramatic demeanour of bishops praised by William of Malmesbury above, DDAS’s inclusion in its tenth chapter of Matthew 18. 15–17 points to a more nuanced state of affairs. While a bishop must never falter in his duty to correct, he could offer multiple opportunities for repentance: If your brother transgress, reprove him between yourself and himself alone. If he shall hear you, you have gained a brother. But if he will not hear you, take with you one or two more, so that in the mouth of two or three witnesses every word may stand. But if he will not hear then, tell the Church; and if he will not hear the Church, let him be to you as a heathen and a publican.26

This was no doubt a sensible strategy in any case for those seeking to admonish the powerful, but one which thus also enjoyed biblical sanction. Aelred of Rievaulx, in his De spirituali amicitia, made a similar point by quoting St Ambrose of Milan, when discussing the importance of correction between friends: ‘if you perceive any vice in your friend, correct him secretly; if he will not listen to you, correct him openly’.27 There are occasional hints that such counsel might have been followed by those clerics daring enough to admonish the Norman and Angevin kings. When Anselm first visited the court of William Rufus, he asked the king’s companions to leave so that he might speak with the king in private. Rather than discussing the abbey of Bec, ‘supposed to be his chief reason for coming’, Anselm instead rebuked Rufus for behaviour which ‘by no means befitted the dignity of a king’.28 In a similar fashion, Hugh of Lincoln was said to have drawn Richard I away from his followers, in order to speak with him in private, regarding the state of the king’s soul. Richard was after all, as Hugh reminded him, one 25 Vita Chuonradi archiepiscopi Salisburgensis, ed. Wattenbach, p. 69: ‘Quod cum audisset rex, indignatione et dolore commotus misit ad eum, redire compellens; quia procul dubio ferre non ualebat impauidi cordis audaciam, quam nec reprimere ualebat, nec punire audebat’. 26 DDAS, ed. Hellmann, pp. 54–55 (ed. Breen, p. 415 for the translation). 27 Aelred of Rievaulx, De spirituali amicitia, 3.106, ed. Hoste and Talbot, p. 341: ‘quocirca, sicut ait Ambrosius, si quid uitii in amico deprehenderis, corripe occulte; si te non audierit, corripe palam’. Aelred of Rievaulx, Spiritual Friendship, p. 121. 28 Eadmer, Vita Anselmi, ed., Southern, p. 64.

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of the bishop’s own parishioners, having been born in Oxford. As the tenth abuse made all too clear, Hugh would be held responsible for the king’s soul on Judgement Day.29 In the Gospel of Matthew and hence, DDAS, bishops might find some comfort in knowing that their episcopal duties might, with a bit of luck, be performed without always provoking an embarrassing showdown with a monarch whose sense of honour would be challenged by public and direct criticism.

Justice and pudicitia We have already encountered the suggestion that bishops had a particularly vital role to play in correcting sins relating to sexual behaviour at royal courts. The ninth abuse demanded that kings punish adultery and certainly refrain from sponsoring ‘actors or practitioners of lewd and filthy pastimes’.30 Figures reminiscent of the fifth abuse—femina sine pudicitia—make a frequent appearance in this context. Pudicitia, DDAS had argued, was a vital virtue for both men and women, helping them to guard their chastity, avoid civil strife, and restrain such sins as avarice, anger, and sexual desire. As Breen pointed out, translating pudicitia merely as ‘modesty’ does not quite capture its full range of meanings.31 Often considered synonymous by the Church Fathers with pudor and verecundia (terms which frequently occur in the descriptions that follow), ‘sexual virtue’—juxtaposed with ‘sexual shamelessness’ (impudicitia)—would better capture the sense intended by the authors below. With these caveats in mind, however, I have left the term untranslated. In his Policraticus, John of Salisbury followed DDAS in recognizing that, while pudicitia was a virtue desirable in either sex, it was nonetheless, as in the fifth abuse, more becoming in women (utrumque deceat sexum, muliebrem tamen magnis exornat).32 There was neither time nor space, John suggested, to list all the statements made by past authors on the association of pudicitia with women; this was simply a matter of record. Virtuous rulers—such as Margaret, queen of Scotland (c. 1045–1093) and Empress Agnes of Poitou (c. 1025–1077)—were singled out for their pudicitia.33 The 29 Adam of Eynsham, Magna Vita Sancti Hugonis, ed. Douie and Farmer, ii, p. 103. 30 DDAS, ed. Breen, pp. 402–403 for the translation. 31 Breen, DDAS, p. 139 n. 1. 32 John of Salisbury, Policraticus, 8.11, ed. Webb, ii, p. 305. 33 William of Malmesbury, Gesta regum, ed. Mynors, i, pp. 554–555; Bertholds und Bernolds Chroniken, ed. Robinson, p. 184. Berthold also claimed Empress Agnes rebuked heretics absque personarum acceptione.

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city of London, if one believes William FitzStephen, was even able to rejoice in the pudicitia of its matrons.34 The term was often applied to male saints as well, Edward the Confessor and Thomas Becket among them.35 Writers lavished far greater detail, however, on those royal courts where a lack of pudicitia acted as a temptation to unjust kings. William of Malmesbury highlighted how the sycophants of William Rufus’s infamous court were characterized by: Long flowing hair, luxurious garments… shoes with curved and pointed tips became the fashion. Softness of body, rivalling the weaker sex, a mincing gait, effeminate gestures and a liberal display of the person.36

All this stood in sharp contrast with the necessity, stressed by DDAS, of displaying modesty in both ‘outward behaviour and appearance of the body’ and ‘in the inward affection and disposition of the mind’, including by avoiding a ‘showy or seductive gait’.37 For William of Malmesbury, Rufus’s courtiers, far from modelling such restraint, were rather the conquerors of the pudicitia of others (expugnatores alienae pudicitiae).38 The overlap between royal sin, episcopal correction, and the necessity of pudicitia is at its most stark in descriptions of the court of the tenth-century English king, Eadwig (r. 955–959). This king was himself an example of the third abuse, the adolescens sine obedientia. He despised the old and wise counsellors upon whose advice he should have relied: an adolescent in character and age, he soon began to act on the advice of the young men whom he had made his companions and hangers-on; he spurned the old men whom, it was generally agreed, because of their life, morals, and great age, were endowed with diligence and authority.39

Restrained for a time by Oda, archbishop of Canterbury, the king later ‘stamped himself and the glorious occasion’ of his coronation ‘with shameful 34 Materials for the History of Thomas Becket, ed. Robertson and Shephard, iii, p. 2 ‘pudicitia matronali’. 35 William of Malmesbury, Gesta regum, ed. Mynors, i, pp. 354–355; Materials for the History of Thomas Becket, ed. Robertson and Sheppard, iii, p. 21, ‘Vir pudicus cancellarius’; cf. Adam of Eynsham, Magna Vita Sancti Hugonis, ii, p. 55. 36 William of Malmesbury, Gesta regum, ed. Mynors, i, pp. 558–561. 37 DDAS, ed. Breen, pp. 367–369. 38 William of Malmesbury, Gesta regum, ed. Mynors, i, pp. 560–561. 39 Eadmer of Canterbury, Lives and Miracles, ed. Muir and Turner, pp. 24–27.

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ignominy’. He abandoned his nobles in the middle of his coronation feast, rushing away instead to sleep with a noble woman and her step-daughter.40 When the clerics—Oda, Dunstan, and Cynsige—challenged this outrageous behaviour, eventually dragging Eadwig back to his throne, both the enraged king and his insulted lovers vowed revenge. The various accounts of this event read as a case study of the dangers and behaviours despaired of by DDAS. The unjust king, overwhelmed by his anger and lust, condemned righteous bishops to exile. They, in turn, had proceeded in their correction with caution at first, only later shifting from warnings and entreaties to fierce rebukes, before Eadwig (in William of Malmesbury’s version of this tale) was ultimately subdued by the final sanction of excommunication. 41 The elder of the two women is said to have possessed a impudicae mentis, 42 while Eadwig himself was polluted by impudico illiciti amoris. 43 Their behaviour contrasted with the pudicitia of Ælfigu, the queen mother whom Eadwig later persecuted.44 As in DDAS, some distinction was recognized here between inward and outward pudicitia or, rather, the lack of it. When Oda took the horrific step of punishing the elder woman by having her branded, despite her now disfigured appearance, ‘the deformity of her impure mind still gaped wide’.45 William of Malmesbury condemned the way in which the women’s ‘lustful spirit and way of acting… greatly offended those who were pure of mind’.46 Their ‘woman’s impatience’, ‘garrulous threats’, and ‘fierce verbal abuse’ contrasted with Dunstan, ‘a true lover of chastity’. 47 The association made between women and a lack of pudicitia continued even after Dunstan had been driven from the royal court. A typical characteristic of those who lacked that virtue, according to DDAS, was to ‘be a giggler or provoke laughter’. 48 As Dunstan departed, the Devil arrived to mock his misfortunes and emitted ‘raucous laughter in the manner of a wanton young girl’.49 When they surveyed the complex interplay of inequitable kingship, the episcopal duty to correct, and the moral perils 40 Eadmer, Lives and Miracles, ed. Muir and Turner, pp. 26–27, 96–97. 41 William of Malmesbury, Saints’ Lives, trans. Winterbottom and Thomson, pp. 226–227. 42 Eadmer, Lives and Miracles, ed. Muir and Turner, p. 28. 43 Eadmer, Lives and Miracles, ed. Muir and Turner, p. 96. 44 William of Malmesbury, Saints’ Lives, trans. Winterbottom and Thomson, p. 236. 45 Eadmer, Lives and Miracles, ed. Muir and Turner, pp. 28–29. 46 Eadmer, Lives and Miracles, ed. Muir and Turner, pp. 96–99. 47 Eadmer, Lives and Miracles, pp. 98–99; William of Malmesbury, Saints’ Lives, trans. Winterbottom and Thomson, pp. 227–229. 48 DDAS, ed. Breen, p. 367. 49 Eadmer, Lives and Miracles, ed. Muir and Turner, pp. 98–99.

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posed by a lack of pudicitia, English and German authors certainly wrote in terms which the author of DDAS would have recognized.

A Pseudo-Cyprianic concept of kingship? The influence of DDAS upon concepts of kingship in the eleventh and twelfth centuries, as noted above, has received only occasional comment. The discussions of the influence of the ninth abuse in the period of the Investiture Contest, by Ian Robinson and Patrick Healy, are rather exceptional in this context and merit particularly close scrutiny as a result. In what follows, I wish to look more closely at the passages cited by both scholars in support of DDAS’s influence on eleventh- and twelfth-century descriptions of royal office. Reassessing the evidence they have highlighted leads us to the broader methodological issues raised so far when attempting to trace the tract’s influence upon the kind of passages cited in the chapter above. Ian Robinson argued, in both his biography of Henry IV and in an earlier monograph exploring the polemical literature generated by the Investiture Contest, that both the Salian king and his Gregorian opponents ‘drew their political assumptions from a common fund of early medieval writings, of which the most influential were two seventh-century texts:’ DDAS and Isidore of Seville’s Etymologies and the Sentences.50 Elsewhere, he suggested that the ‘teachings of the Pseudo-Cyprian survived not only in the letters of Gregory VII, but also in the Salian entourage’.51 Henry IV’s characterization as a tyrant thus ‘owed more to the political thought of Pseudo-Cyprian and Isidore of Seville than to objective commentary’.52 Parking for the moment the question of Isidorian influence, we will examine each of the sources, cited by Robinson in support of these statements, in turn. We begin with an example of undeniable influence. As Robinson pointed out, Manegold of Lautenbach (d. 1103) inserted the ninth abuse into his Liber ad Gebehardum.53 Manegold also added the formula for the traditio gladii, found in the Mainz coronation ordo of 961, to the same text.54 In Robinson’s view, Manegold thus demonstrated how a king might use the sword for the ‘Pseudo-Cyprianic purposes of defending churches, widows, and orphans, 50 Robinson, Henry IV, p. 347. 51 Robinson, Authority and Resistance, p. 115. 52 Robinson, Henry IV, pp. 347–48. 53 Manegold of Lautenbach, Liber ad Gebehardum, ed. Francke, p. 377. 54 Manegold of Lautenbach, Liber ad Gebehardum, ed. Francke, pp. 371–372.

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and avenging injustices’.55 DDAS, we should note, was cited by a broader selection of authors aligned with the reform movement.56 Robinson’s discussion of the Vita sancti Eadmundi regis, written by Abbo (d. 1004), abbot of Fleury, proves rather less persuasive. Abbo features here as an example of how the attitude of early monastic reformers, towards kings, might have been shaped by DDAS. Once again, we certainly have evidence that the author knew the ninth abuse; Abbo included it in his Collectio Canonum.57 Whether the Vita sancti Eadmundi regis—a biography of Edmund, the royal saint murdered by the Danes in 870—can be characterized as a ‘treatise on kingship: the portrait of a model Christian martyr king, on Pseudo-Cyprianic lines’ is more debatable.58 In support of this statement, Robinson noted how the pious king was described: Edmund followed the guidance of his episcopate, protected the churches and subjects of his realm from the heathens, and eventually suffered martyrdom pro patria.59 None of these attributes are necessarily distinctive to DDAS. Indeed, there is nothing in the tract, for example, to suggest that a king should be willing to die for his realm. Moreover, Robinson’s first suggestion—regarding Edmund’s acquiescence to episcopal counsel—runs into the difficulty that one of the turning points of the biography is, in fact, Edmund’s indignant refusal to do just that. Edmund instead chose to ignore the advice of one bishop who, ‘alarmed for the king’s safety’, had urged surrender to the heathens.60 Though Edmund did act as a ‘kind father to the orphan and to the widow’ (a line not mentioned by Robinson) there are no other direct references to DDAS.61 What then of those texts, examined by Robinson and Healy, which are thought to have lauded or condemned the deeds of Henry IV with DDAS in mind? Both the Vita Heinrici IV and the Gesta Heinrici imperatoris (better known as the Song of the Saxon War) are said to have ‘echoed the PseudoCyprian’s description of the just king’.62 As Robinson pointed out, the Song of the Saxon War did praise the king for his protection of churches, widows, 55 Robinson, Authority and Resistance, p. 116. 56 Mews, chap. 6, pp. 174–176 below. 57 Abbo of Fleury, Collectio Canonum, PL, 139, 477D–478A. 58 Robinson, Authority and Resistance, p. 118. 59 Abbo of Fleury, Vita Eadmundi, PL, 139, 509–512. 60 Abbo of Fleury, Vita Eadmundi, PL, 139, 512: ‘Quo audito rex sanctissimus alto cordis dolore ingemuit, et, accito uno ex suis episcopis, qui ei erat a secretis, quid super his respondere deberet consulit. Cumque ille, timidus pro vita regis, ad consentiendum pluris hortaretur exemplis, rex, obstipo capite defigens lumina terrae, paululum conticuit, et sic demum ora resolvit…’. 61 Abbo of Fleury, Vita Eadmundi, PL, 139, 510: ‘Erat quoque egentibus dapsilis liberaliter, pupillis et uiduis clementissimus pater’. 62 Robinson, Henry IV, p. 348.

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orphans, and the oppressed.63 While Henry was a child, the wild Saxons (gens effera) plundered the churches (ecclesias spoliant) and robbed widows of their possessions (viduis sua diripiebant), oppressing orphans and the unfortunate (pupillos miserosque premunt). Once the king came to maturity, however, he tightened the once lax bridles on this people (ante nimis laxas huic genti strinxit habenas), giving them rights (iura dedit), imposing laws (leges statuit), and making clear what was forbidden (cohibenda coercet). As a consequence, he returned to the churches, widows, and the miserable that which had been stolen by force (ecclesiis, uiduis, miseris ui rapta requirit) and no one was permitted to plunder thereafter (nec fecit quisquam post haec impune rapinam). Broadly similar sentiments are certainly expressed here to those found in DDAS, but, beyond the name-check to widows and orphans, once again there are few firm textual parallels. Similarly, the first chapter of the Vita Heinrici IV—which, ‘likewise uses the Pseudo-Cyprian tradition’ (Robinson)—certainly praises the Salian king, in extraordinary detail, for his generosity to the poor.64 But there is little else here specific to the ninth abuse; not even, on this occasion, the familiar obligation to protect widows. In similar fashion, Patrick Healy suggested that Hugh of Flavigny’s (d. 1114) attitude towards kingship oscillated between ‘the traditional PseudoCyprianic formulation, whereby the king was supposed to act as a defender of churches, widows, and orphans’, and Augustine of Hippo’s more negative view that kingdoms were little better than bands of robbers.65 DDAS and Isidore of Seville are discussed here alongside one another, though the division of labour appears a little too precise. Healy suggested that Hugh took, from Isidore, the principle that kings must rule with piety, justice, and mercy.66 Hugh, quoting Job 29. 17, claimed a righteous king would ‘break the fangs of the wicked and snatch the victims from their teeth’. It was ‘this idea of the role of the king’ which Hugh ‘derived’ from DDAS. It is difficult to say with precision what this ‘idea’ entailed.67 Although DDAS expresses similar sentiments, Job 29. 17 does not feature in its text. Healy proceeds to define the protection of the Church, the poor, and widows as the ‘hallmarks of a “sacral king”’. By paraphrasing Job, Hugh was ‘implicitly adhering to the traditional Pseudo-Cyprianic view of kingship as a “ministry of God” as well 63 Carmen de bello Saxonico, 1, ed. Holder-Egger, pp. 15–23. 64 Robinson, Authority and Resistance, p. 116; Vita Heinrici IV, ed. Eberhard, pp. 9–12. 65 Healy, The Chronicle of Hugh of Flavigny, p. 138. 66 Healy, The Chronicle of Hugh of Flavigny, p. 144. 67 Healy, The Chronicle of Hugh of Flavigny, p. 144.

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as the “idea of the sacral king”’.68 Unfortunately, no further citations are given for the suggestion that the ‘excerpts from Isidore and Pseudo-Cyprian on the theme of kingship’ served in Hugh’s Chronicon as criteria by which Henry IV was judged. The passage quoted again certainly speaks to familiar themes—defending the churches, protecting orphans and widows, freeing the poor from the powerful and being a helper to the destitute—but the passage can hardly be described as an ‘excerpt’.69 The problem raised by the definitions of ‘Pseudo-Cyprianic’ kingship here, as little more than the defence of vulnerable groups, becomes even more acute when we turn to the analysis of Gregory VII’s letters. These, in Robinson’s view, owe a clear debt to DDAS. We will take each of the letters, and the claims made for them, in turn, beginning with two letters to King Inge and King Alsten of Sweden. The ‘Pseudo-Cyprianic’ content here is defined, by Robinson, as the pope’s emphasis on the royal duty to defend the poor, orphans, widows, and the oppressed.70 In addition, the same kings should show reverence to churchmen and be zealous in their prayers and alms-giving. Gregory indeed congratulates the rulers on their recent conversion, urges them to despise the instability of earthly things, and to maintain peace and concord with one another. They should bestow honour upon the Church and demonstrate compassion towards the poor and afflicted.71 Gregory moves swiftly on, however, to what no doubt to him were more fruitful subjects: the question of tithes and the matter of obedience to Rome. Contrary to Robinson’s claim, no widows or orphans are mentioned in the letter. Another letter, to King Sven II of Denmark, is cited to demonstrate how Gregory thought a ruler should adorn the name of king with appropriate virtues and do justice to his subjects.72 The pope certainly does what Robinson suggests, but few of these precepts can be tied to DDAS. The tone of the letter is rather different. Gregory spends more time reminding kings of the shifting and deceptive nature of earthly affairs, pointing out, for 68 Healy, The Chronicle of Hugh of Flavigny, p. 145. 69 Healy, The Chronicle of Hugh of Flavigny, p. 145; Hugh of Flavigny, Chronicon, ed. Pertz, p. 436: ‘Regale ergo est ministerium Dei populum gubernare et in iustitia et equitate regere; defensorem esse ecclesiarum, tutorem pupillorum et uiduarum, liberare pauperem a potente et inopem cui non est adiutor; et cum beato Iob molas iniqui conterere, et dedentibus illius praedam auferre; patrem esse pauperum, oculum caecorum et pedem claudorum.’ 70 Robinson, Authority and Resistance, p. 116. 71 Gregory VII, Registrum epistolarum, no. 9.14, ed. Caspar, p. 593; The Register of Pope Gregory VII, trans. Cowdrey, pp. 414–415. 72 Robinson, Authority and Resistance, p. 116; Gregory VII, Registrum epistolarum, 2. 51, ed. Caspar, p. 193.

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example, that one day they will become, like the poorest of their subjects, nothing but dust and ashes. There is more in the letter on this contempt for the world than on the priorities of the ninth abuse.73 A passage from a letter to King Olav III of Norway, cited by both Robinson and Healy, has the same emphasis. Healy pointed to the letter as a demonstration of how Gregory ‘described the function of the royal office in terms very similar to those of the Pseudo-Cyprian’.74 Though widows and orphans are very much in attendance on this occasion, when read in full, the passage again pays greater heed to the fleeting and fragile nature of temporal glory than to the duties of kingship set out in the ninth abuse.75 At first sight, we appear to find ourselves on ground more familiar to the ninth abuse with a letter to King Harald Hein of Denmark. The king is told to eradicate the false superstition, circulating among his subjects, that Catholic priests were responsible for poor weather.76 Harald is urged to imitate the royal virtues of his father, Sweyn II Estridssen (d. 1076). He should defend churches, honour priests, and enforce justice with righteousness and mercy.77 On the subject of the weather, however, as well as being coupled with bodily afflictions, the meteorological maladies are linked here to the Catholic priests and to women, rather than, as in the ninth abuse, to an unjust king. The king must do penance ‘to turn away the sentence of divine vengeance’, rather than triggering God’s wrath ‘by wildly raging in vain against those unoffending women’.78 The ‘Pseudo-Cyprianic’ core of the 73 Gregory VII, Registrum epistolarum, no, 2. 51, ed. Caspar, p. 193; The Register of Pope Gregory VII, trans. Cowdrey, pp. 142–143. 74 Healy, The Chronicle of Hugh of Flavigny, p. 148; Robinson, Authority and Resistance in the Investiture Contest, p. 116. 75 Gregory VII, Registrum epistolarum, no. 6. 13, ed. Caspar, p. 417. On the fleeting glory of the world and the passage in full: ‘Sit cursus vester fides amor et desiderium, sit iter vestrum mundi gloriam assidue meditari esse caducam et ideo cum amaritudine potius quam delectatione tenendam. Sit vestrae potentie usus et exercitatio subvenire oppressis defendere viduas iudicare pupillis iustitiam non solum diligere, sed etiam tota virtute defendere. His nanque vestigiis hoc thesauro his opbius de terreno ad celeste regnum, de fluxo et fragili ad certum et perenne gaudium, de caduca et transitoria ad aeternam et semper mansuram pervenitur gloriam.’ 76 Robinson, Authority and Resistance, p 116; Gregory VII, Registrum epistolarum, no. 7.21, ed. Caspar, p. 498. 77 Gregory VII, Registrum epistolarum, no. 7. 21, ed. Caspar, p. 498; The Register of Pope Gregory VII, trans. Cowdrey, pp. 351–352. 78 Gregory VII, Registrum epistolarum, no. 7. 21, ed, Caspar, p. 498; The Register of Pope Gregory VII, trans. Cowdrey, pp. 351–352. The passage in full: ‘Illud interea non pretereundum, sed magnopere apostolica interdictione prohibendum videtur, quod de gente vestra nobis innotuit, scilicet vos intemperiem temporum corruptiones aeris quascunque molestias corporum ad sacerdotum culpam transferre. Quod quam grave peccatum sit, ex eo liquido potestis advertere,

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letter again appears to consist of little more than the defence of churches, reverence for priests, and correct enforcement of justice. The same point holds true of a further letter to Harald, in which Gregory was said to have been ‘expounding to him the Pseudo-Cyprianic virtues’.79 Once again, the king is commanded to be an ‘unfailing helper of the poor, the fatherless, and widows’, as well as to the Church, but any discussion of ‘Pseudo-Cyprianic virtues’ remains narrow in scope.80 Finally, a letter to Henry IV does see the pope claim that Henry held power rightly (recte) only if he sought to restore and defend his churches.81 The statement refers, however, to the dispute concerning royal and papal rights over the archbishopric of Milan. The pope urges Henry to choose counsellors who will be concerned for the king’s own salvation, rather than their own gain. But, beyond this advice, we find few specific obligations. This discussion of the sources cited by Robinson and Healy may well appear excessive if not downright tedious. But it is essential if we wish to inject some precision into our analysis of what is meant by the ‘catalogue of royal duties’ (Robinson) said to have been derived, directly or indirectly, from DDAS. 82 Certainly, in the sources cited above, we f ind multiple references to the protection of the Church and generosity towards the poor, alongside a greater interest in respect due to the clergy and a very different and more considerable contempt for the world than that featured in the ninth abuse. All too often, however, previous discussion of the ninth abuse’s influence has reduced a ‘Pseudo-Cyprianic’ view of kingship, at times explicitly, to little more than the defence of churches, orphans, and widows. Indeed, the aduenae (the outsiders, foreigners, strangers, or aliens), placed alongside widows and orphans in the ninth abuse, have been entirely ignored, both by modern scholarship on this topic and in

quod Iudeis etiam sacerdotibus ipse Salvator noster lepra curatos eis mittendo honorem exhibuerit ceterisque servandum esse, quẹ illi dixissent, preceperit, cum profecto vestri, qualescunque habeantur, tamen illis longe sint meliores. Quapropter apostolica auctoritate precipimus, ut hanc pestiferam consuetudinem de regno vestro funditus extirpantes presbyteris et clericis honore et reverentia dignis tantam contumeliam contra salutem vestram ulterius non presumatis inferre volentes eis occultas divini iudicii causas imponere.’ 79 Robinson, Authority and Resistance, p. 122; Gregory VII, Registrum epistolarum, 5.10, ed. Caspar, p. 362. 80 Gregory VII, Registrum epistolarum, 5.10, ed. Caspar, p. 362: ‘Pauperum et pupillorum ac viduarum adiutor’; The Register of Pope Gregory VII, trans. Cowdrey, pp. 255–256. 81 Robinson, Authority and Resistance p. 115; Gregory VII, Registrum epistolarum, no. 2.30, ed. Cowdrey, p. 164. 82 Robinson, Authority and Resistance, p. 115.

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nearly all the sources cited so far in this chapter (with the sole exception of the description of Cnut).83 It must be stressed just quite how narrow an interpretation it would be, of the ninth abuse, to reduce a ‘Pseudo-Cyprian view of kingship’ to the defence of orphans and widows alone. We have heard little so far of the abuse’s lengthy introduction on the etymology of rex (that a king must act as rector, both of himself and of the wicked). The righteous king should certainly protect churches, widows, and orphans, and render effective justice. But he was also duty-bound to pursue that justice, as we have discussed, sine acceptione personarum. He also ought to restrain robbery (of which we have heard some reference with regard to Henry IV) and to punish adultery (a subject on which we have heard rather less). Beyond the need to appoint good counsellors, we have seen little discussion of the dangers posed by magicians, soothsayers, sorceresses, actors, or of practitioners of lewd and filthy pastimes, nor of those criminals who commit parricide or perjury. Relatively little attention has been paid to the restraint of royal anger, the defence of the realm, the task of practicing patience in adversity, let alone of restraining the wickedness of one’s children, the setting aside of specific times for prayer, or the refusal to dine before the proper hour. One would not necessarily expect most, or even the greater part, of these royal obligations to always be discussed in texts influenced by DDAS, but their collective absence—given the claims made for the influence of the ninth abuse—is striking. A far more deafening silence, however, concerns the second section of the ninth abuse, in which the author set out the punishments and rewards which would accrue to the just and the unjust king respectively. The latter would face scandals and disturbances among his people and obstructions to the royal tribute. The fruits of the earth would wither away, the land would cease to be fertile, foreign invaders would ravage the provinces, and animals would be slaughtered. All these misfortunes would unfold beneath a disturbed upper atmosphere, as tempests of the air and blasts of lightening destroyed crops and disrupted the seas. Closer to home, the ruler’s children and his dearest relatives would succumb to plague and his dynasty would collapse. A righteous king would fare very differently. Free of sorrow or ailments, enjoying the protection and peace of his people, his exercise of justice in a contented kingdom would be the mirror image of an equally tranquil sea and temperate weather. The fertility of his crops, the inheritance of his 83 See n. 3 above.

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offspring, and his entry to heaven, would all be safely secured. It is these cosmological consequences of royal behaviour that take up the greater part of the ninth abuse; the desire to protect widows and orphans is mentioned in only a few words. Though we shall return to that obligation, and the methodological problems inherent in tracing the transmission of DDAS’s notions of good kingship, we will first turn, briefly, to several texts from twelfth-century England in which the ninth abuse’s more unique vision of royal cause and effect was played out in greater detail.

The consequences of royal behaviour Although, aside from Robinson and Healy, discussions of the ninth abuse’s influence on notions of kingship during the High Middle Ages have been few in number, Marita Blattmann has examined this very metaphysical connection.84 Of the relationship between royal misconduct and the king’s subjects, she has argued that this was a connection ‘abruptly and irreversibly’ severed in the last quarter of the eleventh century. By ‘around the year 1200’, she concluded, ‘kingship became earthly’. Rulers were now condemned by popes as sinners, or by their people as tyrants, the consequences of their behaviour, whether virtuous or otherwise, no longer visited upon their subjects.85 Blattmann’s examination was, however, confined to examples from Germany. In addition, the accounts given above are surely sufficient to query her suggestion that, ‘we are accustomed to kings being portrayed positively in medieval sources’ or that ‘criticism of the ruler, or even antiroyal remarks, were less often written down than eulogies—and, if they were, had little chance of survival’.86 Several authors, writing in twelfth-century England, not only described this relationship in detail but did so, more intriguingly, in terms far more distinctive and peculiar to the ninth abuse than in the many examples we have surveyed so far. As Frederick of Utrecht had warned Louis the Pious, the pollution of royal sin would invariably spread among his subjects. Eadwig’s critics made the same point. In stark contrast, the partnership between his successor, Edgar (r. 959–975) and Dunstan, was regarded as a golden age. As befitted a virtuous Edgar had immediately sought ‘to bring maturer advice to 84 Blattmann, ‘“Ein Unglück für sein Volk”. Der Zusammenhang zwischen Fehlverhalten des Königs und Volkswohl in Quellen des 7.–12. Jahrhunderts’, pp. 80–102. 85 Blattmann, ‘“Ein Unglück für sein Volk”‘, pp. 94, 101–102. 86 Blattmann, ‘“Ein Unglück für sein Volk”‘, p. 80.

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underpin his infirmity of years’.87 William of Malmesbury claimed that Dunstan shaped the king’s character ‘without respect for his person’ into a ‘mirror for his subjects’. The nobility, recognizing their king’s subjection to Dunstan’s advice, reformed their own behaviour, with the lower orders following suit. Alongside the typical benefits one might expect from such a partnership—an increase in law and order, of military discipline, and the flourishing of monastic life—William claimed the reign witnessed the very kind of cosmological effects described by the ninth abuse: The very land seemed to share the joy at the general calm. The fields rewarded their cultivators’ efforts with an abundance of produce, the horn of plenty overflowed with good things, nor did it readily happen in Dunstan’s time that a harvest failed and disappointed people’s hopes. The elements smiled back joyfully, no clouds massed contagion in the stagnant air. Far removed was any fear of overseas enemies; all was tranquil and at peace. In the cities there was no feeling against the poor; the living did not quarrel, there was no legal dispute about the dead.88

Though Malmesbury differed from DDAS in attributing greater responsibility to Dunstan, he did suggest that this prosperity had proceeded from the prelate, to Edgar, ‘and from Edgar it sprouted to benefit the people’.89 One could hardly wish for a more forceful confirmation of the persistent relationship between ruler and subject. The same connection was described, with even greater enthusiasm, by Aelred of Rievaulx in his Genealogia regum Anglorum, a history of kings dedicated to Henry II. Finally secure on the throne after a bitter civil war, Henry could read with interest how his predecessor, Edgar, had shown ‘such signs of inner sweetness in his works, in his appearance, and his manner’ that the whole of Britain had submitted to his rule without bloodshed.90 In Aelred’s text, it was Edgar himself who defined the duties of royal office to the clergy, in terms again reminiscent of the ninth abuse: to deal with the laity by the law of equity, to make a right judgement between a man and his neighbour, to punish idolaters, to put down rebels, 87 William of Malmesbury, Saints’ Lives, trans. Winterbottom and Thomson, pp. 239–241. 88 William of Malmesbury, Gesta pontificum, ed. Thomson and Winterbottom, i, p. 37. 89 William of Malmesbury, Gesta pontificum, ed. Thomson and Winterbottom, i, p. 37. 90 Aelred of Rievaulx, Historical Works, trans. Freeland, p. 96; Aelred of Rievaulx, Genealogia regum Anglorum, PL, 195, 726D: ‘Tanta enim in verbis, in vultu, in moribus, interioris suavitatis indicia praeferebat, ut, Deo cooperante, tota ei insula sine sanguine manus daret.’

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to snatch the weak out of the power of the strong, the needy and the poor from those robbing them. But it is also my duty to the ministers of the churches, the flocks of monks, and the choirs of virgins, both to provide what they need and to take thought for their peace and quiet.91

The elements themselves responded, once again, to his royal virtue: While he was reigning, the sun seemed to be more fair, the waves of the sea more peaceful, the earth more fruitful, and the face of the whole kingdom with its abundant beauty more lovely.92

With Edgar’s promotion of monastic reform, the kingdom prospered: O, then truly blessed the church of the English, which the integrity of innumerable monks and virgins adorned, which the devotion of the people, the self-discipline of the soldiers, the impartiality of the judges, and the fruitfulness of the land made glad! The most blessed king rejoiced that in his time his order had found the nature of all things, as people showed forth the righteousness they owed to God, the earth the fruitfulness it owed to people, and heaven the mild weather it owed to earth.93

Edgar himself did not lack for reward either. At his coronation in Bath (elided by Aelred with the homage the king had actually received at Chester), it was: truly not possible to express with how much glory, with what riches, that festival was celebrated. The elements themselves seemed to serve the 91 Aelred of Rievaulx, Historical Works, trans. Freeland, p. 98; Aelred of Rievaulx, Genealogia regum Anglorum, PL, 195, 727: ‘Et mea quidem interest laicos cum aequitatis iure tractare, inter uirum et proximum suum iustum iudicium facere; punire sacrilegos, rebelles comprimere, eripere inopem de manu fortiorum eius, egenum et pauperem a diripientibus eum. Sed et meae sollicitudinis est, ecclesiarum ministris, gregibus monachorum, choris uirginum, et necessaria procurare, et paci eorum et quieti consulere.’ 92 Aelred of Rievaulx, Historical Works, trans. Freeland, p. 96; Aelred of Rievaulx, Genealogia regum Anglorum, PL, 195, 726D: ‘Eo namque regnante sol videbatur esse serenior, maris unda pacatior, terra fecundior, et totius regni facies abundantiori decore venustior.’ 93 Aelred of Rievaulx, Historical Works, trans. Freeland, p. 103; Aelred of Rievaulx, Genealogia regum Anglorum, PL, 195, 729C, ‘O uere tunc beata Anglorum ecclesia, quam innumerabilium monachorum et uirginum adornabat integritas, quam deuotio plebium, moderatio militum, aequitas iudicum, terrae fecunditas laetificabat! Exsultabat rex beatissimus suis temporibus ordinem suum rerum omnium inuenisse naturam, cum homines Deo, terra homini, coelum terrae, iustitia, fructu, aerum temperie debitum praestaret officium.’

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will of him whom they saw obeying the commands of his Creator with the greatest devotion.94

Edgar’s reign was unique in being regarded, almost uniformly, as a golden age by eleventh and twelfth-century authors in this respect. But the connection—between royal behaviour and the fate of the king’s subjects— continued even when the fortunes of a dynasty went into reverse. Upon Edgar’s death, William of Malmesbury lamented how, almost immediately, ‘wickedness blossomed and the happiness of the kingdom underwent a change’: grim portents were followed quickly by crop failure, famine, and cattle pest.95 And there was little indication that such a relationship would be broken any time in the near future. Just a year or two before the issuing of Magna Carta, Adam of Eynsham described the despair with which Hugh of Lincoln surveyed the Angevin realm. Better to die now, the bishop thought, than witness how the French would take revenge upon ‘the sons of the adulteress, who forsook her lawful husband shamelessly for his rival’.96 The femina sine pudicitia could still determine the fate of dynasties.

The nature of the ninth and tenth abuses Some episodes concerning royal and episcopal behaviour appear more reminiscent of DDAS than others. We will now return to the difficulties raised by reducing the influence of the Pseudo-Cyprian to its less distinctive parts. The problem, of course, is that we are dealing with the transmission of what Breen rightly described as an ‘extraordinarily erudite, compact text’. Little of the text is without biblical allusion and ‘scarcely a word… without foundation or warrant in patristic literature’.97 This fact alone helps contextualize some of the more surprising passages in the ninth abuse. Though William the Conqueror was not above turning to a witch for assistance in his conquest of Ely,98 most contemporaries probably felt able to disregard the reference to 94 Aelred of Rievaulx, Historical Works, trans. Freeland, p. 103; Aelred of Rievaulx, Genealogia regum Anglorum, PL, 195, 729D: ‘Dici sane non potest cum quanta gloria, cum quibus diuitiis celebrata est illa festiuitas, cum uiderentur ipsa elementa eius nutui deseruire, quem creatoris sui cernebant cum maxima deuotione imperiis obedire; sed heu! nihil in terrenis aeternum, nihil in caducis stabile, nihil in mortalibus immortale.’ 95 William of Malmesbury, Saints’ Lives, trans. Winterbottom and Thomson, pp. 268–269. 96 Adam of Eynsham, Magna Vita Sancti Hugonis, ed. Douie and Farmer, ii, pp. 184–185. 97 Breen, DDAS, p. 93. 98 Liber Eliensis, ed. Blake, p. 186.

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magicians, soothsayers, and sorceresses, a section of the ninth abuse which appears to have been a patchwork of i Samuel 28. 3 and i Chronicles 10. 13. Equally, the quoting of Ecclesiastes 10. 16 in the ninth abuse—’woe to the land whose king is a youth’—would have appeared more relevant than the remainder of that verse: ‘and whose princes dine in the morning’. As discussed above, most direct textual affinities with the ninth and tenth abuse, found in this period’s discussion of royal and episcopal office, relate to either the defence of widows, orphans, and strangers, the ability to judge without respect of person (sine acceptione personarum), or the discussion of episcopal office set out in Ezekiel and the related passage in Matthew 10. 15–17 regarding its execution. As Breen noted, the duty to render justice impartially, as well as to defend strangers, orphans, and widows (the three groups named by the ninth abuse), had been set out in Jeremiah 7. 5–6: For if you will order well your ways, and your doings: if you will execute judgement between a man and his neighbour, if you oppress not the stranger, the fatherless, and the widow…99

Beyond this passage, however, this formula was ubiquitous throughout the Old Testament, though not always tied to kings. God commands his followers to protect these groups on several occasions. Elsewhere in Jeremiah 22. 3: execute judgement and justice, and deliver him that is oppressed out of the hand of the oppressor: and afflict not the stranger, the fatherless, and the widow, nor oppress them unjustly.100

Jerome, in his commentary on this passage, went further in arguing it was a royal duty to execute justice in this manner and to protect these vulnerable groups.101 More typically, Isaiah 1. 17 likewise demands that the faithful should ‘learn to do well, seek judgement, relieve the oppressed, judge for the fatherless, defend the widow’,102 while Zechariah 7. 10 urges the reader to

99 Jer. 7. 5–6: ‘quoniam si bene direxeritis uias uestras et studia uestra si feceritis iudicium inter uirum et proximum eius, aduenae et pupillo et uiduae non feceritis calumniam’. 100 Jer. 22. 3: ‘Haec dicit Dominus: Facite iudicium et iustitiam et liberate ui oppressum de manu calumniatoris et aduenam et pupillum et uiduam nolite contristare neque opprimatis inique et sanguinem innocentem ne effundatis in loco isto.’ 101 Jerome, Commentaria in Ieremiam, 4. 22, ed. Reiter, p. 254. 102 Is. 1. 17: ‘discite benefacere; quaerite iudicium, subuenite oppresso, iudicate pupillo, defendite uiduam.’

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‘oppress not the widow, and the orphan, and the poor’.103 In a passage with relevance to further groups, name-checked by the ninth abuse, Malachi 3. 5 described how God would come to act both as a speedy witness against sorcerers, and adulterers, and false swearers, and them that oppress the hirelings in his wages, the widows, and the fatherless; and oppress the stranger.104

Appearing in Psalm 67. 6 as the ‘father of orphans and the defender of widows’, 105 and, in Psalm 145. 9, as one who would guard them and strangers,106 God would both hear the prayers of these groups (Ecclus. 35. 17),107 and rain down punishments on those who oppressed them. Job 22. 9 condemned those who ‘have sent widows away empty, the arms of the fatherless you have broken in pieces’,108 and Isaiah 10. 1–2 exclaimed: woe to them that make wicked laws; and when they write, write injustice… [and who] oppress the poor in judgement… that widows might be their prey, and that they might rob the orphans.109

Psalm 93. 6 criticized those sinners who ‘slay the widow and the stranger, and murder the orphans’.110 Conversely, when Israel itself deserved punishment, those same groups would no longer enjoy special protection (Isaiah 9. 17).111 Numerous other passages described the pious obligation to make provisions for them and the special position they held in the Lord’s heart.112 It was, as the Epistle of James 1. 27 in the New Testament put it, simply the essence of religio munda et immaculata to ‘visit the orphans and widows in their 103 Zech. 7. 10: ‘et uiduam et pupillum et aduenam et pauperem nolite calumniari.’ 104 Mal. 3.5: ‘Et accedam ad uos in iudicio, et ero testis uelox maleficis et adulteris et periuris et qui calumniantur mercedem mercenarii uiduas et pupillos et opprimunt peregrinum.’ 105 Ps. 67. 6: ‘patri pupillorum et defensori uiduarum.’ 106 Ps. 145. 9: ‘Dominus custodit aduenas pupillum et uiduam suscipiet et uiam peccatorum disperdet.’ 107 Ecclus. 35. 17: ‘Non despiciet preces pupilli nec uiduam si effundat loquellam gemitus.’ 108 Job 22. 9: ‘Viduas dimisisti uacuas et lacertos pupillorum comminuisti.’ 109 Is. 10. 1–2: ‘Vae qui condunt leges iniquas et scribentes iniustitiam scripserunt ut opprimerent in iudicio pauperes et uim facerent causae humilium populi mei ut essent uiduae praeda eorum et pupillos diriperent.’ 110 Ps. 93. 6: ‘Viduam et aduenam interfecerunt et pupillos occiderunt.’ 111 Is. 9. 17: ‘Propter hoc super adulescentulis eius non laetabitur Dominus et pupillorum eius et uiduarum non miserebitur.’ 112 For example, Deut. 14. 29, 15. 8, 15. 11, 16. 11 and 14, 24. 19; I Sam. 2. 8; Ezek. 16. 49; Ps. 131. 15; 2 Macc. 3. 10.

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tribulation’.113 To reduce a Pseudo-Cyprianic concept of kingship to the special protection afforded to these groups, not only risks ignoring many of the tract’s far more distinctive characteristics, but also significantly understates the important position these groups had already enjoyed, in a text even more popular, influential, and significant than DDAS. The protection they enjoyed might more often have been divine or communal, rather than royal, in nature, but they had long been singled out as the quintessential social groups by whose defence one signalled and demonstrated personal virtue and adherence to God’s law. Similar difficulties emerge with the scriptural phrase sine acceptione personarum and the tenth abuse. Like DDAS, Leviticus 19. 15 urged the reader to act justly without heeding the person of the poor nor the countenance of the mighty.114 Yet in the Bible, just as above, the phrase was more often applied to God himself, such as in ii Chronicles 19. 7 where it is argued the Lord should be feared because he has ‘no respect of persons, nor desire of gifts’.115 The same point was made in Romans 2. 11, Ephesians 6. 9, and i Peter 1. 17.116 DDAS here attributes to the king an impartiality of judgement which any reader of the Bible would have well recognized. Disentangling the influence of the tenth abuse, however, proves even more complicated, given that the opening section is itself a conflation of Ezekiel 3. 17–19 and Ezekiel 33. 6–9. Nor was the author of DDAS the first to connect those passages to Matthew 18. 15–17.117 Augustine of Hippo had composed an exegesis of that passage, in which he reflected on that very debate.118 The tenth abuse’s parsing of the term episcopus, to mean overseer or watchman, was not new. Jerome’s commentary had made the same point.119 Augustine, in his De ciuitate Dei, had broken down the term’s etymology in even greater detail, reflecting on the obligations it set upon the episcopate and arguing, as in DDAS, that any bishop who delighted in ruling, rather than doing good, would be unworthy of the title.120 Isidore of Seville’s Etymologies provided similar reflections on the implications of the 113 James 1. 27: ‘Religio munda et inmaculata apud Deum et Patrem haec est: uisitare pupillos et uiduas in tribulatione eorum inmaculatum se custodire ab hoc saeculo.’ 114 Lev. 19. 15: ‘Non facies quod iniquum est, nec iniuste iudicabis nec consideres personam pauperis nec honores uultum potentis. Iuste iudica proximo tuo.’ 115 ii Chron. 19. 7: ‘Sit timor Domini obuiscum et cum diligentia cuncta facite. Non est enim apud Dominum Deum nostrum iniquitas nec personarum acceptio nec cupido munerum.’ 116 Cf. Ecclus. 20. 24; James 2. 1. 117 Breen, DDAS, p. 76. 118 Augustine of Hippo, Sermones, no. 82, PL, 38, 506–514. 119 Jerome, Comm. In Ezechielem, 10. 33, ed. Glorie, pp. 468–469. 120 Augustine of Hippo, De ciuitate Dei, 19.19, ed. Dombart and Kalb, pp. 686–687.

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term episcopus, while Julianus Pomerius’s (d. c. 500) De vita contemplativa, itself a possible source for DDAS, discussed at length the same passages from Ezekiel.121 Like Augustine’s De ciuitate Dei, and Isidore’s Etymologies, Julianus’s work was a popular text. By the end of the twelfth century, according to the library catalogues surveyed by Neil Ker and the Medieval Libraries of Great Britain project, copies of the Vita could be found at Burton, Bury, Reading, Rievaulx, Rochester, Whitby, Welbeck, and St Andrew’s in Scotland.122 DDAS, by contrast, on this very imperfect measure, is known to have been at Bury, Welbeck, and Rievaulx though was surely available elsewhere.123 In general, however, the utmost caution is still thus surely advisable when ascribing Pseudo-Cyprianic influence on the basis of those passages alone.

Conclusion These difficulties might even go some way towards explaining the extraordinary popularity of DDAS. The passages concerned with the cosmological consequences are certainly striking. Their particular association with the reign of King Edgar is perhaps unsurprising given the earlier connections between the text and that period explored by Mary Clayton in relation to its translation by Ælfric.124 But the fact that the influence of the ninth and tenth abuses often proves so difficult to pin down, is itself a demonstration of how neatly many of the tract’s underlying principles already fit into the deeper contours of high medieval political thought. When William of Malmesbury lamented how Rufus had failed to correct his courtiers,125 and Eadmer queried whether ‘a man can be called a king who knows not how to rule either himself or others’,126 the difficulty of attributing such passages to DDAS, or to Isidorian or Augustinian influence, speaks to this 121 Isidore of Seville, Etymologies, 7.12.12, trans. Barney, p. 170; Breen, p. 176; Julianus Pomerius, De vita contemplativa, 1.20.1–2, PL, 59, 434–435. 122 See http://mlgb3.bodleian.ox.ac.uk/authortitle/browse/IJ/#entry1957_anchor. 123 See http://mlgb3.bodleian.ox.ac.uk/authortitle/browse/A/. For a thorough examination of the many methodological difficulties posed by using the project as evidence for the popularity of particular authors or texts, see the late Richard Sharpe’s Lyell lectures, available online at https://podcasts.ox.ac.uk/people/richard–sharpe. 124 See Clayton’s edition of the translation in Two Ælfric Texts; Clayton, ‘De Duodecim Abusiuis, Lordship and Kingship’, pp. 141–163; Clayton, ‘The Old English Promissio Regis’, pp. 91–150. 125 William of Malmesbury, Gesta regum, pp. 560–561. 126 Eadmer, Lives and Miracles, ed. Muir and Turner, pp. 28–29.

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point.127 Like Augustine, Isidore of Seville, and Julianus Pomerius, DDAS itself perhaps boosted the influence and circulation of particular biblical passages which would have already enjoyed considerable resonance in any case. Yet the underlying assumptions made by DDAS—on the necessity of correction to the health of the political community—were rooted in those of the Bible. Especially influential passages—the ninth abuse, Ezekiel 33. 7, or the etymologies of rex or episcopus—owed their effect, not to their originality, but to their capacity to offer pithy formulations of a complex web of values and political traditions which were ancient in origin. The notion that sin would bring disaster, not only upon the individual monarch but to his descendants and his people, while a familiar theme from the Old Testament, had received a fresh impetus in the twelfth century from a different angle with the ‘explosion’ of popularity in Seneca’s De clementia.128 The awkward difficulties presented by correcting sin, without causing offense, had been much discussed by Cicero’s Laelius de amicitia, an equally popular text of the period which had undergone its own thorough Christianization at the hands of the same Aelred of Rievaulx who wrote in such Pseudo-Cyprianic terms above.129 In other words, the particularly vivid descriptions of cosmological consequences, found in DDAS, should not disguise the fact that some of the text’s more fundamental political principles—the importance of offering advice or judgement, without fear or favour, and the need for rulers to correct themselves before they corrected others—often differed little in practice from those expressed in the Bible or by Augustine, Ambrose of Milan, and Gregory the Great. The latter were, indeed, the very writers whose works often sat alongside DDAS, both in a similar number of copies in the same institutions and even, on occasion, in the same manuscripts.130 The very attribution of DDAS to Augustine perhaps reflects the considerable overlaps between the latter’s discussions of kingship and episcopal office in the De ciuitate Dei and those found in DDAS. Neither the bureaucratic innovations of royal government, nor the machinations of the reforming papacy, had been able to dislodge these foundation stones of twelfth-century political thought. The timeless precepts found in the ninth and tenth abuses would 127 For the background which lay behind Isidore’s definition, see Augustine of Hippo, De ciuitate Dei 17.20 and 5.24, ed. Dombart and Kalb, pp. 586–589, and 160. 128 Reynolds, ‘The Younger Seneca’, p. 364. 129 Powell, ‘The Manuscripts and Text of Cicero’s Laelius de Amicitia’, pp. 506–518 suggests that the total number of twelfth-century manuscripts to have been around fifty. In England, copies of the Laelius were available at Bridlington, Waltham, Evesham, Whitby, and Christ Church, Canterbury. 130 Oxford, New College, MS 140, for example, sees DDAS included alongside Gregory the Great’s Pastoral Care.

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remain relevant to those on the receiving end of new extremes of royal power well into the age of Magna Carta.

Bibliography Manuscripts Oxford, New College, MS 140

Primary sources Abbo of Fleury, Collectio Canonum, PL, 139: 473–508. Abbo of Fleury, Vita Eadmundi, PL, 139: 507–520. Adam of Eynsham, Magna Vita Sancti Hugonis: The Life of St Hugh of Lincoln, ed. and trans. by Decima L. Douie and David Hugh Farmer, 2 vols (Oxford: Clarendon Press, 1961–1985). Aelred of Rievaulx, De spirituali amicitia, in Aelredi Rievallensis Opera omnia: I. Opera ascetica, ed. by A. Hoste and C. H. Talbot, CCCM, 1 (Turnhout, Brepols, 1971), pp. 287–350. Aelred of Rievaulx, Genealogia regum Anglorum, PL, 195, 711–738. Aelred of Rievaulx, The Historical Works, trans. by Jane Patricia Freeland, ed. by Marsha L. Dutton (Kalamazoo: Cistercian Publications, 2005). Aelred of Rievaulx, Spiritual Friendship, trans. by Mary Eugenia Laker (Washington, DC: Cistercian Publications, 1974). Aelred of Rievaulx, Vita sancti Aedwardi regis et confessoris, PL, 195, 737–790. Augustine of Hippo, De ciuitate Dei, ed. by Bernard Dombart and Alphons Kalb, 2 vols, CCSL, 47–48 (Turnhout: Brepols, 1955). Augustine of Hippo, Sermones, PL, 38, 23–1483. Bertholds und Bernolds Chroniken, ed. and trans. by I. S. Robinson (Darmstadt: Wissenschaft Buchgesellschaft, 2002). Carmen de bello Saxonico, ed. by O. Holder-Egger, MGH Scriptores rerum Germanicarum, 17 (Hannover: Hahn, 1889). Eadmer of Canterbury, Lives and Miracles of Saints Oda, Dunstan, and Oswald, ed. and trans. by Bernard J. Muir and Andrew J Turner (Oxford: Oxford University Press, 2006). Eadmer of Canterbury, Vita Anselmi, ed. and trans. by R. W. Southern (Oxford: Oxford University Press, 1972). Encomium Emmae Reginae, ed. and trans. by Alistair Campbell (London: Offices of the Royal Historical Society, 1949).

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Gregory VII, The Register of Pope Gregory VII, trans. by H. E. J. Cowdrey (Oxford: Oxford University Press, 2002). Gregory VII, Registrum epistolarum, ed. by E. Caspar, 2 vols, MGH Epistolae selectae, 2.1–2 (Berlin: Weidmann, 1920–1923). Hugh of Flavigny, Chronicon, ed. by G. H. Pertz, MGH Scriptores, 8 (Hanover: Hahn, 1848). pp. 280–503. Innocent II, Epistolae, PL, 179, 21–687. Isidore of Seville, The Etymologies of Isidore of Seville, trans. by Stephen A. Barney (Cambridge: Cambridge University Press, 2008). Jerome, Commentaria in Ezechielem, ed. by F. Glorie, CCSL, 75 (Turnhout: Brepols, 1964). Jerome, Commentaria in Ieremiam prophetam libri ui, ed. by S. Reiter, CCSL, 74 (Turnhout: Brepols, 1960). John of Salisbury, The Letters of John of Salisbury, ed. and trans. by W. J. Mellor, H. E. Butler, rev. C. N. L. Brooke, 2 vols (Oxford: Oxford University Press, 1986). John of Salisbury, Policraticus sive de nugis curialium et vestigiis philosophorum libri viii, ed. by Clemens C. J. Webb, 2 vols (Oxford: Clarendon Press, 1909). Julianus Pomerius, De vita contemplativa, PL, 59: 415–520. Lampert of Hersfeld, Annals, trans. by Ian Robinson (Manchester: Manchester University Press, 2015). Lampert of Hersfeld, Opera, ed. by Oswald Holder-Egger, MGH Scriptores rerum Germanicarum, 38 (Hannover: Hahn, 1894). Lanfranc, The Letters of Lanfranc Archbishop of Canterbury, ed. and trans. by Helen Clover and Margaret Gibson (Oxford: Oxford University Press, 1979). Liber Eliensis, ed. by E. O. Blake, Camden Third Series, 92 (London: Royal Historical Society, 1962). Manegold of Lautenbach, Liber ad Gebehardum, ed. by K. Francke, MGH Libelli de lite imperatorum et Pontificum, 1 (Hannover: Hahn, 1891), pp. 308–430. Materials for the History of Thomas Becket, Archbishop of Canterbury, ed. by J. C. Robertson and J. B. Sheppard, 7 vols, RS, 67 (London: Longman, 1875–1885). Rupert of Deutz, Vita Heriberti: Kritische Edition mit Kommentar und Untersuchungen von Peter Dinter (Bonn: Röhrscheid, 1976). Thomas Becket, The Correspondence of Archbishop Thomas Becket, ed. and trans. by Anne Duggan, 2 vols (Oxford: Oxford University Press, 2000). Two Ælfric Texts: The Twelve Abuses and The Vices and Virtues: An Edition and Translation of De duodecim abusivis and De octo uitiis et de duodecim abusivis, ed. by Mary Clayton (Woodbridge: Boydell, 2013). Vita Annonis Minor: Die Jüngere Annovita, ed. and trans. by Mauritius Mittler (Siegburg: Respublica-Verlag, 1975).

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Vita Arnoldi archiepiscopi Moguntinensis: Die Lebensbeschreibung des mainzer Erzbischofs Arnold von Selenhofen: Edition, Übersetzung und Kommentar, ed. and trans. by Stefan Burkhardt (Regensburg: Schnell & Steiner, 2014). Vita Chuonradi archiepiscopi Salisburgensis, MGH Scriptores, 11, ed. by Wilhelm Wattenbach (Hannover: Hahn, 1854). Vita Heinrici IV, ed. by W. Eberhard MGH Scriptores rerum Germanicarum, 58 (Hannover, 1899). Walter Map, De Nugis Curialium: Courtiers’ Trifles, ed. and trans. by M. R. James, rev. C. N. L. Brooke and R. A. B. Mynors (Oxford: Oxford University Press, 1983). William of Malmesbury, Gesta pontificum Anglorum, ed. and trans. by Rodney M. Thomson and Michael Winterbottom, 2 vols (Oxford: Oxford University Press, 2007). William of Malmesbury, Gesta regum Anglorum, ed. and trans R. A. B. Mynors, Rodney N. Thomson, and Michael Winterbottom, 2 vols (Oxford: Oxford University Press, 1998–1999). William of Malmesbury, Saints’ Lives: Lives of SS. Wulfstan, Dunstan, Patrick, Benignus, and Indract, ed. and trans. by Michael Winterbottom and Rodney M. Thomson (Oxford: Oxford University Press, 2002). William of Newburgh, Historia rerum Anglicarum, in Chronicles of the Reigns of Stephen, Henry II, and Richard I, ed. by Richard Howlett, vols 1 and 2 (London: Longman, 1884–1885). Wipo, Deeds of Conrad II, in Imperial Lives and Letters of the Eleventh Century, trans. by Theodor E. Mommsen and Karl F. Morrison (New York: Columbia University Press, 2000). Wipo, Gesta Chuonradi, in Wiponis Opera, ed. by Harry Bresslau, MGH Scriptores rerum Germanicarum, 61 (Hanover and Leipzig: Hahn, 1915).

Secondary sources Blattmann, Marita, ‘“Ein Unglück für sein Volk”: Der Zusammenhang zwischen Fehlverhalten des Königs und Volkswohl in Quellen des 7.–12. Jahrhunderts’, Frühmittelalterliche Studien, 30 (1996), 80–102. Clayton, Mary, ‘De Duodecim Abusiuis, Lordship and Kingship in Anglo-Saxon England’, in Saints and Scholars: New Perspectives on Anglo-Saxon Literature and Culture in Honour of Hugh Magennis, ed. by Stuart McWilliams (Woodbridge: Boydell, 2012), pp. 141–163. Clayton, Mary, ‘The Old English Promissio Regis’, Anglo-Saxon England, 37 (2008), 91–150. Healy, Patrick, The Chronicle of Hugh of Flavigny: Reform and the Investiture Contest in the Late-Eleventh Century (Aldershot: Ashgate, 2006).

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‘Medieval Libraries of Great Britain’ project at http://mlgb3.bodleian.ox.ac.uk Powell, J. G. F., ‘The Manuscripts and Text of Cicero’s Laelius de Amicitia’, The Classical Quarterly, 48.2 (1998), 506–518. Reynolds, Leighton D., ‘The Younger Seneca: De Beneficiis and De Clementia’, in Texts and Transmission: A Survey of the Latin Classics, ed. by L. D. Reynolds (Oxford: Oxford University Press, 1984), pp. 363–365. Robinson, Ian, Authority and Resistance in the Investiture Contest (Manchester: Manchester University Press, 1978). Robinson, Ian, Henry IV of Germany 1056–1106 (Cambridge: Cambridge University Press, 1999). Sharpe, Richard, The Lyell Lectures, available online at https://podcasts.ox.ac.uk/ people/richard-sharpe Staunton, Michael, Thomas Becket and his Biographers (Woodbridge: Boydell, 2006).

About the author Ryan Kemp is a Visiting Researcher at the Rheinische Friedrich-WilhelmsUniversität, Bonn, supported by a Research Fellowship from the Alexander von Humboldt Foundation. He works on representation of critics of royal power in high medieval Europe, and is completing a monograph on the representation of kingship in episcopal biographies written in twelfthcentury England and Germany.

6

Reflecting on Abuses in Religious Life From The Twelve Abuses of the Cloister to The Cloister of the Soul Constant J. Mews Abstract The twelfth century is well-known for producing a number of well-known satires on abuses within religious life, notably by Bernard of Clairvaux. Less attention, however, has been given to a treatise of the Augustinian canon, Hugh of Fouilloy, about the twelve abuses of the cloister, clearly inspired by De XII abusiuis saeculi. Hugh then expanded this treatise into a two-book version, De claustro animae (On the Cloister of the Soul), subsequently enlarged into a four-book version. Hugh’s reflections, along with the original treatise on twelve abuses of the age, helped shape awareness of abuses in religious life for over three hundred years. Keywords: Abuses, Augustinians, Hugh of Fouilloy, religious life, monastic reform, Cloister of the Soul.

Within Christian tradition, complaints about abuses within society and religious practice tend to recur in every generation. Yet particular periods generate more acute moments of anxiety which leave their mark in the written record. The chronological distribution of surviving manuscripts of the De XII abusiuis saeculi suggests that after an initial surge of interest in this text on the continent in the ninth century, there was a period of relative decline in the tenth century, followed by a multiplication of copies in the eleventh and twelfth centuries.1 One could argue that this simply reflects 1 See the table in Mews and Joyce, ‘The Twelve Abuses of the Age: Textual Traditions’, chap. 1, p. 53 above. It presents twenty-one copies from the ninth century, including extracts and summaries of the chapter headings. While fourteen copies have been identified from the eleventh century, 74 copies are identified from the twelfth. This chapter develops ideas presented by the

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch06

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a broader explosion in scribal activity during this period. In this chapter, however, I shall explore how DDAS provided a stimulus for a renewal of interest in religious life. Two categories in particular were missing from its list: those in religious life and those holding positions of responsibility within religious life. I shall explore how DDAS, which had circulated for many centuries within a monastic milieu, would find a new lease on life in the twelfth century in communities of canons regular, committed to the Rule of Augustine. DDAS makes no explicit reference to monks, abbots, or clerics. While it does have an important chapter about a negligent bishop, its failure to make explicit reference to the way of life of a monk or an abbot would provoke Hugh of Fouilloy (c. 1100–c. 1174) to compose a quite different treatise, De duodecim abusionibus claustri [DDAC], with which it is often confused.2 Hugh certainly knew DDAS, identifying it as a work of Augustine when he mentions its discussion of an old man without religion.3 His major interest, however, was in transforming his account of twelve abuses of the cloister into a work that he called De claustro animae. This work would attain the status of a medieval classic, surviving in over five hundred copies between the twelfth and f ifteenth centuries. 4 Hugh was aware that failures in iustitia were just as evident in religious life as in civil society. In this chapter I examine the context in which Hugh responded to DDAS with particular relevance to religious life.

DDAS and the movement for ecclesiastical reform The growth of interest in DDAS in the eleventh and twelfth centuries reflects increased awareness of the need to reform both ecclesiastical and religious life. Thus its ninth chapter is cited (attributed to Paterius rather than to Patrick) from the Hibernensis, in the Collectio canonum libri quinque, an author, ‘Re-reading The Twelve Abuses of the Age: From Seventh-Century Ireland to TwelfthCentury France’. 2 Despite existing in a wide number of manuscripts, the DDAC has never been printed, except as part of Hugh of Fouilloy’s De claustro animae (DCA), 2.11–23 (PL, 176, 1058C–86D). All subsequent references to DDAC and DCA are to the column in PL, 176. 3 DCA, 1.12 (1037B): ‘Sunt autem aliqui quorum senectus est garrula, iracunda, plena prouerbiis, fabulis uacans, et licet oculus eorum caecutiens tenebrescat, licet manus tremebunda cesset ab opere, licet officium suum pes ignoret, licet totus corpore et animo curuus incedat, tamen, ut ait beatus Augustinus in libro De duodecim abusionibus saeculi, cum de sene irreligioso loqueretur,’ 4 Hugh of Fouilloy, DCA, PL, 176, 1017–1182.

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eleventh-century canon law collection, heavily indebted to Irish texts. The twelve chapter headings are also cited without attribution in an appendix to the Liber quare, from the late eleventh or twelfth century.5 DDAS is assigned to Cyprian in a letter from the late eleventh-century, spuriously attributed to Fulbert of Chartres, which quotes from its ninth chapter to report that it is the king’s duty to prevent theft, punish adultery, and eliminate impiety, as well as to restrain impious sons.6 This passage would be influentially repeated by Ivo of Chartres (d. 1115) in his Decretum, and subsequently by both Peter Abelard (1079–1142) in his Sic et Non and by Gratian in his Decretum.7 A different part of the ninth chapter (also attributed to Cyprian) is quoted in an anonymous treatise attacking someone who was defending the cause of married priests, presumably in the late eleventh or early twelfth century. He argues that what was said about kings should also be applied to ‘the unworthy crowd of priests’, an abuse that also leads to a failure of the land to prosper.8 Manegold of Lautenbach (d. 1103) picks up on the same phrase of DDAS in his Liber contra Gebehardum (from the 1080s) in which he appeals to the authority of Cyprian as an outstanding martyr and bishop to argue that a king should fight for his country, justice, and the holy see, while also attacking supporters of the Holy Roman Emperor, Henry IV.9 More unusually, Bernold of Constance (c. 1054–1100), also citing DDAS as by Cyprian, draws on the reference in the tenth abuse, about the bishop having only one wife (repeating i Tim 3. 2), to urge that bishops mend their ways.10 One author who does not cite DDAS by name, but who may well be influenced by its rhetoric, is Bernard of Clairvaux (d. 1153). Whereas Peter Abelard follows a conventional patristic understanding of abusio as relating to words, Bernard of Clairvaux follows DDAS in using abusio to apply to

5 Collectio canonum in V libris, 1.235, ed. Fornasari, p. 142 and Liber quare, Appendix 2, additio 94, ed. Götz. p. 233. 6 Fulbert of Chartres, Ep. 112 (PL, 141, 258C), as argued by Behrends, ‘Two Spurious Letters’, p. 253 and in his edition of Fulbert of Chartres, The Letters and Poems, p. 1. 7 Ivo of Chartres, Decretum, 10.96 (PL, 161, 721D), from where it was repeated by Peter Abelard, Sic et Non, 154.7, ed. Boyer-McKeon, p. 254, and Gratian, Decretum, II Ca 23 q. 5, c. 40, ed. Friedberg, p. 941. 8 Contra litteras cuiusdam presbyterorum coniugatorum causam defendentis, in De Bruyne, ‘Un traité inédit’, p. 253: ‘Et sicut sanctus Cyprianus in libro de gradibus abusionum ostendit, loquens de iniquo rege, quod non minus veraciter accipiendum ait de indigna sacerdotum multitudine: Idcirco, inquit, sepe pax populorum rumpitur et offendicula suscitantur, terrarumque fructus diminuuntur et servitia populorum prepediuntur.’ 9 Manegold of Lautenbach, Ad Gebehardum liber, 1.38 and 66, ed. Franke, pp. 377 and 418. 10 Bernold of Constance, Apologeticus, 15, ed. Thaner, p. 87.

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behaviour.11 He does so much more often than previous monastic writers, including Peter Damian (d. 1072). This is first evident in his Apology, sent by Bernard to his friend William of Saint-Thierry c. 1124/1125, to castigate what he saw as the worldliness of so much traditional monasticism.12 The Apologia enabled Bernard to establish himself as an author of rhetorically powerful treatises on monastic life. He was merciless in his satire against monks indulging in extravagant meals, drink, and clothing, as well as against the negligence of prelates (de incuria praelatorum).13 In subsequent writings, Bernard shifted away from extended satire to dwell more on themes about love and how the Word of God might visit the soul. Nonetheless, he continued to make exclamations like mira abusio or magna abusio in his letters and writings, particularly his Sententiae.14 Clairvaux owned at least two complete copies of DDAS from the twelfth century, and two others containing the list of headings or one chapter, while another (attributed to Augustine) is mentioned in a later catalogue of its library.15 It is thus quite possible that Bernard was influenced, at least indirectly, by its rhetoric. Another example of possible indirect influence of DDAS on a twelfth-century writer is John of Salisbury (d. 1180). A remark that he makes in the Policraticus about avoiding oppressing anyone with unjust behaviour echoes the definition of justice in relation to kingship in the ninth chapter of DDAS.16 In general, however, John’s way of complaining about behaviour, whether in politics, society, or religious life, is much more shaped by his reading of ancient Roman authors than DDAS. 11 Peter Abelard, Theologia christana, 1.67 and 1.13, ed. Buytaert, pp. 99 and 119; Theologia ‘Scholarium’, 1.122 and 174, ed. Buytaert and Mews, pp. 367 and 390. 12 Bernard, Apologia, 12 and 18, ed. Leclercq, Sancti Bernardi Opera (SBO), iii, p. 91 (Magna abusio) and 3: 96 (Sub hac tamen abusione). 13 Bernard, Apologia, 11, ed. Leclercq, SBO, iii, p. 103: De incuria praelatorum. 14 Bernard, De consideratione, 2.10, 3.17 and 4.4, ed. Leclercq, SBO, iii, pp. 417, 436, 451; Bernard, Epist. 78.11 (utroibique abusio) and 111.2, ed. Leclercq, SBO, vii, pp. 208 and 284. Bernard, Sententiae, ser. 2, 119; ser. 3, 85, 94, 95, 109, 120, ed. Leclercq, SBO, vi.2, pp. 47, 124, 151, 153, 181, 224; De consideratione, 4.4, SBO, iii, p. 451; Epist. 111.2, SBO, vii, p. 284; Sermones in die pasche 3.1, SBO, v, p. 104; Epist. 78.11, SBO, vii, p. 208; Sententiae, 2.119, 3.85, 3.94, 3.95, 3.109, 3.120, SBO, vi, pp. 47, 124, 151, 153, 181, 224; Sermones in ascensionem Domini Sermo 2.6, SBO, v, p. 130; Sermones super cantica 36.4, SBO, ii, p. 6. 15 DDAS occurs in Troyes, Médiathèque, MS 177, fols 110–117 and MS 637, in both cases attributed to Cyprian; a copy attributed to Augustine is recorded in the 1521 catalogue of Mathurin de Cangey, Vernet, La Bibliothèque de Clairvaux, p. 413. An unattributed list of headings is preserved in Troyes, Médiathèque, MS 215 and of chap. 5 only in MS 558. 16 John of Salisbury, Policraticus, 5.16, ed. Webb, i, p. 351. John refers to abusio on only three occasions, most in relation to words: Metalogicon, 1.15, ed. Hall, p. 37 and Policraticus, 3.13 and 4.4, ed. Keats-Rohan, pp. 219 and 243.

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Hugh of Fouilloy and canonical life Unlike so many earlier readers of DDAS, Hugh of Fouilloy was not particularly interested in what it had to say about the broader social and political order. Rather, he was concerned to extend its principles to religious life. While Hugh would expand the De XII abusionibus claustri over a period of time into his De claustro animae, its core element is his discussion of twelve abuses of the cloister. They can be summarized as a conscious supplement to those of DDAS, here set out again for direct comparison: Table 6.1: Twelve Abuses of the Cloister and Twelve Abuses of the Age the negligent prelate, the disobedient disciple, the lazy youth, the obstinate old man, the court monk, the legalistic monk, a precious habit, exquisite food, gossip in the cloister, contention in the chapter, dissolute behaviour in the choir, lack of reverence on the altar.17

the wise man without good works; the old man without religion; the youth without obedience; the rich man without alms-giving; the woman without modesty; the lord without moral strength; the contentious Christian; the proud pauper; the unjust king; the negligent bishop; common folk without discipline; a people without law.

Hugh picks up on the negligent bishop as the connection of the religious life to the secular world and proceeds to identify different types of disruptive monks and monastic lifestyles that would corrupt the foundation of the monastery and the altar itself. While DDAS concludes with comment on society’s need for law, Hugh internalizes the journey, connecting abusive behaviour in monks to the defilement of the altar. To appreciate the full significance of these remarks, we need to look more closely at Hugh’s career and the particular direction of his analysis of religious life. Hugh was born and educated at Fouilloy, some twenty kilometres from Amiens, in the shadow of the ancient abbey of Corbie, founded in the seventh century by monks of Luxeuil. While Hugh very likely studied there, he decided to enter religious life, not at Corbie, but on its lands, at the 17 DDAC, 2.11 (1058C): ‘Duodecim autem sunt abusiones claustri, quibus tota religionis summa turbatur, id est praelatus negligens, discipulus inobediens, juuenis otiosus, senex obstinatus, monachus curialis, monachus causidicus, habitus pretiosus, cibus exquisitus, rumor in claustro, lis in capitulo, dissolutio in choro, irreuerentia juxta altare.’

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Augustinian house at Saint-Laurent-en-Bois. Hugh may have belonged to its founding generation. In 1132, Hugh became prior of its first daughter house, Saint-Nicolas-en-Regny (also in the diocese of Amiens), before returning to Saint-Laurent in 1154, where he remained its prior until his death in around 1174.18 In a revealingly personal narrative attached to the Cartulary of SaintLaurent, Hugh describes how he had joined the community of Saint-Laurent at an early age, when there were just four canons and three lay brothers, who had previously lived for fifteen years under the leadership of a hermit, Olric.19 Hugh recalled the simplicity of their early way of life. He reports that he joined the community before any of the other new religious orders (Templars, Hospitallers, Cistercians, and Premonstratensians) had started to prosper in the region. This means that Hugh might have joined the community at Saint-Laurent around 1115, before these other orders had established themselves.20 Hugh’s decision to become an Augustinian canon rather than a monk was not unusual in the twelfth century. While some chose a reformed monastic order, like that of the Cistercians, the choice of Hugh of Fouilloy to become an Augustinian canon reflected a different set of values. Such communities often began as a cluster of disciples around a charismatic hermit. The Rule of Augustine explicitly presented a way of life based on the example of the early apostles rather than of monks.21 Unlike the Rule of Benedict, it did not insist on separation from the world. Augustine’s ideal was that clergy should pursue pastoral care while retaining a contemplative focus. In practice, Augustinian communities imitated monks in retaining a cloister, while its canons could still work in the community. The Rule of Augustine, which survived in a number of different versions, was more flexible than that of Benedict in being more concerned with broad principles than practical rules. It was up to individual Augustinian communities to interpret its precepts. 18 See below n. 22. 19 The opening of the Cartulary is edited by Simons, ‘Deux témoins’, p. 244, from Amiens, Bibliothèque de la Société des Antiquaires de Picardie, MS CB 62; see also Hugh of Fouilloy, De auibus, ed. Clark, p. 118 and Epistola ad Reynerum, which introduces his De bestiis (PL, 177, 13): ‘Ego enim de clero, tu de militia, ad conversionem venimus, ut in regulari vita quasi in pertica sedeamus, et qui rapere consueveras domesticas aves, nunc bonae operationis manu silvestres ad conversionem trahas, id est saeculares’. 20 Simons, ‘Deux témoins’, p. 215, dates Hugh’s joining Saint-Laurent to 1115, rather than 1120, as argued by Peltier, ‘Hugues de Fouilloy, chanoine regiulier’, p. 29. On the development of the early Premonstratensian Order, see for example Wacha, ‘The Cartulary of the abbey of Prémontré’. 21 Milis, ‘Ermites et chanoines reguliers’, documents many different canonical communities which developed out of such eremitic roots.

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We are lucky to possess a customary from Saint-Nicolas, presumably drawn up by Hugh as prior, that identifies a number of normative texts to be followed by the community. It includes a selection of extracts from Augustine, including his Rule of Augustine and some of the Carolingian canons of Aachen (the so-called ordo antiquus).22 Fonseca has argued that in the De XII abusionibus claustri, Hugh was expanding on core principles established in the Rule of Augustine without adopting all of the stricter practices (the ordo nouus) adopted by Norbert of Xanten when he established the Premonstratensian Order in 1120. While Hugh was harshly critical of abuses that had crept into monastic life, he speaks with reverence for the teaching of Benedict, even if his ultimate loyalty is to Augustine.23 Towards the end of his fourth book, Hugh explains that the way of life of regular canons was based on that of the apostles. Following Augustine, he argues that the active and contemplative lives were dimensions of existence, rather than separate ways of life.24 Hugh of Fouilloy was not hostile to monasticism, but he chided those in positions of responsibility for neglecting their duties, while he also felt that too often monks abused their vocation through their worldliness. Justice needed to prevail in religious life, including among those in positions of authority. Because the Rule of Augustine is much less prescriptive than the Rule of Benedict, Hugh had to establish how it should be interpreted when he became prior in 1132 at Saint-Nicolas-en-Regny and then at its mother house of Saint-Laurent in 1154. In 1152, Hugh turned down an invitation from the archbishop of Rheims to govern a much wealthier church, that of Saint-Denis in Rheims itself. A letter survives in which Hugh declares his unwillingness to accept that position, out of loyalty to Olric, and because he preferred the simplicity of his own community.25 Hugh undoubtedly benefited from his proximity to the library of Corbie, which had been particularly active in the eighth and ninth centuries in 22 Fonseca, ‘Hugues de Fouilloy entre l’ordo antiquus et l’ordo novus’, pp. 303–304. Fonseca describes various texts preserved in Paris, BnF, MS lat. 12583 (from Saint-Nicolas, subsequently given to Corbie in the early thirteenth century). They include excerpts from: Augustine, Contra Faustum; the Praeceptum Augustini; the Institutio canonicorum Aquisgranensis; and excerpts from Augustine on the Psalms and Gregory the Great on Ezekiel. 23 DCA, 1.12 (1038C): ‘Ait beatus Benedictus’; 2 Prol. (1051C): ‘tunicam Benedicti’; 2.2 (1052C): ‘In his autem quidam monachi, quos haeredes beati Benedicti novimus esse, discretionem servant’; 2.7 (1055D): ‘ut, sicut ait beatus Benedictus, qui non possunt ex uno, ex alio reficiantur’; 2.23 (1082C): ‘Offeram ne merulam beati Benedicti’. 24 DCA, 2.14 (1063A): ‘sic Mariae et Marthae precibus adjuvatur Lazarus ad vitam. Cum Rachel et Lia Jacob revertitur, quando aliquis desiderio bene operandi gradiens, activae et contemplativae vitae sociatur.’ On this theme, see Constable, ‘The Interpretation of Martha and Mary’. 25 The letter is edited by Negri, ‘Una lettera di Ugo di Fouilloy’, pp. 364–365.

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building up one of the largest collections of patristic and classical manuscripts (some very rare) in France.26 Having been founded in the seventh century by monks from Luxeuil, itself established by Columbanus (d. c. 615), Corbie had a particular interest in collecting Hiberno-Latin texts. The abbey maintained close connections with other foundations of similar antiquity, including Saint-Denis in Paris and Saint-Martin at Tours. While no early medieval copy of DDAS survives from Corbie, it seems very likely that it once owned an early copy of the work. In the mid-twelfth century, a monk of Corbie, named Hubertus Dursens, produced a copy of DDAS (Paris, BnF, MS lat. 12270, fols 33ra–37va), in which it is attributed to Cyprian. A ninth-century manuscript containing DDAS that also contains other texts held at Corbie is now in Zurich, Zentralbibliothek (MS Rheinau 95). Fintan may have acquired it on his travels in Europe.27 While Hugh of Fouilloy attributed DDAS to Augustine rather than Cyprian, it seems quite likely that he came across its text at Corbie, even though it is impossible to prove this decisively. As an Augustinian canon, Hugh of Fouilloy devoted himself to producing a remarkable series of works about the spiritual life. He was certainly influenced by Hugh of Saint-Victor (d. 1141), but rather than produce syntheses of doctrine or commentaries on Scripture, he focused on texts for a non-scholastically trained audience in which his focus was more on moral integrity within religious life. Hugh of Fouilloy’s technique was to interpret concrete visual images to communicate his sense of true religio and the uita regularis. One of the most successful of these was the De auibus (On the Birds), in which he identifies some fifty different birds, each of which he uses to promote a specific moral message about both the active and contemplative lives. In an opening letter to his friend Reyner, a lay-brother (who used to keep hawks), Hugh explains that he was writing the work not for scholars, but for those who delighted in learning from pictures.28 This technique encouraged illuminators to expand upon the text with often magnificent images—possibly inspired by Hugh’s own drawings. Hugh 26 On the library see Ganz, Corbie in the Carolingian Renaissance, with comment on connections to Tours on pp. 58–68. 27 Zurich, Zentralbibliothek, MS Rheinau 95, fols 2r–19v De XII abusivis saeculi (unattributed). The MS also contains, after fols 20r–44v, Isidore, Allegoriae S. Scripturae [Liber de interpretatione quorundam nominum Veteris Novique Testamenti, PL, 83, 99–130]; it also contains on fols 45r–57r Publilius Syrus, Sententie [Senecae Proverbia: rare early copy] and fols 87r–91v Tertullian, Apologeticum, a rare text of which Corbie had a complete copy. On the travels of Fintan of Rheinau, see Vita Sancti Findani, ed. Holder-Egger, p. 504. 28 De avibus, ed. and trans. Clark.

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also produced a number of other relatively short treatises, all concerned with distinguishing true from false religion: the De medicina animae (On the Medicine of the Soul); the De nuptiis (On carnal and spiritual marriage); the De rota uerae et falsae religionis (On the wheel of true and false religion); and the De pastoribus et ouibus (On the Shepherds and the Sheep), a moral reflection on leadership within the Church. Hugh was particularly concerned with the problem of hypocrisy within religious life.29 Hugh’s most important composition, however, was the De claustro animae, a work which appears to have started life as the De XII abusionibus claustri.30 The fact that Hugh of Fouilloy’s works often circulated under the name of Hugh of Saint-Victor, even during his own lifetime, has only heightened a tendency for the contribution of Hugh of Fouilloy to be ignored. The two treatises, about the abuses of the age from the seventh century and about abuses of the cloister from the twelfth, would provide their readers with a continuous reminder that all was not well with the world, either in political or religious life. Important steps towards a critical edition of the De claustro animae have been laid by Franco Negri in a series of critical studies and a doctoral thesis from 2012.31 The core text that prompted this composition, the treatise on the twelve abuses of the cloister has, however, attracted only limited attention. While one could argue that they have been extracted from the De claustro animae, it seems more likely that the discussion of abuses of the cloister provided a foundation for the larger work.32 The image of ‘the cloister of the soul’ was one of great originality, although it draws on patristic roots as 29 See the editions by De Clercq, ‘Le Liber de rota verae religionis d’Hugues de Fouilloi’, and ‘Le Liber de pastoribus et ovibus d’Hugues’. See also the De medicina animae (PL, 176, 1183–1201), the De nuptiis (PL, 176, 1201–1218). 30 A typescript edition of bk. 3 of DCA was prepared in 1965 by Gobry, within an unpublished dissertation, ‘Hugonis de Folieto’, of which the introduction was published in 1995 as Gobry, Le De claustro animae d’Hugues de Fouilloy. Over 500 MSS are listed on the informative website https://www.arlima.net/eh/hugues_de_fouilloy.html. This list does not distinguish the different versions of the treatise, namely those containing just bks. 2 and 3. Negri, ‘Il De claustro animae di Ugo de Fouilloy’, pp. 403–413 (357 MSS), supplemented by Negri, ‘Ancora sul De claustro animae’ (listing 69 MSS). 31 Negri, ‘Per una lettura’ (2012), preceded by various studies published in Aevum between 2006 and 2011. 32 Negri, ‘Per una lettura’, p. 79 mentions the DDAC (= DCA 2.7–23) in passing, and the influence of DDAS on this work, with a brief comment on its circulation, with reference to a single MS, Lincoln, Cathedral Chapter Library, MS 241 (s. xiii in). Many MSS of DDAC are included within the larger list of MSS of DCA as 2.7–23, within the entry for Hugh of Fouilloy in the database Mirabile. Archivio digitale della cultura medievale.

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Gerhard Bauer has demonstrated.33 Hugh’s treatise would open the way to a multiplicity of vernacular writing in subsequent centuries about the cloister as an image of the heart. The impact of the De claustro animae on medieval French and English spiritual literature has been studied by Christiania Whitehead, and by Janice Pinder through her exemplary study and edition of a key thirteenth-century French text, The Abbey of the Holy Ghost.34 Jeroen Laemers has described this work as providing ‘a template for the mind’, enabling it to grow in virtue.35 Missing from these studies is awareness of how Hugh first sketched out his ideas in De XII abusionibus claustri. This work, subsequently expanded into the De claustro animae, is concerned not with monastic life as such, but with the broader concept of religio as based on an upright moral life and a clear conscience. The notion of ‘the cloister of the soul’ conceals the extent to which it was inspired by dissatisfaction with abuses in religious life, at least in relation to the material cloister. In the De XII abusionibus claustri, Hugh uses criticism of worldly prelates and monks to formulate his own conception of religio, a notion of interior piety subtly different from the vita monastica. Hugh’s technique of seeking to spiritualize imagery from the cloister had the effect of shifting attention away from external rules to discipline of the mind. In the process, Hugh transforms the ethical injunctions of DDAS to be relevant to potential abuses within claustral religious life. In renaming his discussion of the twelve abuses of the cloister, De claustro materiali, Hugh provides a foundation of his understanding of the spiritual cloister. He does so by reflecting on concrete images drawn from experience and interpreting them tropologically—as lessons about how to live. His emphasis on poverty was relevant to a wide range of reformed communities, both Augustinian and monastic, which sought to distance themselves from contemporary practice of religious life. His reflections on abuses of the cloister appealed to both Augustinian canons and Cistercian monks. In the thirteenth century, they would appeal to the mendicant orders. Through adaptations into the vernacular, Hugh’s focus on internal religio would be of great influence in shaping the spirituality of lay women. 33 Bauer, Claustrum animae, pp. 32–222, traces the history of the image of the heart as a cloister, with particular reference to German mystical tradition. Gregory the Great, Moralia in Job, 28.19, ed. Adriaen, p. 1430, speaks of claustra cordis (the closed things of the heart). 34 Whitehead, ‘Making a Cloister of the Soul’, pp. 3–8, offers an important overview of the genre in Middle French and English texts, as well as some perceptive comments on the DDAC of Hugh of Fouilloy. On his influence, see Pinder, The Abbaye du Saint Esprit, pp. 17–18, 22, with an edition and translation of that text on pp. 131–200. 35 Laemers, ‘Claustrum animae’, p. 124.

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De duodecim abusionibus claustri The first of Hugh of Fouilloy’s twelve abuses of the cloister, the negligent praelatus, applies to anyone in a position of authority in the Church, but is juxtaposed with the figure of the disobedient disciple. Also very similar to the categories of DDAS are the categories of the lazy young man and obstinate old man. More original, however, are Hugh’s categories of the court (curialis) and litigious monks. These are followed by three further couplets about unworthy behaviour: extravagant dress and exquisite food, rumour and dissent in the cloister and chapter. The list climaxes with comment on dissolute behaviour in the choir and irreverence at the altar. These categories enable Hugh to reflect on what constitutes summa religionis, a phrase he frequently invokes. While Augustine had once mentioned the summa religionis as ‘to imitate the one whom you worship’, this phrase had not been widely used in religious literature.36 Bernard of Clairvaux mentions it just once, Hugh of Saint-Victor not at all.37 Hugh of Fouilloy transfers the term summa, conventionally applied in the twelfth century to a synthesis of doctrine, to religio, understood as a way of life. Each of these categories constitutes a failing in iustitia, the justice and righteousness embodied in the person of Christ, who provided a true model of service to humanity. The traditional focus of monastic teaching, as defined by Cassian, had been on the cultivation of the virtues and elimination of the eight vices at a purely personal level, beginning with gluttony and ending with pride.38 The originality of DDAS was to replace abstract vices with inappropriate behaviour by specific groups in society. Hugh of Fouilloy employed a similar pedagogical strategy to criticize what he saw as abuses in the cloister and develop his own account of the behaviours that true religion should inculcate. In doing so, however, Hugh introduces Augustinian categories of sin and grace, not used as such in DDAS. At the same time, Hugh combines these terms with a moral perspective derived from Cassian and Gregory the Great. Corrupt behaviour is not simply a consequence of original sin. Hugh is very aware of the corrupting power of prosperity and wealth in religious life, and emphasizes poverty and humility. Hugh begins his opening tirade in De XII abusionibus claustri about the negligent prelate with an observation drawn from the late fifth- and 36 Augustine, De ciuitate Dei, 8.17, ed. Dombart and Kalb, p. 234; it was used, for example, by Hervé of Bourgeuil, Commentaria, 12, PL, 41, 763. 37 Bernard of Clairvaux, Sermones super Psalmum Qui habitat, ed. Leclercq, SBO, 4, p. 465. 38 Cassian, Conlationes 5, ed. Petschenig, pp. 119–121.

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early sixth-century bishop, Fulgentius of Ruspe (whose De fide circulated under the name of Augustine) about the range of people’s motivations and capacities: ‘There are some who know and can, and want to be in charge, some who know and can, but do not want this; some who neither know nor can, yet want, some who neither know nor can, nor want to be in charge’.39 Hugh argues that ‘negligence enters through foolishness, remains through inertia, is nourished by ambition, and rules through pride’.40 He goes further in complaining that: While they impose heavy and impossible burdens, they do not lift a finger to move them, they flee from what they teach. … They live apart from the community and retreat from the common council of brothers. 41

The second abuse, the disobedient disciple is just as guilty of pride as the negligent superior. The third abuse is that of the lazy youth. Hugh offers here a tirade not just against the young, but against all those leaders guilty of laziness, whether they be bishops, priests, abbots, or priors. 42 Under the fourth abuse, the obstinate old man, he includes those stubborn prelates who should mourn when they are deprived of their office. 43 When speaking about the courtly monk, Hugh also observes that there is a great difference between the courts of those princes who build churches and those of princes who pull them down. The litigious monk he describes as ‘burdened with charters, he returns [from Rome] supported by authorities, he calls people, those who are ready to swear to what is or is not the case’. 44 These are all failures of iustitia within religious life. 39 DCA, 2. 12 (abusio 1, 1058D); cf. Fulgentius of Ruspe, De fide ad Petrum, 29, ed. Fraipont, p. 730. 40 DCA, 2.12 (abusio 1, 1059A): ‘Per stultitiam intrat negligentia, per inertiam manet, ambitionis desiderio pascitur, per superbiam regnat.’ 41 DCA, 1 (abusio 1, 1060AB): ‘Cum onera gravia et importabilia imponunt, et ea digito movere nolunt, fugiunt quod praecipiunt; fugiunt, cum se subtrahunt; fugiunt, cum per alienas domos vagantes discurrunt; fugiunt, qui quae sua sunt quaerunt; fugiunt, licet praesentes sint, qui cum negligentias viderint, se sub silentio abscondunt; fugiunt, qui remoti a conventu sub otio vivunt, qui a communi fratrum concilio recedunt, qui prava agunt et reprehendi nolunt.’ 42 DCA, 2.14 (abusio 3, 1063D). 43 DCA, 2.16 (abusio 5, 1065D): ‘Perversi quidem praelati dolent, cum viderint numerum religiosorum multiplicari, timent cum vident David, id est bonos subditos ungi in regem, et Saul dejici, id est perversos praelatos honore praelationis privari.’ 44 DCA, 2.17 (abusio 6, 1069B): ‘Oneratur chartulis, auctoribus fultus reuertitur, ponit diem causae, personas inducit, quae si velis, paratae sunt jurare quod est, et si velis, iterum jurare quod non est.’

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The originality of Hugh’s analysis comes out in his discussion of conscience and life as the two founding principles of justice, namely a good conscience in the sight of God, and a good life in the sight of men. The world and the cloister are not necessarily different spaces: All justice of the law depends on these two principles. … If there is any perfection in the world, it can be found in the cloister. For integrity cannot be kept unless poverty is loved. For those who abound in riches, if they have a heart, are weighed down with cares, and caught up with business.45

He is aware that the cloister is no guarantee of moral or spiritual behaviour. Hugh concludes his chapter on extravagant habits by lamenting: I myself have seen a monk robed in a special alb, saying that the thread is more expensive than the alb itself, … someone who before putting on a habit, used to go on foot and never used to wear linen. And so this can be called an abuse not so much of the cloister, as of the age. 46

He has similar revulsion for those who had become fussier over extravagant food than they were before they entered religious life.47 His ninth and tenth abuses are about chatter in the cloister and argument in the chapter. He sees this as providing a flood of distracting verbiage. Under the eleventh abuse, about behaviour in choir, he laments those who glory in their voice, singing not what is in the book, but to show off their skill: ‘What is the use of sweetness of the voice, if there is no sweetness of the heart?’48 In the final chapter about lack of reverence at the altar, Hugh attacks both religious 45 DCA, 2.17 (abusio 6, 1070BC): ‘In lege etenim Domini duo testes sunt, vita et conscientia; duo judices, meditatio et scientia; duo consiliarii, amor proximi et amor Dei. Bonus testis bona vita. Coram Deo testis est conscientia, coram hominibus vita. Concordant autem in judicio scientia et meditatio, dum quod fit aut quod dicitur diligenti consideratione providetur. Tota vero justitia praedictae legis pendet ex duobus praecedentibus consiliariis. Ex his duobus mandatis tota lex pendet et prophetae. Si quid igitur in hoc saeculo perfectionis est, in claustralibus reperiri potest. Nec tamen servari potest integritas, nisi diligatur paupertas. Qui enim divitiis abundant, si cor apponant, gravantur curis, implicantur negotiis.’ 46 DCA, 2.18 (abusio 7, 1072AB): ‘Vidi et ego, ni fallor, monachum camisiam indutum, locantem et dicentem: carior est stamina, quam camisia; … Qui tamen ante conversionis habitum, pedes ire consueverat, nec semper lineis induebatur. Et ideo haec abusio non tantum claustri, sed etiam abusio saeculi potest appellari.’ 47 DCA, 2.19 (abusio 8, 1073B): ‘Et fit quandoque, ut qui in sua domo ante conversionem sobrie vixerat, postmodum in monasterio gulosus fiat.’ 48 DCA, 2.22 (abusio 11, 1081B): ‘Quid prodest dulcedo vocis sine dulcedine cordis?’

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and priests alike for their unworthiness in receiving the sacrament: ‘Daily, religious approach the body of Christ, as also corrupt priests, who offer at the table of Christ what they offer at the table of the devil’. 49 Hugh concludes the De XII abusionibus claustri by summarizing the virtues he wants to see in any religious community. Prelates show concern to those under them, who in turn are obedient; the old are devout, the young are hardworking. All are modest in dress and food, more attached to the cloister than the court, intent on study, simplicity, and reverence.50 Sections of the eleventh chapter about dissolute behaviour in the choir are reproduced verbatim in a treatise, De interiori domo, circulated in the late twelfth century under the name of St Bernard.51 While it could be argued that Hugh is drawing on the De interiori domo, it seems more likely that this treatise is in fact drawing on the De XII abusionibus claustri. It takes over Hugh’s technique of spiritualizing the cloister, but transfers it to the image of an interior house. In the Cistercian text, there are none of the explicit criticisms of contemporary practice that we find in Hugh of Fouilloy’s treatise.

The evolution of the De claustro animae At some moment, Hugh of Fouilloy started to transform his discussion of twelve abuses of the cloister into the work for which he has become most widely known, the De claustro animae or On the Cloister of the Soul. The change in title may reflect Hugh’s evolving desire to move away from being seen as a critic of contemporary practice, towards being seen as a 49 DCA, 2.23 (abusio 12, 1085C): ‘Accedunt quotidie ad corpus Christi religiosi, accedunt et perversi sacerdotes, qui ea, quae offeruntur ad mensam Christi, offerunt in mensa diaboli.’ 50 DCA, 2.23 (abusio 12, 1086CD): ‘Praelati subditos diligenter custodiant, subditi praelatis benigne obediant, devoti sint senes, laboriosi juvenes, sit honestas in habitu, mediocritas in victu, in claustro assidui, ad curiam rari; ut non sint curiales, sed claustrales; sint intenti psalmis, non causis; in claustro non sit rumor, sed lectio; in capitulo non lites, sed confessio; sit in choro severa simplicitas, circa altare reverentiae honestas. Ex his igitur observantiae mandatis pendet summa totius religionis.’ 51 Negri, ‘Per una lettura’, p. 40 argues that DDAC, 2.22 (abusio 11, 1080C) is dependent on PseudoBernard, De interiori domo, 11/39 and 28/59 (PL 184, 525D). The Cistercian treatise does seem the more derivative work, however. The opening of the De interiori domo, 1 (PL 184, 485A: Multi multa sciunt, et se ipsos nesciunt. Alios inspiciunt, et se ipsos deserunt) seems to be inspired by the opening of DDAC (= DCA, 2.12, abusio 1, 1058D). Giraud, Spiritualité et histoire, pp. 166–67, observes that the De interiori domo also has close textual links to the Pseudo-Bernard, Meditationes de interiori homine (PL 184, 485–505).

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distinctly spiritual writer—even though he still maintained his original complaints about abusive practice within the larger treatise. There is no clear evidence as to precisely when Hugh first started to transform his discussion of claustral abuses into a larger work about the material and spiritual cloister. The complex manuscript tradition of the various versions of the De claustro animae suggests that it was a work in continuous evolution. It seems that initially he transformed his account of twelve claustral abuses into discussions of the material and spiritual cloister.52 In a second stage, Hugh expanded this into four books, with the discussion of the twelve abuses of the cloister now providing the final part of its second book. One precious clue as to when this happened, signalled by Negri, is provided by a manuscript (Charleville, BM, MS 12, fols 1r–27v) from the Premonstratensian abbey of Belval in the Ardennes (founded by Norbert of Xanten in the early 1120s). It contains only what became the second book of Hugh’s treatise, introduced by an unusual title (Liber de canonicorum vita). Because this manuscript carries a scribal note that it was copied in 1149, Hugh must have completed his initial expansion of his discussion of abuses of the cloister before this date.53 Another twelfth-century scribe subsequently identified this text as the second book of the treatise on the cloister of the soul, but erroneously assumed that it was written by Hugh of Saint-Victor.54 The major conceptual development that Hugh introduced was to conceptualize the notion of the material cloister (claustrum materiale) as distinct from that of the spiritual cloister. This image of a material cloister does occur once in a sermon of Isaac of Stella (writing between 1142 and his death in 1169), and once in the De panibus of Peter of Celle (1115–1183), but both cases seem more likely to have been influenced by Hugh of Fouilloy’s treatise, rather than the other way round.55 Exactly when Hugh decided to create his 52 Twelfth-century witnesses to this two-book version (= DDAC, 2–3.1–9) include: Cambridge, CUL, MS Ii.1.41, fols 94r–152v; Berlin, Staatsbibl., MS theol. lat. qu. 328, fols 108, I–IV; Paris, BnF, MS lat. 3244, fols 74vb–107va (c. 1170, from Fontenay); Paris, Bibl. Sainte-Geneviève, MS 237; Angers, BM, MS 302; Rheims, BM, MS 446; Troyes, Médiathèque, MS 637. 53 Negri, ‘Il “De Claustro Animae” di Ugo di Fouilloy’, p. 398. The 1149 date occurs in Charleville, BM, MS 12, fol. 68r (from the Premonstratensian abbey of Belleval) after a copy of Julian of Toledo, Prognosticon, copied by the same scribe as responsible for DDAS. On the manuscripts of Belval, see Collin Roset, ‘Une importante bibliothèque de Prémontré’. 54 Charleville, BM, MS 12, fol. 1r: ‘Incipit secundus liber magistri Hugonis de Sancto Victore De claustro animae continens de claustro materiali, qui est ecclesie beate Marie Bellevallis ordinis praemonstratensii.’ 55 Hugh refers to the claustrum materiale extensively in DCA, PL, 176, 1019B, 1051B, 1051C, 1085D, 1088D, although not in DDAC (i.e. DCA 2.7–23). The phrase is used once by Isaac of Stella, Sermo 55.17, ed. Raciti, SC 339, 278, and twice by Peter of Celle (1115–83), Liber de panibus, PL,

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list of abuses of the cloister is not certain. The polemical character of Hugh’s discussion of the abuses of the cloister suggests that this might be an early work, written while Hugh was prior of Saint-Nicolas (between 1132–1154), serving to outline his approach to religious life. In 1149, Eugenius III approved the privileges of Saint-Laurent and acknowledged that it followed the Rule of Augustine, although it would initially have been adopted many years earlier.56 Hugh of Fouilloy may well have been working on his understanding of religious life during his time at Saint-Nicolas. In the preliminary letter that he added immediately before the text of his account of the abuses of the cloister, Hugh extols the virtues of poverty and humility against the arrogance of those in big churches, who look down on the poor—as if his own community was still very modest in its possessions. While he acknowledges that there are some virtuous monks around (presumably alluding to the Cistercians), he is harshly critical of those who looked down on the poor.57 The added chapters that precede his account of the twelve claustral abuses tend to be more practical in character, as if they date from the time that Hugh first became prior at Saint-Nicolas. He did not want communities to become too large, and those living in cells (like hermits) were not bound to follow the rules of the cloister.58 He says that they could own lands, but should not collect tithes from towns or merchants, only from those working the land.59 Another chapter lays down just what and how much canons could eat, as if he was laying down precepts for his community.60 The introduction concludes with a moving homily on the wise prelate as one who is not negligent, and a polemic against those who do not live up to such standards: ‘Such people do not reverence the dignity of prelates, nor fear power, but they abuse claustral law, and disturb the statutes of the cloister’.61 Hugh created his treatise on the cloister of the 202, 1021CD. These references testify to the early influence of Hugh of Fouilloy’s writings at least by the 1160s. 56 Cartulary of Saint-Laurent, fol. 2v, reported in Peltier, ‘Hugues de Fouilloy, chanoine regulier’, p. 30. 57 DCA, 2 Prol. (1051C): ‘Sunt etiam in majoribus ecclesiis aliqui sublimes oculis, inflati superbiae spiritu, qui pauperes fratres cum superuenerint, ex latere respiciunt, derident eos, detrahunt illis, uacantes otio, ponentes symbolum, quasi canes dente liuido ossa pauperum fratrum corrodentes…’. 58 DCA, 2.2 (1052BC): ‘Qui uero per cellulas duo, uel tres, uel etiam quatuor, aut quinque simul habitant, claustrali non coarctantur lege, loquuntur et quando, et cui, et quomodo uolunt.’ 59 DCA, 2.5 (1053D). 60 DCA, 2.7 (1055D–56A). 61 DCA, 2.10 (1058BC): ‘Tales praelatorum dignitatem non reuerentur, nec potestatem timent, sed abutuntur lege claustrali, et claustri statuta turbant.’

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soul as a way of fleshing out both the specific practices and more general principles by which their way of life should be governed. Hugh then provides a second book which he says is about the spiritual cloister. His technique is to comment on a range of physical and administrative features of religious life, in order to expound their spiritual significance. The cloister of the soul is contemplation itself, with its four sides and various columns as signifying the virtues. The guest-house is like the mind, and the chapter house, where faults of the mind are chastised by reason.62 The physical labours of monks signify spiritual effort, as in reading, the refectory, the dormitory, the oratory, and then the Temple of Solomon, all having their interior meaning with the goal of establishing true religio63 Having outlined twelve physical abuses in claustral life, Hugh presents the interior dispositions that must be developed in their place. He continues to berate those who damage true religious life by their behaviour.64 It is not just the Temple that embodies the cloister, but Stephen the first martyr who embodies the true temple of Christ’s body. This exegesis enables Hugh to offer a spiritual reading of all the details about those who served in the Temple of Solomon, its pavement and interior atrium, and the personnel who worked around its altar.65 Hugh’s focus is on the development of a disciplined interiority: Let your prayer therefore be discerning and hidden, sweet and humble, discerning because of idiots, hidden because of hypocrites, sweet and humble in desire, so it might love what it seeks, wisely desiring humble things, nothing deep.66

While this two-book version of the treatise on the material and spiritual cloisters circulated widely, Hugh subsequently enlarged it by adding a first and fourth book, all serving to fill out a summa religionis. In the new first book, Hugh identifies the various temptations that beset religious life. His first target is bishops who construct vast churches, decorating them with

62 DCA, 3.1–6 (1087B–94C). 63 DCA, 3.7–11 (1094C–1114A). 64 DCA, 3.12 (1114D): ‘Tales dico quotidie occidunt, et eosdem in cibum sumunt, quia carnales quosque mundo mortuos, in corpus Ecclesiae praedicando conuertunt.’ 65 DCA, 3.12–29 (1114A–30D). 66 DCA, 3.29 (1130C): ‘Attende ergo ut oratio tua sit discreta et secreta, dulcis et humilis. Discreta propter idiotas, secreta propter hypocritas, dulcis et humilis appetitu, ut quod appetit diligat, nihil altum sapiens humilia concupiscat.’

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extravagant art.67 Monks come also under his scrutiny: ‘Monks make cloisters for themselves in which the exterior man can be held; but would that they made cloisters by which the interior man may be held and ordered.’68 He then reflects on what religio should mean to a range of groups: the poor and the rich, the ‘middling sort’ (mediocri), the sick, the fussy in diet, the physically strong, the penitent, for whom it should be merciful, and the good. Hugh always speaks about religio, not monastic life. His emphasis is on both social and psychological virtues: ‘smooth in living together, merciful in speech, quiet in mind, secure in action’.69 In the added fourth book, Hugh expands on his earlier reflections on the spiritual cloister by reflecting on the various features of the heavenly Jerusalem, including its gates, walls, and the tree of Paradise. He reflects on how God speaks continuously to the angels and to the saints. Hugh completes his analogy by comparing God the Father to a supreme abbot and Christ, sent to redeem humanity, to a prior, placed over those in his charge. In a sense he is creating an overview of theology, that starts with fallen humanity and concludes with the heavenly Jerusalem, all inspired by his reflection on an Irish treatise about twelve abuses of the age. If there is any single text apart from DDAS that helped inspire Hugh of Fouilloy in his critique of religious life, it is the Apologia that Bernard of Clairvaux sent to his friend, William, Benedictine abbot of Saint-Thierry.70 Hugh quotes a satirical observation that Bernard (referred to as quidam sapiens) makes about the similarity of the hood worn by a monk and a knight, adding that the same is true of the hood of a canon.71 It is striking that not only did Clairvaux own several copies of Hugh’s ‘Cloister of the Soul’, but in these and other manuscripts, DDAS is often copied alongside Hugh’s account of the abuses of the cloister.72 Whether Hugh of Fouilloy 67 DCA, 4.1 (1019CD): ‘Episcopi domos non impares ecclesiis magnitudine construunt, pictos delectantur habere thalamos, uestiuntur ibi imagines pretiosis colorum indumentis.’ 68 DCA, 4.1 (1020A): ‘Monachi faciunt sibi claustra quibus homo exterior teneri possit; sed utinam claustra facerent quibus homo interior ordinate teneretur!’ 69 DCA, 4.18 (1049D): ‘Suauis est in cohabitatione, mitis in sermone, quieta in mente, secura in actione.’ 70 See above. n. 12. 71 DCA, 2.18 (= abusio 7; 1070D–71A): ‘Cappa canonici, et cuculla monachi non differunt a pallio militis; sed, ut ait quidam sapiens, miles et monachus ex eodem panno partiuntur cucullam.’ This refers to Bernard, Apologia, 25, ed. Leclercq, 3, p. 102. 72 DDAS occurs together with DDAC of Hugh of Fouilloy in the following twelfth-century MSS: Troyes, Médiathèque, MS 637 (after DDAS and DDAC); MS 177, fols 110r–117r (after DDAC and other texts); MS 558; Rheims, BM, MS 116, fols 155r–158v; Cambridge, CUL, MS Ii.1.41, fols 84r–96v. Later MSS combining DDAS and Hugh of Fouilloy include: Rheims, BM, MS 1401, fol. 107r (s. xiii); Tours, BM, MS 396, fols 112r–114v (s. xiv); Berlin, Staatsbibl. zu Berlin, MS theol. lat. fol. 178, fols 200v–201r (s. xv).

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discovered DDAS through Bernard of Claivaux is impossible to say. In any case, it is clear that Hugh’s criticism of abuses in religious life found a willing audience in a Cistercian milieu. Another author whom Hugh of Fouilloy held in high regard was Hugh of Saint-Victor. Speaking about the De archa Noe, Hugh of Fouilloy says that it was written by quidam sapiens: ‘The letters of this book are written in the secret places (claustra) of the humanity of Christ, but are illumined by the gold of his divinity’.73 He was inspired by the Victorine’s discussion of various features of Noah’s Ark to develop the idea of the symbolic potential of various aspects of the cloister. Yet Hugh of Saint-Victor never made public criticism of monastic practice in the manner of Hugh of Fouilloy, preferring to focus on theological questions, above all about the sacraments. By contrast, Hugh of Fouilloy rarely spoke on sacramental themes. He preferred to combine Bernard’s invective against monastic abuses with the spiritual side of Hugh of Saint-Victor’s teaching. DDAS provided an initial stimulus for prompting him to write about the failings of both prelates and monks, alongside these other writings of Bernard and Hugh of Saint-Victor.

Conclusion As an Augustinian canon, Hugh of Fouilloy was motivated to compose a treatise on the twelve abuses of the cloister that addressed issues in religious life barely touched on by the original treatise on the twelve abuses of the age. Hugh picked up on its tenth abuse, about the negligent bishop, but extended this to confront a range of behaviours within religious life that he considered demanded attention. Whereas in the Carolingian period there had been much interest in what DDAS had to say about kingship, Hugh of Fouilloy belonged to a generation preoccupied by the need to reform religious life. His decision to join a newly established Augustinian community at Saint-Laurent, situated on the lands of Corbie, rather than become a monk at that ancient monastery echoed a wider move in the twelfth century to focus on religious life rather than on monastic life in particular. Hugh was certainly aware of the criticisms of traditional monasticism made by Bernard 73 DCA, 4.33 (1172CD): ‘De hoc libro quidam sapiens dixit quod ejus origo sit aeterna, incorruptibilis essentia, cognitio vita, scriptura indelebilis, inspectus desiderabilis, doctrina facilis, scientia dulcis, profunditas instructibilis, verba innumerabilia: et tamen unum verbum omnia. Hujus libri litterae in claustra humanitatis Christi sunt scriptae, sed auro diuinitatis illuminatae.’ The reference is to Hugh of Saint-Victor, De archa Noe, 2.7, ed. Sicard, p. 48. See Negri, ‘Per una lettura’, pp. 23, 39 and 82.

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of Clairvaux in his Apologia (including the lack of concern shown by those in positions of responsibility within the Church). Yet where Bernard advocated returning to strict observance of the Rule of Benedict, Hugh of Fouilloy had committed himself to the Rule of Augustine, which put forward the example of the early apostles living in Jerusalem as a guide to follow, rather than of those seeking salvation through abandoning the world. While Hugh’s initial idea was to write a treatise about abuses in religious life, he gradually expanded this into a treatise which distinguished the material cloister, in which so many religious were caught up, from the cloister of the soul, where spiritual values could be pursued. At a time when the institution of monastic life was ceasing to command the automatic respect it had enjoyed in previous centuries, Hugh was providing a way for re-conceptualizing religious life, by commenting on the inner meaning of its external structures. In the process of focusing on religious life, Hugh of Fouilloy inevitably passed over those wider issues of injustice within society at large. By focusing his writing on abuses within religious life rather than within society as a whole, Hugh narrowed his understanding of iustitia to its meaning of personal moral righteousness within religious life, rather than its meaning of justice in wider society. Yet concern for iustitia did demand reform within religious life, among those in authority as much as ordinary monks and religious. Hugh considered that DDAS offered a precedent for identifying issues of contemporary concern. It encouraged Hugh to develop his own list of abuses within religious life. While he was not particularly concerned with expounding doctrine, in the manner of Hugh of Saint-Victor, he did appreciate the latter’s interest in using physical images as a point of departure for reflecting on the observance of religious life. Whereas Bernard of Clairvaux was concerned with addressing other monks, Hugh sought to reach a wider audience of all those concerned with religious renewal. His interest was not simply in focusing on the vices and virtues on the pattern of Cassian. Rather Hugh used DDAS to craft a tirade against negligent prelates and litigious and disputatious monks as a basis for presenting the principles of a true religious life around values of poverty and humility. Hugh subsequently expanded his account of twelve abuses of the cloister into a two-book version of a treatise that he called On the Cloister of the Soul. It contrasted the abuses and injustice of the material cloister with the positive values of spiritual cloister. Hugh was here inspired by Hugh of Saint-Victor’s treatise, On the Ark of Noah, in which each of its architectural features had a moral and spiritual significance. Hugh of Fouilloy’s genius was to combine awareness of abuses in religious life with a template for presenting positive attitudes and behaviour. Hugh would subsequently expand the work into a four-book

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version of the treatise, known generically as On the Cloister of the Soul. His major concern was to expound true religio, as a foundation for a community to live by the iustitia required by the law of God, embodied in the person of Christ. This vastly popular work can be read as his effort to distinguish true religious life from various types of behaviour that he disliked. The frequency with which the different versions of Hugh’s treatise were copied, even during his own lifetime, shows that he had found a pedagogical style that spoke to a wide range of contemporaries. One reader who was inspired both by the Irish DDAS and Hugh of Fouilloy’s De XII abusionibus claustri was Nigel Wireker (d. after 1206), a monk of Christ Church, Canterbury, who did not hesitate to use his poetic skills to poke fun at pretentious clerics and monks.74 Both treatises, on the abuses of the age and of the cloister, are alluded to by Paul of Hungary, a Dominican from the first half of the thirteenth century. He observes in his Summa de poenitentia that among claustrales there were many abuses that a priest could ask about. John of Wales similarly refers to both treatises in his Communiloquium.75 The lists of abuses were probably even more influential than the treatises themselves. In the thirteenth century, DDAS did not command quite the popularity that it had previously enjoyed. Both Alexander of Hales (d. 1245) and Vincent of Beauvais (d. 1264) referred to the treatise, but not Albert the Great (d. 1280) or Thomas Aquinas (d. 1274).76 Possibly, this was because they had doubts 74 Nigel Wireker, ed. Ziolkowski, pp. 293–296. These poems are preserved in two manuscripts from Christ Church Canterbury, now Cambridge, Trinity College, MS B.15.5 (342) fol. 174v (s. xii/ xiii) and Cambridge, Corpus Christi College, MS 481, pp. 419–420 (s. xiii). 75 Paul of Hungary, Summa de penitentia, ed. Amort, in Duellius, ed., Miscellanea, 1: 59–83. The wording of the abuses includes minor variations (cited here in italics); see c. 10, p. 68: ‘In his delinquent claustrales de quibus porterit sacerdos interrogare. Sunt aliae abusiones saecularium, scilicet, sapiens sine operibus, adolescens sine oboedientia, diues sine misericordia, foemina sine pudicitia, dominus sine ueritate vel uirtute, Christianus contentiosus, pauper superbus, rex iniquus, episcopus negligens, plebs sine lege. Sunt et alia genera abusionum que non in furo poenitentiali, sed alias attenduntur, ut est diabolus benignus, meretrix casta, latro fidelis, mulier armata, uir bajolans colum.’ On Paul, see Mark Johnson, ‘Paul of Hungary’s Summa de penitentia’. See also John of Wales, Communiloquium, citing various abuses in DDAC: the 5th (I.d8.7 & VI.d5.1), 6th (I.d8.7& VI.d5.1) and 7th (VI.d2.6) abuses of DDAC. For further detail on the Communiloquium, see below, chap. 8, by Kathleen Neal, to whom I am grateful for these references. 76 DDAS is cited as by Augustine in Alexander of Hales [and disciples], Summa fratris Alexandri, 2.2.3.3.2 q. 3 num. 420, ii, p. 422: ‘Item, discipulus Christi debet esse imitator Christi; sed bonus auditor Sacrae Scripturae sive doctor debet esse discipulus Christi; ergo debet esse imitator Christi; sed de Christo legitur, secundum translationem Septuaginta: Non contendet neque clamabit neque audiet aliquis in platea vocem eius, et hoc in Mattheo [12. 19]; quod exponit Augustinus, in libro De duodecim abusionibus: “Christianus nemo recte dicitur nisi Christi moribus coaequetur.”’ See also (attributing DDAS to Cyprian) Vincent of Beauvais, De morali principis institutione, 10 and 18, ed. Schneider, pp. 56 and 94.

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about its authorship as a work of either Cyprian or Augustine, but, perhaps, also because interpretations of its images of authority could be divisive. Hugh of Fouilloy’s treatise, like the Irish treatise on the abuses of the age, would nonetheless still circulate in medieval libraries, particularly in Cistercian and Augustinian houses, and in a more limited degree in those of mendicant communities, where members in many ways continued to treasure the spiritual teaching of both Hugh of Fouilloy and Hugh of SaintVictor. Ironically, the two foundations within which Hugh of Fouilloy was associated, Saint-Laurent and Saint-Nicolas, were taken over by Corbie in the thirteenth century. Small, relatively poor foundations could not survive long without the support of powerful benefactors. Within such traditional monastic communities, there was a tendency to assume that while there might be injustice in the world, the task of any religious was to transform one’s inner self, rather than speak out about injustices in society. Hugh’s discussion of abuses of the cloister encouraged a sense of looking at religious life in terms of interior attitudes of protesting against abuses, in the manner of the Irish treatise, originally written in the seventh century. By focusing on abuses of both leadership and practice within religious life, it moved away from the emphasis of the Irish treatise on unjust behaviour within society at large, perhaps diluting its broader criticisms. The discussion of the twelve abuses of the age started to find a new generation of sympathetic readers in the late fourteenth century. Attributing it to Augustine, John Wyclif used it as a foundation for an extended reflection on the beatitudes.77 He also referred to the De XII abusionibus claustri, which he thought was by Bernard.78 Yet even if the exact identity of both authors, of the seventh and twelfth century, was confused, their observations about injustice in society and malpractice in religious life would continue to circulate into the late fifteenth and sixteenth centuries, initially in manuscript but then in print. By the late fourteenth century, the structures of Latin Christendom were much more fragile than they had been a hundred years earlier. Attentive readers could still find it relevant to reflect on abuses spoken about in both the seventh and twelfth centuries. With the rapid economic and social changes of subsequent centuries, it was inevitable that different abuses and injustices should come to the forefront, and new solutions be advocated. Yet these early witnesses to complaining about injustices in the world and abuses within religious life would never be fully forgotten. 77 John Wycliffe, Opus Evangelicum, 1.7, 1.15, 1.18, 1.22, 1.2, 1.26, ed. Loserth, pp. 23, 56, 60, 75, 78, 90–91. See Lahey, John Wyclif, pp. 156–157. 78 John Wycliffe, Tractatus de mandatis divinis, 28, ed. Loserth and Matthew, p. 429.

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Bibliography Manuscripts Amiens, Bibliothèque de la Société des Antiquaires de Picardie, MS CB 62 Angers, BM, MS 302 Berlin, Staatsbibl. zu Berlin, MSS theol. lat. fol. 178, theol. lat. qu. 328 Cambridge, Corpus Christi College, MS 481 Cambridge, CUL, MS I.i.1.41 Cambridge, Trinity College, MS B.15.5 (342) Charleville, BM, MS 12 Lincoln, Cathedral Chapter Library, MS 241 Paris, Bibl. Sainte-Geneviève, MS 237 Paris, BnF, MSS lat. 3244, 12270, 12583 Rheims, BM, MSS 116, 446, 1401 Tours, BM, MS 396 Troyes, Médiathèque MSS 177, 215, 558, 637 Zurich, Zentralbibliothek, MS Rheinau 95

Primary sources The Abbaye du saint Esprit: Spiritual Instruction for Laywomen 1250–1500, ed. by Janice Pinder (Turnhout: Brepols, 2021). Alexander of Hales [and disciples], Summa fratris Alexandri, ed. by Patrum Collegii S. Bonaventurae, 4 vols (Quaracchi: Collegium S. Bonaventurae, 1924–1948). Augustine, De ciuitate Dei, ed. by Bernhard Dombart and Alphonsus Kalb, CCSL, 47–47A (Turnhout: Brepols, 1955). Bernard of Clairvaux, Sancti Bernardi Opera, ed. by Jean Leclercq et al., 8 vols (Rome: Editiones Cistercienses, 1959–1977). Bernold of Constance, Apologeticus, ed. by F. Thaner, MGH Libelli de lite, 2 (Hannover: Hahn, 1882), pp. 58–88. Collectio canonum in V libris, ed. by M. Fornasari, CCCM, 6 (Turnhout: Brepols, 1970). Fulbert of Chartres, The Letters and Poems of Fulbert of Chartres, ed. by Frederick Behrends (Oxford: Clarendon Press, 1976). Fulgentius of Ruspe, De fide ad Petrum, ed. by J. Fraipont, CCSL, 91A (Turnhout: Brepols, 1968), pp. 711–760. Gratian, Decretum magistri Gratiani, ed. by Emil Friedberg, Corpus iuris canonici, 1 (Leipzig: Tauchnitz, 1879). Gregory the Great, Moralia in Iob, ed. by Marc Adriaen, CCSL, 143–143B (Turnhout: Brepols, 1979).

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Hervé of Bourgeuil, Commentaria in Epistulas diui Pauli, PL, 181, 591–1692. Hugh of Fouilloy, De bestiis, PL, 177, 17–164. Hugh of Fouilloy, De claustro animae, PL, 176, 1017–1182. Hugh of Fouilloy, De claustro animae [text of Book 3 only], ed. by Ivan Gobry, ‘Hugonis de Folieto « De claustro animae »’, thèse complémentaire pour le doctorat ès lettres présentée devant la Faculté des lettres et sciences humaines de l’Université de Paris, Paris, Service de reproduction des thèses de l’Université de Paris, 1965. 2 vols (typescript). Hugh of Fouilloy, De duodecim abusionibus claustri, in De claustro animae 2. 11–21, PL, 176, 1058–1086. Hugh of Fouilloy, ed. by Carlo De Clercq, ‘Le Liber de rota verae religionis d’Hugues de Fouilloi’, Archivum latinitatis medii aevi (Bulletin du Cange), 29 (1959), 219–228 and 30 (1960), 15–37. Hugh of Fouilloy, ed. by Carlo De Clercq, ‘Le Liber de pastoribus et ovibus d’Hugues de Fouilloi’, Archivum latinitatis medii aevi (Bulletin du Cange), 31 (1961), 77–107. Hugh of Fouilloy, ed. and trans. by Willene B. Clark, De avibus; The Medieval Book of Birds: Hugh of Fouilloy’s “Aviarium”: Edition, Translation and Commentary, Medieval and Renaissance Texts and Studies, 80 (Binghamton: Center for Medieval and Early Renaissance Studies, State University of New York, 1992). Hugh of Saint-Victor, De archa Noe, ed. by P. Sicard, CCCM, 176 (Turnhout: Brepols, 2001). Isaac of Stella, Sermones, ed. by A. Hoste and G. Raciti, SC, 130, 207, 339 (Paris: Cerf, 1967–1987. Ivo of Chartres, Decretum, PL, 161, 9–1036. John Cassian, Conlationes xxiiii, ed. by M. Petschenig, CSEL, 13 (Vienna: Tempsky, 1886). John of Salisbury, Metalogicon, ed. by J. B. Hall, CCCM, 98 (Turnhout: Brepols, 1991). John of Salisbury, Policraticus sive de nugis curialium et vestigiis philosophorum libri viii, ed. by Clemens C. J. Webb, 2 vols (Oxford: Clarendon Press, 1909). John of Wales, Communiloquium siue summa collationum Johannis Gallensis (Cologne: [Ulrich Zell, 1470]; Arnold Ther Hoenen, 1472; longer version: Augsburg: Anton Sorg, 1475). John Wycliffe, Opus Evangelicum siue De Sermone Domini in monte, ed. by J. Loserth, 2 vols (London: Wyclif Society, 1895). John Wycliffe, Tractatus de mandatis diuinis, ed. by J. Loserth and F. D. Matthew (London: Wyclif Society, 1922). Julianus Pomerius, The Contemplative Life, trans. by Mary Josephine Suelzer (Westminster, MD: Newman Press, 1947). Julianus Pomerius, De vita contemplativa, PL, 59: 411–520. Liber quare, ed. by G. P. Götz, CCCM, 60 (Turnhout: Brepols, 1983).

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Manegold of Lautenbach, Liber ad Gebehardum, ed. by K. Franke, MGH Libelli de Lite, 1 (Hannover: Hahn, 1891), pp. 300–430. Nigel Wireker [Nigel of Canterbury], The Passion of St. Lawrence, Epigrams and Marginal Poems, ed. and trans. by Jan M. Ziolkowski (Leiden: Brill, 1994). Paul of Hungary, Summa de penitentia, ed. by Eusebius Amort, in Miscellanea quae ex codicibus mss collegit, ed. by Raimundus Duellius (Augsburg and Graz: Veith, 1723–1724), 1, pp. 59–83. Peter Abelard, Sic et Non, ed. by B. Boyer and R. McKeon (Chicago: Chicago University Press, 1976–77). Peter Abelard, Theologia christiana, ed. by E. M. Buytaert, CCCM, 12 (Turnhout: Brepols, 1969). Peter Abelard, Theologia ‘Scholarium’, ed. by E. M. Buytaert and C. J. Mews, CCCM, 13 (Turnhout: Brepols, 1987). Peter of Celle, Liber de panibus, PL, 202, 929–1046. Pseudo-Bernard, De interiori domo, PL, 184, 507–552. Vincent of Beauvais, De morali principis institutione, ed. by R. J. Schneider, CCCM, 137 (Turnhout: Brepols, 1995). Vita Sancti Findani, ed. by Oswald Holder-Egger, MGH Scriptores 15.1 (Hannover: Hahn, 1887), pp. 502–506.

Secondary sources Bauer, Gerhardt, Claustrum animae: Untersuchungen zur Geschichte der Metapher vom Herzen als Kloster (Munich: Fink, 1973). Behrends, Frederick, ‘Two Spurious Letters in the Fulbert Collection’, Revue Bénédictine, 80 (1970), 253–275. Clercq, Charles de, ‘Hugues de Fouilloy, imagier de ses propres œuvres?’ Revue du nord, 177 (1963), 30–42. Collin–Roset, Simone, ‘Une importante bibliothèque de Prémontrés: les manuscrits de Belval à la bibliothèque de Charleville-Mézières’, in Lotharingia, III: Archives lorraines d’archéologie, d’art et d’histoire, ed. by Hubert Collin (Nancy: Société Thierry Alix, 1991), pp. 141–172. Constable, Giles, ‘The Interpretation of Mary and Martha’, in Three Studies in Medieval Religious and Social Thought (Cambridge: Cambridge University Press, 1998), pp. 1–141. De Bruyne, Donatien, ‘Un traite inédit contre le mariage des prêtres’, Revue Bénédictine, 35 (1923), 246–254. Dereine, Charles, ‘Fouilloy, Hugues de’, Dictionnaire d’histoire et de géographie ecclésiastiques, 17 (1970), 1271–76.

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Fonseca, Cosimo Damiano, ‘Hugues de Fouilloy entre l’ordo antiquus et l’ordo novus’, Cahiers de Civilisation Médiévale, 16 (1973), 303–312. Ganz, David, Corbie in the Carolingian Renaissance (Sigmaringen: Thorbecke, 1990). Giraud, Cédric, Spiritualité et histoire des textes entre moyen âge et époque moderne. Genèse et fortune d’un corpus pseudépigraphe de méditations (Paris: Institut d’études Augustiniennes, 2016). Gobry, Ivan, ‘Hugonis de Folieto De claustro animae’, thèse complémentaire pour le doctorat ès lettres présentée devant la Faculté des lettres et sciences humaines de l’Université de Paris, Paris, Service de reproduction des thèses de l’Université de Paris (1965). Gobry, Ivan , Le De Claustro Animae d’Hugues de Foulloy (Amiens: Bibliothèque Municipale and Association Eliktra, 1995). Johnson, Mark, ‘Paul of Hungary’s Summa de penitentia’, in From Learning to Love: Schools, Law, and Pastoral Care in the Middle Ages: Essays in Honour of Joseph W. Goering, ed. by Tristan Sharp with Isabelle Cochelin, Greti Dinkova-Bruun, Abigail Firey, and Giulio Silano (Toronto: Pontif ical Institute of Mediaeval Studies, 2017), pp. 402–418. Laemers, Jeroen W. J., ‘Claustrum animae: The Community as Example for Interior Reform’, in Virtue and Ethics in the Twelfth Century, ed. by István P. Bejczy and Richard G. Newhauser (Leiden: Brill, 2005), pp. 119–130. Lahey, Stephen E., John Wyclif (New York: Oxford University Press, 2009). Milis, Ludo, ‘Ermites et chanoines réguliers au XIIe siècle’, Cahiers de civilisation médiévales, 22 (1979), 39–80. Mews, Constant J., ‘Re-reading The Twelve Abuses of the Age: From Seventh-Century Ireland to Twelfth-Century France’, in Textual Communities, Textual Selves, ed. by Sarah Powrie and Gur Zak (Toronto: Pontifical Institute for Mediaeval Studies, 2023), pp. 117–135. Negri, Franco, ‘Ancora sul De claustro animae di Ugo di Fouilloy: tradizione manoscritta’, Aevum, 83 (2009), 401–409. Negri, Franco, ‘Due importanti testimoni del De claustro animae di Ugo di Fouilloy (Città del Vaticano, Biblioteca Apostolica Vaticana, Reg. lat. 119 e Chig. C.V.117)’, Miscellanea Bibliothecae Apostolicae Vaticanae, 17 (2010), 103–120. Negri, Franco, ‘Il De Claustro Animae di Ugo di Fouilloy: Vicende testuali’, Aevum, 80.2 (2006), 389–422. Negri, Franco, ‘Per una lettura del De Claustro Animae di Ugo di Fouilloy’ (unpublished doctoral thesis, Universitá degli Studi di Parma, 2012). Negri, Franco, ‘Una lettera di Ugo di Fouilloy et il suo De claustro animae’, Aevum, 85 (2011), 353–367. Peltier, Henri, ‘Hugues de Fouilloy, chanoine regulier, prieur de Saint-Laurent-auBois’, Revue du Moyen Age Latin, 2 (1946), 25–44.

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Pinder, Janice, ‘The Cloister and the Garden: Gendered Images of Religious Life from the Twelfth and Thirteenth Centuries’, in Listen Daughter. The Speculum Virginum and the Formation of Religious Women in the Middle Ages, ed. by Constant J. Mews (New York: Palgrave, 2001), pp. 159–180. Pinder, Janice, ‘Love and Reason from Hugh of Fouilloy to the Abbaye du Saint Esprit: Changes at the Top in the Medieval Cloister Allegory’, Parergon, 27.1 (2010), 67–83. Simons, Walter, ‘Deux témoins du mouvement canonial au XIIe siècle: Les prieurés de Saint-Laurent-au-Bois et Saint-Nicolas de Regny et leurs démêlés avec l’abbaye de Corbie’, Sacris Erudiri, 24 (1980), 203–244. Verheijen, Luc, La règle de Saint Augustin (Paris: Institut d’Études Augustiniennes, 1967). Wacha, Heather, ‘The Cartulary of the Abbey of Prémontré: A Story of Conflict and Resolution’, Essays in Medieval Studies, 31 (2015), 125–142. Whitehead, Christiania, ‘Making a Cloister of the Soul in Medieval Religious Treatises’, Medium Ævum, 67.1 (1998), 1–29.

About the author Constant J. Mews is Emeritus Professor and formerly Director of the Centre for Religious Studies, Monash University (Australia). He specializes in the religious and intellectual history of Europe in the twelfth and thirteenth centuries, on which he has published widely, and is also completing Aidan Breen’s edition of DDAS for the Corpus Christianorum.

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Preaching the Body Politic John of Wales and Franciscan Political Thought in the Late Thirteenth Century Kathleen B. Neal Abstract This chapter explores how John of Wales, OFM, integrated extensive citation from the De XII abusiuis saeculi with Stoic thought in the tradition of John of Salisbury to generate a new vision of the Christian body politic in his popular manual for preachers, the Communiloquium. Unusually, he prioritized the twelfth abuse, a people without law, rediscovering the original social emphasis of the Twelve Abuses. John probably encountered the Twelve Abuses in the context of the baronial rebellion in mid-thirteenth century England, but used it to encourage guided conversation as a means of promoting moral and socio-political reform, rather than advocating violence. The popularity of his Communiloquium may have promoted wider acquaintance with the Twelve Abuses in the later Middle Ages. Keywords: Abuses, body politic, Communiloquium, John of Wales, reform, preaching

When John of Wales, OFM (d. c. 1285), began work on his Summa collectionum siue communiloquium (henceforth Communiloquium), probably sometime in the early to mid- 1260s prior to his move to Paris in c. 1270, he certainly had in mind his recent role as lector of the Oxford Franciscans (c. 1259–1262).1 1 Thanks to Constant Mews and Stephen Joyce for comments on a draft of this chapter, and the Monash Latin Reading Group for their assistance and company in reading Communiloquium. John of Wales, also known as John Waleys, Johannes Guallensis, or Jean de Galles, was the sixth lector of the Franciscan convent at Oxford, see Thomas of Eccleston, ‘De adventu’, p. 53; Little, ‘The Franciscan school at Oxford’, p. 845. Recent work by Robson suggests a slightly earlier date of c. 1257–1258 without further discussion, see Robson, ‘Franciscan Lectors’, p. 195. The only

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch07

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It was the second and longest of his four major works, going on to become the most widely circulated of them all.2 Close to 150 manuscripts and two incunable recensions in several editions are known to survive.3 As the author tells us, its chief purpose was as a manual for preachers, providing materials suitable to instruction of all parts of society in any circumstance from formal preaching to informal conversation. 4 As a committed pedagogue, John was aware that not all Franciscan students had access to the scale of library materials that Oxford or Paris could provide.5 He was anxious to produce a compilation of classical, biblical, and medieval quotations that furnished instructive moral exempla and equipped friars with conversation materials for the dining tables of the elite. His intellectual emphases earned him a place among Beryl Smalley’s ‘classicizing friars’, and he has garnered recognition in some circles as a promoter of the work of John of Salisbury through his extensive citation of the Policraticus (1156–1159), from which he evidently drew inspiration.6 But his importance as an independent thinker and as a transmitter of knowledge on moral political questions has not yet been fully appreciated. In this chapter I argue that, through his selection and arrangement of examples in the Communiloquium, John of Wales generated a new synoptic view of the ideal political society that should be the goal of perfect preaching. As a member of the Franciscan convent at Oxford at a time when both the city and the Order were closely connected to the political life of England, John was exposed to real political debate and dispute, not only in the classical major study of John of Wales and his works is Swanson, John of Wales. This book suffers from a tendency to take John’s citations, as given in fifteenth-century incunable editions, at face value, without tracing them further. A fresh study of his career is warranted. 2 On John’s four major loquia, see Pantin, ‘John of Wales’, p. 298; Swanson, John of Wales, pp. 6–14; and Sharpe, Handlist, pp. 337–340. No critical edition of Communiloquium exists. It survives in at least two recensions, typically cited from one of the extant incunable editions. I have used the text of the long recension, as printed in Augsburg (c. 1475) and processed as digitized text by Chris Nighman for the Manipulus florum project (https://manipulus-project. wlu.ca/Communiloquium.pdf). I have checked my citations against the original Augsburg imprint, available at: https://www.digitale-sammlungen.de/en/view/bsb00043211. 3 Jenny Swanson identified 144 manuscripts, and Richard Sharpe three more, see Swanson, John of Wales, pp. 233–256; Sharpe, Handlist, p. 338. At least one more (New Haven, Beinecke Library, MS 373) has come to my attention despite the research limitations of the COVID-19 era, suggesting that there may be more to find. On the print editions, see Scholderer, ‘Early Editions’. 4 Communiloquium, Prologue. 5 The need to provide library materials underpinned changes to the Franciscan constitutions that enabled effective ownership and bequeathing of books among the Order at this time, see Şenocak, ‘Book Acquisition’, pp. 16–18. 6 Smalley, English Friars, pp. 49–55; Lachaud, ‘De la satire politique’.

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and classicizing texts that fascinated him. He was motivated to reflect on the nature of a just society, and how it might be achieved. He evidently acquired a reputation for an astute political sensibility, which would lead to his appointment to several high-level roles in the 1280s. He was employed as envoy to the Welsh on behalf of his fellow Franciscan and archbishop of Canterbury, John Pecham, whom he certainly knew from his time in Paris, if not before, and then as a member of the commission investigating the alleged heresies of Peter John Olivi. In other words, John of Wales demonstrated an understanding of political virtue in both an ideal and a practical sense. His Communiloquium aimed to educate the preacher about the proper nature and organization of political society, as much as to furnish him with materials for his pastoral vocation. In this respect, it has a claim to being considered a work of political thought, even though—since it was not addressed to the prince himself and also concerned itself with many other social groups—it cannot strictly speaking be considered as a speculum principum.7 The political society in which the Communiloquium schooled its readers was one deeply informed by biblical, Augustinian and Ciceronian models, and, as I discuss below, influenced not just by the classical authors transmitted in John of Salisbury’s Policraticus, but by a seventh-century anonymous Irish text, the De XII abusiuis saeculi. Indeed, it may be partly due to the widespread reception of the Communiloquium that DDAS enjoyed increasing popularity from the late thirteenth century on.8 Importantly, John of Wales picked up on the emphasis placed by DDAS on the overriding significance of the interests and morality of the populace as a whole, to which the activities of every member of the body politic, including the ruler, must be oriented. John’s political thought, while interested in the prince’s justice, was thus centred on the people, the common good and the ‘law’ through which it was to be achieved. This blend of the biblical, patristic, and classical to produce a characteristically Latin moral theology distinguished John’s political thought from the Aristotelian emphases of his contemporaries in Paris. I argue that his view was at least partially a response to the political turbulence of England in the 1260s during a formative period of John’s Franciscan career. It was intended to produce friars armed to undertake a 7 See a related argument concerning John of Salisbury’s Policraticus, in Barrau, ‘Ceci n’est pas un miroir’. I thank Dr Barrau for sending me a copy of her chapter. 8 On the frequency of late medieval manuscript survival of DDAS, see Mews and Joyce, chap. 1, p. 53, above; on its frequent citation in late medieval preaching, see Wenzel, Latin Sermon Collections, p. 320. On other apparent influences of John of Wales on later thinkers, see chaps 8, 9 and 10, by Nederman, Lahav, and Briggs in this volume, in addition to the uses, citations and translations of the work noticed by Swanson, John of Wales, pp. 202–211.

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particularly political form of pastoral care through informed conversation on the question of the Christian body politic.

Communiloquium and the Christian respublica Of John of Wales’s four major works, the Communiloquium is the most ambitious in socio-political scope, discussing the whole of Christian society, in both its proper structure and the proper relationship between its parts. This title, not used by any previous author, was likely coined in conscious imitation of the Breuiloquium of Bonaventure (1257), to which John of Wales’s own first major work, the Breuiloquium de uirtutibus antiquorum principum et philosophorum (henceforth Breuiloquium), clearly referred. He continued to employ ‘loquia’ as the titular style in his subsequent major works—the Compendiloquium, and Breuiloquium de sapientia sanctorum—representing each of them as manuals for speaking or conversing on a given theme. The Communiloquium is constructed almost entirely of carefully selected quotations from and allusions to biblical, patristic, classical and medieval works, woven into a seven-part structure that provided an interpretive framework and transmuted the text from a purely derivative collection to a treatise with its own synthetic and argumentative purpose (Table 7.1).9 The selection and placement of all these references, interspersed with occasional editorial comment, was both deliberate and meaningful. The first and longest part, comprising ten distinctions each of many chapters, defines the ‘state’ (respublica), its princeps, and other members as the work’s governing concerns. The remaining six parts amount to a form of guide for preachers organized by an idiosyncratic ad status principle oriented to the production of this society: parts two and three concern the relationships proper among divisions of the laity, and how they should be admonished; parts four, five, and six address the instruction of the religious according to their clerical, scholastic, or monastic status, respectively; and part seven, the dead and dying. The language of respublica recurs throughout the first five parts, binding the political and preaching, lay and religious sections into a unified whole. Thus, those parts devoted to instruction of the various estates, whether separately or in relation to each other, become not merely tools for promoting the salvation of individuals, but for building the ideal society—a Christian respublica—through preaching. The precise date at which the Communiloquium was completed is unknown, but it was between the mid-1260s and the early 1280s. It is 9 Swanson, John of Wales, p. 64.

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possible that John returned, perhaps repeatedly, to the Communiloquium to ref ine it over this time. 10 Its relative place in his oeuvre can be discerned from cross-referencing (it was his second major work) and it must also post-date the ‘discovery’ by Roger Bacon of certain works of Seneca in the mid-1260s.11 Jenny Swanson, author of the only extended study of John of Wales, placed its completion prior to John’s arrival in Paris (c. 1269–1270) on the basis that it makes no reference to Aristotle’s Politics, which was the subject of extended commentary and discussion by Thomas Aquinas in Paris at that time.12 Swanson reasoned that John would not have failed to cite a work of such relevance to his project in the Communiloquium had he known it, which he likely would have done when he began moving in Parisian circles. In comparison, she pointed to the fact that John did go on to make use of Aristotle’s Politics in his third major work, the Compendiloquium. 13 This latter reference, however, is actually a quotation from none other than John’s favourite medieval work, the Policraticus. 14 There is no evidence that John ever cited Aristotle’s Politics, despite his tenure in Paris from c. 1270, including as Franciscan regent master in 1281–1283. Its absence from the Communiloquium cannot, therefore, be a diagnostic dating feature; rather, it serves to highlight John’s relative lack of interest in Aristotelianism. We can, however, suggest that the Communiloquium was written or at least begun in Oxford, since it focuses so heavily on a combination of biblical and Latin classical authors, much studied at 10 The emerging evidence of a variety of lengths and organizations of material within early MSS, together with the survival of at least two recensions into the age of print, suggest an evolving rather than a fixed text. To explore this question further, I propose a longer discussion of the unusual arrangement of Oxford, Merton Coll., MS 248, fols 1r–16v, an early fourteenth-century copy of an abbreviated and apparently disordered text of Communiloquium acquired in Oxford by John Sheppey when he was a student. For the catalogue description, see Thomson, Catalogue of Merton College, Oxford, pp. 187–192. 11 Swanson, John of Wales, p. 7. 12 See Pantin, ‘John of Wales’, p. 298. Pantin dates all of John of Wales’s major works to the period 1270–1285 on the basis of an inscription in one manuscript of Breuiloquium de uirtutibus which appears to suggest that it was commissioned by the bishop of Maguelonne, Berenguar of Frédol. 13 Swanson, John of Wales, pp. 7–9. 14 ‘Est enim unicum munus dictorum, et disciplinarum secundum philosophos, prout dicitur in Politica lib. 8. cap. 5.’ Compendiloquium, I.2, cf. Policraticus, 8.9, printed in Webb, ii, p. 282: ‘Sed et illud celebre est sapientis, quod philosophia, quae unicum munus est deorum et disciplina disciplinarum, honoranda est anteloquio.’ Without a critical edition of John of Wales’s works it is not possible to say whether the many mis-citations were the work of the author or introduced in the process of transmission.

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Oxford, while there is no presence of the characteristically Parisian concern with Peter Lombard’s Sentences.15 As I will argue later in this chapter, this Oxonian quality shapes John’s ethical stance and arguments in the Communiloquium. John was not a republican in the classical Roman sense, but he was inspired by the communal nature of and mutual obligations entailed by the concept of respublica that he derived from his reading of Seneca and Cicero, whose works he probably first encountered through the filter of Augustine and John of Salisbury.16 In the Communiloquium, his insistence upon and repeated use of the terminology of respublica signified his commitment to a concept of political life governed by the public or communal significance of personal interactions and obligations, within which the prince’s governing role was bound to the goal of collective benefit.17 This is clear from the opening definition of the respublica, in the Communiloquium, I.d1.1, drawing together Cicero’s definition, attributed to Scipio in De re publica,18 with that of Augustine in his De ciuitate Dei:19 that the respublica is ‘the people’s business, communal business, the city’s business’.20 In I.d2.1, he expands upon this, again citing from Augustine, who in turn credited Scipio, that the respublica ‘is the business of the people … [being] an assemblage associated by a shared acknowledgment of law, and by a common good (communione utilitatis)’.21 Already, John’s strong preference for the authority of Augustine 15 Lewry, ‘Rhetoric at Paris and Oxford’; Lawrence, ‘Adam Marsh and the Franciscan School’, p. 237. I am grateful to Constant Mews for this point. 16 John of Wales’s ‘library’ and way of working has been derived from close reading of his first major work, Breuiloquium, in Diem, ‘A Classicising Friar’, pp. 81–86, which substantially updates and corrects the suggestions of Swanson, John of Wales, pp. 60–62. 17 This ideal also occupied John of Salisbury in Policraticus, which may have been John of Wales’s source for it. On John of Salisbury’s Ciceronian republicanism, see Nederman, ‘Friendship in Public Life’; Nederman, ‘Metaphysical, Not Political’; Nederman, Bonds of Humanity, pp. 62–84. 18 Cicero, De re publica, 1.39, ed. Ziegler, p 24. On the influence and interpretation of this passage of Cicero’s Republic in the medieval period, see Kempshall, “De Republica 1.39”, where John of Wales’s contribution is noted in passing at p. 110. 19 Augustine, De ciuitate Dei, 19.23, ed. Dombart and Kalb, p. 695. 20 Communiloquium, I.d1.1: ‘De primo notandum quod respublica est res populi, populus autem est cetus iuris consensu et utilitatis communione sociatus, prout ait Augustinus de ciuitate dei xix. recitans diffinitionem reipublice datam a Scipione et recitatam a Tulio ut patet ibidem. Et idem Augustinus de ciuitate dei libro v. capitulo xviii.: Respublica res populi, res communis, res ciuitatis [est]’; cf. Augustine, De ciuitate Dei, 5.18, ed. Dombart and Kalb, p. 154: ‘rem publicam, id est rem populi, rem patriae, rem communem’. It is notable that John of Wales is at pains to note the ultimate derivation of this discussion from the Stoics. 21 Communiloquium, I.d2.1: ‘Ex quibus et qualiter constat respublica determinat Augustinus libro ii. de ciuitate dei dicens quod tunc respublica id est res populi iuste et bene regitur siue ab uno rege siue a paucis optimatibus siue ab uniuerso populo, cum talis est populus scilicet cetus

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as a means of affirming and justifying his reading of the Stoics is clear; a tendency that would also influence his use of DDAS in this treatise. John of Wales borrowed a powerful ‘organic’ metaphor of the body politic from John of Salisbury’s Policraticus, Book IV—where it was attributed to Plutarch—to express the simultaneously one-yet-many nature of the respublica, its internal hierarchies, and its necessarily shared interests.22 Accordingly, the respublica of the Communiloquium is a body in which the prince is like its head; the governors and judges like its eyes and ears; its ‘senate’ or wise counsellors like its heart; its soldiers its hands; its labourers or farmers its feet.23 As its head, the prince ought to direct the body, and, like the soul, be the source of its spirit and its reason.24 But where John of Salisbury had employed this imagery in passing, John of Wales elevated the ‘body’ to a structuring principle of his discourse. The categories of lay members of the body politic become the distinctions of part one of Communiloquium, and readers are reminded of their embodied ‘function’ on each occasion. John works methodically through the proper instruction of princes (I.d3), judges (I.d4), advocates (I.d5), counsellors (I.d6), officials (I.d7), courtiers (I.d8), soldiers (I.d9) and labourers (I.d10). He returns repeatedly to the imagery of corporeal members in introducing the chapters on admonishing each social group. Introducing I.d7.1, on the instruction of the prince’s officials, for instance, he remarks that ‘just as the “senate” or collection of wise counsellors in the republic may be compared to the heart, as it is said, so can the sides or ribs of the natural body be applied to the prince’s ministers or chamberlains and personal servants’.25 As we shall see, this attention to the importance of counsel and councillors had particular relevance in the iuris consensu et utilitatis communione sociatus’; cf. Augustine, De ciuitate Dei, 2.21, ed. Dombart and Kalb, p. 54: ‘populum autem non omnem coetum multitudinis, sed coetum iuris consensu et utilitatis communione sociatum esse determinat, docet deinde quanta sit in disputando definitionis utilitas, atque ex illis suis definitionibus colligit tunc esse rem publicam, id est rem populi, cum bene ac iuste geritur siue ab uno rege siue a paucis optimatibus siue ab uniuerso populo.’ Augustine avoids mentioning here that he is actually citing ‘Scipio’ via Cicero, De re publica, 1.48, ed. Ziegler, p. 30. 22 John of Wales’s debt to John of Salisbury has been discussed by others, for example, Diem, ‘A Classicising Friar’; Lachaud, ‘Filiation and Context’; Lachaud, ‘De la satire politique’. On Plutarch’s ‘Instruction to Trajan’ as a fiction of John of Salisbury, see Nederman, Bonds of Humanity, p. 68. 23 Communiloquium, I.d1, preface: ‘Princeps enim ut dominans obtinet locum capitis, prepositi et iudices ad modum aurium et oculorum, senatus uel collectio sapientum et consiliariorum ad modum cordis, milites protegentes ad modum manuum, laborantes siue agricole solo adherentes ad modum pedum;’ cf. Policraticus, 5.2, printed in Webb, i, pp. 242–44. 24 Communiloquium, I.d2.1. 25 Communiloquium, I.d7.1: ‘Quemadmodum senatus siue collectio sapientum consiliariorum in republica cordi comparatur ut dictum est. Sic ministri principis siue camerarii et cubicularii possunt aptari lateri siue costis in corpore naturali.’

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context of John’s English experience. Later, when John of Wales turns his attention to the ecclesiastical respublica in part four, he again relates its formation to the human body, and to the lay body politic: And all these [types of religious persons] are congruent with what was said above in part one concerning the members of the civic respublica… and those who are more spiritual and perfect take the place of the head by reason of dignity; for it is customary for the prince to be of the nobler sort, wherefore the people, from the beginning as always, gave the principality to him, and thus [that discussion] proceeded to descend from the head, to the other members, to the feet, as though from the greater dignity [to the lesser]. But here conversely, [we proceed] from the members to the head, since he who is first a cleric and ecclesiastic is afterwards elected bishop.26

As Frédérique Lachaud has observed, this constitutes a departure from the integrity of the organic model as presented by John of Salisbury, who made ecclesiastics the soul of a singular body politic.27 Instead, John of Wales appears to propose two ‘bodies’, lay and religious, each characterized by an independent institutional hierarchy. Yet this did not produce a monstrous, conjoined body. Rather, each of these hierarchies was oriented towards a particular aspect of the common good, temporal or eternal, while being bound mutually to each other’s best interests, and governed by a unifying commitment to law, just as the lay and ecclesiastical hierarchies within the structure of the Communiloquium were equally subject to the governing presence of part one and its discussion of the common good. It is possible that his view of the secular and religious worlds as separate but parallel in the service of God was influenced by his awareness of the complementary texts DDAS and De XII abusionibus claustri, both of which he cited in the Communiloquium.28 Whether or not this is the case, by establishing this parallelism in his own work, John avoided directly addressing the fraught

26 Communiloquium, IV.d1.1: ‘Et hiis omnibus congruunt que dicta sunt superius parte prima. De membris reipublice ciuilis, et modo perfectiori et spiritualiori, quia ipsi sunt spiritualiores et perfectiores, sed ibi inceptum est a capite ratione dignitatis. Et quia de genere nobiliori consueuit esse princeps quod populus et ex succesione ut sepe debetur ei principatus, et sic processum est descendendo a capite ad alia membra usque ad pedes tanquam a digniori. Hic autem econuerso a membris ad caput quia qui prius est clericus et ecclesiasticus postea eligitur episcopus.’ 27 Lachaud, ‘De la satire politique’, p. 405. 28 On DDAC as a conscious religious supplement to the abuses of the secular world in DDAS, see Mews, chap. 6, above.

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question of the relative powers of prince and papacy that occupied so much attention among his contemporary friars in Paris. Table 7.1: Structure of Communiloquium29 On the republic and the instructing of persons by whom it is constituted d2 On the instruction of the prince in the republic d3 On the virtues of ruling (principandi) d4 On the instruction of those who govern the provinces, and of judges d5 On the instruction of advocates d6 On the instruction of the senate and of consuls d7 On the instruction of treasurers d8 On the seven vices of the court to be avoided d9 On the instruction of knights d10 On the instruction of working people d1 On connections or bonds, whether of law or of rank Part II: On bonds of the aforesaid members, namely d2 On natural bonds of princes to their underlings d3 On the bonds of grace or sacrament and conversely, and similarly d4 On the instruction of spouses concerning others, and cond5 On spiritual bonds or connections cerning the instruction of d6 On civic bonds these people, according to d7 On bonds of friendship any position whatsoever d8 On social bonds d9 On virtuous conversation with adversaries d1 On those things which concern differences of sex Part III: On the instruction of ranks of people concerning d2 On those things which pertain to differences of those things which are comestate mon to all, the different kinds d3 On those things which concern differences of of estate there are, namely, condition sex, old age, poverty, richness, d4 On those things which concern differences of and similarly concerning complexion or natural gifts others d5 On those things which concern the quality of [way of] life d6 On those things which pertain to differences of status d7 On those things which concern way of life or quantity of possessions d8 On those things which concern various generations Part I: On the construction of the republic and its members, and the instruction and influencing of the persons who are members of it, singly and collectively, such as the prince who takes the place of the head, and similarly concerning others

d1

29 The precise text of the headings of each part, distinction, or chapter varies between editions and manuscripts. The illustrative headings given here are derived from the 1475 Augsburg edition.

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Part IV: On the admonition of ecclesiastical men according to their differences of status and rank

d1 d2 d3 d4 d5

On clerics On the perfection of them On the instruction of bishops On the offices of ecclesiastics How the judges of the Church ought to be

Part V: On the admonition of scholars or philosophers

d1 d2 d1 d2 d3

On the instruction of scholars On the instruction of teachers On the instruction of religious On the eminence and dignity of religion On the chastity of religious to which they commit themselves On the obedience to which religious commit themselves On seven things necessary for the religious On the utility of religious life On the instruction of people who are preparing for death On the multiplicity and terror of death On the character of those who benefit the dying

Part VI: On the instruction of religious or monastics

d4

Part VII: On the admonition of all and concerning death for which they should be prepared

d5 d6 d1 d2 d3

The centrality of harmony and the collective good of the community in John’s conceptualization of the ideal political society is evident in I.d1.2, ‘From whom and how the republic is constituted’, immediately preceding the chapter in which he introduces his first excerpt from DDAS. Here he draws a powerful musical metaphor from Scipio, again via Augustine, noting that ‘just as among lyres or flutes and even voices, a certain harmony must be maintained out of distinct sounds, whose discrepancy trained ears cannot bear’ a perfect respublica is achieved when ‘from the mingling of highest, and lowest, and middling orders, like sounds, the city moderated by reason harmonizes by a concord of dissimilar customs; and that which by musicians is called harmony in that song, is concord in the city’.30 He then develops the musical metaphor further, citing at length from the Policraticus to show that the most skilful lutist knows just how much to tighten or loosen a string so that it will play harmoniously, without breaking. And this is like the prince, who ought to:

30 Communiloquium, I.d1.2: ‘sicut in fidibus aut tibiis atque ipso tactu a uocibus concentus quidam tenendus est ex distinctis sonis, quem discrepantem aures ferre erudite non possunt, quousque concors eff icitur, sic ex summis et inf imis mediis interiectis ordinibus, ut sonis moderatam rationis ciuitatem consensu dissimilium morum concinere, et que armonia a musicis dicitur in cantu eam esse in ciuitate concordiam.’

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govern now with the rigor of justice, now with the remission of clemency, so that he may cause his subjects to be of one mind in his house, and, as it were, of discords to generate one perfect and maximal harmony in the service of peace and by works of charity. Moreover, this is certain, that it is more prudent to loosen the strings than to tighten them. By the skill of the expert the loosened ones are improved by extension, and the proper grace of sound returned; but should a string once be broken, it can be repaired by no artifice. Surely, if a sound is demanded of them which they do not have, they are stretched in vain, and it comes more quickly to nought than to that which is forced from them improperly.’31

Thus, chief in John’s hierarchy of ‘goods’ in this ideal Christian respublica is the harmonious ‘song’ of all society operating in its various ways towards its shared goal, which is the ‘common good’. John of Wales’s respublica was therefore a community mutually dedicated to its collective welfare through its observance of law. In this, he closely followed the model of his chief source, Policraticus,32 but with a particular emphasis on the coherence of this ideal with Augustinian teachings.

John of Wales’s Christian respublica and the twelve abuses If the Communiloquium is underpinned by John of Wales’s deep admiration for the concept of the respublica, this represented a marked maturation of his ethics of public life since his first major work, the Breuiloquium. The latter was a short compilation of examples drawn mainly from classical Roman sources in juxtaposition with Christian works such as the De ciuitate dei 31 Communiloquium, I.d1.2: ‘Si ergo utentes organis musicalibus diligenter student ne f iat dissonantia in organis suis, ut fiat proporcionalis concordantia seu consonantia, multomagis gubernatores reipublice debent sollicite prouidere quod in predictis partibus reipublice sit debita armonia, sicut recitatur in policrato libro iiii. capitulo viii.: Si inquit citharedus aliique fidicines multa diligentia procurant, quomodo oberrantis corde compescant uicium, et eandem unanimem reddant, faciuntque dulcissimam dissidentium consonantiam, cordis non ruptis, sed tensis proporcionaliter et remissis. Quanta igitur sollicitudine debet princeps moderari nunc rigore iusticie, nunc remissione clementie ut subditos faciat quasi unanimes esse in domo, et quasi discordantium in ministerio pacis et caritatis operibus unam faciat perfectam et maximam armoniam. Hoc autem certum est quod tutius est cordas remitti quam protendi. Remissarum extensio artificis peritia conualescit, et debitum soni reddit gratum, que si semel rupta est nullo artificio reparatur. Profecto si sonus exigitur quem non habent, frustra tenduntur, et citius sepe uenitur ad nullum quam ad eum qui nimis exigitur.’ 32 Nederman, ‘A Medieval Ciceronian’, pp. 40–42.

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and Policraticus. It addressed the four cardinal virtues—iustitia, prudentia, temperantia and fortitudo—as they applied to the behaviour of a prince.33 Disrupting the normal order of the cardinal virtues, John’s Breuiloquium gave primacy of place to justice among the attributes of the ruler,34 yet, the ruler’s virtues stood alone, uncoupled from their application to a wider socio-political ‘good’. A further distinction between the two works lies in their citations. The Breuiloquium made no reference to DDAS. It is possible that encountering this treatise, or doing so in a context that gave him a new appreciation of its significance, contributed to the development of John of Wales’s thought on public virtues from ‘princely’ toward ‘republican’ in the period between producing his two first major works. Somewhat akin to the Communiloquium, DDAS is also a form of compilation organized according to social categories. It weaves biblical allusions and quotations into its own characteristic exposition on the abuses particular to different sections and groupings within Christian society. The underpinning ethos of DDAS is that while every part of society has its specific ‘abuses’, or wrongful practices, the obligation to correct them amounts to a collective responsibility to come together as a people under law, for the sake of both temporal harmony and individual and communal salvation. This ethos strongly echoed the ‘Christian-republican’ perspective articulated in the Communiloquium, but from a thoroughly biblical perspective, making no reference to classical examples. In its prologue, DDAS specifies the categories of abuse according to which it will proceed: a wise man without good works; an old man without religion; a youth without obedience; a rich man without almsgiving; a woman without modesty; a lord without moral strength; a contentious Christian; a proud pauper; an unjust king; a negligent bishop; common folk without discipline; and a people without law.35 ‘These’, it explains, ‘are the twelve abuses of the age by which the wheel of the age… is deceived and without any impeding support of justice, is propelled into the darkness of hell through the just judgement of God’. It then proceeds through twelve short chapters, each dedicated to demonstrating and decrying an ‘abuse’, and detailing its 33 On Breuiloquium, see Pantin, ‘John of Wales’, pp. 300–302; Swanson, John of Wales, pp. 167–200; Kehnel, ‘Narrative tradition’, pp. 483–484. For the influence of Breuiloquium on Iacopo da Cessole’s Liber de moribus hominum et officiis nobilium super ludo scacchorum, see Kalning, ‘Virtues and Exempla’; and Briggs in chap. 10 of this volume. 34 For an interesting parallel, see Briggs, chap. 10, p. 305–306 below. 35 DDAS, Prologus, ed. Hellman, p. 32. Until the appearance of the new Latin edition, being prepared by Constant Mews and Stephen Joyce, I refer to Hellman’s edition for the text of DDAS, and adopt the translation offered by Breen and Mews in the Appendix to this volume.

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consequences. Notably, it discusses rather than addresses itself directly to each category or group of persons, typically standing at one remove of intellectual abstraction from advice or sermon. In this approach—also shared with the Communiloquium—it differs from the genre of ad status sermon collections that would emerge in the thirteenth century in the works of Jacques de Vitry, Guibert of Tournai, and Humbert of Romans.36 It is a treatise about the obstacles to achieving an ideal Christian society, rather than an apostrophe directed personally to the ‘abusive’. Although various possible arrangements of significance within DDAS’s list have been proposed, it is evident that the twelfth abuse was intended to be the culmination of them all.37 A people without law is the ultimate failure of Christian society, and even if justice and judgement have not been meted out in this world, they will be waiting for such a people in the next. In the concluding passage discussing this twelfth abuse, readers were encouraged to apply the message of DDAS to evangelical work in preparation for the end times: Accordingly, then, a people without law is a people without Christ. It is a great abuse therefore, in these times of the Gospel, that a people should be without Christ, when the command to preach to all nations has been given to the Apostles; when the thunder of the Gospel has resounded throughout all the regions of the world; when the gentiles, who did not seek after justice, have attained justice; when they who were far off have been drawn near in the blood of Christ and they who in the past were not a people, are now a people of God in Christ…38

This being so, it is no wonder that, having encountered it, John of Wales should find DDAS a powerful inspiration for his approach to preaching to the body politic in Communiloquium. In its advocacy for a preaching vocation, its attention to the role and problems proper to each social group, its prioritization of the common good of the people whether in this world or the next, and its insistence that both were to be achieved by the rule of law and the application of justice temporal and divine, it perfectly complemented his purpose in this work. In the next section, I shall suggest contextual reasons that made DDAS particularly relevant to the political thought of 36 Muessig, ‘Audience and Preacher’; Burghart, ‘Remploi textuel, invention et art de la mémoire’. I thank Dr Burghart for sharing a copy of her thesis with me. 37 See Joyce, chap. 3, pp. 92–95, above. 38 DDAS, 12, ed. Hellmann, pp. 58–59; see also trans. Breen and Mews, below, p. 349.

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Table 7.2: DDAS citations in the Communiloquium Communiloquium Part I d1.3. How the republic ought to be ruled by laws d3.12. That the prince should be virtuous in his [way of] life Part III d1.3. Of what condition women ought to be for the sake of chastity (castitatem) d2.3. On the admonishment of the young d2.6. On the instruction of the elderly in old age d4.1. On the admonishment of the rich Part IV d5.4. On the necessity of the cohabitation of shepherds with [their] flocks

DDAS

Extent

12: a people without law

Brief

6: a lord without moral strength (uirtute); 9: an unjust king

Extended; Extended

5: a woman without modesty (pudicitia)

Brief

3: a young man without obedience 2: an old man without religion

Brief Intermediate

4: a rich man without almsgiving Brief (elemosina) 10: a negligent bishop

Brief

Franciscans of the English Province in the thirteenth century. But first, let us establish how its influence was expressed in the Communiloquium. John made extensive use of DDAS in the Communiloquium, yet the relative difference in size and complexity of the two works makes this easy to overlook. Its long recension contains over 129,000 words of Latin, while DDAS is a relatively short text, of only about 3,000 Latin words. Yet over a quarter of them are quoted directly in the Communiloquium, and over half of those appear in part one, which sets out its important constitutional framework (Table 7.2). Citations from DDAS also occurred in parts three and four, although they are relatively brief and will not concern us here.39 Omitting only the wise man without good works, the contentious Christian, 39 Meanwhile, quotations from the related text, DDAC, by Hugh of Fouilloy, occur in parts one and six, three of which are incorrectly attributed by Swanson to DDAS: the curial monk (cited in I.d8.7, ‘De comessationum uoluptate et noxia uacatione’, and VI.d5.1, ‘De septem necessariis religiosis, ut perfecte uiuant in predictis de elongattione a tumultibus De septem necessariis religiosis, ut perfecte uiuant in predictis de elongatione a tumultibus’); and the lawyer-monk (cited in VI.d5.1, ‘De septem necessariis religiosis, ut perfecte uiuant in predictis de elongatione a tumultibus’). The Communiloquium refers to both DDAS and DDAC as tractatus de duodecim abusionibus, leading to some potential confusion, particularly in the long recension which does not attribute DDAS to Augustine. On the Fouilloy text, see Mews, chap.6.

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the proud pauper, and the common folk without discipline, John made use of eight of the twelve abuses. Thus, in the Communiloquium, John incorporated materials from many more of the abuses than any other medieval author. As well as being uniquely extensive, John’s individual pattern of citations from DDAS suggests that he did not merely copy his chosen references from an intermediary source. While the ‘unjust king’ (DDAS, 9), for example, had inspired both Jonas of Orleans and Vincent of Beauvais, and the latter also cited extensively from the ‘lord without moral strength’ (DDAS, 6), neither of these authors cited from the other six abuses that appear in Communiloquium; nor is the pattern of citation from those abuses that they share in common precisely the same. 40 We can observe the utility of DDAS in John’s argument for the primacy of common good and the importance of law as a mechanism for achieving it in this life and the life to come in the selection and placement of his first citation from DDAS in the Communiloquium. He quotes briefly from the twelfth abuse, a people without law, in I.d1.3, ‘How the republic ought to be ruled by laws’. Significantly taking the ultimate abuse first, John places his quotations from the twelfth abuse at a pivotal half-way point of his chapter, which itself forms a critical stage in his framing of the whole work as one oriented towards producing the ideal Christian body politic.41 In the first half of the chapter, John employs a range of citations from classical and patristic sources, prominently featuring various works of Cicero, to explore the range of ways in which humankind, in all its members, is bound to observe law for the sake of common good rather than individual gain, and how law is critical to the preservation and good governance of the respublica. John then cites selectively from the final abuse in DDAS: For as it is said in the treatise On the Twelve Abuses, ‘the twelfth grade of abuse is a people without law, who, while it contemns the word and laws of God, runs by diverse ways into the snare of perdition’. And later: ‘The law of God is the royal “road, which bends neither to the left nor right” [Num. 20. 17].’ And there [it speaks] well about this. 42 40 On Jonas of Orleans, see Wassenaar, chap. 3, pp. 120–122. I have made a line-by-line search for quotations from DDAS using the Library of Latin Texts (LLT) database published by Brepols (2021). 41 Qualiter debet respublica legibus regulari. 42 Communiloquium, I.d1.3: ‘Ut enim dicitur in tractatu de duodecim abusionibus, duodecimus abusionis gradus est populus sine lege. Qui dum dei dicta et legum sita contemnit, per diuersas errorum uias in laqueum perditionis incurrit. Et sequitur: Una regalis uia lex dei, que nec ad dexteram nec ad sinistram declinat, et ibi bene de hoc.’ DDAS misquotes the Book of Numbers

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This selection is powerful. John uses the twelfth abuse to signify that the people as a whole is obliged to follow the law. This is useful to his construction of the Communiloquium, since it helps to make the central argument that the commitment of everyone to the common good, by observance of law, is what makes the true Christian respublica. DDAS operates as the keystone of this crucial passage. But what is this law? Having emphasized the Stoic approach in the first half of the chapter, noting that law may be said to derive from nature, reason, instruction, or prohibition, John uses his selection from the twelfth abuse to move from what might be called a classical-political, to a Christian-political definition in which temporal (the ‘royal road’) and divine (the word and laws of God) law must be aligned, and not deviate from holy intention. He reinforces this point by juxtaposing it with another quotation, allegedly from the De ciuitate Dei, but actually from the Policraticus: that ‘the power of all laws is void, except those born in the image of divine law’. 43 In this way, he advances an argument for attending to the law and government of this world as a proxy for, and route to, divine law and justice. Moreover, he infers that his authority for this position is essentially Augustinian. John incorporates two more abuses—the sixth, on the nobleman without moral strength, and the ninth, on the unjust king—into the framing apparatus of part one, within the chapter on ‘The virtues a prince should have in his life’ (I.d3.12).44 Whereas his citation from DDAS, 12 was selective and succinct, John quotes these two abuses at length, combining them as examples relevant to the ruler of the respublica, rather than treating them as abuses (or virtues) specific to the separate social categories of king and lord. Together they occupy almost sixty percent of the chapter, following directly from an extended quotation from De ciuitate Dei, 5.24, on the happiness of in this final sentence, replacing the uia publica with uia regalis. It is notable that John of Wales preserves this misquotation, although he elsewhere appears to avoid citing biblical material from DDAS, preferring to return to and cite from the original biblical book and chapter. 43 Communiloquium, I.d1.3: ‘Et quia omnium legum est inanis censura, nisi diuine legis ymaginem gerat, ut ait Augustinus octauo de ciuitate dei capitulo sexto.’ The quotation actually comes from Policraticus 4.6. This misattribution made its way into a number of early printed works, showing the ongoing influence of Communiloquium on the early modern philosophy of law, for instance, Crisostomo Iavelli OP’s Philosophia ciuilis christiana disposita, p. 114; and Juan Caramuel’s Theologiae moralis fundamentalis, ii, p. 528. The misattribution of this quotation to Augustine was already present in an early manuscript (s. xiii/xiv), now Paris, BnF, MS lat. 15451, fol. 5ra, but with the correct reference to ‘Book 4, Chapter 6’. Whether this was an accidental, or even intentional misattribution by John himself, or by copyists, cannot presently be determined. 44 ‘Quod princeps sit uirtuosus in uita sua’. Note, this is I.d3.12 in the long recension (Augsburg), but I.d3.11 in the shorter one (Cologne).

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ruling justly, that itself occupies almost forty percent. John’s originality in combining these two abuses enables him to demonstrate that a ruler’s virtue lies both in his own commitment to God and his laws, and to implementing them justly among his people. From the sixth abuse, he takes the image of the ruler who is like an effective peg: unless it is firmly secured in the wall, it will fall, with everything hung upon it. Similarly, the ruler must cleave fast to God and his law in order to be a secure foundation for the people that depend upon his leadership. And he should ensure that his leadership is trusted and followed by winning his people’s affection with kindness, and their fear through his just punishment ‘not of personal injuries, but of transgressions of the law of God’. 45 He goes on to summarize the biblical exempla offered in the sixth abuse of those whose virtue suffered after they gained power, like Saul. 46 John then moves directly to incorporate some of the most famous and widely cited elements of DDAS, on the unjust king, reproducing them at length: For the justice of a king is to oppress no man unjustly through power, to give judgement rightly between one man and another without favouritism to individuals, to be the defender of strangers, orphans, and widows, to restrain theft, to punish adultery, not to promote the unjust, not to nourish the shameless and the histrionic, to rout the ungodly from the land, not to allow parricides or perjurers to live, to defend churches, to help the poor with alms, to set just men over royal affairs, to have elders and wise men as counsellors, to pay no heed to the superstitions of soothsayers and sorceresses, to restrain anger, to defend his country valiantly and justly against adversaries, in everything to trust in God, not to be elated in spirit with prosperity, to bear up patiently under adverse circumstances, to uphold catholic faith in God, not to permit 45 DDAS, 6, ed. Hellmann, p. 44: ‘non propriae iniuriae, sed legis Dei’. 46 Communiloquium, I.d3.12: ‘Et ponit ibi exempla de quibusdam qui per officium dominandi Domino approprinquauerunt qualis fuit Moyses, quidam uero deteriores f iunt ut Saul.’ The rather unusual reading of Solomon not as an example of wisdom, but as an example of folly in rulership which is offered in DDAS, 1, obviously exercised John considerably although he chose not to include it in Communiloquium. It was the topic of his first recorded Parisian sermon, in June 1270, extant in Paris, BnF, MS lat. 15034, fol. 127ra. In this sermon for the feast of SS Peter and Paul, John took as his text duos viros iustos meliores se interfecit, a line from I Kings 2. 32 in which Solomon orders the murder of Abner and Amasa, using this to open a discussion of the proper relationship between uir and uirtus, and the justice and equity that should govern the actions of all in power. I thank Rina Lahav for her assistance in transcribing this text, to which I hope to return at a later date.

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his children to act impiously, keep fixed times for prayer, not to dine before the proper hour. 47 These things create prosperity in the present and lead the king to the greater heavenly kingdom. But he who does not administer the kingdom according to this law, truly sustains many evils and adversities of government. 48

These selections reinforce John’s concern with the entangled welfare of ruler and realm, individual and community, placing heavy—but not sole—responsibility upon the princeps for the quality of the Christian respublica. The ruler’s role was to act in the interests of their people. Beyond this, each individual and category of person had a part to play in upholding the common good, as the subsequent distinctions of Communiloquium, and John’s other selections from DDAS, would show. It was perhaps for this reason that he omitted the cosmological consequences of the ruler’s injustice expressed in DDAS from his quotation. The fact that John probably encountered DDAS as an authentic work of Augustine would have strengthened his conviction in its utility as a source for demonstrating that the ‘republican’ spirit of the Communiloquium and its many classical citations was not at odds with Christian teaching; a recurring concern throughout his works. While it is now considered the work of an anonymous seventh-century Irish author, DDAS travelled under a variety of attributions during the Middle Ages, including as a work of Augustine.49 The likelihood that John of Wales met DDAS as an Augustinian text can be deduced from three pieces of evidence. First, DDAS appears prominently in the table of contents of the short recension preserved in the 1472 Cologne 47 At this point, John omits from his recitation of DDAS, 9, a quotation from Eccles. 10. 16: ‘Vae enim terrae, cuius rex puer est et cuius principes mane comedunt’, which he has already cited in Communiloquium, I.d3.3, ‘That the prince ought not to be stained by any dirtying defect’. 48 Communiloquium, I.d3.12: ‘iusticie regis est neminem iniuste per potentiam opprimere, sine acceptione personarum inter uirum et proximum suum recte [cf. DDAS, 9, ed. Hellman: ‘iuste’] iudicare, aduenis pupillis et uiduis defensorem esse, cohibere furta adulteria punire, iniquos non exaltare, impudicos et hystriones non nutrire impios de terra perdere patricidas et proiurantes uiuere non sinere, ecclesias defensare, pauperes alimoniis alere, iustos super negocia regis [cf. DDAS, 9, ed. Hellman: ‘regni’] constituere, senes et sapientes et sobrios consiliarios habere. Magnorum Ariolarum Phytomissarumque superstitionibus non intendere, iracundiam differre, patriam fortiter et iuste contra inimicos defendere, per omnia in Deo confidere, prosperitatis causa animum non eleuare, cuncta aduersantia pacienter tolerare, fidem catholicam in Deum habere, filios suos non sinere impie agere, certis horis orationibus insistere, ante horas congruas cibum non gustare, hec regni prosperitatem in presenti faciunt, et regem ad regna celestia perducent. Qui uero regnum secundum hanc legem non dispensant multas nimirum aduersitates tolerant imperii.’ 49 See Mews and Joyce, chap. 1 in this volume, pp. 54–59.

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edition as an explicitly Augustinian work. In the description of I.d2.3—on the legitimate assumption of lordship by the prince—it notes that ‘penalty or glory should be expected according to whether it is used for good or ill, according to Augustine in The Twelve Abuses’.50 Second, although the long recension anonymizes DDAS by omitting any direct attribution to Augustine, it appears to preserve traces of an earlier version in which attribution was explicit. In I.d3.12, as preserved in Augsburg edition of 1475, John of Wales segues from a long passage taken from the De ciuitate Dei to an equally extended quotation from DDAS by remarking: ‘this, Augustine wrote, who in a sufficient, orderly and perfect way enumerated those things which are necessary for princes. Item, concerning the good instruction of lords in the treatise The Twelve Abuses’.51 The close apposition is highly suggestive. Finally, in at least one early manuscript copy, now in the Bibliothèque nationale de France, this ‘item’ is rendered ‘idem’: a clear suggestion that DDAS was to be read as a work of the same author.52 If John did read DDAS as a work of Augustine, then it had a two-fold significance for him: its core ideas chimed perfectly with his goals in the Communiloquium, and its authority as a patristic text was powerful in mounting a defense of his classicizing tendencies. He—or his copyists—may subsequently have removed references to Augustine as its author in light of the growing skepticism in Paris towards other pseudonymous texts, such as the De spiritu et anima and Secreta secretorum, in the last quarter of the century.53

The Communiloquium in context: Franciscans in thirteenthcentury English politics John of Wales’s intellectual and spiritual formation took place in Oxford in the 1250s–1260s, where he also gathered many of the materials that would become the Communiloquium and likely began work on its synthesis. John’s 50 Communiloquium [short recension], Tabula: ‘et pro bene usa uel male est pena uel gloria expectanda secundum Augustinum de duodecim abusionibus’. 51 Communiloquium, I.d3.12: ‘…hec Augustinus. Qui sufficienter ordinabiliter et perfectibiliter, que sunt necessaria principibus enumerauit. Item de informatione dominorum bene in Tractatu de 12. abusionibus ubi dicitur: Sextus abusionis gradus, Dominus sine uirtute…’ 52 Paris, BnF, MS lat. 15451, f. 18rb. 53 For the disputed Augustinian attribution of De spiritu et anima, see Mews, ‘Diffusion of the De spiritu et anima’. On the disputed attribution of Secreta secretorum to Aristotle, see Williams, Secret of Secrets, pp. 305–306. Williams notes John of Wales’s Communiloquium among the texts that expressed reticence about the Aristotelian appellation, but it is not clear whether this is an artefact of working from later printed editions.

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Oxford career thus overlapped with a period of political turbulence into which both the city and the Order were drawn. As Frédérique Lachaud has noted, there is a striking lack of reference to contemporary events or examples in John of Wales’s Communiloquium.54 Yet John’s construction of the ideal Christian society, his expression of the justice of the prince, his concern with counsel, his conceptualization of the collective and individual role of the ‘people’, and of the preacher’s place in bringing true justice to society were pertinent to contemporary conditions. I suggest that, as well as a mechanism for constructing his work as a universal moral truth, his avoidance of open contemporary references was a deliberate approach intended to protect himself and his work from accusations of partisanship, rather than an indication of his lack of interest in the political or moral debates of his time. His manual for pastoral conversation with the powerful was intended to produce a moral reform of the public sphere from within, where open rebellion had failed. The course of this period of reform and rebellion in England has been discussed at length by others, and a short summary will suffice here.55 A baronial movement drawing on the tradition of Magna Carta had developed in England in the late 1250s, finally coalescing into a formal reform party under the leadership of Simon de Montfort, earl of Leicester, at a meeting in Oxford in the early summer of 1258. The city subsequently gave its name to the so-called ‘Provisions’ summarizing the rebel position.56 It was alleged that justice and financial favour were being exercised in favour of King Henry III’s many foreign relations, to the detriment of the native-born English and the king’s own proper dignity. His royal government was therefore to be subject to the oversight of a body of twenty-four men (twelve royal and twelve baronial appointments), and the advice of a further fifteen men chosen to be his council by a subcommittee of the twenty-four. The officials of his chancery, exchequer, and courts would likewise be appointed by the twenty-four, and sworn to act on their recommendation only except in the most quotidian of matters. The households of the king and queen, and their eldest son, the future Edward I, would also come under their supervision and be reformed. Parliament was to meet regularly, irrespective of royal summons, and all the elected counsellors, together with twelve men chosen 54 Lachaud, ‘De la satire politique’, p. 406; see, however, the assessments of Victor Green and Jean-Philippe Genet, who each see John of Wales as expressing explicit support for reform, see Green, ‘Franciscans in Medieval English Life’, p. 64; Genet, ‘Simon de Montfort’, pp. 63–64. 55 See, for instance, Treharne, Baronial Plan of Reform; Carpenter, ‘What Happened in 1258?’; Maddicott, Montfort; Ambler, ‘The Montfortian Bishops’; Ambler, Song of Simon de Montfort. 56 ‘Provisions of Oxford’; Carpenter, ‘Secret Revolution’, p. 30.

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by the counties, would gather to advise the king on the government of his realm. Under duress, the king and his son swore to uphold these provisions, but they were later overturned by the arbitration of the king’s brother-in-law, Louis IX of France. This decision was so intolerable to the reformers that it ultimately led the parties to open warfare, in which first the baronial (Battle of Lewes, 1264) and then the royal (Battle of Evesham, 1265) forces were ascendant. Despite the royal party’s decisive victory and the death of Earl Simon in this latter conflict, a general ‘disturbance of the realm’ continued until at least 1267, and—in some estimations—remained a current concern after the death of Henry III in 1272. Although the Communiloquium makes no direct reference to these events, there are several suggestive connections between John’s choice of quotation and emphasis, and the baronial vision of a reformed government. Suggestively, in I.d2.3, on how power is properly to be assumed, John approvingly echoed the need for the prince to take council from a body of wise men when making judgement—a trope of classical republicanism—from Solinus’s Collectanea rerum memorabilium.57 Misquoting the original number of thirty counsellors, John named forty; a number closely related to the sum of the twenty-four and fifteen advisors appointed for Henry III by the reformers of 1258.58 Moreover, his emphasis upon the common good recalled the reformers’ insistence on the interests of the ‘commonalty of the realm’, a concept which gained increasing political currency in England from the 1260s on.59 He also cited, apparently approvingly, the controversial defence of tyrannicide offered in the Policraticus, which had been invoked as part of the intellectual backdrop to the earlier rebellion of the Magna Carta barons against Henry III’s father, King John, in 1215, and produced in the context of critiquing his grandfather, Henry II.60 John of Wales’s presence among the intellectuals on whom the reformers called for advice in framing their complaints cannot be determined with certainty, but given that he took up his lectorship in c. 1257/1259 after having previously completed his baccalaureate in the city and incepted as a Franciscan master, he was almost certainly in Oxford as the reform 57 Solinus, Collectanea, 53.16, ed. Mommsen, p. 198. 58 The original number of councillors to be imposed on the king by the 1215 Magna Carta was twenty-five. 59 See Morris, ‘Magnates and Community’, pp. 60–61; Maddicott, Origins, pp. 142–149; Ormrod, ‘Murmur, Clamour and Noise’, pp. 136–137. 60 Communiloquium, I.d3.20, ‘That the prince should take precautions against tyranny and towards justice’. On the complex relationship between Policraticus and Magna Carta, see Fryde, ‘The Roots of Magna Carta’; Nederman, ‘Road to Runnymede’.

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movement took increasingly solid shape. Moreover, a number of the texts and ideals he subsequently cited in the Communiloquium directly informed their arguments. The reformers were certainly part of the same intellectual world, even if we cannot demonstrate their direct influence upon him. Significantly, a baronial letter to Pope Alexander IV dated to 1258, preserved in the Annals of Burton and likely composed at Oxford, referred indirectly to DDAS in enumerating the faults of the king, his relations, and their officials:61 The excesses of the [king] and his brothers are so grave and grand that ‘the cry of the poor ascends to heaven’ against them.62 For their ministers and off icials—or rather abettors and thieves—have plundered the poor, ambushed the simple, fostered the impious, oppressed the innocent, rejoiced in the worst things, delighted when doing wrong; consuming the sins of the people (Hosea 4. 8), they revelled in the tears of widows and nakedness of orphans, taking pleasure in oppressing their underlings.63

This list of sins was constructed as a dark mirror of the virtues recommended for a king in DDAS: that he should oppress no one unjustly; judge fairly; defend strangers, orphans and widows; restrain robbery and theft; not promote the wicked to high office; support the poor; place good men in charge of his affairs; and appoint old and wise counsellors.64 The letter juxtaposed this with one of the earliest known quotations from the ‘organic’ metaphor of the corporate respublica as given in the Policraticus,65 using it to advance an argument for removing the king’s relations in order to restore the governance of justice and equity for the sake of the proper function of the community: 61 Annales Monastici (Ann. Mon.), i, pp. 457–460. 62 The precise source of this quotation is unclear, but the closest match in LLT comes from Bonaventure’s commentary on the Gospel of Luke 16. 1, par.: 3, completed in 1248: ‘clamor pauperum ascendit ad Dominum’. If so, this would support the suggestion of Franciscan involvement in the letter. ‘Clamor pauperum’ (cry of the poor) is also found in Job 34. 28 and Ps. 9. 13. 63 Ann. Mon., i, p. 458: ‘Praedictorum electi et fratrum suorum tam graues erant excessus et grandes, quod “clamor pauperum ad coelum ascenderat” contra ipsos. Ipsorum enim ministri et off iciales, quin potius satellites et praedones, depraedabantur pauperes, insidiabantur simplicibus, fouebant impios, opprimebant innocentes, exultabant in rebus pessimis, laetabantur cum male fecissent, “peccata populi comedentes”, luxuriabantur in lacrymis uiduarum et nuditate pupillorum, gaudentes in oppressionibus subditorum.’ 64 DDAS, 9, ed. Hellmann, p. 54. 65 Linder, ‘Policraticus in Thirteenth-Century England’, p. 282; Dines, ‘Earliest Use’, p. 107.

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We, therefore—attending to the fact that the respublica is a certain body that is animated by the favour of a divine gift, and driven by the command of total equity and ruled by a certain rudder of reason, lest it lose the distinction among members that there ought to be in one body—have many times and with frequent admonishments, as judgement demands, called and caused to be called upon [the lord king] and his brothers, as disturbers of the quiet and tranquility of the whole realm, to respond to [our] complaints according to the law and customs of the realm…66

The parallels between the reforming ethos expressed in this letter and the underpinning philosophy of the Communiloquium are striking. They suggest that John of Wales could have encountered this particular pairing of classicizing and Christian republicanism in the context of reform and rebellion in England. Moreover, the survival of the reformers’ letter in the Annals of Burton shows that John need not have been present personally at the reformers’ table in order to be exposed to these ideals: they were in circulation as part of a public discourse on political practice and morality. They apparently continued to influence his Oxford contemporary and Franciscan colleague, John Pecham, after his archiepiscopal appointment. Among his earliest acts as archbishop of Canterbury was to hold an ecclesiastical council that reissued the sentences of excommunication against anyone transgressing the terms of Magna Carta.67 Franciscan influence upon both the members and the moral shape and intellectual foundations of the program of reform prosecuted by the baronial party is well established. Franciscan hands have been detected behind the composition of The Song of Lewes, a political poem celebrating the achievements of the reformers, lamenting the state of royal government, and criticizing the king and his son for their unvirtuous behaviour.68 The noted friar, Adam Marsh (c. 1200–1259), lector of the Franciscan convent at Oxford from 1238 and a former student of Robert Grosseteste, was Simon de Montfort’s personal friend and spiritual advisor, exchanging several letters 66 Ann. Mon., i, p. 459: ‘Nos igitur attendentes quod respublica corpus quoddam est, quod diuini muneris benef icio uegetatur, et summae aequitatis nutu agitur, et regitur quodam moderamine rationis; nec expedit quod in uno corpore distantia sit membrorum, dictos electum et fratres suos, tanquam turbatores quietis et tranquillitatis regni totius, post multas instantias et frequentes monitiones, uocauimus et vocari per dominum regem fecimus, ut judicio sisterent, suis querelantibus responsuri juxta consuetudines regni et leges.’ 67 Thompson, ‘Pecham [Peckham], John (c. 1230–1292), archbishop of Canterbury’, ODNB. 68 Song of Lewes, ed. Kingsford, p. xxii. On the Song as expressing a particularly interventionist attitude to ecclesiastical oversight of the political sphere, see Jahner, Literature and Law, p. 207.

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with him in the 1240s and 1250s, including on the topic of dedicating oneself to justice and just action, despite the imperfections of the political world.69 He was still active at the Oxford schools when John of Wales arrived, and may have been his teacher.70 Marsh had also corresponded with other members of the rebel party,71 and his surviving letters reveal his particular form of pastoral care to have been highly politically engaged. He had even aroused the ire of the king for his direct approach to ethical critique.72 Marsh’s concern for pastoral ethics, also evident in John of Wales’s work, was characteristic of the English Franciscan Province as it had developed under his tutelage, with the patronage of Robert Grosseteste, bishop of Lincoln (d. 1253). Meanwhile, Grosseteste was himself a noted ethicist, having translated Aristotle’s Nichomachean Ethics and produced a commentary. He loaned Earl Simon a copy of his own memorandum on political virtue, De regno et tyrannide, and fostered the earl’s sons in his household.73 Grosseteste died before the reform gathered pace, but links between his household and the rebel party continued after his death; his former steward, John Crakehall, was among the baronial appointees to high office in 1258.74 The bishop’s teachings on political virtue had certainly been formative in the earl’s concept of the common good and personal (and royal) responsibilities, and therefore indirectly informed his reforming platform. His work on Ethics was also regularly cited by John of Wales. The degree to which men like Marsh and Grosseteste might have supported reform to the extent of sanctioning Montfort’s eventual, radical course of action against Henry III has been disputed.75 Yet their leadership had generated a Franciscan tradition of informal and personal pastoral interaction with the political elite—of exactly the kind envisaged in the Prologue of the Communiloquium—that engaged them closely in 69 Letters of Adam Marsh, ed. Lawrence, ii, nos 133–134, pp. 324–359 (esp. pp. 332–337). Among Marsh’s other correspondence is a letter to Nicholas, prior of Christ Church Canterbury (1244–1258), in which he criticizes those who would twist legal and other traditions towards ‘secular abuses’, perhaps an indirect nod to DDAS; see Letters of Adam Marsh, ed. Lawrence, ii, no. 90, pp. 232–33: ‘qui aut traditiones legales aut canonicas sanctiones aut eloquia sacrosancta qut quarumcunque litterarum peritiam, ad prefatas uersutie secularis abusiones distorquere.’ 70 Lawrence, ‘Marsh at Oxford’. 71 Such as Peter of Savoy, earl of Richmond, see Letters of Adam Marsh, ed. Lawrence, ii, no. 145, pp. 360–363. Peter was among the signatories to the barons’ letter, cited above, see Ann. Mon., i, p. 460. 72 Power, ‘Friars in Secular and Ecclesiastical Governance’, pp. 42–43. 73 Letters of Adam Marsh, ed. Lawrence, i, no. 25, pp. 56–63; and ii, p. 330, n. 4. 74 Documents, ed. Treharne and Sanders, p. 15. 75 Ambler, ‘On Kingship and Tyranny’.

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moral-political questions. The Minors certainly faced criticism for their perceived radicalism in England, suggesting that there was a contemporary association between the Order and a radical attitude to political virtue. Summarizing the events of the Battles of Lewes and Evesham—between which the English crown had been temporarily overthrown by the earl’s rebel regime—the royalist continuator of the Flores Historiarum concluded that the Franciscans were culpable. They had stirred up revolt ‘with the blandishments of their preaching and approbation’, perhaps in precisely the kind of informal conversation that the Communiloquium advocated.76 Now, with the earl dead and the king, Henry III, returned, the chronicler prayed that ‘with all spurious shoots being cut away, the true branches might increase and henceforth repay the cultivator with grapes, rather than wild vines’.77 The Flores was far from the only contemporary voice that associated the Minors and their circle with radical political critique at this time. William Rishanger represented their great patron, Grosseteste, as urging Montfort to pursue peace at the point of a sword, and prophesying on his deathbed that both the earl and his eldest son would die martyrs’ deaths in the cause of justice and truth.78 Meanwhile, the Melrose Chronicle reported that Franciscans intimately associated with the earl had composed a suite of liturgical items in the earl’s honour, ‘to wit lessons, responses, verses, hymns, and other things which pertain to the glory and honour of a martyr’, which could not be sung even in the new reign of Edward I (1272–1307) as had been hoped.79 This was the background against which John of Wales had accumulated his citations for the Communiloquium and begun, if not completed, work on his manual for preaching the body politic. In the context of such criticisms, John’s strategy of omitting contemporary references looks like an attempt to propose his vision in such a way as not to attract opprobrium or censorship from temporal or religious authorities. While the content of his Communiloquium implies deep sympathies with the program of reform, he was evidently not a confrontationalist. As he tells us in his Prologue, the most effective persuasion took place in conversation with the ‘philosopher’ or preacher, from which every person should go away changed.80 His Com76 For a related suggestion, see Carpenter, ‘English Peasants’, p. 40. 77 Flores Historiarum, iii, p. 266: ‘suis praedicationum et approbationum blanditiis linientes… utinam, praecisis uitulaminibus spuriis, recipiant palmites incrementum, et cultori suo reddant uuas de caetero, non labruscas.’ 78 Rishanger, pp. 6–7. 79 Cited in Lefferts, ‘Two English Motets’, p. 210. 80 Communiloquium, I.d1.1.

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muniloquium equipped preachers to converse productively with every person in this way in order to bring about the Christian respublica of John’s ideal. That his political sensibilities were later recognized by men like Pecham strongly suggests that contemporaries acknowledged his achievement.

Conclusion In his views on both political morality and on the mechanism by which it was best to be achieved, John of Wales probably represented the majority position of the friars in England: that princely power was legitimate, provided that it was justly exercised for the good of all; that moral political reform was desirable, but that the instability and destruction of open warfare was not; and that the path to true reform was more likely to be achieved by successful table-talk with the powerful than by armed rebellion. His unique synthesis of classical and biblical approaches to political virtue, exemplified by his integration of the Policraticus and DDAS, and a range of biblical and patristic works, into his discussion of the Stoic respublica advanced a new vision of the ideal Christian body politic. By presenting this synthesis as the opening framework of his manual for preachers, he produced a guidebook for producing this Christian respublica, ruled by common observance of laws for the sake of justice in service of the common good, through a form of political pastoral care that drew on the traditions of the early English Franciscans. In so doing, John of Wales rediscovered the social significance of DDAS that had been overlooked by earlier commentators’ emphasis on its prescriptions against the unjust king. The Communiloquium marked a turning point in the reception of DDAS in the political realm, from a work on kingship to a reflection on the body politic, just as it marked a change in John of Wales’s own ethical perspective from a princely to a republican one.

Bibliography Manuscripts Oxford, Merton College Library, MS 248 Paris, BnF, MSS lat. 15034, 15451 New Haven, Beinecke Library, MS 373

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Primary sources Adam Marsh, The Letters of Adam Marsh, ed. by C. H. Lawrence, 2 vols (Oxford: Clarendon Press, 2006). Annales Monastici, ed. by H. R. Luard, 5 vols, RS, 36 (London: Longman, Green, Longman, Roberts, and Green, 1864–1869). Augustine, De ciuitate dei, ed. by B. Dombart and A. Kalb, CCSL, 47–48 (Turnhout: Brepols, 1955). Breen, Aidan, ed., ‘Towards a Critical Edition of De XII Abusivis: Introductory Essays with a Provisional Edition of the Text and Accompanied by an English Translation’ (unpublished doctoral thesis, University of Dublin, 1988). Caramuel, Juan, Theologiae moralis fundamentalis, 4 vols (Anisson: Lyon, 1675–1676). Cicero, M. Tullius, De re publica, ed. by K. Ziegler (Leipzig: Teubner, 1969). Documents of the Baronial Movement of Reform and Rebellion, selected by R. E. [sic., R. F.] Treharne and ed. and trans. by I. J. Sanders (Oxford: Clarendon Press, 1973). Flores Historiarum, ed. by H. R. Luard, 3 vols, RS, 95 (London: HMSO, 1890). Iavelli, Crisostomo, Philosophia ciuilis christiana disposita (Venice: Cautum, 1450). John of Salisbury, Policraticus sive de nugis curialium et vestigiis philosophorum libri viii, ed. by Clemens C. J. Webb, 2 vols (Oxford: Oxford University Press, 1909). John of Wales (Iohannes Galensis), Communiloquium siue summa collationum (Augsburg: A. Sorg, 1475). John of Wales (Iohannes Galensis), Florilegium de uita et dictis illustrium philosophorum, ed. by Luke Wadding (Rome, 1655). John of Wales (Iohannes Galensis), Summa collationum, sive communiloquium (Cologne: Ulrich Zell, 1470). Ps.-Cyprianus. De xii abusiuis saeculi, ed. by Siegmund Hellmann (Leipzig: J. C. Hinrichs, 1909). Solinus, C. Julius. Collectanea rerum memorabilium, ed. by Theodore Mommsen, repr. edn (Berlin: Weidmann, 1958). The Song of Lewes, ed. by C. L. Kingsford (Oxford: Clarendon Press, 1965). Thomas of Eccleston, De adventu fratrum minorum in Angliam: The Chronicle of Thomas of Eccleston, ed. by Andrew George Little (Manchester: Manchester University Press, 1951). William of Rishanger, The Chronicle of William de Rishanger, of the Barons’ War and The Miracles of Simon de Montfort, ed. by J. O. Halliwell, repr. edn (Milton Keynes: Lightning Source, 2012).

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Secondary sources Ambler, Sophie T., ‘The Montfortian Bishops and the Justification of Conciliar Government in 1264’, Historical Research, 85 (2012), 193–209. Ambler, Sophie T., ‘On Kingship and Tyranny: Grosseteste’s Memorandum and its Place in the Baronial Reform Movement’, Thirteenth Century England, 14 (2013), 115–128. Ambler, Sophie T., The Song of Simon de Montfort: The Life and Death of a Medieval Revolutionary (Oxford: Oxford University Press, 2019). Barrau, Julie, ‘Ceci n’est pas un miroir, ou le Policraticus de Jean de Salisbury’, in Le Prince au miroir de la littérature politique de l’Antiquité aux Lumières, ed. by Frédérique Lachaud and Lydwine Scordia (Rouen: Publications des Universités de Rouen et du Havre, 2007), pp. 87–110. Burghart, Marjorie, ‘Remploi textuel, invention et art de la mémoire: les Sermones ad status du franciscain Guibert de Tournai (†1284)’ (unpublished doctoral thesis, Université de Lyon 2, 2013). Carpenter, David A., ‘English Peasants in Politics 1258–1267’, Past & Present, 136 (1992), 3–42. Carpenter, David A., ‘The Secret Revolution of 1258’, in Baronial Reform and Revolution in England, 1258–1267, ed. by Adrian Jobson (Woodbridge: Boydell, 2016), pp. 30–42. Carpenter, David A., ‘What Happened in 1258?’, in War and Government in the Middle Ages, ed. by John Gillingham and J. C. Holt (Woodbridge: Boydell, 1984), pp. 109–117. Diem, Albrecht, ‘A Classicising Friar at Work. John of Wales’ Breviloquium De Virtutibus’, in Christian Humanism: Essays in Honour of Arjo Vanderjagt, ed. by Alasdair A. MacDonald, Z. R. W. M. von Martels and Jan Veenstra (Leiden: Brill, 2009), pp. 75–102. Dines, Ilya, ‘The Earliest Use of John of Salisbury’s Policraticus: Third Family Bestiaries’, Viator, 44 (2013), 107–118. Fryde, Natalie M., ‘The Roots of Magna Carta: Opposition to the Plantagenets’, in Political Thought and the Realities of Power in the Middle Ages, ed. by Joseph Canning and Otto Gerhard Oexle (Göttingen: Vandenhoeck & Ruprecht, 1998), pp. 53–66. Genet, Jean-Philippe, ‘Simon de Montfort: baron ou homme politique?’, Médiévales, 34 (1998), 53–68. Green, Victor G., ‘The Franciscans in Medieval English Life (1224–1348)’, Franciscan Studies, 20 (1939), 1–165. Jahner, Jennifer, Literature and Law in the Era of Magna Carta (Oxford: Oxford University Press, 2019).

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Kalning, Pamela, ‘Virtues and Exempla in John of Wales and Jacubus de Cessolis’, in Princely Virtues in the Middle Ages: 1200–1500, ed. by Istvàn P. Bejczy and Cary J. Nederman (Turnhout: Brepols, 2007), pp. 139–176. Kehnel, Annette, ‘The Narrative Tradition of the Medieval Franciscan Friars on the British Isles. Introduction to the Sources’, Franciscan Studies, 63 (2005), 461–530. Kempshall, Matthew S., ‘De Republica 1.39 in Medieval and Renaissance Political Thought’, Bulletin of the Institute of Classical Studies, 45, Suppl. 76 (2001), 99–135. Lachaud, Frédérique, ‘De la satire politique au “miroir”: Jean de Galles et la lecture du Policraticus de Jean de Salisbury au XIIIe siècle’, in Universitas scolarium. Mélanges offerts à Jacques Verger par ses anciens étudiants, ed. by Cédric Giraud and Martin Morard (Geneva: Droz, 2011), pp. 385–407. Lachaud, Frédérique, ‘Filiation and Context: The Medieval Afterlife of the Policraticus’, in A Companion to John of Salisbury, ed. by Christoph Grellard and Frédérique Lachaud (Leiden: Brill, 2015), pp. 375–438. Lawrence, C. H., ‘Adam Marsh at Oxford’, in The Franciscan Order in the Medieval English Province and Beyond, ed. by Patrick Zutshi and Michael Robson (Amsterdam: Amsterdam University Press, 2018), pp. 159–180. Lawrence, C. H., ‘The Letters of Adam Marsh and the Franciscan School at Oxford’, Journal of Ecclesiastical History, 42 (1991), 218–238. Lefferts, Peter M., ‘Two English Motets on Simon de Montfort’, Early Music History, 1 (1981), 203–225. Lewry, P. Osmund, ‘Rhetoric at Paris and Oxford in the Mid-Thirteenth Century’, Rhetorica, 1 (1983), 45–63. Linder, Amnon, ‘John of Salisbury’s Policraticus in Thirteenth-Century England: The Evidence of MS Cambridge Corpus Christi College 469’, Journal of the Warburg and Courtauld Institutes, 40 (1977), 276–282. Little, Andrew George, ‘The Franciscan School at Oxford in the Thirteenth Century’, Archivum Franciscanum Historicum, 19 (1926), 803–874. Maddicott, J. R., The Origins of the English Parliament, 924–1327 (Oxford: Oxford University Press, 2010). Maddicott, J. R., Simon de Montfort (Cambridge: Cambridge University Press, 1994). Mews, Constant J., ‘The Diffusion of the De spiritu et anima and Cistercian Reflection on the Soul’, Viator, 49 (2018), 297–330. Morris, William A., ‘Magnates and Community of the Realm in Parliament, 1264–1327’, Medievalia et humanistica, 1 (1943), 58–94. Muessig, Carolyn, ‘Audience and Preacher: Ad status Sermons and Social Classification’, in Preacher, Sermon and Audience in the Middle Ages, ed. by Carolyn Muessig (Leiden: Brill, 2002), pp. 255–276.

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Nederman, Cary J., ‘2012 Arthur O. Lovejoy Lecture Civil Religion—Metaphysical, Not Political: Nature, Faith, and Communal Order in European Thought, c. 1150–c. 1550’, Journal of the History of Ideas, 74 (2013), 1–22. Nederman, Cary J., The Bonds of Humanity: Cicero’s Legacies in European Social and Political Thought, ca. 1100–ca. 1550 (Philadelphia: Penn State University Press, 2020). Nederman, Cary J., ‘Friendship in Public Life During the Twelfth Century: Theory and Practice in the Writings of John of Salisbury’, Viator, 38 (2007), 385–397. Nederman, Cary J., ‘The Liberty of the Church and the Road to Runnymede: John of Salisbury and the Intellectual Foundations of the Magna Carta’, PS: Political Science & Politics, 43 (2010), 457–461. Nederman, Cary J., ‘A Medieval Ciceronian: John of Salisbury’, in The Ciceronian Tradition in Political Theory, ed. by Daniel J. Kapust and Gary Remer (Madison: University of Wisconsin Press, 2021), pp. 35–54. Ormrod, W. Mark, ‘Murmur, Clamour and Noise: Voicing Complaint and Remedy in Petitions to the English Crown, c. 1300–1460’, in Medieval Petitions: Grace and Grievance, ed. by W. Mark Ormrod, Gwilym Dodd, and Anthony Musson (York: York Medieval Press, 2009), pp. 135–155. Pantin, W. A., ‘John of Wales and Medieval Humanism’, in Medieval Studies Presented to Aubrey Gwynn S. J., ed. by J. A. Watt, J. B. Morrall, and F. X. Martin (Dublin: Colm O’Lochlainn, 1961), pp. 297–319. Power, Amanda, ‘The Friars in Secular and Ecclesiastical Governance, 1224–c. 1259’, in The English Province of the Franciscans (1224–c.1350), ed. by Michael J. P. Robson (Leiden: Brill, 2017), pp. 28–45. Robson, Michael J. P., ‘The Franciscan Lectors of the English Province in the 13th Century’, in ‘Non enim fuerat Evangelii surdus auditor…’ (1 Celano 22): Essays in Honor of Michael W. Blastic, O.F.M. on the Occasion of his 70th Birthday, ed. by Michael Cusato and Steven J. McMichael (Leiden: Brill, 2020), pp. 167–200. Sanders, I. J., ‘Introduction’, in Documents of the Baronial Movement of Reform and Rebellion, selected by R. E. [sic., R. F.] Treharne, ed. and trans. by I. J. Sanders (Oxford: Clarendon Press, 1973), pp. 1–60. Scholderer, Victor, ‘The Early Editions of Johannes Vallensis’, National Library of Wales Journal, 3 (1944), 74–79. Şenocak, Neslihan, ‘Book Acquisition in the Medieval Franciscan Order’, Journal of Religious History, 27 (2003), 14–28. Sharpe, Richard, A Handlist of the Latin Writers of Great Britain and Ireland before 1540 (Turnhout: Brepols, 1997). Smalley, Beryl, English Friars and Antiquity in the Early Fourteenth Century (Oxford: Basil Blackwell, 1960).

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Swanson, Jenny, John of Wales: A Study of the Works and Ideas of a Thirteenth-Century Friar (Cambridge: Cambridge University Press, 1989). Thompson, Benjamin, ‘Pecham [Peckham], John (c. 1230–1292), archbishop of Canterbury’, in Oxford Dictionary of National Biography [ODNB] (Oxford: Oxford University Press, 2004–). Thomson, R. M., A Descriptive Catalogue of the Medieval Manuscripts of Merton College, Oxford, (Cambridge: Brewer, 2009). Treharne, R. F., The Baronial Plan of Reform, 1258–1263 (Ann Arbor: University of Michigan Press, 1932). Wenzel, Siegfried, Latin Sermon Collections from Later Medieval England: Orthodox Preaching in the Age of Wyclif (Cambridge: Cambridge University Press, 2005). Williams, Steven J., The Secret of Secrets: The Scholarly Career of a Pseudo-Aristotelian Text in the Latin Middle Ages (Ann Arbor: University of Michigan Press, 2003).

About the author Kathleen B. Neal is Senior Lecturer in History and Director of the Centre for Medieval & Renaissance Studies at Monash University (Australia). She specializes in later-medieval political culture and communication. Her monograph The Letters of Edward I: Political Communication in the Thirteenth Century was published by Boydell Press in 2021.

8

Justice and Its Abuses in the Speculum justiciariorum Cary J. Nederman

Abstract This chapter explores the remarkable explosion in discussion of abusion in an Anglo-Norman text of the late thirteenth century, the Speculum justiciariorum (The Mirror of Justices). This work can be described as a hybrid, a deconstruction and recomposition of medieval English legal theory and practice through the filter of speculum principum conventions. It examines abusion in terms of three rough categories: political (against the crown and royal court), judicial (relating to misbehaviour by judges in the service of the king), and legal (relating to statutes that violate the customary laws of the realm). This work, seemingly addressed to Edward I, offers a sophisticated and scathing review of the administration of justice in the realm, drawing on royal precedent and scripture. Keywords: Abuses, Speculum justiciariorum, kingship, justice, judges, law.

As we know from the other chapters contained in this volume, the De XII abusiuis saeculi and its concentration on the term ‘abuse’ had wide dissemination in the medieval world well beyond the period of its initial composition.1 The present chapter highlights one such example of this pervasive interest in abuse located in the text of a unique (to the point of exceedingly odd) anonymous Anglo-Norman pseudo-legal treatise entitled the Speculum justiciariorum (usually translated as The Mirror of Justices). By my count, the word abusion shows up 175 times in this volume. Indeed, its fifth and final book is called ‘De Abusions’. Modern scholars—even 1 I wish to express my thanks to Jennifer Jahner, Constant Mews, and Kathleen Neal for their invaluable suggestions and comments on drafts of this paper.

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch08

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those who have deemed it worthy of study—commonly treat the Speculum justiciariorum as an idiosyncratic, if not sui generis, book; the adjective frequently employed to describe it is ‘curious’.2 Although it evidently dates to between 1285 and 1289, its authorship remains in dispute and may never be established with confidence.3 One aspect of the Speculum justiciariorum that renders it so problematic is its defiance of clear classification. On the surface, it appears to be a version of the common law compendium genre typical of medieval England, comparable to Glanville, ‘Bracton’ and Fleta. Its author clearly knew and relied upon the Bractonian De legibus et consuetudinibus Angliae. 4 As I have argued elsewhere, however, I believe that we ought to count it as a variant of the speculum principum genera.5 Although the Speculum justiciariorum is no conventional ‘mirror’, it can reasonably be described as a hybrid, a deconstruction and recomposition of medieval English legal theory and practice through the filter of speculum principum conventions. This accounts for its distortions of the historical record, as well as for its forays into the realm of politics. In what follows, I propose to sort the various instances of abusion into three rough categories: political, judicial, and legal. By the first I mean abuses by and against the crown and royal court; the second refers to misbehavior by the judges in the service of the king; the third connotes statutes that violate the customary laws of the realm.

The legal context of the Speculum justiciariorum Before I address directly the use of abusion in the Speculum justiciariorum, however, it might prove helpful to provide some context for its contents. In his prologue, the author frames his intention by way of a complaint against the corruption of the judiciary: ‘… jeo maperceyvoie devers de qe la lei deveroyent governer par rieules de droit, aver regard a lur demeine terreiens proffiz, e as princes seignurages e amis plere, e a seiguries e avoir amassier …’ [‘I perceived that diverse of those who should govern the law by 2 See Keen, England in the Later Middle Ages, p. 82; Prestwich, War, Politics and Finance, p. 247; Prestwich, The Three Edwards, p. 125; Pronay and Taylor, Parliamentary Texts, p. 13; and Prestwich, Edward I, p. 442. A recent outlier to this position is Jahner, ‘The Mirror of Justices’. 3 Following the proposed dating of the original composition suggested by Jahner, ‘The Mirror of Justices’, p. 226. The question of authorship is addressed by Reuschlin, ‘Who Wrote the Mirror of Justices?’ and Tucker, ‘The Mirror of Justices’. 4 As discussed by Jahner, ‘The Mirror of Justices’. 5 Nederman, ‘The Mirror Crack’d’.

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rules of right had regard to their own earthly profit, and to pleasing princes, lords and friends, and to amassing lordships and goods.’]6 Specifically, he says, judges refuse to refer to law set down in written form, the better to manipulate the powers of their offices; they invoke spurious ‘exceptions’ to statute when it suits them; they misapply or willfully misinterpret the laws of the realm; and they too often lack the learning and experience required to adjudicate justly (SJ, pp. 1–2). Indeed, the author claims a personal stake in his charges: imprisonment. During his incarceration, he reports: Je persecutor de fa us juges e par lur exsecucion fausement enprisone, les privileges le Roi e les vieuz roulles de sa tresorie, dount amis me solacerent en mon soiour, cerchai, e le foundement e la nessaunce des usages dEngleterre donez por lei, oveqe les gueredouns des bons jugez e la peyne des autres i trovai, e a plus bref qe jeo savoie la necessite mis en remenbraunce, a quoi compaignons meiderent destudier el viel testament, el novel, el canon e en lei escrist. [I, the accuser of false judges, falsely imprisoned by their execution, searched out the privileges of the king and the old rolls of his treasury, with which my friends lent me solace, and there discovered the foundation and generation of the customs of England which are established as law, and the rewards of good judges and punishment of others, and as briefly as I could I set in remembrance what is essential, for which end my companions aided me in the study of the Old and New Testaments, and the canon and written law.] (SJ, p. 2).

We can only speculate about whether any of this is true or simply a ploy to earn the sympathy of readers. Certainly, modern scholars have expressed doubts about the veracity of the story. In any case, the author acknowledges that his research into common law was admixed with other sources of scriptural and ecclesiastical origin. His criticism of the ‘false judges’ who he says condemned him stems not merely from their violation of English legal precepts, but also from their deviation from the moral and spiritual calling attached to their office. All of this raises the question of the audience for whom the Speculum justiciariorum was intended. Although the prologue contains no explicit 6 The Mirror of Justices, p. 1. I usually follow Whittaker’s translation, although I have modified it on occasion. Further references to the Mirror will be embedded in the body of this chapter with the abbreviation SJ, followed by the page number in the Whittaker edition.

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dedication or encomium, it seems evident that the author is addressing no one less than the king himself, most probably Edward I. He explains that ‘en eido de vous e del comun del poeple e en vergoigne de faus juges compilai ceste petite summe … E vous pri qe les defautes voillez redrescier e aiouster solom ceo qe par verrei garraunt enporrez estre garantiz [‘for the aid of you and of the community of the people and to the shame of false judges, I compiled this little summary. … And I pray you to redress and adjust the defaults as best you may be warranted by good warrant …’] (SJ, p. 3). The ‘vous’ here can only reasonably refer to the one person to whose authority it pertains to correct justices: the royal head of government. The Speculum justiciariorum directs nearly all of its attention to magistrates within the purview of royal jurisdiction, dissecting the duties of coroners, sheriffs, justices of the eyre, chief justices, and the like. This concentration on the conduct of the king’s judicial officers surely indicates that the treatise’s primary concern is the exercise of the crown’s powers. Indeed, at the beginning of the fourth chapter (‘De jugement’), the author declares that ‘Jugement vient de juresdicion qest la plus grant dignite qe apent al Roi’ [‘judgement derives from jurisdiction, which is the greatest dignity attached to the king’] (SJ, p. 121). In its original (or ‘ordinary’) form, jurisdiction arises from the competence of each man to judge his fellows; in previous times, all free men rightfully claimed jurisdiction. But, the Speculum justiciariorum tells us, in later days, ‘ordinary’ jurisdiction has been arrogated to the king, who enjoys a monopoly on most pleas and who assigns justices to pronounce judgement by delegation (SJ, pp. 121–122). The crown is the fount of adjudication in the realm, and all the decisions of its duly commissioned agents ultimately redound to the person of the ruler. The royal responsibility for the supervision of judges is underscored by the praise heaped on King Alfred, who supposedly in a single year commanded the executions of forty-four judges on grounds that their false decisions were tantamount to homicide. Thereafter, their names and crimes, as well as those of other complicitous royal magistrates, are detailed (SJ, p. 166; also pp. 166–177, 143–144).

Types of abuse With this background in mind, we may now turn our attention to how the language of abuse is deployed in the Speculum justiciariorum. First, we might properly ask what exactly the author means by abusion. At the beginning of Book 5, a definition is offered: ‘Abusion est desus ou mesus de dreit usages

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tournent en abusions, ascune foiz par contrairetie e repugnaunce a dreit, ascune foiz par trop user, ascune foiz par nent ou trop poi user, e ascune foiz par trop largement user.’ [‘Abuse is disuse or misuse of right usages, turning them into abuse, sometimes by contrariety and repugnance to right, sometimes by excessive use, sometimes by non-use or deficient use, and sometimes by extravagant use.’] (SJ, p. 155). The key problem is the absence in England of a systematic set of written statutes that are transparent and accessible to all, which the author clearly deems to be preferable (SJ, p. 156). This situation permits myriad opportunities to exploit law by claiming as ‘rightful usage’ practices that are in fact not warranted either by custom or established precedent. It should be emphasized that the author has in mind not merely formal courtroom proceedings, but also a wide range of administrative activities associated with royal governance. Thus, among the 155 abuses excoriated in Book 5 are currency manipulation and debasement (Abuses nos 9–12) and malfeasance by the Exchequer (Abuses nos 26–29), neither of which one would consider to fall strictly within the ambit of legal adjudication per se. As I have suggested, I think that it is helpful for heuristic purposes to discern three categories of abuses. The first of these I termed political. Abuse no. 1 proclaims: ‘La premere e la soverein abusion est qe li Roi est outre la lei, on il dust estre subject, sicom est contenu en son serement.’ [‘The first and primary abuse is that the king is beyond the law, whereas he ought to be subject to it, as is contained in his oath.’] (SJ, p. 155). The author alludes here to traditional Roman law-derived doctrine that the prince is legibus solutus, a law unto himself. Mention of the coronation oath opens the door to the problem posed by the extent to which a king was bound by the terms of his sworn promise to obey the laws of his realm, which constituted an especially fraught dilemma in England.7 In support of its claim that the coronation oath compels the king to acquiesce to the law, the Speculum justiciariorum offers a fanciful reconstruction of the institution of the English monarchy that commences its first book: Saxnes … apres grantz gueres, tribulacions e peynes par longe tens suffertz ellurent il de eus a Roi pur regner sur eus e pur governer la poeple Dieu, meyntenir e defendre les persones e les biens en quiete par les riules de droit. Al corounement le firent jurer qil meintendreit … son poeple guieroit par droit saunz regard a nule persone, e … justisiable a suffrir droit com autre de son poeple. 7

See Sturdy, ‘“Continuity” versus “Change”’, pp. 234–238.

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[The Saxons … after great wars, tribulations and pains suffered for a long time elected from amongst themselves a king to rule over them and to govern the people of God, maintaining and defending their persons and goods according to the rules of right. And at his crowning they made him swear that … he would guide his people by law without regard to any person, … and he would submit to justice by suffering right like others of his people.] (SJ, p. 6).

From the founding moment of royal jurisdiction, the Speculum justiciariorum insists, the English king was an acknowledged creature of law and could not exempt himself from it. Hence, any assertion that the king was not subject to anything other than his own will necessarily constituted an abuse. A second political abuse identif ied by the Speculum justiciariorum pertains to the breakdown of the king’s consultation with his subjects. The author complains that although ‘les parlementz se duissent … as .ij. foiz par an, la ne se funt il ore forqe rerement e a la voluntie le Roi sur eides e cueillettes de tresor’ [‘parliaments ought to be held … twice a year, they are now held but rarely and at the will of the king in order to receive aid and collect treasure’] (SJ, p. 155). Moreover, the realm is no longer governed according to the principle of ‘common assent’ but instead by executive decrees, formulated by lackeys ‘qi nosent contreviner le Roi, einz desirent del plere e de li conseiller a son proffit, tut ne soit mie lur conseil convenable al comun del poeple’ [‘who do not dare oppose the king, but desire to please him and to counsel him for his profit, albeit that their counsel is not beneficial to the community of the people’] (SJ, p, 156). The ‘natural’ royal advisors are cut out of any position of influence. Consequently, ‘plusours ordenaunces se foundent ore plus sur le voluntie qe sur droit’ [‘many ordinances are founded more upon will than upon right’] (SJ, p. 156). As in the case of coronation oaths, the alleged traditions of the kingdom are set aside: Pur lestat del reaume fist le Roi Alfred assembler ces contes e ordena pur usage perpetuele qe a ij. fois par an on plus sovent pur mestier en tens de pees sassemblerent a Londres pur parlementer sur le guiement de poeple Dieu, coment genz se gardereient de peccher, vivereient en quiete e recevereient droit par certeines usages e seinz jugemenz. [For the good estate of his realm King Alfred caused his counts to assemble and ordained as a perpetual practice that twice a year (or more often if need be in time of peace) they should assemble at London to hold parliament regarding the guidance of the people of God, how the people

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may guard themselves against sin, may live quietly, and may receive right according to established practices and holy judgements] (SJ, p. 8).

This precedent is, of course, entirely fictional. But that is beside the point for the author of the Speculum justiciariorum. The appeal to historical authority need not be accurate so long as it accomplishes its goal of convincing his royal audience to reinstate a regular means of consultation with the community of his people, embodied by the nobility, whose voices are, as he alleges, presently ignored or silenced. The situation of the judiciary logically parallels the shift from the active advising and approving functions of parliament to its exclusion from the decision-making process. The self-interest of officials becomes entirely the motivation for their behaviour. Herein lies the second category of abuse to which the Speculum justiciariorum points: the failure of judges to perform properly their assigned tasks. We have already observed the abusive character of the king’s indifference to the supervision of royal officials, especially justices. But that does not excuse them from their conduct. From its opening lines, the author is clear that the judges (who are, after all, the primary target of his wrath) are ‘usez en cea a juger la gent de lur testes par abusions e examples dautres erpanz en la lei’ [‘used to adjudicating people out of their own heads by abuses and precedents of others erring in the law…’] (SJ, p. 1). It is as though there is a conspiracy, however unwitting, among the justices of the realm to justify their decisions on the basis of utterly arbitrary standards that they have collectively and historically cobbled together for wholly corrupt reasons. The Speculum justiciariorum is replete with examples of the degeneracy of the judiciary. Sheer bribery is perhaps primary among these cases. Judges ‘fu juree qil ne verroit, venderoit, ne delaiereit droit ne bref remedial … miens ne li voloit grauntier qe pur demi marc’ [‘sworn not to deny, sell or delay justice or remedial writ to any plaintiff … would not grant it to him for less than a half-mark’] (SJ, p. 61). Or perhaps they have usurped jurisdictional authority that had not actually been conferred upon them by the king (SJ, p. 62). In some instances, justices are incompetent and devoid of training in the law requisite for the satisfactory exercise of their position, as previously noted (SJ, pp. 1–2). At other times, it is merely a matter of indifference or indolence, so that an ‘abuse’ occurs when ‘dreit prent ore delai en la court le Roi’ [‘right is longer delayed in the king’s court…’] (SJ, p. 156). The consequences of the judiciary’s failure to perform its job evenhandedly are myriad: Men are unlawfully imprisoned (SJ, p. 172), they are freed on bail before they have been properly charged for serious (‘mortal’) crimes (SJ, pp. 52–53), and they

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are outlawed before they have been granted a full hearing of their peers (SJ, p. 157). The main body of the Speculum justiciariorum contains technical discussion of the legal precepts to which the author expects magistrates to adhere. One of the most intriguing aspects is the strong insistence that judges must take care that the status of villain not be confused with that of servi (SJ, p. 162). The author terms such unscrupulous and/or incompetent adjudicators ‘false judges’ who offend not only against the king and community of the realm but also God Himself. Why? Because they receive their authority from the prince, who is God’s servant, and so indirectly discharge their duties in His name. Once discovered, the punishment of false judges must be considerable. First of all, they are to make restitution to those who they have injured. Thereafter, all of their own property is forfeited to the crown. Finally: Sunt trebuchables al foer del faus Lucifer si bas qe jammes ne relevent, e des cors sunt penables ou exillables a la voluntie le Roi; e de mortel jugement faus sunt il pendables al foer dautres homicides, e pur mahaim mahaim, pur plaie plaie, o pur enprisonement enprisonment, tieus pur tieus … [They should be cast down, after the likeness of the false Lucifer, so low that they should never rise again, and that their bodies should be punishable and exilable at the king’s will and that for a false mortal judgement they should be hanged like other homicides, and mayhem for mayhem, wound for wound, imprisonment for imprisonment …] (SJ, p. 143).

The ultimate penalty that corrupt magistrates must suffer is like for like. False judges are included by the Speculum justiciariorum among the ‘infamous’, along with perjurers, usurers, slanderers, grave robbers, and numerous others who commit egregious acts, all of whom are subject to corporeal punishment (SJ, pp. 134–135). Perhaps the greatest abuse that justices can commit is to surrender their independence in matters pertaining to the crown itself. The fact that judges hold their jurisdiction from the king does not mean that they must kowtow to him in all matters, especially when an action involves him as a party. It is forbidden that anyone should serve as adjudicator in his own case. Rather, ‘qe dreit jugement ne se poet fere demiens de iij persones, de juge, de auctour e de defendour’ [‘there can be no lawful judgement without three persons—judge, plaintiff and defendant’] (SJ, p. 43). Since the magistrate’s authority, as we have just seen, stems from his appointment by

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the king, he may not rightfully hear a case to which the king is party, any more than if the king himself were to do so: ‘Le Roi ne poez par li ne par ses justices les causes terminer, ne les jugemenz pronuncier ou li roi est actour’ [‘The king cannot hear and determine such causes or give judgement in them by himself, nor by his judges, because the king is plaintiff’] (SJ, p. 132). Likewise, ‘Abusion est de soffrir qe juges soient actours pur le Roi’ [‘It is an abuse to suffer judges to be plaintiffs for the king’] (SJ, p. 161). So, if royal justices cannot have a hand in suits involving the king, does that place him above the law after all? According to the Speculum justiciariorum, the one institution in which the power resides to pass binding judgement on alleged royal breaches of the law is Parliament. E tut seit qe le Roi ne deit aver nul pier en sa terre, pur ceo neqedent qe le Roi de son tort sil pecche vers ascun de son poeple ne nul de ces commissaires ne poet estre juge e partie, convenist par droit qe li Roi ust compaignouns pur oir e terminer as parlementz trestuz les brefs e les pleintes de torz le Roi, de la Reyne, e de lur enfanz, e de lur especiaus, de qi torz len ne poet aver autrement comun dreit. [Although the king should have no peer in his land, nevertheless in order that if the king by his fault should sin against any of his people, in which case neither he nor his commissioners could be judge (he being also a party), it was agreed as law that the king should have companions to hear and determine in the parliaments all the writs and plaints concerning wrongs done by the king, the queen, their children, and their familiars, for which wrongs one could not otherwise have obtained common right] (SJ, p. 7).

The Speculum justiciariorum considers that ‘abusion est qe nul ne ad recoverer del tort le Roi ou de la Roine si non a la voluntie le Roi’ [‘It is an abuse that no one has any recovery against the king or queen for a wrong except at the will of the king’] (SJ, p. 175). Since a judge merely channels and applies the power with which he is endowed, no member of the royal bench may rightfully participate in rendering judgements when his master is involved. Now, this does not mean that the king has no recourse to self-defense. He may retain independent ‘pleaders’, so long as they are not his officers, in order to state his case before parliament (SJ, p. 47). The other category of abuse pertains to the law itself. This may be understood in two ways. The first, and most obvious, of them stems from willful or incompetent misconduct on the part of magistrates. The author

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of the Speculum justiciariorum closes his introduction by explaining that his purpose is to draw to the king’s attention how the ‘puis le temps le Roi Arthur usez par seinz usages accordaunce as riules avantdites’ [‘usages that have obtained since the time of King Arthur’] have been shredded by judges, and to request that his majesty ‘procurer a reprendre e confondre les cotidienes abusions de la lei’ [‘procure that the daily abuses of the law may be reproved and brought to naught’] (SJ, p. 3). Everyday practices, such as the procedures for the preparation and distribution of writs, are described as ‘abuse of the law’ (SJ, p. 143), on the grounds that they do not accord with the good customs of the past. The second form of abuse of the law concerns specific statutes of the realm themselves, a topic which takes up well over half of the section ‘De Abusions’. The text surveys many of the major pieces of legislative activity of thirteenth-century England, starting with the legal principles contained in Magna Carta. Interestingly, the Speculum justiciariorum evinces a studied ambivalence toward that document. On the one hand, ‘la lei de ceste reaume fondee sur xl poinz de la grande chartre des fraunchises soit desuse dampnablement par les guiours de la lei e par estatuz pus fetez contraianz a ascuns de ces poinz’ [‘The law of this realm founded on the forty articles of the great charter of liberties is damnably disregarded by the governors of the law and by subsequent statutes, which are contrary to some of these articles’]. The author is working from the 1225 version, as were his contemporaries.8 Yet the terms of Magna Carta are not without imperfection, since the author proposes ‘pur monstrer les defautes des poinz avantditz’ [‘to demonstrate the defects of these articles’] (SJ, p. 175). What follows is a rather idiosyncratic treatment of Magna Carta. Each of its articles is examined according to whether it accords with some independent standard. In some instances, sections of Magna Carta are unilaterally struck down for their defectiveness. Other parts are reinterpreted or extended. And still others are endorsed without further comment. The criteria of evaluation seem to be entirely of the author’s own making. This methodology (if it can be called that) is thereafter applied to the Statutes of Merton (1235), Marlborough (1267), Westminster first and second (1275, 1285), Winchester (1285), and a host of other legislative enactments. They are sometimes critiqued for their lack of conformity with Magna Carta, oftentimes for their contradictory logic or conflicting precedent. Time and again, features of these various statutes are labeled ‘abuses’.

8

See Nederman, ‘The Apparitional Magna Carta’, pp. 116–117.

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Royal precedent and divine authority But who or what exactly do these laws abuse? I propose that, ultimately, the Speculum justiciariorum falls back on two primary victims injured by abusive legislation: royally established precedent and scripture. Throughout the text, the author refers to these factors as the foundations of human law. Widely recognized is the treatise’s attempt to ground law in a tradition attributed to Anglo-Saxon kings, a conceit that is patently imaginary and is at least partially responsible for driving commentators to dismiss the whole of the project as a failure of immense and abject proportions.9 Less often noted is that the Norman King Henry I is repeatedly cited for his contributions to the legal precepts and practices that governed England. Henry was, of course, reputedly ‘The Lion of Justice’ on account of the reforms he introduced into royal administration, many of which he (like the author of the Speculum justiciariorum) cloaked in the legitimacy of Anglo-Saxon law codes.10 The text does not, however, associate Henry with his pre-Conquest predecessors, but instead acknowledges the king’s determinations as entirely of his own effort. Inter alia, Henry receives credit for protecting from imprisonment people who were simply victims of slander and gossip without proper indictment (SJ, p. 59). He eliminated the practice that stripped defendants of their goods before a legal proceeding occurred (SJ, p. 126). He mitigated the punishment of persons who made serious accusations such as homicide that were unproven, replacing death sentences with lesser corporeal remedies (SJ, p. 136). Henry even improved upon his Anglo-Saxon predecessor Knut in the treatment of mainpernors (who guarantee that someone will appear in court) when the party for whom they vouched does not appear in court. According to the Speculum justiciariorum, Henry’s policy was far more sensible than Knut’s (SJ, p. 136). In general, the impression left by these passages is that Henry I adopted an even-handed approach to the law worthy of admiration and imitation.11 Logically, one must conclude that when the procedural and substantive alterations and clarifications in legal practices introduced by twelfth- and thirteenth-century kings of England were abused by judges, those rulers were as greatly defamed as were pre-Conquest princes whom they succeeded. 9 Seipp, ‘The Mirror of Justices’, pp. 85–88 offers an extensive (and more than a little humorous) survey of reactions to the text on the heels of the publication of the Whittaker edition in 1895. 10 See Green, The Government of England, pp. 95–117. 11 There are also laudatory references to Henry II and Henry III. Indeed, the author sometimes misattributes to Henry I policies that in fact were undertaken by Henry II.

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We have already observed a fundamental religious dimension to the Speculum justiciariorum, which is not hidden from the reader from its first pages onward. It needs to be emphasized, however, that the role God plays is not confined to His authority over kings. The second paragraph of the Prologue is unambiguous: ‘Lei nest autre chose qe riules donees par nos seinz predecessors en seinte escripture por sauver almes de dampnacion perpetuele’ [‘Law is nothing else than the rules laid down for the salvation of souls from everlasting damnation’] (SJ, p. 2). Not to put too fine a point on it, the foundation for all human law is divine law.12 The expression of divine law, in turn, is to be found in ‘Holy Writ’ or the scriptures, which God gifted to humanity as its guide for living well. It is up to the king to ensure that these statutes from the Lord are observed and that the Church and its canons are protected. This is the gist of the first two chapters of Book 1. In turn, responsibility for achieving this goal rests with those who are charged with adjudication: ‘Li saver qe de Dieu vient nen est mie a juger la gent a la volee par similitudes e examples nient canonizes, eins est amour de pees, de chastetie, dattemprure, damiable amonestement de merci e des bones oeuvres’ [‘The knowledge and wisdom that comes from God is to judge the people, not at will by analogies and precedents that are not canonized, but by love of peace and chastity and temperance, and by friendly admonition toward mercy and good works’] (SJ, p. 6). The Speculum justiciariorum repeats essentially the same point in Book 4, Chapter 1: ‘La flur e la necessaire de lei depent en seint jugement, sanz quel lei ne poet prendre effect ne due fin’ [‘The flower and essence of the law are to be found in holy judgement, without which the law cannot take effect or attain its due end’] (SJ, p. 121). Law itself has no value if there is no enforcement of it. That is the essence of the power assigned to judges. To the extent that they fail to discharge this duty, they affront God, from whom law ultimately derives. 12 Interestingly, the term ‘divine law’ itself is invoked only once in the treatise, in order to explain servitude: ‘E tut soit qe totes creatures diussent estre franches solom lei de nature, par constitution neqedent e fet de hommes sunt genz e autres creatures enserves, sicom est de bestes en parcs, pesson en servours, e doiseax en cagez … E issi sunt genz serfs par devine lei e par droit de homme acceptie e par droit del canon conferme’ [‘Albeit that all creatures should be free by the law of nature, nevertheless … human beings and other creatures may be enslaved, as is the case with beasts in parks, fishes in stew-ponds, and birds in cages. … thus are men serfs by divine law, and this is accepted by human law and confirmed by canon law’] (SJ, p. 77). The Speculum justiciariorum’s extensive discussion of the legal consequences of the distinction between serf and villein is especially fascinating in its unqualified condemnation of lords who attempt to use the law in order to transfer free men into the condition of serfdom (SJ, pp. 76–81).

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Conclusion We may well wonder about the source of the word ‘abuse’ as deployed by the author of the Speculum justiciariorum. The scholar who has worked on the text most recently, Jennifer Jahner, suggested to me that one might consider a direct Latin derivation. Psalms 30. 19 (in the Vulgate) reads, ‘Let the lying lips be muted which speak iniquitously against the just pridefully (in superbia), and abusively (in abusione)’ (my translation). In Middle English, according to the OED, the classical idea of abuse as connoting the misuse of language both literally and rhetorically had some purchase, but is not recorded until well after the thirteenth century. I can locate no evidence that a comparable equation of abuse with warped linguistic expression was present in Anglo-Norman.13 Professor Jahner even speculated that the Speculum justiciariorum author might have encountered the DDAS, given its unquestionably wide dissemination. It certainly seems more than coincidental that the two writings display such an obsession with ‘abuse’.14 Alternatively, many other sources might have served as conduits for the conception of abuse in a more overtly political and legal sense, such as John of Wales’s Communiloquium, which draws on DDAS and deals with several key themes found in the Speculum justiciariorum as well.15 Nor ought we to ignore the implication that the invocation of ‘abuse’ suggests adoption of a critical perspective. One might complain that the DDAS reflects nothing more than a normative reaffirmation of the status quo of social positions and roles. Likewise, the Speculum justiciariorum has stood accused of adopting a ‘reactionary’ stance on account of its infatuation with pre-Conquest laws and institutions (however fanciful). But in each case more modern readers have disputed the charge that the texts represent 13 Anglo-Norman Dictionary (AND2 Online Edition), under ‘abusion’, accessed 27 February 2022, https://anglo-norman.net/entry/abusion. Constant Mews has noted in personal email correspondence (19 January 2022) that a connection with the classical Latin sense of ‘abusive expression’ may be echoed in the earliest adverbial use of ‘en abusion’ noted here, but all other examples given are abuses of practice or of law. 14 Personal email correspondence, 16 March 2021. 15 Kathleen Neal has drawn my attention to parallels between certain of SJ’s themes and those found in John’s text, including a section of the latter dedicated to the proper behaviour and pastoral admonition of judges and another on advocates at law. She points out that since John relied heavily on DDAS, and his work was widely copied, perhaps he should be counted among the sources of SJ’s concept of ‘abuse’, a term that is used in the Communilloquium twenty-eight times, by her estimate. This suggests a topic worthy of further investigation, not least because it might help to situate the education of the author of SJ and hence his identity. See chap. 7 in this volume.

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merely regressive viewpoints. The chapters in the present volume lay out the brief for the multifaceted character of the DDAS that challenges the attempt to place it in a retrograde frame. Likewise, recent scholars of the Speculum justiciariorum have vindicated it from its retrogressive reputation. For Seipp it was a work designed to advocate reform, while for Jahner it represents a critique that has much in common with the widespread complaint poetry of thirteenth- and fourteenth-century England (at least some of which was composed in Anglo-Norman).16 While the imputation of ‘abuse’ to persons and institutions need not always entail transformational criticism, the appeal to such terminology certainly warrants consideration of the very real possibility that its advocates are looking toward progress rather than regress.

Bibliography Primary sources Anonymous, The Mirror of Justices, ed. by W. J. Whittaker (London: Quaritch for the Selden Society, 1895).

Secondary sources Green, Judith, The Government of England under Henry I (Cambridge: Cambridge University Press, 1986). Jahner, Jennifer, ‘The Mirror of Justices and the Arts of Archival Invention’, Viator, 45 (2014), 221–246. Keen, Maurice, England in the Later Middle Ages (London: Methuen, 1973). Nederman, Cary J., ‘The Apparitional Magna Carta in the Long Fourteenth Century’, Fourteenth Century England, 11 (2019), 129–148. Nederman, Cary J., ‘The Mirror Crack’d: The Speculum Principum as Political and Social Criticism in the Late Middle Ages’, The European Legacy: Toward New Paradigms, 3 (1998), 18–38. Prestwich, Michael, Edward I (New Haven: Yale University Press, 1997). Prestwich, Michael, The Three Edwards: War and State in England, 1272–1377 (London: Weidenfeld and Nicolson, 1980). Prestwich, Michael, War, Politics and Finance under Edward I (London: Faber and Faber, 1972). 16 Seipp, ‘The Mirror of Justices’, p. 112; Jahner, ‘The Mirror of Justices’, p. 240.

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Pronay, Nicholas and John Taylor, Parliamentary Texts of the Later Middle Ages (Oxford: Clarendon Press, 1980). Reuschlin, H. G., ‘Who Wrote the Mirror of Justices?’, Law Quarterly Review, 58 (1942), 265–279. Seipp, David J., ‘The Mirror of Justices’, in Learning the Law: Teaching and the Transmission of Law in England 1150–1900, ed. by Jonathan A. Bush and Alain Wijffels (London: Hambledon, 1999), pp. 85–102. Sturdy, David J., ‘“Continuity” versus “Change”: Historians and English Coronations of the Medieval and Early Periods’, in Coronations: Medieval and Early Modern Monarchic Ritual, ed. by Janos Bak (Berkeley: University of California Press, 1990), pp. 228–245. Tucker, E. F. J., ‘The Mirror of Justices: Its Authorship and Preoccupations’, Irish Jurist, 9 (1974), 99–109.

About the author Cary J. Nederman is professor of political science at Texas A&M University. His latest books are Thomas Becket: An Intimate Portrait (Paulist Press) and The Bonds of Humanity: Cicero’s Legacies in European Social and Political Thought, c.1100-c.1550 (Pennsylvania State University Press). He is currently completing a monograph on Machiavelli’s early writings.

9

Addressing Abuses and Injustice in the Court of Philip the Fair The De informatione principum of Durand of Champagne Rina Lahav

Abstract The De informatione principum, written for the future Louis X (r. 1314–1316), the eldest son of Philip the Fair and Jeanne of Navarre, gives instruction on the principles of just government through reflecting on Jeremiah (23. 5): A king shall reign and shall be wise and shall execute judgement and justice in the earth. I argue that this (as yet unedited) treatise was written by the Franciscan confessor to Jeanne of Navarre, Durand of Champagne, author of the Speculum dominarum. The verse of Jeremiah establishes the need for a king to identify and fix manifold injustices in the court and society. I argue that these injustices reformulate those identified in the Twelve Abuses of the Age within the very different context of the French royal court. Keywords: France, kingship, Philip IV, Durand of Champagne, injustice, royal court.

‘The king will reign and he will deliver judgement and justice on earth.’ This bold prophecy of Jeremiah 23. 5 (et regnabit rex et sapiens erit et faciet iudicium et iustitiam in terra) provides a guiding theme for the De informatione principum [DIP]. The Latin text of this treatise, written to instruct the future Louis X of France (1289–1316; r. 1314–1316), son of Jeanne of Navarre (1273–1305; r. 1285–1305) and Philip IV of France (1268–1314; r. 1285–1314), survives in a dozen manuscripts.1 DIP attracted brief attention 1 For a preliminary listing of MSS of DIP, see Mews and Lahav, ‘Wisdom and Justice’, p. 195, identifying two recensions of DIP, one with a version of the prologue addressed specif ically

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch09

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from Léopold Delisle in the nineteenth century, who thought that it might have been composed by a Dominican friar on the evidence of a rubric in a fifteenth-century copy of the translation, but he did not study its arguments in detail.2 In fact, DIP shares so many themes and passages in common with the Speculum dominarum composed by Durand of Champagne, Franciscan confessor to Jeanne de Navarre, that, as will be argued here, there are good grounds for attributing both works to the same author.3 The treatise about the education of a prince is not just an exhortation to virtue in the model of earlier ‘Mirrors of Princes’, but an exposition of abuses that its author sees as prevailing in the royal court. This study surveys the tradition of such writing prior to DIP in order to examine how it fits into an ever-evolving tradition, comparing it in particular to that of Vincent of Beauvais on the moral education of a prince. It argues that Durand, a Franciscan confessor attached to the court, draws on the precedent of John of Wales, in combining the intense biblicism of the treatise on the twelve abuses of the age with the Ciceronian and Senecan traditions of John of Salisbury’s Policraticus.

Mirrors of Princes prior to the De informatione principum The De informatione principum drew on a long tradition of writing about the duties of kings. 4 In the twelfth century, perhaps the most original treatise to the young Prince Louis, the other with a more general form of address, but not mentioning Louis. The best witness to this latter version is Leiden, Universiteitsbibliotheek, Vossius Lat. Q 82, fols 1r–111v (s. xv 1). Other copies of this recension include Cambridge, Corpus Christi College, MS 412, fols 1r–77ra (s. xivex); London, BL, MSS Royal 12 B XVIII, fols 2r–199r (s. xv) and Royal 12 D XV, fols 23r–157r (s. xv); Paris, Bibl de l’Institut, MS 608 (s. xv); Rouen, BM, MS 938 (s. xv); Vatican, BAV, MS Reg. Lat. 1340 (s. xv); Vienna, ÖNB, lat. 5362, fols 1r–141v. The version with the prologue addressed to the young prince Louis survives in four MSS, all in Paris and s. xv:, BnF, MSS lat. 6698, 6698A, 6780, 16622. 2 Delisle, ‘Anonyme, Auteur du Liber de Informatione Principum’. He argued this from an illustration of a Dominican friar in Paris, BnF, fr. 1210 (s. xv in), and two rubrics (fol. 1r) ‘Cy commence le livre de l’informacion des roys et des princes, fait et conpilé par ung maistre en theologie de l’ordre saint Dominique’ and (fol. 170rb) ‘Cy fine le quart livre et le dernier de ceste presente euvre, intitulé l’Introducion des roys et des princes, composee par ung excellent docteur de theologie, de lordre saint Dominique. Ce liure est au duc de Berry.’ There is a similar image of a Dominican friar, without the image of a Franciscan on the rear left, in Paris, BnF, fr. 9629, fols 1r–41v (s. xv in). 3 Durand de Champagne, Speculum dominarum. Arguments for Durand’s authorship of DIP were put forward by Mews and Lahav, ‘Wisdom and Justice’ (n. 1 above); on the treatise see also Lahav, ‘A Mirror of Queenship’. 4 For a good survey of the genre (without attention to DIP) see Bejczy and Nederman, eds, Princely Virtues.

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about kingship had been John of Salisbury’s Policraticus, also known as the De nugis curialium (‘On the Trifles of Courtiers’).5 In its fifth book, John provides our only known witness to an otherwise unknown classical text, purportedly written by Plutarch for the emperor Trajan, comparing the republic (res publica) to a body, of which the princeps was its head.6 DIP continued the practice, which went back to Augustine, of referring to any kind of polity as a res publica, whether or not it was governed by a king.7 John’s treatise, however, is more of a highly personal synthesis of ethical wisdom drawn from scripture and ancient authors, above all Cicero, than a systematic treatise on government. Another treatise on kingship was the De principis instructione, composed by Gerald of Wales between the early 1190s and 1217. This collection of historical anecdotes never circulated widely, however, and offers no systematic discussion of the tasks of a ruler.8 Neither John nor Gerald show any familiarity in their writing with the De XII abusiuis saeculi [DDAS] and its definition of the justice of a king, even though it had been much cited in the Carolingian period. One of the first examples of a more structured treatise on kingship was the De morali principis instructione, composed by Vincent of Beauvais (c. 1190–1264) for Louis IX in the late 1250s or early 1260s, but never completed.9 This relatively short work begins with John of Salisbury’s definition of the res publica as a body, justified by the authority of both St Paul and PseudoPlutarch’s Institutio Trajani.10 Vincent’s emphasis is on kingship as bestowed by God and requiring the king to excel in wisdom and goodness . It contains only brief mention of the importance of choosing wise counsellors, and concludes with warnings about false adulation and the vice of credulity.11 Most of Vincent’s authorities are from scripture and the Church Fathers. 5 John of Salisbury, Policraticus, ed. Webb, 2 vols; only bks 1–4 are edited by Keats-Rohan, CCCM, 118. There is a translation by Nederman, Policraticus: Of the Frivolities of Courtiers and the Footprints of Philosophers. 6 Policraticus, 5.1–2, pp. 281–283; see the short study by Momigliano (with a response by Hans Liebeschütz ‘Notes on Petrarch, John of Salisbury and the Institutio Traiani’. 7 On the multitude of ways in which the res publica could be imagined in medieval and later periods, see Nederman, ‘Rhetoric, Reason, and Republic’. 8 Gerald of Wales, De instructione prinicipis, a text that survives in a single manuscript; see Bartlett, Gerald of Wales pp. 69–70, 219–220. 9 Vincent, De morali principis institutione,; trans. Throop, The Moral Instruction of a Prince, along with a translation of DDAS. On its diffusion, see Schneider and Rouse, ‘The Medieval Circulation of the De morali principis institutione’. 10 Vincent, De morali principis institutione, 1, pp. 7–8. The text of the Institutio Traiani is known only through John of Salisbury, Policraticus, 5.1, p. 281. 11 Vincent, De morali principis institutione, 3, , p. 18.

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Thus he quotes the observation of Gregory the Great in his Moralia on Job, that ‘all human beings are equal by nature, but guilt places some after others by varying order of merits’.12 Vincent invokes the authority of Seneca (‘the second philosopher’) to define his understanding of iustitia, but makes only a single reference to Aristotle, cited for a brief comment about prudence in his Topics.13 Yet he refers on three occasions to DDAS (attributing it to Cyprian), notably for its definition of the justice of the king as not punishing anyone unjustly and his need to be ‘the corrector’ of the wicked:14 A prince ought to excel those whom he governs not only in power and wisdom but also in goodness. Just as it is written in i Kings [= i Sam.] 9. 2: And there was not among the children of Israel a goodlier person than he. It is also prescribed to the king’s body, where it is added that From his shoulders and upward he appeared above all the people. And in the same book Samuel said: Surely you see him whom the Lord hath chosen, that there is none like him among all the people [i Sam. 10. 24]. … Aristotle in Topics also says that a wise man chooses more and better and should be chosen. … About this election it is also written in Psalms: I have exalted one chosen out of my people [Ps. 88. 20] and He chose his servant David, etc. [Ps. 77. 70–72] … Here we understand goodness in its wider sense, as far as it embraces all virtues which ought to be in a prince … Justice is also a general virtue which encompasses all virtues which adorn a prince’s life. The blessed martyr Cyprian says in the book On the Twelve Abuses of the Age: ‘A king’s justice is to oppress no one unfairly …’15 12 Vincent, De morali principis institutione, 3, p. 17: ‘Vnde Gregorius in Pastorali: Omnes homines natura equales genuit, sed uariante meritorum ordine alios aliis culpa postposuit.’ Gregory, Regula pastoralis, 2.6, line 8, ii, p. 202, refers back to his Moralia in Job, 21.15, p. 1082. 13 Vincent, De morali principis institutione, 18, ed. Schneider, pp. 91–92: ‘Hinc eciam dicit Aristoteles in Topicis quia quod magis eligit prudens id melius est et magis eligendum.’ He is citing Aristotle, Topica, 3.1 (116a), ed. Minio-Paluello, p. 50. 14 Vincent, De morali principis institutione, 10 and 18 [DDAS, 6, 9], ed. Schneider, pp. 56 and 94. 15 Vincent, De morali principis institutione, 18, p. 91: ‘Preterea debet princeps illos excellere quos habet regere non tantum potencia et sapiencia sed eciam bonitate, sicut legitur de Saule, I Regum IX, quod non erat uir de filiis Israel melior illo. Et hoc eciam designabat corporis eius statura. Vnde ibi subiungitur quod ab humero et sursum eminebat super omnem populum. Et eodem, libro X: Ecce, inquit Samuel, uidetis quem elegit dominus, quia non sit ei similis in omni populo. Hoc igitur in Deuteronomii XVII designatur, in hoc quod dicitur ut ille quem elegerit dominus in regno constituitur. Nam quisquis de pluribus recte ac prudenter eligere nouit semper quod melius est eligit … Hinc eciam dicit Aristoteles in Topicis quia quod magis eligit prudens id melius est et magis eligendum. De hac iterum electione dicitur in psalmo: Exaltaui electum de plebe mea. Et alibi: Elegit Dauid seruum suum etc., … Hic autem accipimus bonitatem large, prout omnes uirtutes conplectitur que debent esse in principe. … Sic enim et iusticia uirtus est

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Vincent establishes a pattern followed by the De informatione principum of showing how the testimony of pagan authors could complement the scripturally inspired teaching of DDAS. His major expertise, however, was not in preaching about ethical behaviour, but in martialling information about the world. Vincent had previously referred to DDAS as a work of Cyprian in both his Speculum historiale, started in the 1240s, and his Speculum doctrinale.16 Vincent’s failure to produce his promised Speculum morale created a gap that various Franciscan authors sought to rectify, in the same way as his failure to complete the De morali principis institutione prompted Franciscan authors to provide their own response. More detailed than Vincent’s treatise on the education of a prince was the Eruditio regum et principum, composed by Guibert of Tournai (c. 1210–1284/1288) in 1259, just as he began a three-year term as regent master of theology in Paris.17 Like the Oxford trained John of Wales (a Franciscan teaching in Paris from around 1270), Guibert gave particular attention to a fictional exchange between Aristotle and Alexander known as the Secretum secretorum, translated from the Arabic by Philip of Tripoli in the 1230s.18 Vincent had cited this exchange in his Speculum doctrinale, but not in his manual of kingship for Louis IX. This exchange, about health and cosmology as much as about government, was of particular interest to Roger Bacon, who first cited it around 1266/1267 and then produced an annotated edition of the work in the 1270s, after returning to Oxford.19 Guibert structured his Eruditio regum et principum in the form of three letters to the king: the first about reverence and love of God, the second about the discipline of those generalis, que omnes uirtutes circuit pertinentes ad ornatum uite principis, de qua sic loquitur beatus Cyprianus martyr in libro De XII abusionibus seculi: “Iusticia, inquit, regis est neminem iniuste per potenciam opprimere, sine accepcione personarum …”.’ 16 On Vincent’s plan to include such a Speculum morale within the Speculum maius, see his preface, edited by Von den Brincken, ‘Geschichtesbetrachtung beiun Vincenz von Beauvais’, with an edition of his preface on pp. 465–499, esp. p. 480: ‘tertia vero totam eruditionem moralem’. Vincent refers to DDAS in Speculum historiale, 12.62–63, and Speculum doctrinale, 2.36 and 17.44 (cols 104 and 1579). These texts are also digitally accessible through the website sourceencyme. irht.cnrs.fr. 17 Guibert of Tournai, Eruditio regum et principum, p. 3; the date of 1259 is given at its close, p. 91. 18 Vincent cited the exchange in his Speculum doctrinale, 4.42, 4.92, 4.130, 5.63, 11.107, 15.609, in Speculum maius, 4, cols 325, 374, 440, 1055, 1421. On its influence, see Ryan and Schmitt, eds, Pseudo-Aristotle, and Williams, The Secret of Secrets. 19 Bacon’s edition of the Secretum is in Opera hactenus inedita Rogeri Baconis, fasc. 5; see also Williams, ‘Roger Bacon and his Edition’. Williams rejects the argument that Bacon came to know the Secretum in the 1250s, arguing that he does not mention it before the Opus maius, 6.2 and 6.3, ii, pp. 204 and 215.

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in positions of authority, the third about the disposition and protection of subjects. While Guibert does not make explicit reference to DDAS, he does silently reproduce its definition of disciplina as ‘the ordered correction of behaviour’ as well as its observation that ‘a people without law who does not keep the due edicts of the price [and] who despises the teaching of laws… incurs the snare of perdition’.20 The DDAS had already been mentioned as a work of Augustine in the Summa fratris Alexandri, composed in the Franciscan studium in Paris under the supervision of Alexander of Hales prior to his death in 1245.21 The Dominican William Peraldus (c. 1190–1271) composed his De eruditione principum c. 1265, perhaps in response to Guibert’s treatise. He gave greater attention than Guibert to patristic testimony, above all to Augustine, Jerome, and Gregory the Great.22 He repeats Vincent in quoting Gregory the Great on all human beings as equal by nature, without Gregory’s rider that culpa inevitably creates a hierarchy in society. He then summarizes Gregory’s argument that human beings are not placed by nature over others, only over non-rational creatures.23 Like Vincent, Peraldus quotes from DDAS (again attributing it to Cyprian) for its definition of the iustitia of a king as not oppressing others, and also for its definition of discipline as the ordered correction of behaviour (also cited by Guibert of Tournai).24 Unlike Guibert, however, Peraldus has little to say about the DIP and the Communiloquium of John of Wales. The author of the De informatione principum was also influenced by the Communiloquium of John of Wales (c. 1220–1285), a manual for preachers, concerned not just with kings, but all members of the body politic. John was an Oxford-based Franciscan, who came to Paris c. 1270, becoming regent master in theology 1281–1283.25 Unlike Parisian educated masters, John of Wales does not seem to have written a commentary on Peter Lombard’s Sentences, but had proved his competence by commenting on scripture (in particular on Ecclesiastes, John’s Gospel and the Book 20 Eruditio regum et principum, 2.6, p. 51: ‘Est enim disciplina morum ordinata correctio, et debita regularum legis obseruatio. Populus uero sine lege est qui debita edicta principum non custodit, qui legum scita contempnit, et ideo per diuersas errorum et abusionis morum orbitas laqueum perditionis incurrit.’ 21 Summa fratris Alexandri, II.2 inq. 3 tract. 2, q. 3.2.3 no. 420, p. 422, quoting DDAS, 7, ed. Hellmann, p. 48: ‘Christianus nemo recte dicitur nisi Christi moribus coaequetur’. 22 Peraldus, De eruditione principum, 1.1–1.12, pp. 391–402. 23 Peraldus, De eruditione principum, 1.1, p. 391, summarizing Gregory the Great, Moralia in Job, 21.15, p. 1082. 24 Peraldus, De eruditione principum, 2.13, p. 414 and 5.14, p. 435. 25 On John of Wales, see Neal, chap. 7, in this volume, as well as Swanson, John of Wales, pp. 4–14.

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of Revelation).26 He had previously written a Breuiloquium de uirtutibus antiquorum principum et philosophorum, drawing on both scriptural and classical authorities, later supplementing this with a Breuiloquium de sapientia sanctorum. In the Communiloquium, however, he provides an encyclopedia of arguments to help preachers address a wide range of groups of society. He draws not just on scripture and the Church Fathers, but on classical authors, above all Seneca and Cicero, with particular attention to the many exempla provided by Valerius Maximus and John of Salisbury in his Policraticus.27 He seems to have called the initial version of the treatise, his Summa collationum.28 He introduces a longer version of this work as his Communiloquium sive summa collectionum. The fact that here John no longer attributes DDAS to Augustine, as in the earlier version, suggests that he might have deliberately decided to avoid identifying its author after he went to Paris.29 Albert the Great and Thomas Aquinas had become increasingly critical in the 1250s and 1260s about the attribution to Augustine of the De spiritu et anima, accepted by Franciscan authors, from Alexander of Hales to Pecham, and consequently of its authority.30 DIP shares the tendency of John of Wales to be more interested in ethical than doctrinal questions. In the Communiloquium, John cites Aristotle with particular attention to his purported exchange with Alexander, but not as often as he cites both Seneca and Cicero. In this respect, the 26 In addition to the exegetical texts of John of Wales (John Waleys) listed by Sharpe in Handlist, pp. 337–40, Boureau, ‘L’Exégèse de Jean de Galles’ adds a widely diffused, but never printed commentary on Ecclesiastes (preserved in many manuscripts, including Paris, Bibl. Mazarine, MS 233, fols 1r–196v). 27 Lachaud, ‘De la Satire politique au “miroir”’; Toste, ‘The Restitution to John of Wales’ . 28 The earlier version seems to have been that printed by Ulrich Zell in Cologne (c. 1470–1472) and then in Cologne 1472 by Arnold Ther Hoenen. The Zell edition is accessible through a digital copy at tu-darmstadt.de. The Zell printing has certain mistakes corrected in that of Ther Hoenen, according to Scholderer, ‘The early editions of Johannes Vallensis’. 29 A second fuller version was first printed in Augsburg by Anton Sorg, 1475, reprinted several times, including; Ulm [Johann Zainer] 1481; Strasbourg [G. Husner] 1489; and Venice [Georgius Arravabenus] 1496 (with a long preliminary index), and reprinted in Lyon 1511. The Augsburg 1475 copy is available at https://www.digitale-sammlungen.de/en/view/bsb00043211, of which we are grateful to Chris Nighman for a transcription. The combined title commonly used in catalogues (Communiloquium siue summa collationum Johannis Gallensis) conflates two distinct editions. Swanson identifies 144 MSS of the Communiloquium in John of Wales, pp. 229–89. DDAS is cited (without identification of an author) in Communiloquium, I.d1.3 (DDAS, 12); I.d3.12 (DDAS, 6, 9); III.d1.3 (DDAS, 5); III.d2.3 (DDAS, 3); III.d2.6 (DDAS, 2); III.d4.1 (DDAS, 4); IV.d5.4 (DDAS, 10); see Neal, n. 25 above. 30 On this debate see Théry, ‘L’authenticité du “De spiritu et anima”’. For more recent discussion, see Mews, ‘Remembering St. Thomas’ and ‘The Diffusion of the De spiritu et anima’.

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Communiloquium offers a similar range of authorities as the DIP (including DDAS), although with greater weight to patristic testimony. In his Compendiloquium de uitis illustrium philosophorum et de dictis eorundem, likely produced in Paris, John expanded on his interest in what philosophers (above all Seneca and Cicero) had to say about wisdom, and its relationship to different disciplines, expanding on a theme already covered in Bonaventure’s Breuiloquium.31 DIP is particularly indebted to the Communiloquium for its giving instruction about the formation (de informatione) of various individuals in society, above all the prince. The first part of the Communiloquium deals with ‘the constitution of the republic (respublica) and its limbs, and the instruction and formation of the individuals who are its limbs, individually and on their own, as of the prince who is like the head, and then about others’.32 While previous authors might give passing reference to the respublica, John of Wales imitates Vincent of Beauvais in opening his account with John of Salisbury’s image of the republic as a body. In the second part of his Communiloquium, John focuses on ‘the instruction and formation of those who are within it, in particular of the prince who is its head’.33 Where Guibert and Peraldus had used the term eruditio, John of Wales favours the term informatio, perhaps because of its greater Aristotelian resonance in shaping the prince’s form. John devotes the first three parts of the Communiloquium to layfolk (with his third part about common attributes, such as boyhood, old age, poverty, wealth, etc.), but its fourth, fifth and sixth parts to the informatio of ecclesiastics, scholastics, or philosophizing philosophers, and then religious and monastics. The seventh part concerns preparation of humanity for the life to come.34 31 Many of his writings are still unedited; for a listing see ‘John Waleys’, in Sharpe, Handlist, pp. 337–40. They include many sermons, and Floriloquium siue Compendiloquium printed in Lyons, 1511. 32 Communiloquium, Prol.: ‘Prima pars est de constitutione reipublice et membris suis, et instructione et informatione personarum que sunt membra eius sigilatim et absolute sicut principis qui est ad modum capitis, et sic de aliis.’ 33 Communiloquium, Prol.: ‘Secunda pars est de connexione membrorum predictorum scilicet principis ad subditos et econuerso, et sic de aliis, et de eorum instructione ex personis quibuslibet.’ 34 Communiloquium, Prol. ‘Tercia pars est de ammonitione hominum quantum ad ea que sunt communia omnibus, qualia sunt differentie etatis scilicet puericia, senectus, paupertas, opulentia et sic de aliis. Et hee tres partes sunt specialiter de ammonitione laycorum. Quarta pars est de ammonitione uirorum ecclesiasticorum secundum differentias statuum eorundem et graduum. Quinta pars est de ammonitione scolasticorum siue philosophorum philosophantium. Sexta pars est de ammonitione religiosorum siue monasticorum. Septima pars est de ammonitione omnium et de morte ut sint parati erga mortem et de partibus sibi spectantibus ad illam.’

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Table 8.1: Patristic and Classical Authors in the De informatione principum Ps.-Aristotle Ambrose Aristotle, Ethics Arnold of Liege Augustine Baldwin of Ford Basil Bernard Ps.-Bernard Boethius Bonaventure Solinus Cassiodorus Cicero Claudian Ps.-Cyprian, DDAS Cyprian Ps.-Dionysius Gratian Gregory the Great William Peraldus Henry of Huntingdon Hermann of Werden

2 10 4 2 18 1 1 11 3 1 3 1 4 8 1 2 1 1 1 45 1 1 1

Hugh de Miramar Innocent III John Pecham Isidore of Seville Julianus Pomerius Jacques de Vitry Jerome John of Salisbury John of Wales Macrobius Martin of Braga (Ps.-Seneca) Ovid Vegetius Peter Chrysologus Petrus Alfonsi Peter the Chanter Peter Damian Peter of Blois Sallust Seneca Sidonius Apollinaris Valerius Maximus Vatican Mythographer Vincent of Beauvais

1 3 1 4 4 3 18 19 1 1 15 1 1 2 1 4 1 1 1 102 1 13 1 6

The De informatione principum expands on the opening section of the Communiloquium, namely about the prince, but with much greater attention to the practical administration of justice than any of the preceding treatises. In its emphasis on the ethical teaching of Seneca and Cicero, as also on that of scripture and the Church Fathers, DIP is closer to that of the Communiloquium of John of Wales than other treatises, although with proportionately greater attention to Gregory the Great than Augustine. While raw numbers of the occasions when a particular author is cited can give only a crude indication of their influence (and not all may be accurate), the variation evident in the relative citation of authorities in these various treatises hints at the range of ways in which an argument could be presented. Table 8.1, above, highlights the great role not just of Gregory the Great, but of the writings of Seneca, as well as of the Formula vitae honestae of Martin of Braga, a text always circulated as a work of Seneca, even though it was written by a sixth-century author, steeped in Stoic tradition. Aristotle was far from being the only ethical theorist widely read in the thirteenth century.

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The treatises of Thomas Aquinas, Ptolemy of Lucca, and Giles of Rome The De informatione principum is much closer to the Communiloquium of John of Wales in its respect for both Seneca and Cicero, than to the writings of Thomas Aquinas, Ptolemy of Lucca, and Giles of Rome about rulers. Thomas (1225–1274) applied himself to ethical questions only relatively late in his career, in particular during his second period of teaching in Paris, between late 1268 and spring 1272. During this time he completed his commentary on the Nicomachean Ethics and the two parts of the Secunda pars of his Summa theologiae, one about ethical principles, the other about more practical issues.35 Part of the originality of Thomas’s presentation was that he considered ethics as part of the natural human order, rather than to be discussed after the redemption, as by Peter Lombard in the second book of the Sentences. Unlike Albert the Great (c. 1200–1280), Thomas draws only on authentic works of Aristotle, never referring to the purported exchange between Alexander and Aristotle, presumably because he doubted its authenticity.36 In his relatively brief and unfinished De regimine principum, addressed to the king of Cyprus (c. 1270/73), Thomas drew only on authentic works of Aristotle, including the Politics, of which William of Moerbeke had produced the first translation into Latin in the 1260s.37 That treatise would be completed by his disciple, Ptolemy of Lucca (c. 1236–1327), only around 1300.38 Ptolemy went much further than Thomas Aquinas in the number of his references to authentic works of Aristotle, which significantly outnumber those to works of Seneca and Cicero, as well as those to Augustine. Ptolemy’s understanding of different forms of the res publica was nonetheless still heavily influenced by his understanding of the traditions of ancient Rome, making it difficult to describe his thought as purely Aristotelian.39 35 On the chronology of Thomas’s writings, see Torrell, Saint Thomas, pp. 179–223. There is a large literature on Thomas’s ethical teaching, including Porter, ‘Right Reason’; see also Keenan, ‘Virtues’. 36 Albert cites the Secretum in several works: Albert the Great, De somno et vigilia, I.1.8, ed. Borgnet, ix, p. 134b; De animalibus, I.2.23, 24, 26, VII.2.5, ed. Stadler, pp. 158, 167, 182, 553; Ethics, V.1.4, ed. Borgnet, vii, p. 337; Politics, II.5, III.1, IV.13, ed. Borgnet, viii, pp. 144, 207, 403. 37 Thomas Aquinas, De regno ad regem Cipri, in Opera omnia, xlii. The Latin text is reproduced with French translation by Carron in La Royauté, with discussion of the disputed date, pp. 22–28, favouring that offered by Flüeler, Rezeption und Interpretation, pp. 25–28. There is an English translation by Blythe, On the Governance of Rulers, pp. 60–112. 38 Ptolemy of Lucca, De regimine principum, pp. 280–358; see also the English translation by Blythe (n. 37 above). 39 Nederman and Sullivan, ‘Reading Aristotle through Rome’.

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This strong fusion of biblical and stoic influences in DIP stands in even starker contrast to the heavily Aristotelian emphasis of the De regimine principum of Giles of Rome (c. 1243–1316), an Augustinian friar heavily involved in the 1270s in commenting on many Aristotelian texts. He dedicated this treatise c. 1279/1280 to the young prince Philip (1268–1314), some years before he became king, following the death of Philip III in 1285. 40 The originality of Giles’s treatise is evident from its tripartite structure, based on an Aristotelian model of ethica, oekonomia and politica. The first book begins by discussing the philosophical goal of happiness as a way of discussing the virtues a king should develop and the vices he should avoid. Giles draws on Thomas’s innovative discussion in the Prima secundae of his Summa theologie of the distinction between the passions (or emotions) and the virtues and vices. 41 The second book of Giles’s treatise deals with how a prince should govern his household, namely his wife, sons, daughters, and other ministers, while the third deals with his government of both the city-state (civitas) and the kingdom, in both times of war and of peace. Although Giles does include in his third book chapters about the need for good counsellors and judges, he focuses more on the art of government within the city and the kingdom than on the ideal of justice. It draws little on scripture, and has nothing to say about the relationship of the prince to the Church. 42 After moving back to Italy in 1280 to take up positions of responsibility within the Augustinian Order, Giles came to support the superiority of papal over royal authority in the struggle that pitted Philip IV against Pope Boniface VIII. 43 In his De ecclesiastica potestate in 1302, Giles argues that non-believers cannot own property or exercise lordship ‘except by usurpation and with injustice’. 44 Such views were not accepted by those Franciscans, like Durand of Champagne, who professed loyalty to Philip IV rather than Pope Boniface in 1303. 45 The limitations of Giles’s De regimine principum in respect to its lack of emphasis on scripture may have spurred Durand 40 Giles of Rome, De regimine principum; on its influence see Briggs, Giles of Rome’s De regimine principum, and Perret, Les traductions françaises. For an overview of Giles’s career, see Briggs and Eardley, ‘Life, Works, Legacy’. 41 On Thomas on the passions of the soul, see Miner, Thomas Aquinas. 42 On the De regimine principum within the broader context of his political thought, see Lambertini, ‘Political Thought’, esp. 258–265. 43 Giles of Rome, On Ecclesiastical Power. 44 Giles of Rome, On Ecclesiastical Power, p. 182. 45 Courtenay, ‘The Parisian Franciscan Community in 1303’, mentions Durand among the list of signatories on p. 169.

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of Champagne to create the De informatione principum as a treatise with a greater degree of balance between gentile and Christian testimony about kingship.

The audience of the De informatione principum The prologue of the De informatione principum survives in two recensions, of which the second, preserved in just four Parisian manuscripts, is the more reliable. 46 In this revised recension the work begins not just with the key verse of Jeremiah 23. 5 about a future king ruling with wisdom and delivering judgement and justice, but with extravagant praise for the young prince Louis. It explains why he fits so well into Jeremiah’s prophecy of a future king: If anyone should carefully observe the alert sensibility, the subtle intellect, the tenacious memory, the inclination to the most just good, innate distinction and attractiveness in all behaviour in Louis, the most distinguished young man and excellent prince, f irst begotten of the most powerful lord Philip, by the grace of God most illustrious king of the French, he can truly admit that this proposed Word can truly be put forward about the prince Louis: The king will reign and he will be wise etc. And since the holy prophet, as if pointing him out with his finger, may announce how he is hoped to be the future, and in what way he will act in the government of the kingdom, let the prophet, elegantly preaching this condition, sufficiently and clearly teach that every king and prince, describing him with regard to his state of excellence, his action or practice in governing, his guiding light, and his perfectible end. 47

46 On the MSS, see n. 1 above. 47 DIP, Prol. (P Paris, BnF, lat. 16662, fol. 1r): ‘Si quis in preclarissimo iuuene excellentissimi principis ac domini prepotentie Philippi Dei gratia Francorum regis illustrissimi primogenito, domino uidelicet Ludouicus diligenter attendat uiuacem sensum, subtile ingenium, tenacem memoriam, declivutatem ad bonum iustissimam, preclaritatem indolis et morum omnium uenustatem, luculenter potest admittere, quoniam uere de dicto domino Ludouico possit intelligi Verbum pro positum. Regnabit rex et sapiens erit etc. Et quoniam preclare et signanter propheta sanctus quasi demonstrans cum digito de ipso prenunciet, qualis sperandus sit esse futurus et qualiter in regni regimine se acturus, predicens autem propheta eleganter condiciones ipsius breuiter, sufficienter et clare docet omnem regem et principem, describens eum quantum ad statum excellentie, actum uel usum presidentie, lumen directiuum, f inem completiuum.’

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By contrast, all other manuscripts of DIP begin with what seems to be an earlier, more generalised version of the prologue, to argue that the opening verse of Jeremiah 23. 5 is relevant to all kings and princes: The king will reign with wisdom and will deliver judgement and justice. In the verse put forward, the Lord, foreshadowing through the prophet the Christ to come, describing truly fully the royal eminence with the above example, truly succinctly informs all kings and princes and their people, and demonstrates with brevity of word, who and of what kind he ought to be, and how he might get to rule people subject to him. Since, although Christ, who is the head of all to be saved, is given to us as an example of complete holiness and perfection, yet he is put forward in the aforementioned verse to any king or prince, as the brightest mirror to contemplate and the clearest exemplar to be imitated, as the most beautiful form to whom he ought to be conformed, as the most correct norm to whom he ought to be adapted. Let all kings and princes therefore listen and carefully note that the Lord here touches through the prophets on four things which are to be principally considered in the peak of sublimity and in the established solitude of ruling the republic. 48

Comparison of the two recensions suggests that DIP was originally written without the specif ic dedication to Louis, but then revised to give him particular honour. 49 Following the unexpected death on 2 April 1305 of Queen Jeanne, she was succeeded as ruler of Navarre by Louis, her sixteenyear-old son. On 23 September of that year, Louis married Marguerite

48 DIP, Prol. (L Leiden, Universiteitsbibl. Vossius Lat. Q 82, fol. 1r): ‘In uerbo proposito Dominus per prophetam Christum uenturum, prenuncians eiusque regale fastigium ualde compendiose describens, superius exemplo. Reges omnes et principes eleganter informat ac eorum quilibet qualis esse debeat, et qualiter regere populum sibi subiectum expediat, sub uerborum breuitate demonstrat. Quoniam etsi Christus qui caput est omnium saluandorum, datus est omnibus in totius sanctitatis et perfectionis exemplum specialiter tamen in uerbo premisso, cuilibet regi uel principi preponitur, ut speculum clarissimum ad intuendum ut exemplar euidentissimum ad imitandum, uelut forma pulcherrima cui debeat conformari tanquam norma rectisima cui oporteat adaptari. Audiant igitur omnes reges et principes et uigilanter attendant quod Dominus per prophetam Hic tangit quatuor in sublimitatis culmine et regende rei publice solitudine constituto principaliter attendenda.’ 49 In the more general version of the prologue, the phrase actum vel usum presidencie is shortened in the more specific version to actum presidencie, while the rest of the sentence is changed into a separate sentence, beginning ‘Hic tangit’.

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of Burgundy (c. 1290–1315), his cousin once removed.50 The eulogy of the young prince in the prologue to DIP could have been written for the young king in 1305, perhaps on the occasion of his marriage. Durand of Champagne, once confessor to Jeanne of Navarre, became confessor to the young Marguerite, giving him unprecedented access in advising the young Louis. In April 1314, Marguerite was accused of adultery by her father-inlaw, leading to her imprisonment and (potentially suspicious) death in custody a year later. Nothing more is heard of Durand of Champagne after this time. Following the death of Philip IV on 29 November 1314, Louis inherited the crown of France, taking as his wife Clementia of Hungary, a niece of his uncle, Charles of Valois. Louis died suddenly, while playing tennis, on 5 June 1316.

The Speculum dominarum and the authorship of the De informatione principum Although DIP is described as the work of a Dominican theologian in the opening rubric of one copy of the French translation of the work, there is nothing else in the text that would confirm such a provenance. By contrast, there are many close thematic and textual connections between DIP and the Speculum dominarum, composed by Durand of Champagne, the Franciscan confessor to Jeanne of Navarre. There are also specific references to discussions of wisdom and mercy in a treatise on the four last things (De consideratione nouissimorum), itself an extended meditation on Ecclesiasticus 7. 40 (In omnibus operibus tuis memorare novissima tua et in aeternum non peccabis). This treatise on the four last things would become the second of three parts of the Speculum morale, a massive work of Franciscan origin, compiled in the 1320s, which also reproduced and expanded on many passages in Durand’s Speculum dominarum.51 This raises the possibility that the De consideratione nouissimorum about the four last things (death, judgement, hell and beatitude) was yet another work by Durand or a disciple. The Speculum morale expands on the Speculum dominarum by incorporating significant passages from the Secunda Secundae of Thomas’s Summa, and also other passages of distinctly Franciscan background. 50 For biographical details on Durand, see Mews and Lahav, ‘Wisdom and Justice’, pp. 178–179. 51 For further detail, see Mews and Zahora, ‘Remembering Last Things’. In Flottès-Dubrulle’s edition of the Speculum dominarum, the many passages that are taken over into the Speculum morale are marked with a vertical line in the margin.

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DIP frames its argument around Jeremiah 23. 5 into four parts about the king, wisdom, judgement, and justice in the same way as Durand structured his Speculum dominarum around Proverbs 14. 1: sapiens mulier aedificauit domum suam (‘a wise woman has built her house’). Durand’s treatise for the queen is not as evenly structured as DIP, as the first of its three tracts (about the condition of women), is much longer than the second (about wisdom) and the third (about the house that the queen or any woman should build). Its first tract is itself subdivided into three parts (about women’s nature, the situation of a queen by fortune, and her situation by grace, with discussion of her behaviour, passions of the soul, and virtues). The fourth part of the De informatione principum expands on the same aspects of justice as Durand had outlined in his treatise addressed to the queen, especially his argument that there were four kinds of justice that the king is responsible for instituting, namely commutatiua, uindicatiua, distributiua and retributiua.52 This division expands on what Aristotle had said about justice as both commutative (as in buying and selling) and distributive (as in being proportionate in behaviour), but links it to two other types of justice mentioned by Thomas, namely retributive (in terms of being merited) and vindictive (relating to punishment).53 Durand thus goes a step further than Thomas in explaining the four-fold character of justice.54 The third of the four parts of DIP is largely taken from the second tract of the Speculum dominarum, including discussion of how worldly, animal, and diabolic wisdom differ from wisdom from above.55 Following through the various parts of Jeremiah 23. 5, the first part of DIP, comprising thirty-three chapters, describes the right qualities the king should possess to reign effectively. It concludes with a quotation from the treatise on the twelve abuses (i.e. DDAS), both to indicate what a failure to 52 DIP, 4.23, 24, 29, 30 (L fols, 104r–v, 105r–106r, 110r–v, 110v–111v); Speculum Dominarum [SD], I.3.d4.26–29, ed. Flottes-Dubrulle, pp. 221–25. 53 Aristotle, Ethica, 5.5, 1130a32–33; 4.8, 1124b; 4.11, 1126a. 54 DIP, I.3 d4.22 (De justicia), 23 [De justicia ad Deum], 24 [De justicia ad semetipsum], 25 [De justicia ad rem publicam], 26 [De justicis commutativa], 27 [De justicia vindicatiua], 28 De justicia distributiua], 29 [De justicia retributiua], ed. Flottès-Dubrulle, pp. 217–225; see Thomas Aquinas, Summa theologiae, IIa.IIae q. 61 q. 66, q. 80, q. 85.3. This is expanded in DIP, 3.20–30 (L fols 93v–94r): 20 [quod iusticia summe sit necessaria principibus], 21 [De iusticia debita Deo], 22 [De iusticia in semetipsum], 23 [De iusticia in patriam et primo de iusticia commutatiua], 24 [De iusticia uindicatiua], 25 [Quod cauenda est negligencia], 26 [Quod cauenda est crudelitas], 27 [Quod affectus clemencie non eneruat uirtutem iusticie], 28 [Quod iusticia debet fieri celeriter sine dilatione], 29 [De iusticia distributiua], 30 [de iusticia retributiua]. 55 SD, 3.1–30, ed. Flottès-Dubrulles, pp. 255–274 (about different kinds of wisdom) is identical to DIP, 3.1–33, except that SD, 3.29, about peace, is expanded into four chapters.

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enact justice would produce in society and in outlining the tangible results of a just reign. It explains the extraordinary circumstances in which the king finds himself and prescribes the right character traits the king should develop to make himself just. The second part, also comprising thirty-three chapters, describes how the king should act in all his relationships, friendships, and official government interactions. It paints a detailed picture of the exact conduct that he needs to implement to behave justly. In this part, the author of DIP also includes the impediments which the king must overcome to execute his role well. These are the passions which contend for primacy, but should be dampened by virtues. The third part, comprising forty-one chapters, describes how the king shall be wise (Jer. 23. 5), an opportunity to dwell on the notion of wisdom (twenty-seven chapters), peace, mercy, and how the king should apply these qualities, paying special attention to show how they all contribute to justice as an action and a quality. The fourth and final part, comprising thirty chapters, expands on the final part of Jeremiah 23. 5, namely how he will execute judgement and justice in the earth, providing comprehensive instruction on how justice is to be administered. DIP provides much more detail than the Speculum dominarum about a wide range of malpractices evident in the court and in the administration of justice. Thus, in the second part, we get description of the responsibilities of the confessor, chaplains, almsgivers, chamberlains and ministerials. Whereas the treatise for the queen concludes by reflecting on four aspects of the house built by the queen (outer and inner, lower or infernal, and upper or celestial), there is no such focus on the life to come in DIP: it is more practical in tone, in its concern for the administration of justice. This difference reflects the differing audience of the two treatises. The Speculum dominarum was concerned with how the queen might assume power and rule in the absence of or in addition to the king.56 There was no need to describe the structure of the court and its system of justice. The role of the queen was to implement policies already set up by her husband, the king, or to supplement his activities if they were insufficient for effective justice. Nonetheless, Durand still saw the queen as needing to work towards justice in the realm. In its opening prologue, DIP sets out four principles which the king must sustain, namely his exalted role (status excellentie), his behaviour in ruling (actus presidentie), his guiding light (lumen directiuum), and perfectible

56 Lahav, ‘A Mirror of Queenship’.

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end or goal ( finem completiuum). These concepts echo phrases invoked by Bonaventure to describe what must drive any individual.57 These four things are necessary, one is not enough without the other. Without action, the state of excellence is useless and idle, just like an eye not seeing, an ear not hearing, a hand not operating, a healer not healing. A king who is not reigning is like a statue and idol similar to living humans, but having nothing of the nature and truth of humans. Again, the action of ruling without status is rash, unjust and detestable, so that if someone takes over the reign of a land that is not his, he is unjust … Again, wisdom is necessary for the king, because he would neither know how to rule nor to deliver justice without wisdom; no one therefore can execute a plan who is not an expert, namely who has neither a name as an expert nor knowledge of their expertise. A healer cannot be called a healer if he does not have the knowledge of medicine, nor a stone mason or carpenter can be named thus, who do not know anything about these arts. Thus, the one who does not have the knowledge of steering, should not have the name or business of a king. Again, three without a fourth are not sufficient, namely to execute judgement and justice in the land. Kings were established for this, just as it is written: The Lord hath appointed thee king, to do judgement and justice [iii Reg. 10. 9]. Just as, therefore, the bishop is concerned to govern souls, a priest to celebrate, a cleric to read, a master to teach, a religious to pray and keep his religious rules, because he is appointed to observe any of these duties, so a king is expected to execute judgement and justice, because he was established for that.58 57 Bonaventure, Comm. In Sent., IV d.24.1.1 art. 2, Opera omnia, iv, p. 611: ‘qui ponit hominem in statu excellencie’; II d.8 pars 1, art. 2 q. 1, conclusion, Opera omnia, ii, p. 215: ‘Nec quaecumque qualitas mixtionis est illa quae facit ad veritatem corporis humani, sed illa quae habet virtutem specificatam, hominis completivam et directivam. See also In Sent., III d.d.26 arts. 2 q. 5, conclusion, Opera omnia, iii, p. 580: ‘et potest nominare lumen directivum ad bene agendum’. 58 DIP, Prol. (L fol. 1r–v): ‘Ista quatuor sunt necessaria, nec unum sine altero sufficeret. Status enim excellentie sine actu est ociosus et inutilis, sicut enim oculus non uidens, auris non audiens, manus non operans, medicus non medicans, et sicut statua habens uel ydolum quid similitudinem hominis uiuentis et tamen de natura et ueritate hominis nichil habens, talis est rex non regnans. Item actus presidentie sine statu est temerarius, iniquus et detestabilis, ut si aliquis usurparet regnare super terram non suam iniquus esset. Ideo bene iungit propheta ista duo Regnabit rex. Item regi necessaria est sapientia, quia nec regnare nec iudicium per iusticiam facere sciret sine sapientia dirigente; nullus enim artifex potest operari que sunt artis, immo nec artificis nomen habet sine sciencia artis sue; non enim debet dici medicus qui non habent scientiam medicine, nec lathomus uel carpentarius est dicendus, qui nichil nouit de istis artificiis. Ita nec rem nec nomen regis habere debet qui non habet scienciam dirigentem. Item tria non sufficiunt sine quarto, quod est facere iudicium et iustiticiam in terra [Jer. 23. 5]. Ad hoc enim instituti sunt

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The driving theme of DIP is that the king’s main function is to institute justice in the kingdom, as his identity depends on this. The treatise outlines and justifies the four attributes necessary for the task: his lofty state (namely traits of his character), the action of ruling and the function of government, establishing a direction, and completing the final purpose of kingship. These tasks elucidate that opening quotation from Jeremiah, that ‘a king is expected to deliver judgement and justice, because he was established for that’. These principles function as the organizing themes for his treatise, corresponding to the four parts of Jeremiah 23. 5. DIP imitates the Speculum dominarum in giving particular attention to the def inition of justice in the ninth chapter of DDAS; Durand does not explicitly say that he is quoting from this work, but he alludes to it as the composition of a certain wise man, adding the term aequitas, a classical term, not used in DDAS. This is what Durand says in writing for the queen: From this it follows that it is most necessary for kings and rulers to be just. Since, however, justice is a virtue to give everyone what is due to him, just as it is said: The king must be just, to give everyone what reason dictates and equity judges. Just as a certain wise person said: justice of a king is not oppressing anyone unjustly through his power, judging rightly and without exception between a person and his neighbour, to be the defender of strangers, orphans and widows, to repress theft and punish all evildoing. Not to exalt unjust people, to rid the land of impious people, to defend churches, to trust in God through all things.59 reges sicut scriptum est: Constituit te Dominus regem ut faceres iudicium [iii Reg. 10. 9]. Sicut ergo debet episcopus intendere circa regimen animarum, sacerdos celebrare, clericus legere, magister docere, religiosus orare et sue religionis statuta seruare, quia ad predicta institutus est quilibet predictorum, sic rex tenetur facere iudicium et iusticiam quia ad hoc institutus est’. The permanent station that one occupied in the world, as well as the duties, rights, and privileges that were an integral part of that station, are well articulated by the term reht in Ward, ‘Honor and Shame’, p. 4. 59 SD, III d4, 22, De justicia, ed. Flottès-Dubrulle, p. 218: ‘Ex quo sequitur quod summe necessarium est reges et principes iustos esse. Cum autem iusticia est uirtus reddens unicuique quod suum est, sicut iam dictum est, debet rex iustus unicuique reddere quod racio dictat et equitas iubet. Sicut ait quidam sapiens: Iusticie regis est neminem per potenciam opprimere, sine personarum accepcione inter uirum et proximum ejus recte iudicare, adeunis, pupillis et uiduis deffensorem esse, cohibere furta et omnia maleficia punire. Iniquos non exaltare, impios de terra perdere, ecclesias deffensare, iustos super negocia regni constituere, senes, sapientes et sobrios consiliarios habere, patriam fortiter et iuste contra aduersarios deffendere, per omnia in Deo confidere.’

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While DIP does not here refer to DDAS by name, it does quote the entire ninth chapter of DDAS in its conclusion, attributing it to Cyprian.60 There are also other passages in DIP which echo DDAS (such as a section about the twelve abuses of the court). The author of DIP, whom we can identify with Durand of Champagne, was expanding on the theme of its ninth chapter, about the need for a king to implement justice.

DIP and Vincent of Beauvais: connections and differences Comparing DIP to Vincent’s De morali principis institutione (Table 8.2, below) suggests a deliberate attempt by its author to emulate and improve on the unfinished Dominican treatise, addressed to Louis IX.61 In broad terms the first two parts of DIP encompass all the topics discussed in De morali principis institutione, adding much detail and dividing the chapters differently. Chapters 1–9 of De morali principis institutione correspond to the first part of DIP, dealing with the status of kingship, how it was established, and how it ought to function in the world. Chapters 10–18 of De morali principis institutione correspond with the second part of Part One of DIP and detail the qualities the king should possess, starting with the expectation that the king will display the image of the trinity and be the best in authority 60 DIP, 4.30 (L fol., 111r): ‘Que pertineant ad bonum principem ostendit Cyprianus in libro De duodecim abusionibus seculi hiis uerbis: Iusticia regis est neminem iniuste per potenciam opprimere sine acceptatione personarum inter uirum et proximum suum iuste iudicare. Aduenis et pupuillis et uiduis defensorem esse, cohibere furta, adulteria punire, iniquos non exaltare, impudicos et histriones non nutrire, impios de terra perdere, parricidas et perimentes non sinere uidere, ecclesias defendere, pauperes elemosinis asere, iustos super regni negocia constituere, senes et sapientes et sobrios consiliarios habere, magorum et aliorum phitoniissarum supersticionibus non intendere, iracundiam suam deferre, patriam suam fortiter et iuste contra aduersarios defendere, prosperitatibus animum non eleuare, cuncta aduersancia pacienter tollerare, per omnia in Domino confidere, fidem catholicam in Domino habere, filios suos non sinere impie agere, certis oracionibus insistre, ante horas congruas non gustare cibum.’; DDAS, 9, ed. Hellmann, p. 51: ‘Iustitia uero regis est neminem iniuste per potentiam opprimere, sine acceptione personarum inter uirum et proximum suum iudicare, adeunis et pupillis et uiduis defensorem esse, furta cohibere, adulteria punire, iniquos non exaltare, impudicos et striones non nutrire, impios de terra perdere, parricidas et periurantes uiuere non sinere, ecclesias defendere, pauperes elemosynis alere, iustos super regni negotia constituere, senes et sapientes et sobrios consiliarios habere, magorum et hariolorum et pythonissarum superstitionibus non intendere, iracundiam differre, patriam fortiter et iuste contra aduersarios defendere, per omnia in Deo confidere, prosperitatibus animum non eleuare, cuncta adversaria patienter ferre, fidem catholicam in Deum habere, filios suos non sinere impie agere, certis horis orationibus insistere, ante horas congruas non gustare cibum.’ 61 See n. 9 above.

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and virtue. Chapters 19–28 of De morali principis institutione correspond to the twelve evils of the court in the second part of DIP, listing the bad practices of the court that the prince will inevitably encounter, how they would damage his best attempts at governing his kingdom, and how he should overcome them. Table 8.2: Comparison of De informatione principum and De morali principis institutione

I II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII XIX

De informatione principum

De morali principis institutione

about the dignity and excellence of the royal status about the grandeur of their honour and glory about the power of kingship about abundance of riches about abundance of delights

about the body of the republic

about the vanity of worldly domination about the brevity of its duration

about the first institution of a king or prince that men must preside over men by what right usurped kingdoms are kept that all earthly power is conferred by the highest power that evil powers are a whip of divine anger

that distribution of all earthly kingdoms is by divine providence about considering plans about the vanity of earthly power and honour about fear of dangers the many evils of worldly power that a king must be establishing true that a king has to display the image of the faith trinity especially in authority and virtue that a king must be strengthening a that a prince should be above others in solid hope wisdom that he must be perfect in love of that a prince should be wise in choosing God friends, councillors, and officials that he must be under the fear of that he should be wise in spending God resources that he must be devout in prayer that he should be wise in the reasons for preventing and waging wars that he must be fervent and that he should be knowledgeable about benevolent to the church of God writings, especially divine that he must be humble in his examples in kings of old reputation that he must be docile in undertakthat he should excel in goodness for many ing study reasons that he must be malleable in about the goodness of an excellent prince persuasion that he must be firm in his work about those who criticize the prince’s goodness

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XX XXI XXII XXIII XXIV XXV XXVI

De informatione principum

De morali principis institutione

that a king must be honest in conversation that he must be modest in work and speech that he must be private in consultation that he must be discerning in speech that he must be welcoming in receiving guests that he must be generous in bestowing gifts that he must be magnificent

about detractors and adulators in courts

XXVII that he must be generous XXVIII that he must be continent in serving the pleasure of the flesh XXIX that he must be abstinent from taking refreshment of the body XXX about the clemency of the king xxxi must love the good things xxxii must shun bad things xxxiii must have patience

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about envy, the mother of slander that it is worse to disparage a prince than other people about ambition, the mother of adulation about many forms of ambition many examples of adulation are collected about the greed of flatterers and other vices of courtiers about fending off flatterers and disparagers about caution of the vice of credulity

In Chapter 18, On the Goodness of an Excellent Prince, Vincent of Beauvais includes the key paragraph from the ninth chapter of the DDAS, naming Cyprian as its author and listing the qualities needed for the right distribution of justice by a king.62 The only difference between Vincent’s version of this chapter and the original text of DDAS is that Vincent omits the phrase ‘to not pay attention to magicians, sorceresses or superstitions’. Following Chapter 17, in which Vincent of Beauvais lists seven reasons for the necessity of the king to excel in good, this chapter begins with a detailed discussion of the quality of goodness, using biblical and patristic sources and a reference 62 De morali principis edruditione, 18, ed. Schneider, p. 93: ‘Sic enim et iusticia uirtus est generalis, que omnes uirtutes circuit pertinentes ad ornatum uite principis, de qua sic loquitur beatus Cyprianus martyr in libro De XII abusionibus seculi: “Iusticia,” inquit, “regis est neminem iniuste per potenciam opprimere, sine accepcione personarum inter uirum et proximum suum iudicare, aduenis et pupillis ac uiduis defensor esse, iniquos non exaltare, impudicos et histriones non nutrire, impios de terra perdere, ecclesias defendere, pauperes elemosinis alere, iustos super regni negocia constituere, senes et sapientes ac sobrios consiliarios habere, iracundiam differre, patriam fortiter ac iuste contra aduersarios defendere, per omnia in deo uiuere, prosperitatibus animum non eleuare, aduersa cuncta patienter ferre, fidem catholicam in deum habere, filios suos impie agere non sinere, certis horis oracionibus insistere, cibum ante congruas horas non gustare.”’

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to the Topics of Aristotle to support his argument. Having done so, De morali principis institutione moves to the list offered by DDAS on justice without any explanation of the reason the two qualities are connected, leaving the reader to conclude that judgement and justice are manifestations of that goodness. Both DIP and the De morali principis institutione of Vincent of Beauvais are comprehensive instructional manuals which attend not only to the dayto-day functions of a ruling person, but also to organizing the structure of the kingdom in such a way that would promote this function. Both treatises employ similar mechanisms to advance their instruction. As argued by Cary Nederman, kings were by their nature good, and it was a clear distortion of their role to be called a bad king, conventionally called a tyrant.63 Focusing on John of Salisbury, who was writing in the twelfth century, but referring back to ancient philosophers like Virgil and Lucan, Nederman has shown that the goodness or righteousness of a king was presupposed; that the word ‘king’ (rex) was derived from ‘right’ (recte) and therefore being ‘right’ was the only way to be ‘king’. This is what makes ‘a bad king’ such an oxymoron. The opposite of ‘king’ would be ‘tyrant’, who was neither ‘right’ nor just, but only interested in satisfying his own desires. In other words, the moral and spiritual qualities of head of state made him either king or tyrant. The De informatione principum works within this paradigm. At the same time, it draws heavily on John of Salisbury’s Policraticus, copying large portions on at least thirty occasions, but always around the core notion of justice and its implementation.64 In this regard DIP follows the conventional path of establishing an image of the right characteristics for a specific role in society and presenting a person occupying that role with a choice: either conform or accept exclusion from that role. This mechanism reflects a traditional way of speaking to power, namely a way of shaming the king into compliance in a way. While this is essentially true, the De informatione principum also has other elements that point to the influence of another trend emerging in society at that time: guilt.

Regulating royal behaviour in the De informatione principum The author of DIP reflects a culture in which there were continuing tensions between shame and guilt, private and public, understanding and instruction. 63 Nederman, ‘There Are No “Bad Kings”’, esp. pp. 137–138. 64 Most of these are from Policraticus, 1–4., ed. Keats-Rohan.

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Shame culture stresses the importance of one’s honour, that is, how one is perceived by others. Guilt culture, by contrast, focuses on the internal and personal feelings of not acting righteously. It has been argued that the twelfth and thirteenth centuries saw a move from shame culture to guilt culture, neither assuming a singular role, but rather there being a gradual shift in emphasis from shame to guilt.65 DIP acknowledges the role of honour and shame, but seeks to emphasize the importance of guilt from a clearly religious perspective. Quite unlike Vincent of Beauvais, Durand incorporates into DIP a new didactic mechanism that he first introduced into the Speculum dominarum, namely discussion of the passions in relation to virtue. John of Wales also discussed the passions of the prince, before moving to the distinction between a tyrant and a king.66 This was a theme much developed by Thomas Aquinas, who devoted much of his Prima secundae of the Summa theologiae to explaining that the emotions or ‘passions of the soul’ were not sinful in themselves, but needed to be distinguished from vices and virtues.67 This was a major concern in the first tract of the Speculum dominarum, addressed to the queen. DIP is not expansive in this respect, but it still develops from the same starting point, namely an internal struggle between emotions and moral obligations. De informatione principum is still very much a moralistic treatise, in that it demonstrates great awareness of the consequences of the king complying with his baser desires. However, it takes the time to explain why such feelings and thoughts are harmful not only to the ruler’s own soul, but also to the subjects of the kingdom: However, some people are not led by reason, but by immoderate passion. For to be so led by the passions, that is, by the movement of anger or sadness of suffering, or by joy of love, or hatred and the like, deviates from the path of the truth.68

DIP focuses on the king’s need to avoid envy and rage: The king should diligently be aware that pride should not reign in him … that envy should not reign in him … nor rage, because if it does, he is 65 Ward, ‘Honor and Shame’, p. 4. 66 John of Wales, Communiloquium, I.d3.19. 67 Zahora, ‘Since Feeling is First’. 68 DIP, 1.18.3 (L 23r): ‘Sed aliqui non a ratione, sed magis ab immoderata passione ducuntur. Nam ita sequuntur passiones, idest motus ire uel tristitie doloris, uel gaudii amoris, uel odii et huiusmodi quod deuiat a tramite ueritatis.’

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not a king but a tyrant … nor destruction, because if it does, he is king in name only … nor greed … nor appetite or indulgence.69

The author of DIP straddles the divide between guilt and shame and creates a category that is uniquely appropriate for the king. Instead of compassion and understanding of the king’s inner struggle and forgiveness for the occasional defeat he might sustain, DIP uses it to apply pressure for compliance from an additional direction. If previously pressure points were restricted to social uprightness and the role of the king in instituting it (shame), now there is also the threat of being abandoned by God, both as a human soul (guilt) and as his kingdom as a whole (guilt and shame). While acknowledging that the king has an inner life, full of passions and desires, DIP is very clear about the expectations of him. The difficulty arises when the author of DIP tries to describe the ‘right’ values or character traits a king should possess in order to enact and embody justice. The headings he gives to Chapters 16–27 cover the range of requirements placed on the king: That the king must be humble in his reputation That the king must be docile in accepting teaching That he should be malleable to persuasion That he should be steady in operation That the king must be modest in word and deed That the king must be courteous entertaining guests That the king must be generous in bestowing gifts That the king must be magnificent That the king must be magnanimous70

These qualities are specific to the station of the king, who needs to encompass in his person two contradictory roles. On the one hand he needs to be open to learning and correction, which necessitates modesty and willingness to accept advice and guidance. On the other, he needs to be 69 DIP, 2 1.7–12 (L 41v–42r): ‘Solerter ergo caueat rex ne regnet in eo superbia … non regnet in eo inudia … Item non ira, que si regnet in rege, non rex est ueraciter, sed tyrannus … Item non accidia quia non esset rex nisi solo nominee … Item non auaricia … Item non gula uel luxuria.’ 70 DIP, Prol. (L 1v): ‘xvi quod debet humilis in sui reputatione; xvii quod debet esse docilis in doctrine susceptione; xviii quod debet esse ductilis in persuasione; xix quod debet esse stabilis in operatione; xx quod rex secretus in consultatione; xxiii quod debet esse discretus in loquutione; xxiiii quod debet esse curialis in suscipiendis hospitibus; xxv quod debet esse liberalis in conferendis muneribus; xxvi quod rex debet esse magnificus; xxvii quod debet esse magnanimus.’

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firm and unwavering in his decision-making and forceful in its execution. He needs to be merciful and empathetic to suffering, but at the same time strong and unshakeable in his duties as punisher. He needs to fear God and his representatives on earth, be humble and devout, but also accumulate and exhibit wealth and power in his court. In short, he needs to keep his eyes on both the next life and his conscience, and his earthly person and performance, that is, be merciful and merciless at the same time. These conflicting requirements are also paralleled in the king’s relationship with God. On one level the relationship is between the king’s soul and God, which is internal and focuses on personal improvement for eternal life after death. It has the Catholic doctrine of salvation at its centre, which demands humility of spirit as a core value. The second level is about duty and actions, ultimately also directed at eternal salvation, but performed here on earth, in the king’s own country and court. The third relationship is about the soul of the kingdom, which is entrusted to the king by virtue of him being the successor of his predecessors and the investiture of power he has received at his coronation. The soul of the kingdom is dependent on the king setting the right systems in place.

The king’s responsibility and twelve abuses of the court Although DIP mentions internal struggles, it demands actions that would make the kingdom run smoothly. In fact, its author seems to use inner struggles to apply more pressure, rather than lowering expectations. He seems to attack from all directions: giving advice and education, expounding the right virtues, appealing to the king’s mercy and compassion for his subjects, explaining how his actions affect the fate of the kingdom, promising heavenly rewards, and any other instructions that might promote his aim. He extends what John of Wales had written in the Communiloquium about seven vices of the court, identifying twelve problematic practices in the royal court that needed to be rooted out by force.71 Since DIP is written for a boy who is not yet king, these are more of a precautionary tale of what he is to expect in the future. It is also an outline of responsibilities that the boy should expect after gaining a throne: Although many more vices tend to abound in the courts of the princes, which ought to be rooted out by force, there are especially the twelve 71 John of Wales, Communiloquium, I.d8.

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that are common among the courtiers and in the courts. The f irst is an insatiable ambition for dignities. Second is an insatiable desire for property. The third is an appalling pretence of holiness. Fourth is the unbridled acceptance of gifts. The fifth is cunning invention of trouble. The sixth is subtle favouritism. The seventh is selling of offices. The eighth is false flattery. The ninth is hateful backbiting. The tenth is feigning false friendships. The eleventh is useless business. The twelfth is many ways of committing theft.72

Just as Hugh of Fouilloy was inspired by DDAS to write about twelve abuses of the cloister, so Durand of Champagne was moved by this text to focus on vices relevant to the court. Having presented these twelve vices, DIP dedicates the subsequent chapters to explain each, giving examples of past kings who did not uproot such behaviours. These examples point to either subjugation of the kings, loss of kingdoms, suffering of the people, or all three. Some include kings cited in the Bible and the writings of Ambrose of Milan, Bernard of Clairvaux, and Gregory the Great. Most of the exempla, however, are from the classical past, with the majority taken from John of Salisbury’s Policraticus, which quotes sayings from the classics. DIP also quotes examples directly from ancient authors, in particular from the writings of Seneca, and Martin of Braga’s Formula uitae honestae, always identified as by Seneca. This selection of sources aims at eliciting a combination of guilt and shame in the young prince, but also demonstrates an openness to classical wisdom for instruction. Ultimately the king is the only one who has the power to institute structures of acceptable behaviour at court; therefore, he is solely responsible for doing so. This block of chapters opens with acknowledgement that ‘many more vices tend to abound in the courts of the princes, which ought to be rooted out by force’.73 The author of DIP is effectively saying that these things happen at court, whether you want them to happen or not, and ultimately the king is responsible for rooting 72 DIP, 2.13.1 (L 50r–v): ‘Quamuis uicia multa nimis in curiis principum soleant abundare que deberent pro uiribus extirpare, precipue tamen duodecim sunt communia aulicis et curialibus. Quorum primum est insatiabilis ambicio dignitatum. Secundum est inexplebilis cupiditas facultatum. Tercium est abhominabilis simulatio sanctitatis. Quartum est immoderata acceptio munerum. Quintum est dolosa adinuencio calumpniarum. Sextum est subdola acceptio personarum. Septimum est uendicio officiorum. Octauum est mendosa adulacio. Nonum est inuidiosa detractio. Decimum est prodiciosa amiciciarum fictio. Vndecimum est instructuosa occupatio. Duodecimum est multimoda furti commissio.’ 73 DIP, 2.13.1 (L 50r–v).

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them out by force. The long list of examples of such choices by past kings is designed to create a feeling of guilt should the young king decide not to actively prevent them. It also presents the potential for future shame, should the king’s inaction bring the court, and therefore the country, to ruin. The use of predominantly classical sources indicates that these were accepted as legitimate sources for learning by example.

Justice in action The fourth part of the treatise is dedicated to the structure of the judicial system in the kingdom. Durand structures this part around the need to establish a system, rather than attempting to be the only judge. Although he structures the whole book around the argument that the king’s sole purpose and function is to be a wise judge and execute judgement and justice in the kingdom, his first instruction on the topic is about the need to set up a system of many judges. The example he gives there is Moses, who used to exhaust himself by sitting and judging all the people, until Jethro came and taught him otherwise. Although he starts this part by recounting the previous points he made in the treatise and reminding the king of the organizing verse and the fact that kings are instituted for making judgements, he moves quickly to the main example, taken from Exodus 18. 13–27, about the advice Jethro gave to Moses on the right way of delivering justice to the people. Rather than trying to judge all the people himself, which is impossible and leads to neglect, he is to appoint many judges. While John of Wales had admonished judges in his Communiloquium, here Durand emphasizes their relationship to the king: By this example, kings and princes are taught that they ought to institute judges in their lands, who judge the lesser and less dangerous cases, and refer the more severe cases to the king, so that the load of the government would be easier for the king as well as the people to bear.74

This example frames the argument that DIP is making for the right way for the king to execute just judgement. On the one hand, the king is very much responsible for sustaining justice in his kingdom. He, and he alone, 74 DIP, 4.1.1 (L 94v): ‘Hoc exemplo docentur reges et principes quod in terris suis debent instituere iudices, qui minora negocia et minus periculosa expediant, ad examen uero regalis iudicii, referant grauiora, leuiusque sit tam regi quam populo partito in alios onere.’

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will be held in contempt if justice does not function in a way that would provide safety and security to every single person. On the other hand, if he attempts to ensure that justice is delivered to each person by executing the judgement personally, he will fail. The sheer number of cases that would be brought to him will cause major delays, and, in many cases, justice will not be accessible to all. The way to achieve successful delivery of justice in a large kingdom is to set up a system, and the king is responsible for the quality of that system, both in setting it up and sustaining it. DIP outlines the parameters and boundaries of the king’s responsibility for justice. He is to function as the ultimate judge in his system by choosing the right judges, setting up the ways judgement will be executed, recognizing and minimizing the influence of passions, and constantly reviewing the outreach and completion. These four categories correspond with the four attributes of the king’s character and function outlined in the introduction: ‘The state of excellence, the action of ruling, the guiding light, and perfectible end.’ However, here they are referring to the system of judgement and its function as representative of his justice to the people.

Conclusion DIP is a meticulously structured and detailed manual, organized around Jeremiah’s prophecy (23. 5) of a coming king, who would be wise and deliver judgement and justice on earth. The similarities of this treatise to the Speculum dominarum of Durand of Champagne, Franciscan confessor to Jeanne of Navarre, wife of Philip IV, leave us in little doubt that Durand also wrote DIP, for the education of her son, the future Louis X. When we compare DIP to earlier treatises written for the education of kings, we can see how much more detail it provides about the administration of justice in the kingdom. It was inspired not just by what Vincent of Beauvais had to say about the education of a prince, but by the teaching of John of Wales in the f irst two parts of his Communiloquium about his responsibilities. Durand followed his way of combining advice from scripture and ancient Roman authors, in particular Seneca and Cicero. It was very different from the more specif ically Aristotelian De regimine principum of Giles of Rome, written for the future Philip IV. More than any previous author, Durand was concerned to expound not just the moral demands placed on a king, but the behaviour expected from all in his court.

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DIP adds another interesting mechanism to convince the king to assume responsibility for universal justice in his kingdom, namely acknowledging the struggle the king might have with passions, temptations, fears, and worries. While these were ideas which Thomas Aquinas had developed in the second part of his Summa theologiae, they are presented in DIP in much more summary form. Durand of Champagne had previously developed them in the Speculum dominarum. Much of his discussion in this latter treatise would be integrated into the Speculum morale, a treatise of Franciscan authorship that would combine the teaching of the Speculum dominarum with that of Thomas Aquinas. DIP acknowledges that the king has an inner life, full of passions and desires, but it is still very clear about the expectations for him. Improving his own just character and his relationship with God are not complete aims, as they would be in any other human, but only prerequisites. His role is to set up and maintain a system of justice that would cover all the kingdom and tend to the needs of judgement between the people themselves and between them and himself. While Durand’s core teaching about the need for a king to implement justice is fundamentally the same as that of Chapter 9 in the De duodecim abusiuis saeculi, his treatise approaches this topic in a much more systematic way, drawing on classical authors as much as scripture to communicate his message.

Bibliography Manuscripts Cambridge Corpus Christi College, MS 412 Leiden, Universiteitsbiblioteek, MS Vossius Lat. Q 82 London, BL, MSS Royal 12 B XVIII, 12 D XV Paris, Bibl. de l’Institut, MS 608 Paris, BnF, MSS lat. 6698, 6698A, 6780, 16622 Rouen, BM, MS 938 Vatican, BAV, MS Reg. Lat. 1340 Vienna, ÖNB, lat. 5362

Primary sources Albert the Great, Alberti Magni Opera omnia (Münster: Aschendorff, 1952–). Albert the Great, De animalibus, ed. by Hermann Stadler, Beiträge zur Geschichte der Philosophie des Mittelalters, 15–16 (Münster: Aschendorff, 1916–1920).

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Albert the Great, Opera omnia, ed. by A. Borgnet, 38 vols (Paris: Vivès, 1890–1899). Alexander of Hales [with disciples], Summa theologica [Summa fratris Alexandri], 4 vols (Quaracchi: Collegium S. Bonaventurae, 1928–1948). Aristotle, Ethics, trans. by William de Moerbeke, Aristoteles Latinus, XXVI.1–3, fasc. Quartus, ed. by R. A. Gauthier (Leiden: Brill, 1973), pp. 375–588. Aristotle, Topica, trans. by Boethius, ed. by L. Minio-Paluello, Aristoteles Latinus, V.1–3 (Brussels: Desclée de Brouwer, 1969). Bonaventure, Opera omnia, ed. by PP. Collegii Sancti Bonaventurae (Quaracchi: Collegium S. Bonaventurae, 1882–1902). Durand of Champagne, Speculum Dominarum, ed. by Anne Flottès-Dubrulle, with Constant J. Mews, Rina Lahav, and Tomas Zahora, Mémoires et documents de l’École nationale des chartes (Paris: Ecole Éditions, 2018). Gerald of Wales, De instructione prinicipis, ed. by J. F. Dimock and E. A. Freeman, RS, 21.8 (London: Longman, 1891). Giles of Rome, De regimine principum libri III, ed. by Hieronymus Samaritanius (Rome: B. Zannettum, 1607; repr. Aalen: Scientia, 1968). Giles of Rome, On Ecclesiastical Power: A Medieval Theory of World Government, ed. and trans. by R. W. Dyson (New York: Columbia University Press, 2014). Gregory the Great, Moralia in Job, ed. by M. Adriaen, CCSL, 143–143B (Turnhout: Brepols, 1979). Gregory the Great, Regula pastoralis, ed. by F. Rommel and F. W. Clement, 2 vols, SC, 381–382 (Paris: Cerf, 1992). Guibert of Tournai, Le traité Eruditio regum et principum de Guibert de Tournai, O.F.M. Étude et texte inédit, ed. by A. De Poorter, Les Philosophes Belges, 9 (Louvain: Institut supérieur de philosophie de l’Université, 1914). John of Salisbury, Policraticus I–IV, ed. by K. S. B. Keats-Rohan, CCCM, 118 (Turnhout: Brepols, 1993). John of Salisbury, Policraticus: Of the Frivolities of Courtiers and the Footprints of Philosophers, trans. by Cary Nederman (Cambridge: Cambridge University Press, 1990). John of Salisbury, Policraticus sive de nugis curialium et vestigiis philosophorum libri viii, ed. by Clemens C. J. Webb, 2 vols (Oxford: Clarendon Press, 1909). John of Wales, Communiloquium siue summa collationum Johannis Gallensis (Cologne: [Ulrich Zell, 1470]; Arnold Ther Hoenen, 1472; longer version: Augsburg: Anton Sorg, 1475). Laurent, La Somme le roy par frère L aurent, ed. by Édith Brayer and Anne-Françoise Leurquin-Labie (Paris: Société des anciens textes français, 2008). Ptolemy of Lucca, De regimine principum, in Opuscula philosophica, ed. by Roberto Busa (Turin: Marietti, 1954), pp. 280–358.

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Ptolemy of Lucca, On the Governance of Rulers, trans. by James Blythe (Philadelphia: University of Pennsylvania Press, 1997), pp. 60–112. Roger Bacon, The Opus maius of Roger Bacon, ed. by John H. Bridges, 3 vols (Oxford: Clarendon Press, 1897–1900). Roger Bacon, Secretum secretorum cum glossis, in Opera hactenus inedita Rogeri Baconis, ed. by R. Steele, 12 vols in 16, fasc. 5 (Oxford: Clarendon Press, 1920), pp. 25–172. Thomas Aquinas, La Royauté, ed. and trans. by D. Carron (Paris: Vrin, 2017). Thomas Aquinas, Opera omnia, editio Parmensis, 25 vols (Parma, 1852–73). Thomas Aquinas, Sancti Thomae Aquinatis… Opera omnia, editio Leonina (Rome, 1882–). Vincent of Beauvais, De morali principis institutione, ed. by R. J. Schneider, CCCM, 137 (Turnhout: Brepols, 1996). Vincent of Beauvais, The Moral Instruction of a Prince, trans. by Priscilla Throop, The Moral Instruction of a Prince and Pseudo-Cyprian The Twelve Abuses of the World: An English Translation of De morali principis institutione and De duodecim abusivis saeculi (Charlotte, VT: MedievalMS, 2011). Vincent of Beauvais, Speculum maius, 4 vols (Douai: B. Bellère, 1624). William Peraldus, De eruditione principum, in Thomae de Aquino Opera omnia, editio Parmensis (Parma, 1864), XVI, pp. 390–476.

Secondary sources Bartlett, Robert, Gerald of Wales (1146–1223) (Oxford: Clarendon Press, 1982). Bejczy, István P., and Cary J. Nederman, eds, Princely Virtues in the Middle Ages 1200–1500 (Turnhout: Brepols, 2007). Boureau, Alain, ‘L’Exégèse de Jean de Galles, Franciscain du XIIIe siècle’, Franciscan Studies, 72 (2014), pp. 153–171. Briggs, Charles F., Giles of Rome’s De regimine principum: Reading and Writing Politics at Court and University, c. 1275–c.1525 (Cambridge: Cambridge University Press, 2009). Briggs, Charles F., and Peter S. Eardley, ‘Life, Works, Legacy’, in A Companion to Giles of Rome, ed. by Charles F. Briggs and Peter S. Eardley (Leiden: Brill, 2016), pp. 1–33. Courtenay, William J., ‘The Parisian Franciscan Community in 1303’, Franciscan Studies, 53 (1993), 155–173. Delisle, Léopold, ‘Anonyme, Auteur du Liber de Informatione Principum’, Histoire littéraire de la France, 31 (Paris: Imprimerie nationale, 1893), pp. 35–47. Flüeler, Christophe, Rezeption und Interpretation der Aristotelischen Politica im späten Mittelalter, 2 vols (Amsterdam: Grüner, 1992).

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Keenan, James F., ‘Virtues’, in The Cambridge Companion to the Summa Theologiae, ed. by Philip McCosker and Denys Turner (Cambridge: Cambridge University Press, 2016), pp. 194–205. Lachaud, Frédérique, ‘De la Satire politique au ‘miroir’: Jean de Galles et la lecture du Policraticus de Jean de Salisbury au XIIIe siècle’, in Universitas scolarium: mélanges offerts à Jacques Verger, ed. by Cédric Giraud and Martin Morard (Geneva: Droz, 2011), pp. 385–408. Lahav, Rina, ‘A Mirror of Queenship: The Speculum dominarum and the Demands of Justice’, in Virtue Ethics for Women 1250–1500, ed. by Karen Green and Constant J. Mews (Dordrecht: Springer, 2011), pp. 31–44. Lambertini, Roberto, ‘Political Thought’, in A Companion to Giles of Rome, ed. by Charles F. Briggs and Peter S. Eardley (Leiden: Brill, 2016), pp. 255–274. Merisalo, Outi, and others (Équipe Golein), “Remarques sur la traduction de Jean Golein du De informacione principum’, Neuphilologische Mitteilungen, 95 (1994), 19–30. Mews, Constant J., ‘The Early Diffusion of the De spiritu et anima and Cistercian Reflection on the Powers of the Soul’, Viator, 49 (2018), 297–330. Mews, Constant J., and Rina Lahav, ‘Wisdom and Justice in the Court of Jeanne of Navarre and Philip IV’, Viator, 45.2 (2014), 173–200. Mews, Constant J., and Tomas Zahora, ‘Remembering Last Things and Regulating Behavior: From the De consideratione novissimorum to the Speculum morale’, Speculum, 90.4 (2015), 960–994. Miner, Robert, Thomas Aquinas on the Passions: A Study of Summa Theologiae 1a2ae 22–48 (Cambridge: Cambridge University Press, 2009). Momigliano, Arnaldo (with a response by Hans Liebeschütz), ‘Notes on Petrarch, John of Salisbury and the Institutio Traiani’, Journal of the Warburg and Courtauld Institutes, 12 (1949), 377–379. Nederman, Cary J., ‘Rhetoric, Reason, and Republic: Republicanism—Ancient, Medieval, and Modern’, in Renaissance Civic Humanism: Reappraisals and Reflections, ed. by James Hankins (Cambridge: Cambridge University Press, 2000), pp. 247–269. Nederman, Cary J., ‘There Are No “Bad Kings”: Tyrannical Characters and Evil Counselors in Medieval Political Thought’, in Evil Lords: Theories and Representations of Tyranny from Antiquity to the Renaissance, ed. by Nikos Panou and Hester Schadee (New York: Oxford University Press, 2018), pp. 137–156. Nederman, Cary J. and Mary Elizabeth Sullivan, ‘Reading Aristotle through Rome’: History and Republicanism in Ptolemy of Lucca’s De regimine principum’, European Journal of Political Theory, 7 (2008), 223–240. Perret, Noëlle-Letitia, ed., Les traductions françaises du De regimine principum de Gilles de Rome: parcours matériel, culturel, et intellectuel d’un discours sur l’éducation (Leiden: Brill, 2011).

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Porter, Jean, ‘Right Reason and the Love of God: The Parameters of Aquinas’s Moral Theology’, in The Theology of Thomas Aquinas, ed. by Rik van Nieuwenhove and Joseph Wawrykow (Notre Dame: University of Notre Dame Press, 2005), pp. 167–191. Ryan, W. F., and Charles B. Schmitt, eds, Pseudo-Aristotle, the Secret of Secrets: Sources and Influences (London: Warburg Institute, 1982). Scholderer, V., ‘The Early Editions of Johannes Vallensis’, National Library of Wales Journal, 3 (1944), 76–79. Schneider, Robert J., and Richard H. Rouse, ‘The Medieval Circulation of the De morali principis institutione of Vincent of Beauvais’, Viator, 22 (1991), 191–227. Swanson, Jenny, John of Wales: A Study of the Works and Ideas of a Thirteenth-Century Friar (Cambridge: Cambridge University Press, 1989). Théry, Gabriel, ‘L’authenticité du “De spiritu et anima” dans saint Thomas et Albert le Grand’, Revue des sciences philosophiques et théologiques, 10 (1921), 373–377. Torrell, Jean-Pierre, Saint Thomas Aquinas, Vol. 1: The Person and his Work, trans. by Robert Royal (Washington, DC: Catholic University of America Press, 2005), pp. 179–223. Toste, Marco, ‘The Restitution to John of Wales, OFM of Parts of Some Mirrors for Princes Circulating in Late Medieval Portugal’, Franciscan Studies, 73 (2015), 1–58. Von den Brincken, Anna-Dorothee, ‘Geschichtesbetrachtung beiun Vincenz von Beauvais’, Deutsches Archiv für Erforschung des Mittelalters, 34 (1978), 410–499. Ward, Donald, ‘Honor and Shame in the Middle Ages: An Open Letter to Lutz Röhrich’, Jahrbuch für Volksliedforschung, 27/28 [Festschrift für Lutz Röhrich zum 60. Geburtstag] (1982/1983), 1–16. Williams, Stephen J., ‘Roger Bacon and his Edition of the Pseudo-Aristotelian Secretum secretorum’, Speculum, 69.1 (1994), 57–73. Williams, Stephen J., The Secret of Secrets: The Scholarly Career of a PseudoAristotelian Text in the Latin Middle Ages (Ann Arbor: University of Michigan Press, 2003). Zahora, Tomas, ‘“Since Feeling is First”‘: Teaching Royal Ethics Through Managing the Emotions in the Late Middle Ages’, Parergon, 31.1 (2014), 47–72.

About the author Rina Lahav has been a research associate attached to the Centre for Religious Studies at Monash University. She is a medievalist with a particular interest in mystical writings. Her main contribution has been in the transcription of manuscripts and preparation of critical editions of a range of texts, including (with Professor Mews) the De informatione principum.

10 ‘Perfect Justice Weighs Everything on a Balanced Scale’ Italian Friars on Equity, the Common Good, and the Commune c. 1270–c. 1310 Charles F. Briggs

Abstract The instability of Italian politics in the later thirteenth and early fourteenth centuries induced several mendicant writers, beginning with Thomas Aquinas and Giles of Rome, to seek remedies in ancient philosophy. They turned to Aristotle, Cicero, and Seneca, to address the systemic problems that disordered life and fomented injustice in the Italian communes. Two interlinked bundles of concepts, relating to equity, on the one hand, and to comune (It.: the common good, common goods, or the commune), on the other, were especially apt for thinking about how to manage relationships between individuals and groups. Although these ideas seem distant from the taxonomy and prescriptions of the De XII abusiuis saeculi, they shared the notion that justice requires a kind of balance in the body politic. Keywords: Italy, communes, justice, disorder, equity, common good.

Occupying the lowest of the four registers of Giotto di Bondone’s fresco panels adorning the walls of the nave of the Scrovegni Chapel in Padua, panels representing the seven virtues, on the south wall, face off against an equal number of opposing vices, on the north. In distinct contrast with the bright polychrome images above them which recount the Christian salvation story of the lives of Mary and Christ, the grisaille architectonic renderings of the virtues and vices not only make these appear to belong to the very structure of the building, but also serve, along with their accompanying inscriptions, to highlight their moralizing and didactic function. The seven

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch10

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virtues, moving in order from west to east, are the civic virtues Prudentia, Fortitudo, Temperantia, and Iustitia, followed by the theological virtues Fides, Karitas, and Spes. Opposing them, in the same order, are Stultitia, Inconstantia, Ira, Iniustitia, Infidelitas, Invidia, and Desperatio. Several things are worth noting about these two groups and the way they are arranged. First of all, the vices, with the exception of anger and envy, are not the canonical ‘deadly’ sins (the others being pride, greed, sloth, lust, and gluttony), but represent rather the opposite of the virtues with which they are paired. Secondly, the virtues are not arranged in the traditional order of prudence, justice, temperance, and fortitude, and faith, hope, and charity. And thirdly, and most importantly for our purpose, justice’s non-canonical position is no mistake. Rather, the designer of the illustration programme has quite deliberately placed Iustitia at the very centre of the virtues, and indeed of the wall itself, with the same being the case, mutatis mutandis, for Iniustitia. To further accentuate the centrality of Iustitia/Iniustitia, Giotto has uniquely depicted each of them enthroned and placed them in more elaborate architectonic frames than those containing the other vices and virtues.1 Observing this, Giuliano Pisani has recently argued for a decidedly Augustinian (rather than Thomist) inspiration behind both the order of the virtues and the choice of contrary vices. Furthermore, he has suggested that the designer of the chapel’s entire pictorial cycle, indeed the ‘teologo di Giotto’, was the Augustinian friar Alberto da Padova, who was in residence at the convent right next door to the chapel during the very time Giotto and his team were working there in 1303–1305.2 Pisani has also stressed the crucial role played by Iustitia in this programme, saying that ‘Earthly Justice is the exact centre of the [pictorial] cycle, the fulcrum of the history of the world and of the programme for the salvation of Man.’3 The chapter that follows will argue that Giotto’s (and perhaps Alberto’s?) rendering of the virtues and vices in Enrico Scrovegni’s chapel is emblematic of a particular way of thinking about the structures and relationships of civic politics, whose chief architects and exponents were Italian friars active in the later thirteenth and early fourteenth centuries. Seeking to bring peace, order, and harmony to the factious, turbulent, and often violent 1 Pisani, ‘La concezione agostiniana’. 2 Pisani, ‘La concezione agostiniana’, pp. 230–235. Pisani’s claims for Alberto da Padova have been supported by Bonato and Bottin, ‘Nuove ricerche per un biografia di Alberto da Padova’, pp. 177–181. 3 Pisani, ‘La concezione agostiniana’, p. 234; see also Frugoni, L’affare migliore di Enrico, pp. 274–278.

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politics of the communes, these friars counselled a life lived according to the virtues, justice chief among them. Pisani likely is correct that Augustine was an important source for Alberto or whoever it was who designed the illustration program of the virtues and vices in Padua. Certainly, the great Father of the Latin Church was an important source for several writers who will be discussed in what follows. So too were a number of other Christian authorities, as well as such ancient Roman authors as Cicero, Seneca, and Valerius Maximus. Giotto’s Iustitia with her crown and throne was after all surely meant to call to mind the words of Cicero in De officiis (3.6.28): ‘for this one virtue [justice] is lady and queen of all the virtues’ (haec enim una virtus omnium est domina et regina virtutum).

Towards equilibrium Nonetheless, their conception of justice, as well as of the other civic virtues, and their prescriptions for keeping injustice at bay, were also informed at the most fundamental level by a set of assumptions about the way bodies, souls, and societies compose themselves and operate in relation to one another according to what Joel Kaye has termed a ‘model of balance’. 4 The framework of this model, and the language our writers used to talk and think about it, was markedly Aristotelian and informed most especially by the Philosopher’s concept of equilibrium based on the mean. Kaye makes the elegant and compelling case that ‘in the last decades of the thirteenth century, a new way of modelling equality and equalization began to emerge within university culture that was strikingly different … from the earlier one it (partially) displaced’.5 This new model was ‘generated in three distinct yet mutually reinforcing ways’: 1) ‘the reception and reworking’ of Galen’s medical writings and Aristotle’s Nicomachean Ethics and Politics; 2) scholars’ participation in the textual communities of the universities, who shared ‘a powerful set of ideas … that conveyed a complex sense of balance/aequalitas as applied to the aggregation of interacting individuals within the civitas’; and 3) the daily interactions of scholars with such urban environments as the market-place and the structures of politics, ‘that functioned, in effect, as concrete social forms of equilibrium’.6 Kaye says that the textual foundations for this new way of thinking about 4 Kaye, A History of Balance, p. 4. 5 Kaye, A History of Balance, p. 5. 6 Kaye, A History of Balance, pp. 13–14.

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equilibrium were laid in Taddeo Alderotti’s commentary on Galen’s Tegni and in Albertus Magnus’s and Thomas Aquinas’s Ethics commentaries (especially their treatment of Aristotle’s discussion of justice in the fifth book of the Ethics), and in Thomas’s Summa theologiae. However, in Kaye’s telling only a few scholastic thinkers were perceptive and ‘forward-looking’ enough to fully comprehend and work out the implications of this new model of equilibrium. These included the Franciscan Peter of John Olivi, in his speculations on price and usury; the physicians Arnau of Villanova and Turisanus (Pietro Torregiano); and, in the realm of politics, Marsilius of Padua and Nicole Oresme. Essential to their new understanding of equilibrium was the notion of the ‘self-equalizing system in which order is attained through the dynamic intersection and interchange of parts within the whole’.7 When this ‘model of equalization’ is applied to politics, as it is by Marsilius, it sees that ‘the common whole is an active, self-regulating system (or organism) which must continually correct itself and equalize those individual parts that do not “fit” the plan as it is being arrived at by the whole’.8 None of the friars I write about here likely had the intellectual perspicacity to join Kaye’s group of brilliant scholars ‘who had fully intuited and could apply the new model’.9 They were, however, participants in the same intellectual and political culture described by Kaye, and, like Marsilius of Padua, they were acutely aware of the political structures and dynamics of the Italian communes and of the problems that plagued them. They also contributed to and helped shape the political culture of their cities through their preaching and writings, much of which was directed at the lay political elites. Here it must be admitted that none of the treatments of justice discussed below seems to have directly consulted the De XII abusiuis saeculi, the work constituting the core subject of this volume. Perhaps this is owing to the cultural distance standing between the society experienced and conceived of in the DDAS and the one confronted by our friars; or perhaps it is simply an effect of its absence from the treatment of justice in the works of the author that most influenced them, Thomas Aquinas. Yet despite the real differences between the conceptual frameworks underlying DDAS and the works examined here, all agree that justice is the virtue most applicable to establishing and maintaining beneficial political life and social harmony.10 7 Kaye, A History of Balance, p. 71. 8 Kaye, A History of Balance, p. 328. 9 Kaye, A History of Balance, p. 12. 10 So, for example, the author of DDAS identifies justice as the virtue most associated with kings and as the virtue suffocated by a vicious society, while Thomas Aquinas repeatedly foregrounds justice as the virtue most associated with political life and most necessary to the maintenance

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Figure 10.1: Giotto di Bondone, Iustitia, Cappella Scrovegni (Arena Chapel), Padua, c. 1306.

In what follows we will return to the illustration programme at Padua in order to examine it more closely and consider possible textual influences (other than Augustine) upon it. The focus then shifts to several works of political advice written by four Dominican friars, Remigio de’ Girolami, Tolomeo Fiadoni da of the common good: DDAS, Prol. and 9, ed. Hellmann, pp. 32 and 51–53; Summa Theologiae [ST] Ia IIae q. 60 a. 3, Ia IIae q. 96 a. 3, IIa IIae q. 58 aa. 5–6, IIa IIae q. 81 a. 8 (editio Leonina).

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Lucca (Ptolemy of Lucca), Enrico da Rimini, and Iacopo da Cessole, all of whom were active in the centre-north of Italy around the same time as Giotto was painting the interior of the Scrovegni Chapel. What will become apparent is that for all these writers, as for the designers of the picture cycle in Padua, Justice stood at the very centre of their conception of the well-balanced city, and that its failure precipitated the grim misrule of Injustice, personified in the tyrant.

Giotto’s Justice and Injustice: Likely textual influences All the virtues and vices in Giotto’s picture cycle are represented by an allegorical image under which appears an inscription. Giotto’s figure of Iustitia (Figure 10.1) conveys the very essence of stillness, repose, measure, and balance. She sits within a three-sided chapel (what Mario Sbriccoli calls ‘une chapelle tricuspide’), wearing a closed crown, virginal veil, and long, loose cloak, all of which puts one in mind not only of Cicero’s queen of the virtues, but also of the Ognissanti Madonna, completed by the artist c. 1310, and now in the Uffizi Gallery. Instead of grasping the Christ child, however, each of Iustitia’s hands rests lightly under the trays of an equally balanced scale. As Sbriccoli points out, she does not hold the scale; rather, she performs the function of aequitas, making sure that ‘the trays remain in equilibrium’.11 The two trays represent the two forms of Aristotle’s distributive justice, that is, properly rewarding the good (an angel makes ready to crown a goldsmith, or perhaps a merchant, seated behind his counter) and punishing the bad (an angel/demon beheading or striking a criminal).12 And in this sense, Iustitia’s hands beneath the trays also symbolize the proper balancing of justice and mercy. Giotto’s choice of a goldsmith/merchant for the recipient of reward is likely not arbitrary, since the figure of the merchant can also be read as a reference to Aristotle’s commutative justice: that is, the regulation of fair, equitable exchange. Indeed, according to Sbriccoli: ‘Giotto’s Iustitia seems oriented toward an essential form of reasonable/fair equity. … The balance scale is the objectification of negotiated justice, the mediator of the transaction and the agreement’.13 A scene unfolds beneath Iustitia’s feet that demonstrates the fruits of justice: peace, joy, and free commerce. From left to right, a knight and his 11 Sbriccoli, ‘La triade, le bandeau, le genou’. 12 For the identif ication of the f igure as a merchant, see Frojmovič, ‘Giotto’s Allegories of Justice’, pp. 35, 39; for the goldsmith and possibility that the winged vecchio who strikes the criminal is a demon, see Frugoni, L’affare migliore di Enrico, pp. 301–303. 13 Sbriccoli, ‘La triade, le bandeau, le genou’.

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lady ride out to hunt, three villagers dance to a merry tune, and a pair of merchants ride along, their horses carrying packs of merchandise. The point of all these images is driven home by the verses of the inscription: Perfect Justice weighs everything on a balanced scale; While rewarding the good, she brandishes her sword against the vices. Where she rules, all delight in freedom, and enjoy doing what they like. The good soldier goes hunting, and one sings and plays; For the merchant the way is open, while the robber is nowhere to be seen.14

Giotto’s Iniustitia (Figure 2) is the very anti-type of the virtue it opposes. He sits within the portal of a crumbling wall topped with crenelated battlements perhaps symbolizing Guelf Padua’s enemies, the pro-imperial Ghibelline party. Iniustitia is the very definition of the tyrant, and indeed likely was modelled in part on Ezzelino da Romano, who had tyrannized Padua in the mid-1200s.15 Fangs protrude from his clenched mouth and talons sprout from hands that tightly grip an evil-looking hooked lance and a sheathed rapier-like sword. Trees grow up around him that put one in mind of the selva oscura in which Dante finds himself at the beginning of the Divine Comedy.16 In cruel contrast to the happy and tranquil scene of Iustitia’s rule, the space immediately below Iniustitia assaults the viewer with a shocking picture of ‘disordine, conflitto, violenza, delitto’: One robber grabs at the bridle of a rearing horse, whose murdered rider (again, probably a merchant) lies beneath, while others strip a dead woman, who may also be pregnant; to their right, march two fully armed soldiers.17 The inscription beneath confirms one’s worst fears: What trust Injustice gives to scoundrels! Woodland encroaches; peace, the anchor of law, has fled. Plunder, murder, fraud, and deceit take root; Only the robber walks freely down the highway. 14 ‘Equa lance cuncta librat perfecta Iusticia: / coronando bonos, uibrat ensem contra uicia. / Cuncta gaudent libertate ipsa si regnauerit; / Agit cum iocunditate quisque quod uoluerit. / Miles probus tunc uenatur; cantatur et luditur; / mercatori uia datur: predo tunc absconditur’: ed. Ammannati, p. 55. 15 Frugoni, L’affare migliore di Enrico, pp. 309–312. 16 On Dante’s use of the image of inselvamento to signify ‘the destruction of the ethical and legal fabric of human society brought about by the injustice of individuals’ and the likelihood of him having been influenced by the use of the same image in Taddeo Alderotti’s Etica, an Italian translation of the Summa Alexandrinorum, see Gentili, L’uomo aristotelico, pp. 118–119. 17 Pisani, ‘La concezione agostiniana’, p. 224; Frugoni, L’affare migliore di Enrico, p. 307.

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Figure 10.2: Giotto di Bondone, Iniustitia, Cappella Scrovegni (Arena Chapel), Padua, c. 1306. Image courtesy of Web Gallery of Art, created by Emil Krén and Daniel Marx.

Be gone, Justice! The vices rejoice, the tyrant takes charge. With hands he snatches, with teeth he gnaws: he is like a scourge.18 18 ‘Iniustitia que fiducia malis datur! / Crescunt nemora; iuris anchora, pax fugatur. / Figunt spolia, homicidia, fraus et dolus; / in itinere uadit libere predo solus. / I, Iustitia! Gaudent uitia,

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But if the state of injustice, with its tyranny, rapine, and war, is the deplorable outcome of the absence of justice, it is also a state of disorder, imbalance, and disequilibrium. This message is reinforced in the panels of several of the other virtues and vices. Whereas the virtues radiate calm, balanced repose, the vices are marked by their movement and imbalance. This is especially apparent in the depictions of Fortitudo/Inconstantia and Temperantia/Ira. In the first pair, Fortitude stands foursquare, holding her long shield (of the kind known as a pavis) which rests on the ground; she conveys a sense of steady, solid strength. This is in striking contrast to the whirling, slipping, unsteady young woman representing Inconstancy, the very picture of disequilibrium. Even the floor on which she stands is an inclined plane of polished marble.19 Again in the second pair, Temperance stands motionless in the middle of the frame, her sword sheathed and bound (to signify peace) and face utterly calm, with a bridle lightly held in her mouth to signify moderate and guarded speech.20 As the inscription beneath explains, ‘Those who are endowed with this virtue, temperate by inclination they are always subject to her law’.21 That is, those who have cultivated a temperate habitus are able to moderate their passions at all times. Anger, for her part, is utterly devoid of measure or control. Leaning leftward, to our gaze, with her head thrown back and her face contorted, she tears open her gown, having utterly abandoned her internal equilibrium.22 The message conveyed by the virtues and vices cycle in Enrico Scrovegni’s chapel is that civil peace (not to mention conditions that encourage a good Christian life) is predicated on equitable justice, which assures that each be given one’s due, that rewards and punishments are determined through a prudent and tempered process of deliberatio, and that exchanges are fair and balanced. But if justice is the necessary precondition for social equilibrium and peace, it can only properly do its work in concert with the other moral as well as the theological virtues, for together they act to moderate and balance not only the multifarious and potentially conflictual interests in the social body, but also the destabilizing passions of each of its individual members. By the early years of the fourteenth century, such a view seems stat tyrannus: / Rapit manibus, rodit dentibus: est ut ramnus’: ed. Ammannati, p. 61. The Latin rhamnus can mean ‘bramble’ or other thorny plants. But it was also the name of a village in Greece closely associated with the goddess Nemesis. 19 Pisani, ‘La concezione agostiniana’, p. 224. 20 Frugoni, L’affare migliore di Enrico, p. 298. 21 ‘Hac virtute prediti, / temperati moris / eius legi subditi / sunt in cunctis horis’: ed. Ammannati, p. 45. 22 Pisani, ‘La concezione agostiniana’, p. 221.

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to have been gaining currency among the citizen elites of the communes of Italy’s centre-north. Certainly, this view was being assiduously promoted by members of the mendicant orders, whose views were heavily influenced by a combination of Aristotle’s teaching regarding virtues and the mean, as well as ideas regarding aequitas and justice found in the writings of Cicero and Seneca, in Augustine, and in civil and canon law. The friars probably got exposed to most of the components of this framework of assumptions through the Ethics and Politics commentaries of Thomas Aquinas and Peter of Auvergne, through the former’s treatment of moral philosophy in the Summa theologiae (especially in the secunda secundae), and through Giles of Rome’s De regimine principum.23 Franciscan writers, like Peter John Olivi and Pietro de Trabibus, focused especially on issues of economic justice in the context of questions regarding urban wealth and poverty, whereas the Augustinians’ ideas were especially shaped by the doctor of their order, Giles of Rome (and through him, by Aquinas).24 It was, however, the members of the Order of Preachers who seem to have been most active in propagating these ideas through a number of vehicles, including the gifted preaching in the vernacular of Giordano da Pisa and a number of treatises and works in the Mirrors of Princes genre by Remigio de’ Girolami, Tolomeo da Lucca, Enrico da Rimini, and Iacopo da Cessole.25 If the Augustinian Alberto da Padova was indeed involved in designing the picture cycle of the Scrovegni Chapel, then his ideas about justice and injustice were probably informed at least partly by Giles of Rome’s De regimine principum.26 Moreover, we know that by the time of his death (after 1336) Enrico Scrovegni had come into possession of a copy ‘scriptum in vulgari’, and thus was familiar with the work.27 In the first of De regimine principum’s three books, which treats of ethics (the proper ends of human life, the concept of the mean, the moral virtues, and the passions), Giles 23 For a good overview, see Lambertini, ‘Aristotele e la riflessione politica in Italia nel primo Trecento’. 24 On the Franciscans, see Todeschini, ‘Participer au Bien Commun’; Piron, ‘Marchands e confesseurs’ and L’occupation du monde, pp. 160–176; and Lambertini, ‘L’usura tra Santa Croce e Santa Maria Novella’; on the Augustinians, Pini, ‘Building the Augustinian Identity’. 25 In addition to what follows, see Iannella, ‘Civic Virtues in Dominican Homiletic Literature in Tuscany’, and several of the contributions in The Dominicans and the Making of Florentine Cultural Identity, ed. Bartuschat, Brilli, and Carron. 26 There is no doubt that by 1300 De regimine principum had disseminated widely in Italy, and among the convents of the Augustinians: Briggs, ‘Life, Works, and Legacy’. On Alberto da Padova and Giles, see Bonato and Bottin, ‘Nuove ricerche per un biografia di Alberto da Padova’, p. 175. 27 Frugoni, L’affare migliore di Enrico, pp. 276–277, 351. This is likely to be the Italian translation of 1288.

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devotes considerable attention to the virtue of justice. According to Giles (who is heavily indebted to Aristotle and Aquinas), prudence and justice are the chief moral virtues. Prudence is the intellectual virtue that governs the other moral virtues. It deliberates regarding how one achieves the proper ends in this life, both for oneself and for others.28 As such it is the intellectual virtue that guides deliberation regarding ‘human acts and things that are contingent and are in our power’.29 In the context of deliberations made in the administration of justice, prudence is the virtue which guides the judge in equitably applying the law (which is general) to the specific situations of individual cases. This is what Giles, following Aristotle (Ethics 6.11), calls synesin and, elsewhere, citing Rhetoric 1.13, epiikis id est superiustus.30 Justice, for its part, is the moral virtue of the will.31 It is also the only moral virtue that finds the mean not in reference to itself (as in the case, for example, of fortitude, which is the mean on a scale whose extremes are timidity and rashness) but in relation to others, since as general or ‘legal’ justice, it contains within it the other moral virtues, and as particular or ‘equal’ justice it finds the mean in distributing rewards and punishments (distributive justice) and in regulating fair and equitable exchanges (commutative justice).32 Because justice governs relations between both individuals and the state (distributive justice) and among individuals themselves 28 ‘Prudentia ergo est quidam oculus, quo bonus et debitus finis conspicitur’; ‘Dictum enim est quod per prudentiam dirigimur in bonum finem, in quem inclinant uirtutes morales. Est enim prudentis providere bona sibi et aliis et dirigere se et alios in optimum finem’: Giles of Rome, De regimine principum 1.2.7, p. 64. 29 ‘Prudentia autem est actuum humanorum et rerum contingentium, que sunt in potestate nostra’: Giles of Rome, De regimine principum, 1.2.6, ed. Samaritanius, p. 60. 30 ‘Alia vero per quam bene iudicamus de inuentis, quam Philosophus appellat synesin, idest bene iudicatiuam’: Giles of Rome, De regimine principum, 1.2.6, ed. Samaritanius, p. 61; ‘Ideo dicitur I Reth. quod iudex epiikis idest superiustus debet indulgere humanis, si uiderit delinquentem magis uelle ire ad arbitrium quam ad disceptationem’: Giles of Rome, De regimine principum 3.2.23, ed. Samaritanius, p. 516. See also Aristotle, Ethics, 5.10 and 6.12, trans. William of Moerbeke, ed. Gauthier, pp. 240, 266. The thirteenth-century reception of Aristotle’s concept of epieikeia is treated in Stone, ‘Equity and Moderation’. 31 ‘[I]n uoluntate loquendo de uirtutibus acquisitis principalior sit iustitia’: Giles of Rome, De regimine principum, 1.2.5, ed. Samaritanius, p. 59. 32 ‘Lex igitur universaliter iubet omnem virtutem implere et malitiam fugere. Quare iustitia legalis, idest impletio legis, est quodammodo omnis virtus’: Giles of Rome, De regimine principum, 1.2.10, ed. Samaritanius, p. 71; ‘[O]mnes alie virtutes morales, que perficiunt hominem in se, se videntur habere ad iustitiam que perficit hominem in ordine ad alterum’: Giles of Rome, De regimine principum, 1.2.12, ed. Samaritanius, p. 81; ‘Si autem queratur in ipsis aliquod bonum privatum, erit in eis iusticia equalis. Bonum enim commune resultat ex omni bono civium’: Giles of Rome, De regimine principum, 1.2.10, ed. Samaritanius, p. 72; ‘Ostensum est enim quot sunt modi iusticie, quia quedam est iusticia generalis, que dicitur legalis, et quedam specialis,

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(commutative justice), it is the virtue most crucial to maintaining a polity’s equilibrium. Giles explains this using the metaphor of the body politic, in which commutative justice maintains equilibrium in all manner of exchanges between citizens (just as the body’s members are ordered one to another), whereas distributive justice governs the state’s equitable distribution of rewards and punishments (just as all the members are ordered to the heart).33 Like sickness, any injustice weakens the body; when, however, the system of equitable exchange and distribution gets seriously out of kilter owing to the absence of all or any of the forms of justice, then the city, like a body deprived of its soul, will ‘dissolve’.34 Giles also likens the judge in a trial between litigants to the tongue, which in tasting acts as ‘a mean proportion between sensible things’. So, just as a healthy tongue, not being infected by either the sweet or the bitter, rightly judges the sweet as sweet and the bitter as bitter, so too the just judge, not being partial to either party, rules the just as just and the unjust as unjust.35 The judge is also the mean, however, between the high and the low, that is, between the legislator and whoever’s case is being adjudicated.36 From what has just been said, then, a well-defined ‘model of balance’ evidently infuses Giles of Rome’s conception of justice, prudence, and the que dicitur equalis et hec dupliciter, quia quedam dicitur distributiva, quedam commutativa’: Giles of Rome, De regimine principum, 1.2.10, ed. Samaritanius, p. 74. 33 ‘Ut ergo membra habent ordinem ad se invicem, est in eis quodammodo iusticia commutativa; sed ut ordinantur ad cor, alioquo modo reservatur in ipsis iusticia distributiva’: Giles of Rome, De regimine principum 1.2.11, ed. Samaritanius, pp. 76–77. 34 ‘Sic non quelibet iniusticia corrumpit totaliter regnum et policiam, tamen per quamlibet iniustitiam regnum et politia infirmatur et disponitur ad corruptionem. … Quocunque tamen mondo sumatur iusticia, sine ea civitas vel regnum durare non potest. Bene ergo dictum est quod dicitur in primo Magnorum moralium capitulo de iustitia, quod iustum est quoddam proportionabile et continet urbanitates. Nam sicut anima continet corpus, quia recedente ea dissoluitur corpus et marcescit, sic iustitia continet urbanitates, id est civitates et regna, quia sine ea dissoluitur civitas et non possunt regna subsistere’: Giles of Rome, De regimine principum, 1.2.11, ed. Samaritanius, p. 78. 35 ‘Scire enim debemus quod iudex in iudicando de litigiis, ut recte iudicet, sic debet se habere inter partes litigantes, sicut lingua volens discernere de saporibus … habere se debet inter ipsos sapores. … Est enim sensus media proportio sensibilium et quamdiu non inficitur secundum alterum contrariorum, dat rectum iudicium de sensibus. … dicens amarum esse amarum et dulce dulce. … Sic iudex quando est medius inter litigantes non declinans as alteram partem, quasi regula recta, decet iustum esse iustum et iniustum iniustum’: Giles of Rome, De regimine principum, 3.2.21, ed. Samaritanius, pp. 509–510. 36 ‘Tanquam supremum quidem est rex ipse, vel princeps, vel alius legislator, tanquam medium vero est ipse iudex, sed tanquam infimum est ibi reus, vel incusatus, vel partes litigantes. Est enim iudex medius inter legislatorem et litigantes, et quia medium aliquid debet accipere ab utroque extremorum, iudex tanquam medius aliquid accepit ab utrisque’: Giles of Rome, De regimine principum, 3.2.21, ed. Samaritanius, p. 510.

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moral virtues. The basis of this model is unquestionably Aristotelian, but it is also a model, as Roberto Lambertini and Lidia Lanza have shown, that Giles has drawn both directly from Aristotle’s works of moral philosophy and rhetoric and also via the intermediary of the works of his teacher, Thomas Aquinas.37 The Angelic Doctor’s most extensive treatments of justice are found in his Commentary on Book Five of the Ethics and in the treatise on justice in the Secunda secundae of the Summa theologiae. Most germane to our topic, in the latter work, Thomas considers the subjects of justice as equity and equality (q. 57), as something that orders the parts and the whole of the community to the common good (q. 58, aa. 5–8), as proportion and mean (q. 58, aa. 10–11), and as distributive and commutative justice (q. 61, aa. 1–3). In this last, he gives a detailed explanation of the different kinds of equity governing commutative and distributive justice, with the former being determined according to an arithmetic mean, and the latter by a geometric (i.e. proportional) mean.38 Thomas also discusses Aristotle’s concept of epieikeia in a number of places in the Summa.39 But of considerable relevance to the subject that constitutes the principal focus of this book, Thomas also tackles the subject of injustice. In q. 59, a. 1, it is asked whether or not injustice is a special vice. Thomas’s response is that just as justice is a special virtue, so too injustice is a special vice: Injustice is twofold. First there is illegal injustice, which is opposed to legal justice: and this is essentially a special vice, in so far as it regards a special object, namely the common good which it contemns; and yet it is a general vice, as regards the intention, since contempt of the common good may lead to all kinds of sin. Thus too all vices, as being repugnant to the common good, have the character of injustice, as though they arose from injustice. … Secondly we speak of injustice in reference to an inequality between one person and another, when one man wishes to have more goods, for example riches and honors, and less evils, such as toil and losses, and thus injustice has a special matter and is a particular vice opposed to justice. 40 37 Lambertini, ‘Egidio Romano lettore ed interprete della Politica’; Lambertini, ‘Il filosofo, il principe e la virtù’; 1991; Lambertini, ‘The Prince in the Mirror of Philosophy’; Lanza, ‘La Politica di Aristotele e il De regimine principum’. 38 ST, IIa IIae q. 61 a. 2. 39 ST, Ia IIae q. 96; IIa IIae q. 120; IIa IIae q. 147. 40 ‘[I]niustitia est duplex. Una quidem illegalis, quae opponitur legali iustitiae. Et haec quidem secundum essentiam est speciale vitium, inquantum respicit speciale obiectum, scilicet bonum commune, quod contemnit. Sed quantum ad intentionem est vitium generale, quia per

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Here Thomas tells us that injustice not only despises the common good, but also that that very contempt gives rise to other vices, which lead in turn to further injustice. Moreover, injustice creates inequality between persons. A good bit of the remainder of the treatise on justice goes on, in fact, to enumerate and discuss the many different kinds of injustice. 41

Italian Dominicans on equity, justice, and the common good Because Aristotle’s moral philosophy, and especially the Ethics, was an important component of the curriculum in the universities and the schools of the religious orders, one would expect that his teaching on justice, combined with the reinforcements and modifications of it found in Thomas and Giles, were destined to become part of the mental furniture of late medieval scholastic culture. Nonetheless, this set of assumptions about justice and balance does not seem to have percolated evenly and identically into the wider political culture. It made its way along diverse and asynchronous routes and it encountered and interacted with different audiences in diverse cultural and political environments. Consequently, its impact was not uniform and the form it took differed from place to place. As this chapter has already suggested, it seems to have had an early and influential impact in the self-governing communes of Italy’s centre-north at the turn of the thirteenth and fourteenth centuries. Likely it had much to do with the attraction which a concept of justice as equity, balance, and equilibrium had for a political culture that was so marked by communal identity, social fluidity, and competition for political power, office, and influence among members of the popolo. But it also was owing to the outsize role of the friars in the life of the communes. It is likely not by chance that the two thirteenth-century scholastic authors who contributed the most to the early development of Aristotle’s teaching were both Italian friars. For even if neither Thomas nor Giles could be described as advocates for communal government, their thinking about the social and political context in which justice operated was likely conditioned by their exposure to this form of contemptum boni communis potest homo ad omnia peccata deduci. Sicut etiam omnia vitia, inquantum repugnant bono communi, iniustitiae rationem habent, quasi ab iniustitia derivata. … Alio modo dicitur iniustitia secundum inaequalitatem quandam ad alterum, prout scilicet homo vult habere plus de bonis, puta divitiis et honoribus; et minus de malis, puta laboribus et damnis. Et sic iniustitia habet materiam specialem, et est particulare vitium iustitiae particulari oppositum’: ST, IIa IIae q. 59 a. 1. 41 ST, IIa IIae qq. 63–78, qq. 92–100, qq. 110–116, 118–119.

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polity. 42 And if no definitive ascription has been (or likely can be) made either to the designer (other than Giotto himself, of course) of the virtues/ vices pictorial cycle in the Scrovegni Chapel or to the specific textual sources that inspired it, Pisani’s tentative identification of Alberto da Padova and my suggestion of Aristotelian influence by way of Giles’s De regimine principum are at least plausible. 43 Rendering these ascriptions perhaps more plausible is the certain Dominican authorship of several communally oriented ethico-political texts with a strongly Aristotelian-Thomist cast produced in the cities of the centre-north of Italy during these years. 44 The f irst group of texts we will consider were written by Thomas’s former students, Remigio de’ Girolami (1240s–1319) and Tolomeo da Lucca (c. 1236–1327), both of whom wrote the works under consideration here when they were resident at the Order’s Florentine convent, Santa Maria Novella. Remigio, the scion of a prominent Guelf family who studied theology at Paris during Thomas’s second regency (1269–1272), served as lector at his home convent from c. 1275 until his death. In an effort to pacify the factionalism and violence of his native city, he composed several sermons and treatises on the subject of justice, peace, and the common good, most of which date to the 1290s and first years of the fourteenth century. 45 When in these works he treats of justice, he makes clear, first, that justice is the virtue most necessary for political peace and the common good (which, for Remigio, are virtually synonymous). Remigio admonished the Florentine Priors in a sermon (very likely preached in early July 1295) that when concord, ‘the greatest good of the city’ (summum bonum civitatis), is destroyed by the pride of someone who ‘viciously seeks to be lofty’ (superbia, qua quis vitiose appetit esse sublimis … 42 In his De regno ad regem Cypri, which forms the f irst part of the work completed by his student and confrère Tolomeo da Lucca under the title De regimine principum (discussed below), Thomas evinces a marked preference for monarchy, on the one hand, while also recognizing the legitimacy of good rule by the few (aristocracy) and the many (democracy), and praising the government of the ancient Roman Republic: De regno, 1.2.1–4, trans. Blythe, pp. 63–64 (here I use Blythe’s textual divisions). On Thomas as the likely author of De regno, see Blythe, The Life and Works of Tolomeo Fiadoni, pp. 157–168. And although Giles stakes out a decidedly monarchist position in De regimine principum, he does at one point admit that where the many rule in a city, as is common in Italy (‘Communiter enim in civitatibus Italie dominantur multi’), this rule is good as long as the government of the many looks after the good of people of every status: Giles of Rome, De regimine principum, 3.2.2, ed. Samaritanius, p. 455. 43 Frugoni, L’affare migliore di Enrico, pp. 276–278, also sees evidence of the influence of De regimine principum in the fresco programme. 44 On this see Briggs, ‘Defenders of the Peace’. 45 For Remigio’s biography: Gentili, ‘Girolami, Remigio de’; Mulchahey, ‘Education in Dante’s Florence Revisited’; Jansen, Peace and Penance in Late Medieval Italy, pp. 61–86.

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ex quo nimirum destruitur concordia), ‘[God] reveals that our virtue and justice is the instrument that repairs concord’, and since, ‘according to Isaiah 32[. 17], “Peace will be the work of justice”, no city can be ruled well or in concord without justice, just as a house built on a bad foundation cannot long stand without falling into ruin’. 46 He briefly touches on this theme again in the treatise De bono comuni (1301–1302): ‘In Ecclesiasticus 4[. 33] it is said, “Strive even to death for justice”, by which, of course, the common good of the multitude, that is, peace, is achieved and maintained, according to which Isaiah 32[. 17], “Peace will be the work of justice”’. 47 But how does justice do this work? It does it through a process of wise discernment targeted at maintaining balance and equity in the body politic. Repeatedly Remigio likens both judge and legislator to either a doctor treating a patient or a priest assigning a penance. In every case the judge/ legislator must consider a number of circumstances, discerning ‘between place and place, time and time, person and person, means and means, cause and cause: for something done in one place and time, and to one person, and in one way, and according to one cause, ought not to be done in another place and time, and to another person, and in another way, and on account of another cause’. If he does not do so, and simply applies the letter of the law without discernment, he may well observe an apparent ‘equality’ according to quantity, while violating equality according to proportion (that is, equity) ‘without which there can be no true peace’. 48 All of Remigio’s eighth sermon De pace (probably 1290s) is an extended similitude in which the well-ordered polity is likened to a healthy body, the discretus rector to a wise physician, and a number of virtues to various medical remedies. 49 Last, but 46 ‘[C]oncordie reparatorem instrumentalem ostendit esse uirtutem et iustitiam nostram. … iuxta illud Ysa. .xxxii.: “Erit opus iuxtitie pax”, sine iustitia enim nulla ciuitas potest bene vel in concordia regi, sicut domus non postest sine ruitione diu subsistere que male fundata est.’ This is known as the fourth sermon to the Priors: Salvadori and Federici, ‘I sermoni d’occasione’, pp. 482–483. 47 ‘Item Eccli. 4 dicitur “Usque ad mortem certa pro iustitia”, per quam scilicet bonum comune multitudinis, quod est pax, acquiritur et conseruatur, iuxta illud Ysa. 32 “Erit opus iustitie pax”’; ed. Panella, ‘Dal bene comune al bene del comune’, p. 124. 48 ‘Ad hoc quod congregatio possit ueram pacem habere, precipue indigetur sale discretionis, ut scilicet frater subditus uel prelatus sciat discernere inter locum et locum, inter tempus et tempus, inter personam et personam, inter modum et modum, inter causam et causam; quia aliquid est faciendum in uno loco et tempore et uni persone et uno modo et in una causa quod non esset faciendum in alio loco tempore et alii persone et in alio modo et in alia causa. Equalitatem enim servare in istis secundum quantitatem, esset seruare inequalitatem secundum proportionem, sine qua uera pax esse non potest.’ From the third sermon, De pace (probably 1290s): ed. Panella, p. 189. 49 ‘[I]ta se habet pax ad corpus methaforicum ciuitatis vel cuiuscumque sotietatis seu congregationis sicut se habet sanitas corporalis ad corpus phisicum. Et dicamus quod primo et

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certainly not least among the virtues discussed, is justice, ‘which punishes the bad either by levying fines, as though performing blood-letting, or with expulsion, like the purging of humours, or with death, as if amputating limbs, and rewards the good, as if with diets that vary according to different complexiones’.50 To do this correctly, and thereby maintain balance in the polity, the ruler/judge must be mindful ‘of all the circumstances, namely of time, place, person, etc.’.51 For Remigio, moreover, the discernment of different complexiones and circumstantiae involved not only individuals, but also social classes: Wherefore it is proper sometimes to pass over the faults of princes, the multitude, and even the magnati, and also that something may be punished in one place that is not in another. For in a city dominated by the popolo the magnate can be punished more than elsewhere … and sometimes it is also appropriate to vary sentences on account of different causes either on the side of the one being punished or of the one who punishes’.52

What was at stake in these decisions was the peace, order, and welfare of the commune; thus, it was important not to allow either the letter of the law or legislation made by one group at the expense of another (as had happened, in this particular case, during the populist priorate of Giano della Bella in 1293) to cause harm ‘to the commune or to its more noble part’ (si punitio redundat in bonum vel in malum communis vel nobilioris partis).53 One is frequently reminded of Remigio’s thoughts on justice when reading his confrère Tolomeo da Lucca’s De regimine principum. Some of principaliter facit pacem discretus rector ad modum sapientis medici’: ed. Panella, p. 193. 50 ‘Nono iustitia ad puniendum malos in pecunia ad modum flebothomie, vel in persona expellenda ad modum purgationis humorum vel interficienda ad modum abscisionis membri, et promovendum bonos ad modum diversitatis ciborum secundum diversas complexiones’: ed. Panella, pp. 194–195. 51 Ed. Panella, p. 195: ‘per observationem omnium circumstantiarum scilicet temporis loci persone etc.’ 52 ‘Unde et peccata principum et multitudinum multum oportet pertransire et etiam magnorum interdum, et etiam aliquid esset puniendum in uno loco quod non esset puniendum in alio loco. In civitate namque ubi populus dominatur magis potest puniri magnus quam alibi et cetera; et oportet etiam interdum differre propter diversas causas vel ex parte puniendi vel ex parte punituri.’ From Remigio’s unfinished treatise De iustitia (c. 1295): Capitani, ‘L’incompiuto “tractatus de iustitia”’, pp. 127–128. 53 On this, see Capitani, ‘L’incompiuto “tractatus de iustitia”’; Rupp, ‘Love Justice, You Who Judge the Earth’; Carron, ‘Influences et interactions’.

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this can likely be explained by their common educational experience, as Dominicans taught by Thomas Aquinas.54 But the similarity of their views, not only on justice, but on politics more generally, probably owes as much or even more to their shared background and experience as members of Guelf mercantile elite families in Tuscan communes. Moreover, it is almost certain that Tolomeo was writing De regimine principum while serving as prior of Santa Maria Novella in 1301–1302, and thus when Remigio de’ Girolami was also in residence there, and during the height of the conflict between Black and White Guelfs, which so sorely tried Florence’s communal system of government.55 Interestingly, when Tolomeo first touches on the subject of justice in De regimine principum, he does so when stipulating the regulation of weights and measures in order to guarantee fair and equitable exchange. Weights and measures, he says, ‘are as necessary as the coinage for preserving the government of any lordship, since they are used in the payment of tributes, since their use decreases quarrels and protects fidelity in purchases and sales’.56 Here one is put in mind of Giotto’s Iustitia with her scales and of the inscription near the public scales at the exchange before the church of San Giacomo di Rialto in Venice (almost certainly known to Enrico Scrovegni), reading: ‘At this temple let the law of the merchants be equal, the weights regulated, and the contracts free of fraud.’57 And just as standardized weights and measures ensure the equitable comparison of different and unequal things, so too are the moral virtues necessary for the orderly and harmonious workings of a multitude of disparate persons. The moral virtues, including prudence, justice, fortitude, and temperance, as well as friendship, says Tolomeo, ‘are included under practical action’, and ‘[a]ll of these actions are ordained to another person and therefore require a multitude of persons from which a city is constituted’.58 Likewise, these virtues ‘participate in reason in so far as they are regulated by it’, and ‘[Aristotle] says in Metaphysics 1[.2], “it is for the wise man to order”’ (here one assumes that Tolomeo means that the imposition of order accords 54 On Tolomeo’s relationship with Thomas, see Blythe, The Life and Works of Tolomeo Fiadoni, pp. 64–74. 55 Blythe, The Life and Works of Tolomeo Fiadoni, pp. 52–74, 100–106, 168–169. 56 Ptolemy of Lucca, On the Government of Rulers, 2.14.1, trans. Blythe, p. 136. I have occasionally modified Blythe’s translation with reference to the Latin text found in Ptolomaeus Lucensis, Continuatio S. Thomae De regno (https://www.corpusthomisticum.org/xrp.html). 57 Frugoni, L’affare migliore di Enrico, p. 306: ‘Hoc circa templum sit ius mercantibus aequum, pondera nec uergant, nec sit conuentio praua.’ 58 Ptolemy of Lucca, On the Government of Rulers, 4.3.2, trans. Blythe, p. 222.

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with reason). Order, however, ‘requires a multitude’, since, ‘as Augustine says in The City of God [19.13], “order is the disposition of equal and unequal things, giving to each its due”’.59 After making this rather circular argument about multitudes requiring order and order requiring a multitude, Tolomeo turns to the role of justice in properly ordering the multitude. Justice, according to the ius gentium (Institutes, I.i.1 and Digest, I.i.10), is: ‘the unchangeable and universal will giving to each what is theirs by right’. This is so whether we speak of legal justice, which Aristotle [Ethics, 8.1] calls ‘just domination’, or distributive or commutative justice. All these parts of justice are political. In cities they are all especially necessary; indeed, as Aristotle tells us, without cities there can be no exercise of justice, nor can cities be preserved without justice.60

Thus, justice in all its forms—legal, distributive, and commutative—is the virtue which orders the multifarious and unequal parts of the multitude in such a way that each part gets its proper due, thereby forming a ‘true and perfect polity’ that is like a ‘well-disposed body’. Doing so requires, on the one hand, a recognition of social hierarchy and diversity of functions, ‘so that there is a perfect social congregation when all are properly disposed and operate properly in their own states (in suo statu)’. This, for Tolomeo, conforms ‘with the greatest equity (quod summae aequitatis)’.61 On the other hand, rectors of communes, ‘whether they be called consuls, magistrates, or any other title’, should take circumstances into account in their judgements: It does not detract from their lordship if the law prescribes light punishments according to the nature of the subjects (secundum naturam gentis subiectae), because sometimes in such regions the polity is better preserved by overlooking guilt or dispensing with the penalty. In doing this, the virtue of equity (virtus epicheiae), about which Aristotle [Ethics, 5.10] speaks and which has the effect of decreasing legal justice, seems to be relevant. In this government, it is important to heed the regulations set down by … the blessed Gregory [Letters, II.46, Pastoral Care, 3] … who 59 Ptolemy of Lucca, On the Government of Rulers, 4.3.5–6, trans. Blythe, p. 223. Here the Latin text is: ‘Praeterea: philosophus dicit in primo Metaph., quod sapientis est ordinare. Ordo autem multitudinem requirit. Est enim ordo, ut Augustinus dicit de Civ. Dei, parium dispariumque sua cuique tribuens dispositio: quod sine multitudine esse non potest.’ 60 Ptolemy of Lucca, On the Government of Rulers, 4.3.8, trans. Blythe, pp. 223–224. 61 Ptolemy of Lucca, On the Government of Rulers, 4.23.1–4, trans. Blythe, pp. 271–273.

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tells us that the mode of correction should vary according to the state and quality of the personages involved.62

Like Remigio de’ Girolami, Tolomeo da Lucca leaves us in no doubt about his preference for the kind of government found in the free communes of the Italy of his day. For these Tuscan friars, because cities such as Lucca and Florence follow in the tradition of the Republican Romans that they both so revered, the citizens of these cities, as Tolomeo says, ‘have a virile spirit, a bold heart, and a confidence in their intelligence’ that make them especially suited to political rule (principatu politico) and ‘less able to be subjected than others … unless the lords tyrannized’.63 Tolomeo goes on to name those parts of the centre-north of Italy (Liguria, Emilia, Lombardy) where many cities have been subjected to the rule of signori. None of these lords, he says, ‘could have rule for life except by the path of tyranny’. The one exception to this, however, ‘is the doge of Venice (duce Venetiarum), but he has a temperate government’.64 It is this temperate government of Venice that Remigio’s and Tolomeo’s contemporary, Enrico da Rimini, praises and provides counsel to in his De quattuor virtutibus cardinalibus ad cives Venetos, likely composed in the first decade of the 1300s. During this time Enrico was prior of Venice’s Dominican convent, SS Giovanni e Paolo, and also served on a number of diplomatic missions, both for the Venetian Republic and for the pope.65 Although nothing is known for certain about his education, the De quattuor virtutibus exhibits considerable knowledge of Thomas Aquinas’s works, as well as of a broad range of sources ranging from Aristotle and the Roman classics to patristic and medieval Christian theology and canon and civil law. This evidence of advanced learning suggests that he spent at least some time at one of the Dominicans’ studia generalia. De quattuor virtutibus has drawn the attention of scholars mostly thanks to its containing the earliest description of Venice’s mixed constitution.66 But what has gone unremarked is that Enrico’s admiring description of Venice’s government happens in the part of the treatise dedicated to the cardinal virtue 62 Ptolemy of Lucca, On the Government of Rulers, 4.8.5–6, trans. Blythe, p. 239. 63 Ptolemy of Lucca, On the Government of Rulers, 4.8.4, trans. Blythe, pp. 238–239. On Remigio’s and Tolomeo’s respect for the ancient Romans, see Davis, Dante’s Italy and Other Essays, pp. 198–223, 254–289. 64 Ptolemy of Lucca, On the Government of Rulers, 4.8.4, trans. Blythe, p. 239. 65 Casagrande, ‘Enrico da Rimini’. 66 Robey and Law, The Venetian Myth and the “De Republica Veneta’, pp. 12–13; Blythe, Ideal Government and the Mixed Constitution, pp. 282–283; Viroli, From Politics to Reason of State, pp. 39–41.

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of justice, in the section where he considers which sort of ‘congregation of men is suited to maintaining the precepts of justice’.67 Following Thomas, he prefers monarchy to the other two forms of legitimate constitution, aristocracy and polity; but also like Thomas, he recommends a ‘tempered’ monarchy, that is, one that also contains elements of the other two constitutional forms.68 Enrico calls this a principatus mixtus ex tribus and he identifies Venice as the best contemporary example of such a mixed constitution.69 Reading the particulars of Enrico’s description it becomes apparent that what he most admires about the Venetian constitution is its capacity to assist justice in keeping the disparate parts of the whole body politic in balance, in equilibrium. Indeed, for Enrico, the whole point of justice is to keep things in balance, to make one thing equal to another (Erit ergo iusticia virtus adequans unum cum altero).70 In the first part of the treatise on justice, he exhaustively treats the subject in terms of how its three forms—distributive, commutative, and legal—instantiate different kinds of equality (that is, quantitative and proportional) involving different agents (that is, private individuals toward one another, private individuals toward the state, and the common good toward all the virtues).71 Here one is very much put in mind of both Thomas’s and Giles’s treatment of the same subject. Enrico then moves from Aristotelian-Thomist theory to a more Ciceronian-Augustinian treatment of justice as the principle of order and peace. ‘Peace’, he writes, ‘is the end toward which the rule of the city is directed’ (Finis enim qui intenditur in regimine civitatis est pax). When, however, people ignore the precepts of legal justice and pursue their private good over the public good ‘the order of the polity is undermined; and so peace, which is the tranquillity of order, according to Augustine [De civitate Dei 19.13] is undone’.72 Deviating from the rules of distributive and commutative justice will also break the bonds of concord. In the case of distributive justice: ‘when diverse things are joined together under one authority, if they are not arranged by it according to diverse proportions, the entire order 67 ‘Principium iusticie susceptivum … restat, est hominum congregatio que sit apta precepta iusticie suscipere’: Enrico da Rimini, De quattuor virtutibus cardinalibus, tract. 2.4.10 (fol. 45r). 68 Thomas Aquinas, Summa Theologiae Ia IIae q. 105 a. 1; Thomas Aquinas, De regno, 1.7.2, trans. Blythe, p. 74. 69 Enrico da Rimini¸ De quattuor virtutibus cardinalibus, tract. 2.4.16 (fol. 48r). 70 Enrico da Rimini, De quattuor virtutibus cardinalibus, tract. 2.1 (fol. 36r). 71 Enrico da Rimini, De quattuor virtutibus cardinalibus, tract. 2.2.1–3 (fols 37r–38v). 72 ‘[O]rdo policie pervertitur, et sic pax, que secundum Augustinum est tranquillitas ordinis, perit’: Enrico da Rimini, De quattuor virtutibus cardinalibus, tract. 2, ch. 3.1 (fol. 38v).

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of those that are ruled is dispersed and destroyed, just as can be seen in musical harmony, where strings, if they are not played proportionally, according to their diverse dispositions, return a disordered and confused sound; and thus the harmonic concord is ruined. And so too in a multitude, where there are many of diverse conditions and merits, if honours, dignities, and offices, as well as labours and expenses, be not proportionally distributed to them by the magistrate, a dreadful discord will arise at once among the inhabitants, and consequently the whole political order is gradually corrupted’.73

So too with commutative justice, ‘when many are reciprocally engaged with one another [in commerce or contracts] and one be not adapted to another, that many will break apart’.74

Conclusion: Equity in Iacopo da Cessole’s Game of Chess Over and over again in the writings of these Italian friars and in the fresco cycle of the virtues and vices painted by Giotto in Enrico Scrovegni’s chapel, we see the same themes play out. Justice is the foundation of order and concord in the polity because it keeps everything in balance among and between the citizens, and between the citizens and the government. However, justice must be closely guarded and tended because the forces of disequilibrium and discord never sleep and always threaten not only social disharmony and civil disorder, but even the dissolution of the comune (meaning both the common good and the commune itself). Giotto, the friars discussed up to this point, and their immediate audiences were all too aware of what this could, and often did, lead to in their world: vendetta, bitter factionalism, 73 ‘[Q]uando aliqua diuersa sub una uirtute continentur, nec ordinantur ab ea secundum diuersas proportiones, totus ordo eorum que reguntur dissipatur et corrumpitur, ut patet in armonia musicali, ubi corde nisi a uirtute manus secundum harum diversas dispositiones proportionaliter tangantur, sonum inordinatum et confusum reddunt, et sic concordia armoniaca rumpitur. Sic etiam in multitudine, ubi sunt multi diuersarum conditionum et meritorum, nisi proportionaliter honores, dignitates, et officia, insuper labores et expense eis a presidente distribuantur, mirabilis dissonantia inter simul habitantes oritur, et per consequens totus ordo policie paulatim ad corruptionem disponitur’: Enrico da Rimini, De quattuor uirtutibus cardinalibus tract. 2.3.2 (fol. 39r). Here Enrico borrows (perhaps by way of John of Wales’s Communiloquium I, dist. 1, ch. 2) from Augustine, De ciuitate Dei, 2.21, ed. Dombart and Kalb, p. 53, who in turn relies on Cicero, De re publica, II.42, ed. Ziegler, p. 65. 74 ‘Videmus enim quod quando multa adinvicem adunantur, et unum alteri non coaptatur, illa multa dissolvuntur’: Enrico da Rimini, De quattuor virtutibus cardinalibus, tract. 2.3.3 (fol. 39v).

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war, and vulnerability to tyrannical rule. These were the all-too-evident bitter fruits of injustice. In many ways the model of justice and injustice examined here seems as distant from that expressed in DDAS as does early Trecento Italy from seventh-century Ireland. One looks in vain for any mention of aequitas, aequalitas, or bonum commune in DDAS, just as one perceives no obvious echoes of this Hiberno-Latin work in the writings we have examined thus far. Different worlds, different models. And yet, in one text produced c. 1300 by an Italian Dominican, there may be the faintest hints of DDAS. This is the Libellus de moribus hominum et de officiis nobilium super ludo scaccorum, or Game of Chess, of the Piedmontese/Ligurian friar Iacopo da Cessole. We know very little about Iacopo beyond that he hailed from Cessole, near Asti, where he entered the Dominican order at an unspecified date. In 1288 he is recorded among the founders of the Dominican convent in Savona and had likely been transferred to the convent of San Domenico in nearby Genoa by around 1300. There he likely composed Game of Chess and seems to have remained until his death in around 1325.75 The Game of Chess is a work of moral/political advice that likens the ideal realm to a chessboard whose pieces represent several different functional groups in society, which he divides into two main categories of ‘nobles’ and the ‘people’. Iacopo assigns specific duties and virtues to each group and illustrates his lessons with copious exempla drawn largely from Vincent of Beauvais, John of Salisbury, and Valerius Maximus. He also lays great stress on the primacy of justice as the greatest of the civic virtues. Indeed, the game of chess, he says, was invented by ‘a certain philosopher of the East, named Xerxes among the Chaldeans, and Philometer among the Greeks, which name among the Latins means “lover of measure and justice”’.76 The mention of measure here is a signal that in the Game of Chess, as in our other mendicant authors and the fresco panel in Padua, justice is repeatedly tied to equity and balance. Judges, according to Iacopo, should be moved neither by love nor hate when making judgements, ‘Whence a certain versifier said: “All love is blind and cannot be an equitable judge.”’77 Then, he quotes from Walter of Chatillon’s Alexandreis, ‘If, judge, you happen upon a dispute, moderate the balance of judgement’, and continues with 75 Labriola, ‘“Allegoria del buon governo”’. 76 ‘[P]hilosophus quidam orientalis, nomine Hyerses apud Chaldaeos, Philometro apud Graecos, quod idem est apud Latinos quam mensurae vel iustitiae amator’: Iacopo da Cessole, Liber de moribus hominum, ed. Koepke, p. 2. 77 ‘Unde quidam versificator ait: Omnis amor caecus, non est amor arbiter aequus’: Iacopo da Cessole, Liber de moribus hominum, ed. Koepke, p. 8.

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a grisly story taken from Helinand of Froidmont in which the Persian king Cambyses flays an unjust judge and then makes the judge’s son sit in a chair covered with his skin, ‘so that the son would be afraid to judge unjustly, dreading the judgement and penalty of his father, he would hold in balance the platters of the scale’.78 Later, speaking of the justice of knights, Iacopo enumerates the laws of ‘the noble knight’ Lycurgus, among which was the requirement that ‘all the lands be divided equally, so that the equality of inheritance hindered anyone from being more powerful than anyone else’.79 And, f inally, when discussing the virtues of royal officials, after admonishing them that ‘they must be resplendent in justice, because she is the brilliant mistress of the virtues’, says of the Romans that ‘they wanted the laws to be just, so that those whom they sent out to govern would, in upholding the laws, be unable to stray from the scales of justice’.80 Iacopo’s frequent association of justice with equity and balance lets us know that he is a product of the same intellectual and cultural world as the one inhabited by Giotto and Enrico Scrovegni, and by his fellow Dominicans. Indeed, I agree with Ada Labriola’s recent assertion that Iacopo, like his Dominican Tuscan contemporaries Giordano da Pisa and Remigio de’ Girolami ‘was a convinced supporter of the need for order and harmony to rule in the new urban society’.81 And yet, Iacopo’s decision to use the game of chess as a metaphor for urban society requires that he divide that society into several discrete, stereotyped groups, defined not only by their function, but also by their status. This looks a bit like the ordering principle in the DDAS; but more to the point of this chapter, it has an affinity with the structuring framework adopted, as Kathleen Neal argues elsewhere in this volume, by a Franciscan contemporary of several of our friars during their years at Paris, John of Wales, in his Communiloquium. Recent work by Pamela Kalning has shown that Iacopo relied heavily on John of Wales’s Breuiloquium as the intermediary source for most of his material; and, while he cited it less frequently, he was also

78 ‘Gualterus in Alexandride: Si lis inciderit te iudice, dirige libram iudicii’; ‘ut filius timeret iniuste iudicare, poenam patris et iudicium horrens iustitiam librae lance teneret’: Iacopo da Cessole, Liber de moribus hominum, ed. Koepke, p. 8. 79 ‘[F]undos omnes aequaliter diuisit, ut aequa patrimonia neminem aliis potentiorem redderent’: Iacopo da Cessole, Liber de moribus hominum, ed. Koepke, p. 12. 80 ‘Iustitia luceant regni uicarii quia ipsa est praeclara uirtutum magistra’; ‘Romani praeterea iustas leges esse uoluerunt, ut quos ad regimen delegabant, seruando leges a libra iustitiae deuiare non possent’: Iacopo da Cessole, Liber de moribus hominum, ed. Koepke, pp. 12–13. 81 Labriola, ‘“Allegoria del buon governo”’, p. 56.

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familiar with John’s Communiloquium.82 This being so, then it could well be that the Welsh Minorite provided the bridge between the early medieval Irish author of DDAS and the late medieval Italian Dominican compiler of the Game of Chess. Doubtless, over the course of justice’s transit between one end of the bridge and the other, the framework within which it operated had changed, but its primacy among the virtues ruling political life remained the same.

Bibliography Primary Sources Ammannati, Giulia, ed., Pinxit industria docte mentis. Le iscrizioni delle allegorie di Virtù e Vizi dipinte da Giotto nella Cappella degli Scrovegni (Pisa: Edizioni della Normale, 2017). Aristotle, Ethics, trans. by William de Moerbeke, Aristoteles Latinus, XXVI.1–3, fasc. quartus, ed. by R. A. Gauthier (Leiden: Brill, 1973), pp. 375–588. Cicero, De republica, ed. K. Ziegler (Leipzig: Teubner, 1969). Enrico da Rimini, De quattuor virtutibus cardinalibus (Strasbourg, 1472–1475). Giles of Rome, De regimine principum libri III (Rome, 1607), ed. by Hieronymus Samaritanius (Rome: B. Zannettum, 1607; repr. Aalen: Scientia Verlag, 1967). Iacopo da Cessole, ed. by Ernst Koepke, ‘Liber de moribus hominum ac officiis nobilium sive super ludo scaccorum’, in Jahresbericht der Mitteilungen aus den Handschriften der Ritter Akademie zu Brandenburg, 2 (Brandenburg: Havel, 1879), pp. 1–36. Ptolemy of Lucca, On the Government of Rulers/De regimine principum. Ptolemy of Lucca with Portions attributed to Thomas Aquinas, trans. by James M. Blythe (Philadelphia: University of Pennsylvania Press, 1997). Remigio de’ Girolami, ed. by Emilio Panella, ‘Dal bene comune al bene del comune: I trattati politici di Remigio dei Girolami nella Firenze dei bianchi-neri’, in Politica e vita religiosa a Firenze tra ‘300 e ‘500, Memorie Domenicane, n.s. 16 (1985), 1–198. Remigio de’ Girolami, ed. by Ovidio Capitani, ‘L’incompiuto “tractatus de iustitia” di fra’ Remigio de’ Girolami († 1319)’, Bullettino dell’Istituto storico italiano per il Medio Evo e Archivio muratoriano, 72 (1960), 91–134. Remigio de’ Girolami, ed. by Giulio Salvadori and Vincenzo Federici, ‘I sermoni d’occasione, le sequenze e i ritmi di Remigio Girolami Fiorentino’, in Scritti vari di filologia a Ernesto Monaci (Rome: Forzani, 1901), pp. 455–508. Thomas Aquinas, Summa Theologiae, Opera omnia, vols 4–11 (Rome: Editio Leonina, 1888-1905). 82 Kalning, ‘Virtues and Exempla in John of Wales and Jacobus de Cessolis’.

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Secondary sources Bartuschat, Johannes, Elisa Brilli, and Delphine Carron, eds, The Dominicans and the Making of Florentine Cultural Identity (13th–14th Centuries) (Florence: Firenze University Press, 2020). Blythe, James M., Ideal Government and the Mixed Constitution in the Middle Ages (Princeton: Princeton University Press, 1992). Blythe, James M., The Life and Works of Tolomeo Fiadoni (Ptolemy of Lucca) (Turnhout: Brepols, 2009). Bonato, Arianna and Francesco Bottin, ‘Nuove ricerche per un biografia di Alberto da Padova’, in Alberto da Padova e la cultura degli agostiniani, ed. by Francesco Bottin (Padua: Padova University Press, 2014), pp. 165–188. Briggs, Charles F., ‘Defenders of the Peace: The Political Thought of Marsilius’s Italian Dominican Contemporaries’, in Marsilius of Padua: Between History, Politics, and Philosophy, ed. by Alessandro Mulieri, Serena Masolini, and Jenny Pelletier (Turnhout: Brepols, 2023), pp. 215–252. Briggs, Charles F., ‘Life, Works, and Legacy’, in A Companion to Giles of Rome, ed. by Charles F. Briggs and Peter S. Eardley (Leiden: Brill, 2016), pp. 6–33. Carron, Delphine, ‘Influences e interactions entre Santa Maria Novella et la Commune de Florence. Une étude de cas: les sermons de Remigio de’ Girolami (1295–1301)’, in The Dominicans and the Making of Florentine Cultural Identity (13th–14th Centuries), ed. by Johannes Bartuschat, Elisa Brilli, and Delphine Carron (Florence: Firenze University Press, 2020), pp. 53–68. Casagrande, Carla, ‘Enrico da Rimini’, in Dizionario biografico degli Italiani, 42 (1993), n.p. (Online: https://www.treccani.it/enciclopedia). Davis, Charles T., Dante’s Italy and Other Essays (Philadelphia: University of Pennsylvania Press, 1984). Frojmovič, Eva, ‘Giotto’s Allegories of Justice and the Commune in the Palazzo della Ragione in Padua: A Reconstruction’, Journal of the Warburg and Courtauld Institutes, 59 (1996), 24–47. Frugoni, Chiara, L’affare migliore di Enrico. Giotto e la cappella Scrovegni (Turin: Einaudi, 2008). Gentili, Sonia, ‘Girolami, Remigio de’, Dizionario biografico degli Italiani, 56 (2001), n.p. (Online: https://www.treccani.it/enciclopedia). Gentili, Sonia, L’uomo aristotelico alle origini della letteratura italiana (Rome: Carocci, 2005). Iannella, Cecilia, ‘Civic Virtues in Dominican Homiletic Literature in Tuscany in the Thirteenth and Fourteenth Centuries’, Medieval Sermon Studies, 51 (2007), 22–32. Jansen, Katherine L. Peace and Penance in Late Medieval Italy (Princeton: Princeton University Press, 2018).

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Kalning, Pamela, ‘Virtues and Exempla in John of Wales and Jacobus de Cessolis’, in Princely Virtues in the Middle Ages, 1200–1500, ed. by István P. Bejczy and Cary J. Nederman (Turnhout: Brepols, 2007), pp. 139–176. Kaye, Joel, A History of Balance, 1250–1375: The Emergence of a New Model of Equilibrium and its Impact on Thought (Cambridge: Cambridge University Press, 2014). Labriola, Ada, ‘“Allegoria del buon governo” nel Libro del gioco degli scacchi di Jacopo da Cessole’, Paragone (Arte), 65, no. 114–115 (2014), 54–65. Lambertini, Roberto, ‘Aristotele e la riflessione politica in Italia nel primo Trecento’, in La filosofia in Italia al tempo di Dante, ed. by Carla Casagrande and Gianfranco Fioravanti (Bologna: Mulino, 2016), pp. 165–190. Lambertini, Roberto, ‘Il filosofo, il principe e la virtù: note sulle ricezione e l’uso dell’Etica Nicomachea nel De regimine principum di Egidio Romano’, Documenti e studi sulla tradizione filosofica medievale, 2 (1991), 239–279. Lambertini, Roberto, ‘Philosophus videtur tangere tres rationes: Egidio Romano lettore ed interprete della Politica nel terzo libro del De regimine principum’, Documenti e studi sulla tradizione filosofica medievale, 1 (1990), 277–325. Lambertini, Roberto, ‘Political Thought’, in A Companion to Giles of Rome, ed. by Charles F. Briggs and Peter S. Eardley (Leiden: Brill, 2016), pp. 255–274. Lambertini, Roberto, ‘The Prince in the Mirror of Philosophy: Uses of Aristotle in Giles of Rome’s “De regimine principum”’, in Les philosophies morales et politiques au Moyen Âge, ed. by Carlos B. Bazàn, Eduardo Andùjar, and Léonard G. Sbrocchi (Ottowa: Legas, 1995), iii, pp. 1522–1534. Lambertini, Roberto, ‘L’usura tra Santa Croce e Santa Maria Novella: Pietro de Trabibus e Remigio de’ Girolami a confronto’, in The Dominicans and the Making of Florentine Cultural Identity (13th–14th Centuries), ed. by Johannes Bartuschat, Elisa Brilli, and Delphine Carron (Florence: Firenze University Press, 2020), pp. 193–205. Lanza, Lidia, ‘La Politica di Aristotele e il De regimine principum di Egidio Romano’, Medioevo e Rinascimento, 15 (2001), 19–75. Mulchahey, M. Michèle, ‘Education in Dante’s Florence Revisited: Remigio de’ Girolami and the Schools of Santa Maria Novella’, in Medieval Education, ed. by Ronald B. Begley and Joseph W. Koterski (New York: Fordham University Press, 2005), pp. 43–81. Pini, Giorgio, ‘Building the Augustinian Identity: Giles of Rome as Master of the Order’, in Philosophy and Theology in the Studia of the Religious Orders and at Papal and Royal Courts, ed. by Kent Emery, Jr., William J. Courtenay, and Stephen M. Metzger (Turnhout: Brepols, 2012), pp. 409–425. Piron, Sylvain, ‘Marchands et confesseurs: le Traité des contrats d’Olivi dans son contexte’, in L’argent au Moyen Âge: XXVIIIe congrès de la S.H.M.E.S. (Paris: Publications de la Sorbonne, 1998), pp. 289–308.

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Piron, Sylvain, L’occupation du monde (Brussels: Zones Sensibles, 2018). Pisani, Giuliano, ‘La concezione agostiniana del programma teologico della Cappella degli Scrovegni’, in Alberto da Padova e la cultura degli agostiniani, ed. by Francesco Bottin (Padua: Padova University Press, 2014), pp. 215–268. Robey, David, and John Law, ‘The Venetian Myth and the “De Republica Veneta” of Pier Paolo Vergerio’, Rinascimento, 2nd ser., 15 (1975), 3–59. Rupp, Teresa, ‘“Love Justice, You Who Judge the Earth”: Remigio dei Girolami’s Sermons to the Florentine Priors, 1295’, in Preaching and Political Society from Late Antiquity to the End of the Middle Ages, ed. by Franco Morenzoni (Turnhout: Brepols, 2013), pp. 251–263. Sbriccoli, Mario, ‘La triade, le bandeau, le genou: droit et procès pénal dans les allégories de la Justice du Moyen Âge à l’âge moderne’, Crime, Histoire & Sociétés/ Crime, History & Societies, 9.1 (2005), n.p. (Online: http://chs.revues.org/382). Stone, Martin W.F., ‘Equity and Moderation: The Reception and Uses of Aristotle’s Doctrine of ἐπιείκεια in Thirteenth-Century Ethics’, Documenti e studi sulla tradizione filosofica medieval, 27 (2006), 121–156. Todeschini, Giacomo, ‘Participer au Bien Commun: la notion franciscaine d’appartenance à la civitas’, in De Bono Communi: The Discourse and Practice of the Common Good in the European City (13th–16th c.), ed. by Elodie LecuppreDesjardin and Anne-Laure van Bruaene (Turnhout: Brepols, 2010), pp. 225–235. Viroli, Maurizio, From Politics to Reason of State: The Acquisition and Transformation of the Language of Politics 1250–1600 (Cambridge: Cambridge University Press, 1992).

About the author Charles F. Briggs is Senior Lecturer in History at the University of Vermont. Specializing in the intellectual and political culture of late medieval Europe, he has published broadly on textual culture and political thought, especially at the universities and in the orders of mendicant friars. His current research involves a reassessment of early Renaissance humanism.

11

Some Late Franciscan Rewritings of the Twelve Abuses Sylvain Piron

Abstract A distinct version of the De XII abusiuis saeculi appears among documents produced by the Fraticelli in late fourteenth-century Florence, in the Tuscan vernacular. The same document is also preserved in Latin among works by Peter John Olivi, copied by Bernardino da Siena in the 1420s, presumably out of materials confiscated from a group of Fraticelli. The chapter discusses the possibility of Olivi’s authorship of this piece, and argues that this list of abuses represents in any event a summary of a vision shared by Olivi and his disciples regarding the corruption of the Church and of the social world that calls for the coming of the Antichrist. It also discusses and edits another reworking of these abuses among the works of Bernardino da Siena. Keywords: Fraticelli, spiritual Franciscans, Peter John Olivi, Bernardino da Siena, religious reform

The circulation of the De XII abusiuis saeculi among thirteenth-century Franciscans was so intense that it is not entirely surprising to find a new version appearing at the time when the Observants took hold of the books of the Spirituals in the early fifteenth century. The item we shall discuss in this final chapter features in the codex Siena, Biblioteca Comunale degli Intronati, MS U.V.5. This small size volume was entirely copied and annotated by Bernardino da Siena himself (1380–1444) at an early stage of his preaching career, probably in the first part of the 1420s.1 After some extracts from 1 Pacetti, ‘I codici autograf i di S. Bernardino da Siena’; De Pierro, ‘Lo scriptorium di san Bernardino ’, pp. 29–105.

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_ch11

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Bonaventure’s De triplici via and Itinerarium mentis in Deum, it comprises a series of excerpts from a large array of writings by the main Spiritual Franciscan authors: Peter John Olivi, Ubertino da Casale, Jacopone da Todi and Ugo Panziera. Olivi is by far the most frequently represented writer in a collection that reflects the contents of a remarkable selection of prohibited texts to which Bernardino had access. It has long been noted that the early Italian Observant theologians and preachers, and in the first place, Bernardino, made abundant use of the writings of the Spirituals, especially Olivi and Ubertino. 2 The way in which they could access those works is less often stressed. Throughout the fourteenth century, dissident groups carefully kept at hand the documents that defined the basis of their opposition to the papacy and the Franciscan hierarchy, after they had broken their allegiance to John XXII and the leaders of the Order. In the wake of the condemnation and execution of four friars in Marseilles in May 1318, a group of Languedoc Spirituals moved to the kingdom of Naples. They were apparently carrying with them a cupboard that contained a large part of the books preserved at the Franciscan convent in Narbonne, which had been the last stronghold of Olivi’s followers.3 This material was then disseminated across Italy, as the dissidents took refuge in different parts of the Peninsula. Yet the core materials appear to have remained within a portable library until at least the 1340s, when a rich anthology of its contents was composed in the Marches. 4 In the last decades of the century, as various groups of Fraticelli, as they are now usually called, fell to the hands of inquisitors, their treasures were seized, sometimes copied for the convenience of their persecutors.5 The collection of books that Bernardino came across when he gathered the material present in cod. U.V.5 had most certainly been confiscated a few years or decades earlier by a Tuscan inquisitor.

An adaptation of DDAS in Latin and the vernacular The strongest proof that this is the case is provided by the presence of the same peculiar rephrasing of DDAS, in the vernacular, in a middle size codex 2 Rusconi, ‘La tradizione manoscritta delle opere degli Spirituali’. 3 For a general view, Burr, The Spiritual Franciscans. 4 Piron, ‘La bibliothèque portative des fraticelles’, 1. 5 Delmas-Goyon, Montefusco, and Piron, ‘Un peu de neuf’, shows that the famous codex Little was copied in Venice around 1400 out of confiscated materials for the local inquisitor.

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Table 11.1: An adaptation of DDAS in Latin and the vernacular Siena, Bibl. Com., MS U.V.5, fol. 20ra Nota quod secundum P. I. tempore antechristi erunt 12 abusiones que sequuntur

Primo predicatores absque bona vita. Secundo religiosi sine bona doctrina. Tertio clerici sine scientia. Quarto clerici fingentes honestatem et persequentes castitatem. 5° filii non impendentes honorem parentibus, sive patribus et matribus. 6° quanto antiquiores, tanto nequiores. 7° peccatores sine humilitate. 8° populus absque vera amicitia. Nono divites absque nullo pietate. Decimo, mercatores sine fidelitate et sine ulla veritate. Undecimo reges et principes sine iustitia. Duodecimo pastores animarum sine ulla cura ovilis.

Florence, BNC, MS Magl. XXXIV 76, fol. 119r  Queste sono XII abusioni le quali per lo rafredamento della charitade intorno all’avenimento d’anticristo si vedra nelgli abitanti la terra. La prima: i predichatori sança buona vita. La seconda: i religiosi sança buona doctrina. La terça: i maestri sança directa scientia. La quarta: i cherici inchasti. La quinta: i figliuoli inreverenti. La sexta: gli anthichi malvagi. La setttima: i pecchatori superbi. L’octava: i poveri sança vera amista. La nona: i ricchi sança piata. La decima: i merchatanti sança fede et verita. La undecima: i principi sança giustitia. La duodecima: y pastori sança chura delle pechore

written on paper, produced by the Fraticelli themselves, soon after 1389. This codex (Florence, Biblioteca Nazionale Centrale, Magliab. XXXIV 76) contains a chronicle in which the dissidents recount their tribulations and explain the meaning of their persecution and resistance, forcefully claiming Peter John Olivi as their initial inspiration. This exceptional document was partially edited by Felice Tocco more than a century ago, but has failed so far to attract much research.6 Both versions of this rephrasing of DDAS are unedited. For the sake of clarity, it is easier to present them in parallel (Table 11.1). [From the Latin: Note that according to P. I. [Peter John Olivi], in the time of the Antichrist there will be the twelve abuses which follow: Firstly, preachers without a good life. Secondly, religious without good teaching. Thirdly, teachers [to be corrected to masters] without science. Fourthly, clerics feigning an upright life and pursuing chastity. Fifthly, sons not giving honour to parents, whether fathers or mothers. 6 Tocco, Studii francescani, pp. 512–527. More recently, Bischetti, Montefusco, and Piron, ‘La bibliothèque portative des fraticelles’, 2.

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Sixthly, the older people are, the more wicked. Seventhly, sinners without humility. Eighthly, a people without true friendship. Ninthly, rich people without any piety. Tenthly, merchants without fidelity and without any truthfulness. Eleventhly, kings and princes without justice. Twelfthly, pastors of souls without any care for their flock.]

As the parallel columns clearly show, both versions agree on a list of twelve abuses that has no equivalent elsewhere. The fact that the twelve categories mentioned are all social groups, as in the original Hiberno-Latin version, and do not include forms of behaviours as in Hugh of Fouilloy’s reformulation under the title of De XII abusionibus claustri, preserved within the De claustro animae, would tend to suggest that this new list was more likely drawn up on the basis of DDAS, updating the various categories for a new social context. The main discrepancies between the two versions are to be found in the titles. While the reference to the time of Antichrist is present on both sides, only the Latin version conveys an ascription to ‘P. I.’, that is, the usual abbreviation for P I Olivi. For its part, the vernacular text adds a reference to ‘the cooling of charity’ that shall be observed ‘in the inhabitants of the earth’, which places the general decay described here in the apocalyptic context of Matthew 24. The exact parallel in the enumeration of the twelve abuses allows us to correct a lapsus calami in Bernardino’s rendering that mentions twice the clerici, while the first instance (line 3) certainly relates to the magistri. We can observe a tendency in the Tuscan version to slightly abbreviate the longest lines (4, 5 and 6), or leave out a word or two in the final ones (11, 12). The only case in which the translation is not exactly literal does not betray any meaningful variant since, in opposition to the ‘rich’ (divites, ricchi), the ‘people’ (populus) could easily be conceived as the ‘poor’ (poveri). The presence of a few simplifications in the vernacular version might therefore be an indication that the Latin text represents the original. At any rate, the reformulation of the original list of twelve abuses clearly displays a mendicant perspective. The moral and religious guidance of an urban society should be provided by ‘preachers’, ‘religious’, ‘clerics’ and ‘masters’, all occupying the first ranks, while the secular clergy (pastores animarum) is relegated to a final category. The depravation of the religious leaders concerns both behaviour (‘without a good life’, ‘feigning honesty’, ‘without chastity’) and knowledge (‘without good doctrine’, ‘without science’). Such a disastrous picture echoes well the complaints about the

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corruption of the higher clergy and the head of the Franciscan Order that was widespread among the Spirituals. The moral failure of the leaders is not compensated for by the various strata of society. Some of the groups mentioned were already present in the original version of DDAS, but their wrongdoings are more vividly depicted here. The children are failing to show respect to their parents of both sexes, the elderly are getting nastier with age. Whereas in the original version of DDAS, pride was associated with the ‘poor’, it is now attributed to the ‘sinners’ who fail to accomplish their penance in humility. The ‘common people’ are supposed to show ‘friendship’ between themselves, as a condition of a peaceful society. The rich are not simply neglecting their duty to give ‘alms’, but rather to show ‘piety’ to the poor, which encompasses a wider range of support, including caring for the sick and redeeming debts. The most distinctive social group among the list is certainly that of the ‘merchants’, who are expected to act in good faith and keep their word, in conformity with the commercial ethics exposed in Olivi’s Treatise on Contracts.7 The penultimate position in which ‘kings and princes’ finally appear, lacking the virtue of justice, may be taken as a sign that this document was conceived in the framework of a city, at a time and place where royal or princely power was perceived as distant, which could fit equally well in an Italian setting or Languedoc in the late thirteenth century, before the presence of the king of France and his agents in the region was more strongly felt. Given all those sociological indications, at first sight, the ascription of this brief document to Peter John Olivi appears plausible, but is not yet certain. A closer look at the context in which the new Twelve Abuses feature in both manuscripts is therefore required.

Bernardino of Siena and Siena, Bibl. Com., U.V.5 Although the order of the texts in the codex U.V.5 does not necessarily reflect their disposition in the confiscated documents, it is worth looking closely at the sequence of Bernardino’s choices. After an initial section devoted to Bonaventure, the fols 11ra–18ra comprise a series of four spiritual treatises by Olivi.8 Two of them are well known and widely circulated (Remedia contra temptationes spirituales, De humilitate), while the others, still unpublished (De septem sentimentis Christi, De septem tentationibus), are only found in manuscripts produced by the Fraticelli (Pesaro, Bibl. 7 Olivi, Traité des contrats. 8 On those texts, see Montefusco, ‘Per l’edizione degli opuscula di Pierre de Jean Olivi’.

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Oliveriana, cod. 1444; Capestrano, cod. 21). They are followed by two long extracts from Ubertino’s Arbor vitae crucifixae Christi (fols 18ra–19rb) and a short paraphrase of the beatitudes by Jacopone da Todi (fol. 19va). The rubric of the document immediately following (fols 19va–20ra), describing seven conditions required for contrition, does not convey an ascription, but only an appreciation (bene est). This anonymous text is not found elsewhere and does not seem to have been reused by Bernardino. Then, immediately above the Abuses, in the same column (fol. 20ra), are presented the Seven Degrees of Contemplation by Giles of Assisi.9 The documents that follow are often lacking explicit ascriptions and Dionisio Pacetti did not bother to identify them in his description of the codex. Some may be original essays by Bernardino, that he appears to have reused later in his predication. Despite its anonymity, a famous chapter of Ubertino’s Arbor vitae about Francis of Assisi is easily recognizable in a slightly abridged form (fols 23va–26va). Other excerpts draw on Thomas Aquinas’s Summa theologiae on various moral issues (fols 26va–36vb). Much later in the volume we find a long string of brief extracts from Olivi’s biblical commentaries, duly noted this time by Pacetti (fols 41–60v). A final section comprising vernacular works by Ugo Panziera and Jacopone concludes with two further Olivian extracts (fols 101r–110v). While he was copying preaching material into this notebook, Bernardino seems to have had access at different moments to this treasure trove of prohibited materials. He may indeed have permanently borrowed from it a copy of the Arbor Vitae that he kept close at hand until his death. What is striking, as far as we are concerned here, is that the Abuses are not immediately surrounded by other writings by Olivi, despite the explicit ascription.

Olivi’s version of the twelve abuses The vernacular version of the Abuses is placed in a very different setting. It features in the very last pages of the codex, in a section that provides a conclusion to the Fraticelli chronicle by means of prophetic texts (fols 117r–121r).10 The chronicle itself forms the major and central part of a wider 9 Théry, ‘Thomas Gallus et Egide d’Assise’. The rubric presents this document as ‘De contemplatione nota 7 gradus secundum fratrem Egidium quos exponit frater Ugo de Monte P. ut inferius patet’, but no further reference is made to the friar Hugo. 10 See the description by Bischetti, in Bischetti, Montefusco, and Piron, ‘La bibliothèque portative’, 2.

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apologetic work. It begins with a set of legal and patristic arguments justifying the necessity to separate oneself from heretical or simoniac prelates, a decision that a whole branch of the Fraticelli had dramatically taken in 1352.11 Reaching back to some early episodes of Franciscan history (the redaction of the rule, the promise made by Christ to Francis that he will never abandon his order), the chronicle expands mostly on the persecution commanded by John XXII and Benedict XII against the faithful observers of the evangelical perfection. Among the ‘champions of the cause’, Peter John Olivi holds the central position. The narrative of the dissident groups’ actions after 1318 emphasizes the leading role played by the Languedoc Spirituals, who flew to Naples in structuring a more or less unified movement, downplaying the importance of Angelo Clareno in that regard. The final prophetic section of this apologetical rhapsody includes some passages of the Oraculum Cyrilli (purportedly written at Mount Carmel, but actually produced by some Spiritual Franciscans in Provence around 1299) and a few extracts of Hildegard of Bingen’s prophecies, as edited by Gebeno of Eberbach12. In both cases, those prophecies are describing evil and vices that spread among the clergy. The extract from the Oraculum lists no fewer than twenty-two abominations that will appear near or at the time of the Antichrist, while Hildegard announces a future mendicant order, perverse and hypocrite, that will dominate the Christian people in odious ways.13 The list of twelve abuses is precisely tucked between these two accounts. It dramatically describes the present corruption of the Church and society as signs of the imminent arrival of the Antichrist in a time of utter crisis. Actually, according to the historical framework of the Fraticelli, that period had already begun, when Pope John XXII directly opposed the poverty of Christ in 1323 and lost thereby all of his ecclesiastical authority, by falling into open heresy. The three documents fit therefore very nicely together. They could almost give the impression that the rephrasing of the Twelve Abuses was conceived by the person who produced the vernacular translation of the other extracts. The lack of ascription to Olivi in this codex requires some further reflection. In this manuscript and in others where he or his secretaries copied many works of the Languedocian friar, Bernardino was usually very careful to indicate Olivi’s authorship, as much as he would avoid ever mentioning his 11 Piron, ‘Le mouvement clandestin’. 12 Santos Paz, La obra de Gebenon de Eberbach. 13 Florence, BNC, Magliab. XXXIV 76, fol. 118r: ‘Questo è un pocho della profetia di Cirillo […] che parla della abominatione de religiosi che.ssono presso et pocho inançi al tenpo d’antichristo.’

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name in his own sermons and writings. As far as I can tell, these ascriptions are always correct. They may be sometimes implicit when various extracts of the same work are copied one after the other. But I have never seen an incorrect attribution. On the part of the Spirituals and Fraticelli who revered him as a saint 14 largely owing to the amazing quantity and variety of his writings, the correct knowledge of the catalogue of his titles did not falter over time. The Florentine Fraticelli could discern the authentic works from that of his disciples, such as Barthélemy Sicard, ‘about whom it is said that he made the allegories on Daniel’.15 Reproducing the texts he found in their books and quires, Bernardino would even repeat their description of Olivi as an ‘angelical man’, in the rubric of the Remedia contra temptationes spirituales.16 The conflict between the two documents is therefore a mystery. The only reason why Bernardino attributed the Abuses to Olivi would be that the text was presented in that fashion on the confiscated item he had before his eyes. But, if this ascription is correct, it is difficult to understand why it is lacking in the Florentine codex. Yet, since an omission is less cogent an argument than a positive mention, it would be preferable to accept at face value the attribution found on the Sienese codex. Another way to reach a solution would be to observe that Olivi does not seem to have been familiar with the original DDAS. Moreover, he rarely uses the word abusio, only in relation to lascivious behaviour, in his questions of matrimonial life.17 To say the least, he would not have been very impressed by the authority of John of Wales, who made the text popular among Franciscans in the final third of the thirteenth century and taught in Paris after 1270. The British master had served on the commission that issued a censure of some of his views in 1283, in what he considered a hasty and ill-conceived judgement.18 Yet, Olivi could have come across the initial list of abuses in a different way, more than a decade later in Narbonne, at a time when he was writing many brief spiritual treatises addressed to a lay audience and soon translated in the vernacular.19 It may be noted that the term abusio is found, in connection to apocalyptical expectations, in some 14 ‘Oratio ad venerabilem patrem Petrus Iohannis’, Oliviana 6 (2012). 15 Magliab. XXXIV 76, fol. 98v: ‘Anchora fu suo disciepolo frate Bartolomeo Sichardi del quale si dice che fe l’aleghorie sopra Daniello.’ 16 ‘Remedia contra spirituales temptationes angelici viri P.I.’, U.V.5, fol. 15va. 17 Olivi, Quaestiones circa matrimonium, p. 130. 18 Piron, ‘Censures et condamnation’. 19 Montefusco, ’Per l’edizione degli opuscula di Pierre de Jean Olivi’.

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pseudo-Joachite prophecies, such as the Liber de Flore or the Horoscopus, penned by radical Franciscans around 1300.20 The word could have been in the air among those friars who felt that the contempt of evangelical poverty, on the part of the prelates of the Order and the Roman church, was a sure sign of an impending apocalyptical crisis. It is therefore not entirely implausible that Olivi drew himself such a new list of abuses that was meant to hammer the critique of religious leaders and call the different social groups to moral reform. If such is the case, that would be, by far, the shortest text ever produced by this prolific writer.

Conclusion In contrast with Olivi’s lack of familiarity with the original DDAS, Bernardino appears to have been very interested in it. Indeed, he is one of the few late medieval authors who refers to DDAS under its attribution to Cyprian. Quotations found in Bernardino’s sermons are not content to refer to the introductory list, but draw from the text itself.21 Yet, the impact of the reformulation he found in the Fraticelli’s books was not lost on him either. In another autograph codex, comprising mostly preparatory material for his own sermons now kept in Budapest, a further rephrasing appears, devoid of any ascription, and rightly so since it is obviously an original creation by Bernardino, remarkably mixing the two versions he was aware of. Instead of abuses, the Observant preacher refers to the ‘abominations of the world that prepare for the advent of the Antichrist’.22 On the page, the twelve items are separated from each other by ten lines or so; most remain vacant. They are filled in two cases only with further preaching material, either with scriptural passages or a graphic example using animals (the rich who lack mercy are compared to a whale, who sends ahead a dolphin 20 Cf. Grundmann,‘Liber de Flore’, p. 165: ‘duobus quod eum frequenter in vinorum diluvio submergebant et impellebant ad concessiones abusionum.’ 21 Bernardino of Siena, Sermones de tempore, Sermo 16.3 (dominica XVI post pentecosten), vol. 7.3, pp. 256 and 260: ‘Cyprianus quoque, De duodecim abusionibus, inquit: ‘Plus omnibus religioni operam daresenibus convenit, quos praesentis saeculi florida aetas transacta deserit. … Et sicut Cyprianus, De duodecim abusionibus, ait: ‘Quid stolidius f ieri potest, si mens ad perfectionem festinare non contendat, quando totius corporis habitu senectute confectus homo ad interitum properat? Dum caligant oculi, aures graviter audiunt, capilli fluunt, facies in pallorem mutatur, dentes lapsi numero minuuntur, cutis arescit, flatus non suaviter olet, pectus suffocatur, tussis cachinnat, genua trepidant, talos et pedes tumor inflat, homo interior qui senescit his omnibus aggravatur.’ 22 Cenci, ‘Un manoscritto autografo di San Bernardino’, pp. 326–380, cf. p. 343.

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to gather small fish before her mouth, so that she can eat as much as she wants). The social groups referred to and their defects result in a synthesis of both sources. From DDAS, Bernardino retains the ‘elder without prudence’, ‘Christian without faith’, ‘poor without humility’, and ‘women without modesty’. Two further groups seem to echo both: ‘people without love’ and ‘rich without mercy’. The final items all stem from Olivi’s reshaping of the abuses: ‘clerics without sanctity’, ‘religious without regular life’, ‘prelates without pastoral care’, ‘secular lords without justice’. But the most personal inclusion, revealing one of the most crucial targets of the Observant predication, is that of ‘women without faith or honesty’, who simply take the place attributed to the merchants.

Appendix: Bernardino of Siena’s Twelve Abominations Budapest, Eötvös Loránd Tudományegyetem Könyvtár, cod. lat. 102, fol. 86va–87ra: Duodecim sunt abhominationes seculi que disponent antechristi adventum. Prima est senex sine prudentia. Sap. In antiquis est sapientia . Ps. Interroga patrem tuum et dice tibi etc. ibi maiores tuos et dicent tibi. . Et Joelis. Secunda, christianus sine fide. [86vb] Tertia, populus sine dilectione. Quarta, diuites sine misericordia. Faciunt enim sicut balena qui quando uult comedere mictit ante se delfinum qui pisces paruos ante balenam congregat, et ipsa os aperit et comedit quantum potest. Unde Abdie Sicut fecisti fiet tibi, et sicut bibisti super montem, scilicet meum, bibent omnes gentes et absorbent tunc. Nam ubi dicitur iudicium sine misericordia fiet illi qui non faciunt misericordia. Quinta pauperes sine humilitate. [87ra] Septima mulieres sine uerecundia. Octava matrimonium sine fide uel honestate. Nona clerici sine sanctitate. Decima religiosi sine uita regulari. Undecima prelati sine cura pastorali. Duodecima domini seculares sine iustitia. [There are twelve abominations of the age that will signal the coming of the Antichrist.

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The f irst is an old man without prudence. Wisdom: ‘In the ancient is wisdom’ [Job 12. 12]. Psalms: ‘Ask your father and tell him, etc. [and he will announce] your elders and they shall say to you’ [Deut. 32. 7]. And Joel. The second, a Christian without faith. The third, a people without love. The fourth, rich people without mercy. For they act like a whale who, when he wants to eat, sends before him a dolphin who gathers small fish before the whale, and he opens his mouth and eats as much as he can. Hence Abdias: ‘as thou hast done, so shall it be done to thee … For as you have drunk upon my holy mountain, so all nations shall drink: and they shall drink, and sup up.’ [Abdias 1. 15–16] The fifth, the poor without humility. The seventh, women without shame. The eighth, marriage without trust or honesty. The ninth, clerics without holiness. The tenth, religious without a regular life. The eleventh, prelates without pastoral care. The twelfth, secular lords without justice.]

Bibliography Manuscripts Budapest, Eötvös Loránd Tudományegyetem Könyvtár, cod. lat. 102. Florence, Biblioteca Nazionale Centrale, Magliab., MS XXXIV 76. Siena, Biblioteca Communale, MS U.V.5.

Primary sources Anonymous, ‘Oratio ad venerabilem patrem Petrus Iohannis [édité par Sylvain Piron]’, Oliviana 5 (2016) [Online] http://journals.openedition.org/ oliviana/822. Bernardino da Siena. S. Bernardini Senensis Opera omnia (…) Studio et cura patrum Collegii S. Bonaventurae, 9 vols (Ad Claras Aquas: Quaracchi, 1950–1965). Peter John Olivi, Quaestiones circa matrimonium, ed. by Antonio Circeri (Grottaferrata: Collegium S. Bonaventura, 2001). Peter John Olivi, Traité des contrats, ed. by Sylvain Piron (Paris: Belles Lettres, 2012).

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Secondary sources Bischetti, Sara, Antonio Montefusco, and Sylvain Piron, ‘La bibliothèque portative des fraticelles, 2. Les manuscrits florentins’, Oliviana 6 (2020), n. p. (Online: https://journals.openedition.org/oliviana/1411). Burr, David, The Spiritual Franciscans: From Protest to Persecution in the Century after Saint Francis (Philadelphia: University of Pennsylvania Press, 2001). Cenci, Cesare, ‘Un manoscritto autografo di San Bernardino a Budapest’, Studi francescani, 61 (1964), 326–381. De Pierro, R., ‘Lo scriptorium di san Bernardino nel Convento dell’Osservanza a Siena’, in In margine al Progetto Codex. Aspetti di produzione e conservazione del patrimonio manoscritto in Toscana, ed. by G. Pomaro (Pisa: Ospedaletto, 2014), pp. 29–105. Delmas-Goyon, François, Antonio Montefusco, and Sylvain Piron, ‘Un peu de neuf sur le manuscrit Little (Plaidoyer pour une histoire vivante des textes)’, in L’Épaisseur du temps. Mélanges offerts à Jacques Dalarun, ed. by S. Field, M. Guida, and D. Poirel (Turnhout, Brepols, 2022), pp. 437–479. Grundmann, Herbert, ‘Liber de Flore. Eine Schrift der Franziskaner-Spiritualen aus dem Anfang des 14. Jahrhunderts’ (1929); repr. in H. Grundmann, Ausgewählte Aufsätze, teil 2, Joachim von Fiore (Hiersemann: Stuttgart, 1977), pp. 101–165. Montefusco, A., ‘Per l’edizione degli opuscula di Pierre de Jean Olivi: sul corpus e la cronologia’, Oliviana 4 (2012), n.p. (Online: http://journals.openedition.org/ oliviana/555). Pacetti, Dionisio, ‘I codici autografi di S. Bernardino da Siena della Vaticana e della Comunale di Siena’, Archivum Franciscanum Historicum 27 (1934), 224–258, 565–584; 28 (1935), 253–272, 500–516; 29 (1936), 215–241, 501–538. Piron, Sylvain, ‘La bibliothèque portative des fraticelles, 1. Le manuscrit de Pesaro’, Oliviana 5 (2016), n. p. (Online: https://journals.openedition.org/oliviana/804). Piron, Sylvain, ‘Censures et condamnation de Pierre de Jean Olivi: Enquête dans les marges du Vatican’, Mélanges de l’École française de Rome, 118 (2006), 313–373. Piron, Sylvain, ‘Le mouvement clandestin des dissidents franciscains au milieu du XIVe siècle’, Oliviana, 3 (2009), n.p. (Online: http://journals.openedition. org/oliviana/337). Rusconi, Roberto, ‘La tradizione manoscritta delle opere degli Spirituali nelle biblioteche dei predicatori e dei conventi dell’Osservanza’, Picenum Seraphicum, 12 (1975), 63–137. Santos Paz, José Carlos, La obra de Gebenon de Eberbach (Florence: SISMEL, Edizioni del Galluzzo, 2004). Théry, Gabriel, ‘Thomas Gallus et Egide d’Assise. Le traité De septem gradibus contemplationis’, Revue philosophique de Louvain, 41 (1934), 180–190. Tocco, Felice, Studi francescani (Naples: Perella, 1909).

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About the author Sylvain Piron is Directeur d’études at the École des hautes études en sciences sociales (EHESS) and has published widely on the anthropology and history of scholastic thought, focusing on the intersections between political, economic, and religious ideas, in particular relating to Peter John Olivi and the Spiritual Franciscans.



Appendix On the Twelve Abuses of the Age A Translation Translated by Aidan Breen (†) and Constant J. Mews

This translation updates that offered by Aidan Breen in his 1988 PhD thesis alongside his critical edition of DDAS, supplemented by reference to the most reliable manuscripts (in particular U Cambridge, CUL Ii.1.41).1 The layout of individual sentences reflects the use of end-rhyme to define phrases within these sentences (except where scriptural passages are being cited). Sentences are often written as couplets, although sometimes they are longer for rhetorical effect. Direct citations from scripture are identified within notes, as are allusions to scripture and other sources. Inevitably, translation into English can never capture the full nuance of the Latin, as with the terms iustitia (righteousness as well as justice) and uirtus (strength as well as virtue), here rendered as moral strength. The signs < > refer to rubrics not in the original Latin text.

1. 2. 3. 4. 5.

A wise man without good works2 An old man without religion A youth without obedience A rich man without almsgiving A woman without modesty

1 DDAS, ed. Breen, pp. 332–431. There is also an English translation by Priscilla Throop, appended to the translation of Vincent of Beauvais, The Moral Instruction of a Prince, pp. 115–133. 2 Class 1 MSS apart from EZ consistently read sine operibus bonis, but this is shortened to sine operibus in other MSS.

Mews, Constant J. and Kathleen B. Neal. Addressing Injustice in the Medieval Body Politic. Amsterdam: Amsterdam University Press, 2023. doi: 10.5117/9789463721271/_app

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6. 7. 8. 9. 10. 11. 12.

A lord without moral strength3 A contentious Christian A proud pauper An unjust king A negligent bishop Common folk without discipline A people without law

Thus, justice is suffocated. 4 These are the twelve abuses of the age through which the wheel of the age5, if one is within it, is deceived and without any impeding support of justice, is propelled into the darkness of hell through the just judgement of God.

1. Firstly,6 if a wise man and preacher is without good works, he neglects to carry out in actions what he teaches in words;7 hearers despise acting on the sayings of teaching when they perceive that the actions of a preacher do not match a preacher’s words. 2. ‘The authority of one giving instruction never becomes effective unless he fixes onto the heart of a listener by effective action’,8 especially when the teacher himself, if he has fallen into the love of vice, disdains applying to his wounds the medicine of another teacher.

3 ‘Moral strength’ is used for uirtus to convey its meaning as not just virtue, but strength and power. 4 There are two versions of the opening. Many Class 1 MSS read in place of sic suffocatur iustitia, ‘By these twelve abuses justice is suffocated. These are the twelve abuses of the age through which…’. This version involves an awkward repetition, as noted by Breen, p. 278. 5 Jerome, Ep. 78.3, ed. Hilberg, CSEL, 55, p. 5, referring to ‘voice of your thunder appearing in the wheel’ [Ps. 76. 19] as ‘in the wheel of this age and of the world’. 6 Most MSS of what Breen called Class 1 and 2 MSS, open with Primo, rather than the more grammatically correct, Primus abusionis gradus est found in other MSS, and then divide the first two couplets into separate sentences. It makes more sense, however, to consider them as a single sentence. 7 Cf. James 2. 20, 28: ‘faith without works is dead’; James 1. 22: ‘be doers of the Word, not just listeners’. 8 Cassian, Conlationes, 11.4.3, ed. Petschenig, p. 317.

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3. Hence the Lord himself in the Gospel, wishing to give instruction in both teaching and good works, warned the disciples to exercise such caution, saying: For if the salt has lost its savour, with what shall it be salted? that is to say, if a teacher has gone astray, by what teacher shall he be put right again?9 4. And if the light which is within you has been darkened, how great shall be the darkness itself?10 5. For if the eye has lost its sight, who can demand service from the hand or the foot or any other part of the body?11 6. Therefore, let rulers take heed, lest they incur greater punishment if they show greater occasion for ruin to many. 7. For Solomon himself, when he transgressed despite much wisdom, was the cause, by his fault alone, of the dispersal of all the Israelite people of the kingdom.12 8. Therefore, those to whom many things are entrusted, have the greater loss, if they do not dispense rightly the gifts of their ruler which they have received. 9. For to him to whom more is entrusted, more is demanded of him, and the servant who understands the will of his lord, but does not do it, 9 Matt. 5. 13 and Jerome, In Matt. 5. 13, ed. Hurst and Adriaen, p. 26: ‘If a teacher errs, how will he be corrected by another teacher’. Matt. 5. 13, never cited by Augustine in his treatises, had been mentioned by Jerome only once in his commentary on Matthew, but it had also been used by Gildas, De excidio Britonum, 92.5, ed. Winterbottom, p. 133. It was also cited in two Irish texts, Liber quaestionum in euangeliis, 6, ed. Rittmüller, p. 141 and Ps.-Jerome, Expositio quattuor evangeliorum, PL, 30, 545A. 10 Matt. 6. 23. 11 Cf. Matt. 5. 29–30. 12 Jerome, Comm. in Ecclesiasten, 1.16, ed. Adriaen, p. 261: ‘For we read in the book of Kings that Solomon was of much wisdom’; on Solomon’s turning away to pagan gods, much less discussed by Jerome, see I Kings 11.1–25. The phrase Israhelitici plebis, ‘of the Israelite people’, was not used by Jerome or Augustine, but is employed on occasion by Salvian, Cassian, and the Irish Augustine, De mirabilibus sacrae scripturae, PL, 40, 2177, and very often by Gregory the Great (although never precisely in this context), as in Moralia in Job, ed. Adriaen, CCSL, 143B: 7.7 (p. 339), 7.10 (p. 341). 9.5 (p. 459), 9.7 (p. 460), 9.8 (p. 462), 9.9 (p. 462), 9.16 (p. 475), 10.11 (p. 552), 11.41 (p. 616), 24.11 (p. 1207), 25.10 (p. 1251), 27.11 (p. 1345), 28.8 (p. 1410), 29.4 (p. 1438), 29.14 (p. 1451), 30.9 (p. 1512), 35.14 (p. 1795), 35.16 (p. 1800).

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shall be punished with sharper and heavier strokes by the rod of punishment.13

1. The second step of abuse is if an old man is found to be without religion, when the limbs of the outer person have grown old and feeble, the powers of his mind, that is the limbs of his inner person, do not gain increase in strength.14 2. For it is fitting that all old men should attend to religion, whom the completed blossoming time of the present age has abandoned.15 3. For just as a tree shows itself to be rotten in its branches, which, after blossoming, does not bear the best fruit for its grower, so among men he is rotten whom the flower of youth16 deserts, and yet scorns in his aging body bringing forward the ripe fruits of good works.17 4. For what could be more foolish18 than that the mind should not strive to attain perfection, when the garb of his body, worn out by old age, hastens to its end? 5. When the eyes grow dim, the ear hard of hearing,

13 Luke 12. 47–48; cited by Jerome, Comm. in prophetas minores, In Amos 3. 6, ed. Adriaen, p. 305 and Jerome, Ep. 14, ed. Hilberg, CSEL, 54, p. 5; see also Paenitentiale Cummiani, ed. Bieler, p. 132: ‘Unde et quidam sapiens domini ait: cui plus creditur, plus ab eo exigitur.’ 14 Jerome, Comm. in Epist. IV. Paulinas: Ad Ephesios, 1 c. 2 (PL, 26, 489) on the distinction between ‘limbs of the exterior man’ and those ‘of the interior man’. Faustus of Riez expands on this distinction, explaining that God, creator of the exterior and interior man, disposes the body by power and ordering to serve the human person, in De gratia, 1, ed. Engelbrecht, p. 29. 15 Florida aetas may be inspired by Proverbs 17. 22: ‘A joyful mind makes a flourishing age, a sad spirit dries the bones.’ See also Cassiodorus, Variae, 3 Ep. 2, ed. Fridh, p. 97, speaking about the boldness of young men needing to be moderated by reason and that old men should be revered, ‘although they are fervent in flourishing age’ ( florida aetate ferventes). 16 Gregory the Great invokes ‘the flower of youth’ ( flos iuventutis) in Moralia in Job, 23.11, ed. Adriaen, p. 1160, repeated by Isidore, Mysticorum expositiones in Num. 12.9, PL, 83, 343. 17 Cf. Gregory the Great, commenting on Luke 13. 7, about the need to cut down the tree that does not bear fruit, Hom. in evangelia, 2 Hom. 31.3, ed. Etaix, p. 271. 18 The phrase ‘What is more foolish’ (Quid stolidius) is rare, but is used by Augustine when quoting Contra Iulianum opus imperfectum, 1.42, ed. Zelzer, p. 30, picking up on the vocabulary of Julian of Eclanum, Tractatus prophetarum Osee, Iohel et Amos, In Osee, 1.2, ed. De Coninck, p. 138.

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6. 7. 8. 9. 10.

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hair falls out,19 the countenance loses colour, teeth, having fallen out, become few in number, the skin wrinkles, the breath reeks in an unpleasant way, the chest is suffocated, heaves with coughing, the knees shake, swelling inflates the ankles and feet, even the inner man, who does not age, is weighed down by all these things, and already they all declare the speedy collapse of the house of the body.20 What remains, therefore, other than that when the end of this life draws near, each old person should seek to think how his future dwelling place might be fully grasped? For to the young, the end of this life is uncertain, but to all old people, a timely departure from this life is quickly welcome. For this reason, a man must beware of two things which never age in his flesh, and draw the whole person into sinning, namely the heart and the tongue, since the heart never ceases to devise new thoughts, and the tongue is always swift to give utterance to whatever the heart devises.21 Old age therefore should beware lest these youthful parts disrupt the whole harmony of the body, and through foolish actions degrade its dignity.22 For each person must consider what is fitting in age and eminence, and act in such a manner, that it cheapens neither life, nor age, nor service.

19 Lev. 13. 40. 20 On the physical trials of old age, see Ecclesiastes 12. 1–7 and Jerome, Commentarius in Ecclesiasten, 12.3, ed. Adriaen, p. 33; Jerome, Ep. 60.1, ed. Hilberg, CSEL, 54, p. 549 and Ep. 140.13, ed. Hilberg, CSEL, 56, p. 282. There is no direct citation in DDAS of any of these passages. 21 Cf. Prov. 6. 16–18: ‘There are six things which the Lord hates and his soul detests: Haughty eyes, a lying tongue, hands that shed innocent blood, a heart that devises wicked thoughts (cor machinans cogitationes pessimas), feet that are swift to run into mischief.’ Gregory the Great singles out the heart and the tongue in Moralia in Job, 18.40, ed. Adriaen, p. 929. 22 Isidore, De differentiis rerum, 18, ed. Sanz, p. 50, speaks of old age (from the fiftieth to the seventy-seventh years) being completed in four seven-year terms, in which three terms witness ‘the approaching dignity of mind and body’ (animi et corporis gravitatem).

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1. 2. 3. 4. 5. 6. 7. 8.

The third step of abuse is a youth, if he is found without obedience, whereby the world is corrupted from the right order of reason.23 For how will he hope to be served in old age, who in his youth despises showing obedience to his elders?24 Whence it is a proverb among the ancients that he cannot govern, who previously refuses to give service to anyone.25 For that reason, the Lord Jesus, during his time on earth, while he had not yet reached the legitimate age of a teacher, served his parents obediently.26 Therefore, as sobriety and perfect behaviour are looked for in old people, so humble service, fealty, and obedience are rightly expected of youth.27 For that reason, among the precepts of the law pertaining to people, the first thing commanded of us is that we honour our father and mother,28 because although our natural father may not be alive or is unworthy, nonetheless paternal respect should be shown by sons to any worthy and living father until they come to a worthy age to be honoured themselves. For the word ‘father’ is taken four ways in the divine scriptures: namely, by nature, by nation, by counsel, and by age.29 For Jacob speaks to Laban about a natural father, saying:

23 The phrase ‘corrupting from the right order of reason’ derives from Boethius, In librum Aristotelis Peri hermeneias commentarii (editio secunda), 1.1, ed. Meiser, p. 17 (a recto ordine rationis exorbitat). 24 Medieval authors had a broader understanding of adolescentia than modern authors. Isidore defines adolescentia as between the fifteenth and twenty-eighth year, while that of iuventus (of being a young man) extends to the fiftieth year, when one becomes a senex, a senior or an elder in both his Etymologiae 11.2.3 and his De differentiis rerum, 18, ed. Sanz, p. 49. Here he explains that adolescentia involves two seven-year terms, comparable to that of a child and a boy. 25 Cf. Seneca, Epistulae morales ad Lucilium, Ep. 40.4, ed. Hense, p. 21: ‘How can anyone rule who has not been ruled?’ 26 Cf. Luke 2. 52. 27 Jerome, Comm. in epist. Paulinas Ad Eph., 3, PL, 26, 573: ‘as humble service and the reward of subjection is shown in sons (sicut igitur in filiis obsequium et subiectionis merces est demonstrata), thus moderate rule is enjoined on parents, so they know they are in charge of sons, not slaves.’ 28 Cf. Exod. 20. 12, Deut. 5. 16. 29 Adapted from what Jerome says about the four meanings of ‘brother’ (natura, gente, cognatione and affectu) in Aduersus Heluidium, 14 and 15 (PL, 23, 206 and 209), repeated in Isidore, Etymol., 9.6.8, ed. Lindsay. Also cited in two seventh-century Hiberno-Latin commentaries, Pseudo-Hilary, Tractatus in septem epistulas catholicas, In epist. Jacobi, ed. McNally, p. 57 (referring as well to the sons of Laban) and Pseudo-Jerome, Expositio quattuor evangeliorum, PL, 30, 553.

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‘If the fear of my father Isaac were not present, you would have taken everything that I have.’30 9. One says a father by nation when the Lord spoke to Moses out of the bush: I am the God of your fathers, the God of Abraham, the God of Isaac, the God of Jacob [Exod. 3. 6]. 10. One says a father by age and equally by counsel when Moses says in the Canticle of Deuteronomy: Ask your father, etc.31 11. So, therefore, if a natural father is no longer alive or is unworthy, the obedience of youth must be shown to an elder giving counsel. 12. Indeed, how shall he come to be honoured in old age, who did not bear the yoke of discipline in youth? 13. For whatever a man toils at, that shall he reap.32 14. For all discipline at present seems not joyful but bitter, but through it, it shall subsequently restore the most pleasant fruit of the exercise of justice.33 15. Therefore, just as fruit is not found in a tree in which a young shoot34 or flower did not first appear, thus in old age, he will be unable to obtain legitimate honour who in youth did not work in the exercise of some discipline. 16. How can there be discipline, therefore, without obedience? 17. It follows then that a youth without discipline is a youth without obedience, since obedience, which is the mother of all discipline, requires great practice. 18. He has taken this norm of his study from Christ our Lord, who, obedient to the Father, willingly endured shame, even to death on the cross.35 30 Rephrasing of Gen. 31. 48, combined with an allusion to Gen. 31. 1. 31 Deut. 32. 7. 32 Cf. Gal. 6. 8, quoted in the pre-Vulgate version (hoc et metet) as cited by Jerome, Adversus Jovinianum 1.38 (PL, 23, 276) and Augustine, Enarrationes in Psalmos, Ps. 6.11, ed. Dekkers and Fraipoint, p. 33.‘The fruit of that groaning in which he labours… since who sows in tears, reaps with joy’. 33 Heb. 12. 11; also quoted by Cassian, Conlationes, 8.6, ed. Petschenig, p. 159 and by Gregory the Great, Moralia in Job, 6.23, ed. Adriaen, p. 313. 34 The association of shoot (pampinus) with fruit is frequently made in Pastor Hermas, 8.2-4, ed. Hilgenfeld, pp. 99, 102, 104; see also Jerome, Epist. 60.12, ed. Hilberg, CSEL 54, p. 564. 35 Philipp. 2. 8.

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1. 2. 3.

4. 5. 6. 7. 8. 9. 10.

The fourth step of abuse is a rich man without almsgiving, who hoards to be protected for posterity the surplus of his way of life, distributing nothing to the needy and those not having anything.36 Through this it comes about that while he guards with diligent care what he has sought for on earth, he loses the everlasting treasure of his heavenly home. To this treasure our Lord Jesus called the rich youth who had questioned him about perfection, saying in response: If you wish to be perfect, go and sell everything you have and give everything to the poor, and come follow me, and you will have treasure in heaven.37 This treasure no man can ever have unless he shows comfort to the poor or through it is himself a pauper. Let not lie dormant in your treasury that which does not let the poor sleep. For though a rich man accumulates many things, he cannot at all enjoy those things on his own, because the nature of man does not support many things. What is therefore more foolish than to lose the everlasting joy of heaven for the sake of feeding and clothing one man,38 and to undergo the eternal torments39 of hell without any expectation of relief?40 What therefore has to be left behind by necessity, must be distributed willingly for the sake of an everlasting reward. For all things which are seen are temporal, but those which are not seen are eternal. 41 For so long as we are in this world, temporal things serve the needs of our mortal existence, and when we have departed hence, the things that are eternal will offer comfort for eternity.

36 Caesarius of Arles, Sermo 25.2, ed. Morin, p. 103 (a rich can merit grace through almsgiving). 37 Matt. 19. 22. 38 Food and clothing (victum et vestimentum) is in the Vetus Latina version of i Tim. 6. 8, cited for example by Jerome, Comm. in ep. Paulinas Ad Titum, 3. 14, ed. Bucchi, p. 71. 39 Cf. Luke 16. 22–25, and Jerome speaking about eternal torments (aeternos cruciatus), in Comm. in Ecclesiasten 4.2, ed. Adriaen,, p. 284. 40 The term praestolatio is very rare in patristic literature before Gregory the Great’s Moralia in Job, 13.46, ed. Adriaen, p. 695, but occurs in Job 17. 15 and Prov. 11. 23 and 23. 18. 41 ii Cor. 4. 18.

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11. Therefore, we should not love those things which we will not always have, especially because they show the greedy person, rich in treasure, land, and everything that he has, to be lacking in reason, 42 who loves those things with the complete gaze of his heart, which never love him in return. 12. For if anyone loves gold and silver, and land, clothing, and food and metals and brute animals, 43 the nature of things shows that all these things cannot love him in return. 44 13. What is further from all reason than to cherish that which cannot love you in return, and to neglect the one who offers everything to your profit with love? 14. Because of this, it is taught by God that the world is not to be loved, but our neighbour is to be loved, 45 since a neighbour can return the exchange of love, which the world undoubtedly cannot do at all. 15. For God orders an enemy to be loved so that love may make a friend of an enemy. 46 16. Therefore, let any eager rich man, who desires to have eternal riches, excel by distributing to the poor what in the meantime does not endure.47 17. For if he does not sell what he loves no one can buy what he covets. 18. Indeed, on judgement day, the greedy are called cursed by the most upright judge because they who passed by their dwellings did not say: The blessing of the Lord be upon you; we have blessed you in the name of the Lord. 48 19. Unhappy therefore are the greedy rich, 49

42 Seneca speaks of lacking in reason (expertem rationis) in De beneficiis, 3.31.2, ed. Hosius, p. 74. 43 Cf. Zech. 14. 14–15. 44 On repaying the exchange of love (uicem amoris), see Chromatius of Aquileia, Tractatus in Mathaeum, 33, ed. Etaix, p. 363. 45 Cf. i John 2. 9, 15; Matt. 22. 39 etc. 46 Cf. Matt. 5. 44; Luke 6. 27. On making a friend out of an enemy, Seneca, Epist. Morales, 95.63, ed. Hense, p. 455. 47 Cf. Matt. 13. 46, 19. 21, Luke 18. 22. 48 Ps. 128. 8; cf. Matt. 23. 39. 49 ‘Greedy rich man’ (auarum diuitem) is a phrase used by Jerome, Comm. in Ecclesiasten, 6.1, ed. Adriaen, p. 300.

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who for the sake of passing things50 will perish in eternal damnation, and on the contrary, blessed are the merciful for they shall receive mercy.51 20. Happy is he who is merciful, since in this virtue God does not seek property, but disposition.52

1. The fifth step of abuse is a woman without modesty; just as prudence procures and keeps all good behaviour in men, so modesty nourishes, cherishes, and sustains all good and honest actions in women.53 2. For modesty restrains avarice, avoids litigation and assuages anger, trumps lust, tempers desire, guards against drunkenness,54 does not multiply words, resists greed of the gullet,55 utterly condemns theft. 3. What more? It bridles every vice, and nourishes every virtue and whatever is praiseworthy before God and good men.56 4. For an immodest life acquires neither praise from people in the present age nor reward from God in the life to come. 50 The phrase res transitorias is rare, but is used by Caesarius of Arles, Sermo 159.2, ed. Morin, p. 651, and Isidore, Sententiae, 3.59.2, ed. Cazier, p. 318. 51 Matt. 5. 7. 52 Cassian contrasts substantias with disposition (affectus) in Conlationes, 4.21, ed. Petschenig, p. 117. 53 Pudicitia is linked to Christ nurturing and cherishing (nutrit et fovet), as in Eph. 5. 29, the association of women with pudicitia (shame or modesty) is frequently made, including by Augustine, De ciuitate Dei, 1.26, 2.2 and 6.9, ed. Dombart and Kalb, pp. 26–27, 36, 179. Hellmann (p. 40) incorporates into the text a phrase castitatem custodit, not found in most Class 1 MSS: Pudicitia namque castitatem custodit, auaritiam refrenat. It seems that an early scribe expected pudicitia (here used in a generic way, as relating to the mind rather than the body) to be defined as protecting chastity, and so inserted it into the text. 54 Cf. Rom. 13. 13. 55 ‘Greed of the gullet’ (gulae concupiscentias) is frequently mentioned by Cassian, as in Conlationes, 5.25, ed. Petschenig, p. 125 and De institutis coenobiorum ,5.1, 5.11, 5.16, ed. Petschenig, pp. 81, 89, 93. 56 Prov. 3. 4.

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Indeed, it acquires a good reputation among people57 and rejoices in the hope of future beatitude, leaves a good example for those in the present, and leaves a delightful memory for those who come after, always delights in and agrees with good behaviour, and focuses the mind by frequent meditation and speaking on the scriptures,58 keeps the examples of good men who have gone before, and keeps the inseparable company of the perfect. 6. The practice of true modesty is established in two ways, that is in the behaviour and appearance of the body and in the inward disposition of the mind.59 7. Through the outward manner, as the apostle says, we offer good example to people, through the interior manner we provide good works before God.60 8. For modesty of the body is not to covet the goods of others, to avoid all impurity, not to wish to eat before the proper time, not to provoke laughter, not to utter false or vain words, having demeanour ordered in everything with appropriate presentation of clothing and hair as is fitting, not to keep the company of unworthy persons, not to look upon anyone with a haughty regard, not to permit the eyes to wander,61 not to walk with a showy or seductive gait,62 not to appear lesser than anyone in beginning good works, not to be an occasion of reproach or shame for anyone, not to blaspheme anyone, not to mock the old, not to argue with one’s better, 5.

57 Cf. Phil. 4. 8 (quaecumque pudica… quaecumque bonae famae). 58 ‘Frequent meditation on scripture’ (assiduis scripturarum meditationibus) is not a phrase used by Augustine or Jerome, but it occurs in Pseudo-Chrysostom, Opus imperfectum in Matthaeum, Hom. 52 (Matt. 25. 1), PG, 56, 930. 59 Jerome speaks of ‘internal disposition of the heart and profound depths of the mind’ (internum cordis affectum et profundos sanctorum recessus) in Comm. in epist. Paulinas, Ad Philemon, 7.93, ed. Bucchi, p. 93. 60 On the exterior/interior distinction see above abuse 2, n. 14. 61 ‘To wander with the eyes’ (uagari oculis) is used in the translation of Basil, Regula, 108.1, ed. Zelzer, p. 135. 62 ‘Showy or seductive gait’ (pompatico et illecebroso gressu) echoes Augustine, Enarrationes in Psalmos, Ps. 76.1, ed. Dekkers and Fraipont, p. 1052 (saeculique huius pompam et illecebram).

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9. 10.

not to discourse upon things of which you know nothing, nor also to put forward everything which you know. These things render one beloved to one’s neighbours and make one acceptable to God. Indeed, modesty of the soul63 is to do good things more for the sight of God rather than of people, to curb lustful inclinations, to esteem everyone to be better, to envy no one, to presume nothing of oneself, to commit everything always to the help of God, to place oneself before the eyes of God, not to stain one’s judgement with heretical perversity,64 to agree with catholics in everything, to cleave only to God, to offer up to the lord Christ chastity of the inward mind, to complete all good works that have begun by the end of one’s life, to minimize present tribulations by strength of spirit,65 to love nothing of this world apart from neighbours, to lay up the treasure of all one’s love in heaven,66 and to hope for a heavenly reward from God for every good deed. 11. Modesty is the adornment of the noble, the raising up of the humble, the ennobling of the low born, the beatification of the feeble, the prosperity of the able-bodied, the consolation of the bereaved, the enhancement of every beauty, the adornment of religion, the punishment of crimes, the multiplier of merits, the friend of God,67 creator of all.

63 Jerome speaks of modesty of the mind (pudicitia animi) in Ep. 130.13, ed. Hilberg, CSEL, 56, p. 192. 64 This phrase (haeretica prauitatis sensum) is rare, but may come from Jerome, Comm. in Ezech., 4.16 (line 1491), ed. Glorie, p. 183. 65 Jerome speaks of the hardness of tribulations and strength of spirit in Comm. in prophetas minores, In Zach. 2.9, ed. Adriaen, p. 836. 66 Cf. Matt., 19. 21. 67 On becoming a friend of God, see Jerome, Comm. in prophetas minores, In Michaeam, 2.7, ed. Adriaen, p. 510.

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< 6. A lord without moral strength> 1. The sixth step of abuse is a lord without moral strength, for there is no profit to having the power of lordship,68 if the lord does not also possess the rigor of moral strength. 2. But this rigor of moral strength needs not so much exterior strength, which is itself necessary for secular lords, but rather interior strength of spirit,69 through good behaviour. 3. For often the power of governing is lost through negligence of spirit, as is proven to have happened in the case of Eli, the priest,70 who did not restrain his sons with the severity of a judge, as if consenting to them, and whom the Lord did not spare punishing with great ferocity. 4. For those who govern, it is necessary to show three things: namely terror, ordinance, and love;71 for unless a lord is equally loved and feared, his ordinance cannot stand at all. 5. Therefore, let him seek to be loved through kindness and affability and let him strive to be feared through just punishments not out of personal injury, but out of the law of God. 6. On that account also, while many depend upon him, he himself ought to depend upon God, who established him as a leader, who made him a stronger man, that he might bear the burdens of many. 7. For unless a peg is set fast and firmly into something stronger than it, everything that hangs upon it will quickly slide, and, loosed from the rigor of its firmness, will fall with its burdens to the ground.72 8. Likewise, a prince, unless he clings fast to his maker, will himself quickly perish and each person who agrees with him. 9. For certain people come closer to God through the office of government, while others become worse after they are set in the honour of high office. 68 On the power of governing (dominandi potestas) as given by God, see Augustine, De ciuitate Dei, 5.19, ed. Dombart and Kalb, p. 155. 69 On interior fortitude, see Gregory the Great, Moralia in Iob, 29.17, ed. Adriaen, p. 1454. 70 i Esdras 10. 18, alluded to by Jerome, Comm. In IV epistulas Paulinas Ad Eph., 3, PL, 26, 574. 71 Cf. Ps-Chrysostom, Opus imperfectum in Matthaeum, Hom. 22 Matt. 8. 6, PG, 56, 752: ‘Domini ergo servis debent amorem, propter communem naturam; servi autem debent dominis suis timorem, propter ordinationem divinam.’ 72 Cf. Is. 22. 23–25.

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10. For Moses, having accepted leadership of the people, employed expressions as someone intimate with God;73 but Saul, the son of Cis, after taking the sceptre of the kingdom, offended God through the pride of disobedience.74 11. After king Solomon had succeeded to the throne of his father David, God gave him the gift of wisdom beyond all mortals, so that he might be able to rule a numerous people.75 12. Indeed, by contrast, Jeroboam the servant of Solomon, after he had usurped part of the kingdom of the House of David, turned the ten tribes of Israel that lived in Samaria to the worship of idols.76 13. Through these examples it is evident that certain people grow to greater perfection77 when in a higher station, and some become worse and fall through the arrogance of government. 14. Through both of which it is understood that they who rise to better things are able to do so through strength of mind and with the help of God, and those who turn to worse things, err equally through weakness of mind and through negligence. 15. Whence a lord ought not be without moral strength, which he cannot have at all without the help of God.78 16. For he who watches over many things, if he does not have fortitude, is not able to do this, since great things tend to work with great troubles or adversities. 17. Let everyone therefore who is a leader first procure this with complete intention of the mind, so that in everything he may not doubt at all about God’s assistance. 18. Indeed, if in his actions he begins to have as helper the Lord of lords, no man will ever hold his governance in contempt. 19. For there is no power but from God.79

73 Cf. Exod. 33, 11 and Gregory the Great, Moralia in Job, 18.54, ed. Adriaen, p. 951. 74 i Chronicles 29. 12–30; I Sam. 15. 11. 75 i Kings 1. 28-40, 3. 10-12. 76 i Kings 11. 1–40. 77 On growing to perfection, Augustine, Enarrationes in Psalmos, Ps. 118, sermo 25.7, ed. Dekkers and Fraipoint, p. 1752. 78 The phrase sine Dei auxilio, never used by Augustine, occurs in Ps.-Chrysostom, Opus imperfectum in Matthaeum, Hom. 18.7.7, PG, 56, 730. 79 Rom. 13. 1.

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20. He lifts the needy man out of the dunghill and makes him sit with the princes of his people; and he casts down the mighty from their seat and exalts the humble, so that the whole world might be subject to God and require God’s glory.80

1. The seventh step of abuse is a contentious 81 Christian, who while undertaking to share in the name of Christ through faith and baptism,82 yet against the sayings and way of life of Christ, loves the fleeting pleasures of this world. 2. For everything which is argued over, is sought either on account of particular love of that thing being discussed, or on account of passion for something else, which hides under some hateful appearance. 3. For example, although war with spirited conflict of fighting men is hateful, it is conducted out of love of victory and freedom, and many other pleasing appearances are sought after quite contentiously through hateful effort or fear. 4. Hence it can be clearly understood that nothing can be argued over except on account of love, namely in expectation of a loving reward in return. 5. Accordingly, whoever argues over anything in the present world, for whatever reason, clearly shows that he loves that world. 6. How therefore do the words of the Holy Spirit, speaking through John, forbid that it should be loved, by which he says: Love not the world, nor the things that are in the world?83 7. For the love of both God and the world cannot dwell together equally in one heart, just as the same eyes cannot look equally up to heaven and down to earth. 8. But it must be asked if there is anything in the world that ought to be loved, 80 Ps. 112. 8; Luke 1. 52; Rom. 3. 19. 81 Cf. i Cor. 11. 16. 82 Cf. Eph. 4. 5. 83 i John 2. 15.

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and what is that world which the divine words forbid being loved? 9. Therefore, the earth with everything emanating from it, be they metals, living things, beautiful clothes, and tasty foods, and anything connected with these, is taught not to be loved, but a neighbour, for whose sake all these things are made, is to be loved. 10. For all the aforementioned things are passing, and cannot accompany those journeying to a heavenly home; neighbours, however, like those remaining as co-heirs84 of a king, legitimately love each other. 11. What therefore always remains in the world will equally perish with it, and the world itself is ordered not to be loved. 12. But a neighbour, who is a part of the heavenly kingdom on earth, is meanwhile not inappropriately loved by those seeking the kingdom of heaven, while he is considered a co-heir in that supreme homeland for ever. 13. For this reason, indeed, the present world is commanded not to be loved, lest each lover of the world become estranged from the love of God. 14. Therefore, what should not be loved should not be argued over. 15. Thus, a Christian, who bears a likeness to the name of Christ, ought also to have a likeness in behaviour.85 16. For no one can rightly be called a Christian unless he is comparable to Christ in behaviour. 17. Regarding Christ, it is written thus through the prophet: Behold my son whom I have chosen, my chosen one, in whom my soul is well pleased; I shall place my spirit upon him. 18. He shall not argue, nor cry out, nor shall anyone hear his voice in the street.86 19. And if you desire to be like Christ in behaviour, do not argue, do not be abusive as a Christian in the Church. 20. For Christ commanded his followers: Do not be called Rabbi for you have one master, who is Christ; and call no one father upon the earth, for you have but one father, who is in heaven.87 84 Rom. 8. 17. 85 On the phrase ‘likeness of the name of Christ’, see Pseudo-Chrysostom, Opus imperfectum in Matthaeum. Hom. 48 24. 5, PG, 56, 902. 86 Matt. 12. 18–19, citing Is. 42.1–2. 87 Matt. 23. 8–9.

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21. For you are all brothers, whom he commanded to pray, saying: Our Father who art in Heaven, hallowed be Thy name.88 22. In vain therefore does he argue with a father on earth, who professes to have both a father and a fatherland in heaven, a fatherland of which no one is made an owner, unless he is considered free of argument about an earthly fatherland.

1. The eighth step of abuse is a proud pauper89 who although he has nothing, is puffed up with pride, when by contrast, the rich of the world are commanded by the apostle Paul not to be high-minded.90 2. What could be more foolish, therefore, than that he, who ought to advance on earth through great wretchedness as someone abject, lowly, humble and downcast, should assert against God a mind puffed up with the swelling of haughty pride?91 3. Those who had been established in the highest part of heaven, having fallen through this vice, came to grief. 4. Why does he want to wax proud as if being powerful on earth, who ought to be humble before all men?92 5. But lest they are saddened by their poverty, let them be mindful as paupers of what they shall receive from God. 6. For he himself says: Blessed are the poor in spirit, for theirs is the kingdom of heaven.93 7. For by a fitting dispensation the merciful judge entrusts the kingdom of heaven to those from whom, among mortals, he has removed sharing in any worldly kingdom so that one who acquired almost nothing on earth, might appear rich in the throne of heaven. 8. Therefore, the poor should take heed lest while they of necessity forego the kingdom of earth, 88 Matt. 6. 9. 89 Ecclus. 25. 4 (pauperem superbum et divitem mendacem et senem fatuum). 90 Cf. i Tim. 6. 17. 91 The phrase ‘puffed up with the swelling of haughty pride (superbi tumoris inflatus)’ is used by Cyprian, Ep. 52.2.1, ed. Diercks, p. 245; see also Gregory, Moralia in Iob, 7.28, ed. Adriaen, p. 357. 92 Ps. 111. 2. 93 Matt. 5. 3.

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9. 10. 11. 12. 13. 14. 15. 16.

they should also lose the kingdom of heaven through imprudence of mind. For while they may accept involuntary poverty as a dispensation of God, it depends on their judgement whether they are poor in spirit.94 The kingdom of heaven is promised not to whoever is poor, but only to those in whom humility of spirit accompanies a lack of wealth.95 For a humble pauper is called poor in spirit, who, when he is perceived as outwardly needy, is never exalted with pride, because humility of mind is more advantageous in gaining the kingdom of heaven than temporal poverty of riches in the present. Indeed, humble people who possess riches may be called poor in spirit, and the proud who have nothing are certainly deprived of the blessing of poverty. Of both sorts of people, holy scripture speaks thus: One having nothing is like a rich person, another with many riches is a pauper.96 A pauper with many riches, therefore, is a rich person who is humble in spirit, and a proud pauper having nothing, is like a rich man in disposition of mind. Noble poverty, therefore, is humility of mind and empty riches are a disturbance for the spirit. The poor must therefore take care to understand what kind of person they are, and let them cease from waxing proud with a swelling mind because they are unable to obtain things.

1. The ninth step of abuse is an unjust king,97 who when he ought to be a ruler98 for the unjust, 94 Matt. 5. 3. 95 Augustine, Enarrationes in Psalmos, Ps. 73.24, ed. Fraipont and Dekkers, p. 1021. 96 Prov. 13. 7; cf. Luke 16. 19–23. 97 Cf. Ecclus. 51. 7 (a rege iniquo). The rex iniquus is also mentioned in Opus imperfectum in Matthaeum, Hom. 2 at 2. 1, 2. 5, PG, 56, 636, and 640. 98 While Class 1 MSS give rector as in the second sentence (and etymologically linked to rex or king), Class 2 and 3 MSS render this as corrector, to clarify the sense of the word.

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2. 3.

yet in himself does not preserve the dignity of his name; the name of king, however, retains this significance intellectually that he should fulfil the office of ruler for all his subjects. For how can he correct others, who does not correct his own behaviour, lest it be unjust, since in the justice of the king, the throne is exalted and in truth the governance of the peoples is strengthened? Indeed, the justice of a king is to oppress no one unjustly through power,99 to give judgement between one man and another without favouritism to individuals,100 to be the defender of strangers, orphans, and widows,101 to restrain theft, to punish adultery, not to exalt the wicked, not to nourish the shameless and the histrionic, to rout the ungodly from the land, not to allow parricides or perjurers to live, to defend churches, to help the poor with alms, to set just men over the affairs of his kingdom, to have elders and wise men as sober counsellors, to pay no heed to the superstitions of soothsayers and sorceresses,102 to restrain anger, to defend his country valiantly and justly against adversaries, in everything to trust in God, not to be elated in spirit with prosperity, to uphold catholic faith in God, not to permit his sons to act impiously, to keep fixed times for prayer, not to dine before the proper hour. 4. For woe to the land whose king is a youth and whose princes dine in the morning.103 5. These things create prosperity in the present 99 On oppressing through power, see Lev. 25. 46, Deut. 21. 14, and James 2. 6. Jerome speaks against those who oppress through power in Comm. In Ezechielem, 6.18, ed. Glorie, pp. 213, 236, and 238. 100 Variations of the need to be without favouritism occur in Rom. 2. 11, Eph. 6. 9, Col. 3. 25, James 2. 1 and i Peter 1. 17 (sine acceptione personarum, as cited here), combined with Jer. 7. 5 about doing justice between man and his neighbour. 101 References to the need to protect aduenae, pupilli and uiduae occur frequently in Deuteronomy, but only in Jeremiah 22. 2–3 are they linked to the responsibilities of the king, as picked up by Jerome, In Ieremiam prophetam, 4, ed. Reiter, p. 254. 102 Cf. i Sam. 28. 3. 103 Eccles. 10. 16.

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6. 7. 8. 9. 10. 11.

and lead the king to the greater heavenly kingdom.104 But he who does not administer the kingdom according to this law, truly sustains many evils and adversities of government. Because of this, the tranquillity of the peoples is often disturbed and causes of offence are also stirred up against the kingdom, the fruits of the earth are also diminished, and the service of the peoples obstructed, many different misfortunes beset the kingdom and hinder its prosperity, the deaths of loved ones and of children bring sorrow, enemy invasions devastate provinces on all sides, beasts tear apart herds of oxen and cattle, the storms and disturbed hemispheres of the air prevent the fertility of the earth and the bounty of the sea,105 and sometimes bolts of lightning wither the corn and the blossoms and shoots of trees.106 But above all the injustice of a king not only darkens the face of the present realm, but even causes his sons and nephews to be forgotten, so that they do not inherit the kingdom after him. For the Lord, because of Solomon’s great sin,107 dispersed the kingdom of the House of Israel away from the hands of his sons, and because of King David’s justice, he left a lamp108 from his seed forever burning in Jerusalem. Behold of how much value is the justice of a king in this world, is most plainly evident to those who consider this. From it comes the tranquillity of peoples, the defence of the homeland, the protection of common folk, the nation, the remedy for sorrows, the rejoicing of men, the moderation of the weather, the stillness of the sea,

104 Cf. Gregory the Great, Moralia in Job, 16.59, ed. Adriaen, pp. 840–841. 105 Cf. Gregory the Great, Hom. in euang. 2.35.1, ed. Etaix, p. 321. 106 The combination of references to corn, blossom and shoots is rare, but has an echo in Jerome, Ep. 60.12, ed. Hilberg, CSEL, 54, p. 564. 107 Cf. i Kings 11. 31. 108 Cf. I Kings 11. 36; II Kings 8. 19.

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the fruitfulness of the earth,109 the solace of the poor, the sure inheritance of sons, and for himself the hope of happiness in the world to come. Yet let the king know this, that just as among men he is set highest in his throne, so if he does not administer justice, he shall acquire primacy in punishment. 13. For just as he has all sinners, whoever they are, under him in this life so shall he find himself under the rule of punishment110 in that torment that is to come. 12.

1. The tenth step of abuse is a negligent bishop, who seeks to be honoured among men for his high standing, but does not guard the dignity of his ministry in the sight of God, for whom he functions as an ambassador.111 2. Therefore, let it first be asked of the bishop what the dignity of his name signifies, since episcopus is a Greek name meaning watchman.112 3. Why he is made a watchman and what is required of a watchman the Lord himself reveals, when through the person of the prophet Ezekiel, he declares to the bishop the reason for his office, speaking thus: I have set you as a watchman over the house of Israel.113 4. Therefore, when you hear the word from my mouth, you shall announce them to the people from me. 5. If you see a sword coming and warn them not, so that the impious may turn back from his path, then the impious shall die in his wickedness, but his blood I shall require at your hand. 109 Basil, as translated by Rufinus, praises the fertility of the soil and the temperateness of the weather in Homiliarum Sermo 3, ed. Lo Cicero, p. 49. 110 The phrase modo plagali is a variation of Deut. 25.2 (plagarum modus), otherwise used only by the Irish Augustine, De mirabilibus sacrae scripturae, PL, 35, 2165 and Liber de ordine creaturarum, ed. Diaz y Diaz, p. 124. 111 ii Cor. 5. 20. 112 Jerome, Comm. In Ezechielem, 10.33, ed. Glorie, pp. 468–469. 113 Ezek. 3. 17, 33. 7.

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6. If, however, you warn him of its coming and he does not amend, he shall indeed die in his iniquity, but you have saved your own soul.114 7. A bishop therefore ought to attend carefully to the sins of all those over whom he has been placed to keep watch, and after attending to them, if he can, he ought to correct them by word and action, and if he cannot, then in accordance with the rule of the Gospel, he should turn away the doers of wickedness. 8. For the Lord says in the Gospel: If your brother transgress, correct him between yourself and himself alone. 9. If he listens to you, you have gained a brother; if he does not listen to you, take one or two with you, so that in the mouth of two or three witnesses, every word may stand; if he does not listen to them, tell the Church; and if he does not listen to the Church, let him be to you as a heathen and a publican.115 10. In such a way, whoever does not adhere to a teacher or a bishop, must be expelled, and whoever is expelled from such a position, ought not to be received by any teacher or bishop. 11. For it is written in the law about a priest: Let him not take a widow or a divorced woman as a wife.116 12. He, therefore, who receives an excommunicate, without the prior consent of the aforementioned catholic, transgresses the laws of the holy priesthood, into which order of Christians he was chosen.117 13. By this reasoning, the bishop must conduct himself towards those over whom he has been placed as a watchman. 14. Besides, the apostle Paul sets forth what kind of man he ought to be, so that coming to the rank of bishop: he ought to be sober, prudent, chaste, wise, modest and hospitable, having sons subject to him in all chastity, having a good report from outsiders, spreading trustworthy word of teaching doctrine, having had no more than one wife before becoming a bishop, not a fighter, not double tongued or deceitful, not a drunkard, not a neophyte, so that by these qualities he may display first in action, what he teaches others in discourse of instruction.118 114 Ezek. 33. 7–9. 115 Matt. 18. 15–17. 116 Lev. 21. 7, 14. 117 Cf. i Peter 2. 9. 118 i Tim. 3: 1–7, rearranged; cf. Titus 1. 9.

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15. Therefore, let negligent bishops take heed, because in the time of vengeance, the Lord shall complain, in the words of the prophet: Many pastors have destroyed my people; and the shepherds did not look after my flock, but fed themselves.119 16. But rather let them whom the Lord has set over his family take care to give them at the proper time a measure of wheat—that is to say pure and trusted teaching so that at the Lord’s coming, they may deserve to hear: Well done my good and faithful servant; because you have been faithful over a few things, I will set you in charge over many: enter into the joy of your Lord.120

1. The eleventh step of abuse is common folk without discipline,121 who, while not keeping the practices of discipline, entrap themselves in the common snare of perdition. 2. For the anger of the Lord is not evaded without the rigor of discipline, and is therefore preached to undisciplined common folk in the words of the Psalmist: Receive discipline, lest God be stirred to anger.122 3. Discipline is indeed ordered correction of behaviour and observance of the rules of our preceding elders. 4. About this discipline, the apostle Paul speaks thus, saying: Persevere in discipline, just as God offers himself to you as his children; if you are outside discipline, you are all made partakers in this, then you are adulterers and not children.123 5. Therefore, those who are adulterers without discipline do not obtain as well inheritance of the heavenly kingdom; but if children bear the correction of paternal discipline, they should not despair about sometime being able to receive their inheritance. 6. About this discipline Isaiah preaches to an errant people, saying: Cease acting perversely and learn to do good.124

119 Jer. 12. 10; Ezek. 34. 8; rarely quoted in patristic literature apart from Jerome, In Ieremiam, 3, ed. Reiter, p. 156; cited by Gildas, De excidio, 81.3, ed. Winterbottom, p. 127. 120 Luke 12. 42; Matt. 25. 23. 121 Cf. ii Tim. 2.21 (stultas autem et sine disciplina quaestiones devita). 122 Ps. 2. 12. 123 Heb. 12. 8. 124 Is. 1. 16–17.

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7. The Psalmist says the same things with a concordant voice, saying: Turn aside from evil and do good.125 8. Therefore, unhappy is the man who rejects discipline,126 for he who tears the discipline of the Church of Christ, dares something beyond the soldiers who, crucifying Christ, did not tear his garment. 9. For just as the garment covers the whole body apart from the head, thus, by discipline the whole Church (apart from Christ who is the head of the Church and is not subject to discipline), is protected and adorned.127 10. That garment was indeed woven without seam from the top throughout, because the same discipline of the Church was assigned and integrated by the Lord from heaven above.128 11. The Lord spoke to his apostles about this, when he was about to ascend to the Father after he had risen from the dead, saying: Remain here with the city until you are clothed with power from on high.129 12. The discipline of the Church is therefore the garment of the body of Christ; he, however, who is outside that discipline is alien to the body of Christ. 13. Let us not therefore rend that garment, but let us cast lots for it, that is to say, let us not break any of the Lord’s commandments, but let each remain with God in that to which he has been called.130

1. The twelfth step of abuse is a people without law, which while it despises the words and ordinances of laws,131 runs through different paths of errors into the same snare of perdition. 2. Concerning these paths, the prophet, speaking as a transgressor for his people, laments the whole human race: We have all like sheep gone astray, everyone has turned aside to his own path.132 3. Of those paths, the same inspired wisdom speaks through Solomon: Many paths seem right to men and the most recent of them leads to death.133 125 Ps. 36. 27. 126 Prov. 15. 32. 127 Cf. John 19. 23–24; Cyprian, De ecclesiae catholicae unitate, 7, ed. Bévenot, p. 254. 128 Cf. Augustine, In Iohannis euangelium tractatus, 118.1–2, ed. Willems, pp. 644–645. 129 Luke 24. 49. 130 John 19. 24; i Cor. 7. 24. 131 The phrase scita legum is used by Jerome, Comm. in Isaiam, 17.60.10, ed. Adriaen, p. 700. 132 Is. 53. 6. 133 Prov. 14. 12.

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4. Assuredly, these many paths of perdition are being trodden when the one royal highway,134 namely the law of God, which turns neither to the right nor to the left, is forsaken through negligence. 5. About this path, clearly, the Lord Christ, who is the end of the law declares for the justice of every believer: I am the way, the truth and the Life, no one comes to the Father except through me.135 6. To that path he invites all men in common, saying: Come to me all you who labour and are burdened, because there is no favouritism to individuals with God.136 7. In him, there is neither Jew nor Greek, male and female, slave and freeman, barbarian and Scythian, but Christ is all in all: for we are all one in Christ Jesus.137 8. Therefore, since Christ is the end of the Law, those who are without law become without Christ.138 9. Therefore, a people without law is a people without Christ. 10. It is a great abuse therefore, in these times of the Gospel, that a people should be without Christ, when the command has been given to the apostles to preach to all nations,139 when the thunder of the Gospel has resounded throughout all the regions of the world, when the nations who did not follow justice, attained justice,140 when they who were far off were drawn near in the blood of Christ,141 who once were not a people, but are now a people of God142 in Christ, when now is the acceptable time, the day of salvation143 and a time of refreshment in the sight of the most high, when every nation bears witness to the resurrection, when the Lord himself asserts: Behold I am with you always, even to the end of the world.144 134 Basil, Homiliarum VIII, Sermo 2, ed. Lo Cicero, p. 33 (sed uia recta, uia regali). 135 Rom. 10. 4; John 14. 6. 136 Matt. 11. 28. 137 Gal. 3. 28; Col. 3. 11. 138 Rom. 10. 4. 139 Matt. 28. 19. 140 Rom. 9. 30. 141 Eph. 3. 13. 142 i Pet. 2. 10. 143 ii Cor. 6. 2. 144 Matt. 28. 20.

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11. Therefore, let us not be without Christ in this transitory time, lest Christ begin without us in the age to come.145

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Smyth, Marina, ‘The Seventh-Century Hiberno-Latin Treatise Liber de ordine creaturarum: A Translation’, Journal of Medieval Latin, 21 (2011), 137–222. Snyder, Christopher A., The Britons (Oxford: Blackwell, 2003). Stansbury, Mark, ‘Conversion and the Origin of Irish Script’, in Transforming Landscapes of Belief in the Early Medieval Insular World and Beyond: Converting the Isles II, ed. by Nancy Edwards, Máire Ní Mhaonaigh, and Roy Flechner (Turnhout: Brepols, 2017), pp. 65–86. Staunton, Michael, Thomas Becket and his Biographers (Woodbridge: Boydell, 2006). Stocking, Rachel L., Bishops, Councils, and Consensus in Visigothic Spain, 589–633 (Ann Arbor: University of Michigan Press, 2000). Stone, Martin W. F., ‘Equity and Moderation: The Reception and Uses of Aristotle’s Doctrine of ἐπιείκεια in Thirteenth-Century Ethics’, Documenti e studi sulla tradizione filosofica medieval, 27 (2006), 121–156. Stone, Rachel, ‘Introduction: Hincmar’s World’, in Hincmar of Rheims: Life and Work, ed. by Rachel Stone and Charles West (Manchester: Manchester University Press, 2015), pp. 1–43. Story, Joanna E., ‘Cathwulf, Kingship, and the Royal Abbey of Saint-Denis’, Speculum, 74 (1999), 1–21. Sturdy, David J., ‘“Continuity” versus “Change”: Historians and English Coronations of the Medieval and Early Periods’, in Coronations: Medieval and Early Modern Monarchic Ritual, ed. by Janos Bak (Berkeley: University of California Press, 1990), pp. 228–245. Swanson, Jenny, John of Wales: A Study of the Works and Ideas of a Thirteenth-Century Friar (Cambridge: Cambridge University Press, 1989). Talbert, Charles H., Reading the Sermon on the Mount: Character Formation and Decision Making in Matthew 5–7 (Columbia: University of South Carolina Press, 2004). Théry, Gabriel, ‘L’authenticité du “De spiritu et anima” dans saint Thomas et Albert le Grand’, Revue des sciences pilosophiques et théologiques, 10 (1921), 373–377. Théry, Gabriel, ‘Thomas Gallus et Egide d’Assise. Le traité De septem gradibus contemplationis’, Revue philosophique de Louvain, 41 (1934), 180–190. Thompson, Benjamin, ‘Pecham [Peckham], John (c. 1230–1292), archbishop of Canterbury’, in Oxford Dictionary of National Biography (Oxford: Oxford University Press, 2004). Thomson, R. M., A Descriptive Catalogue of the Medieval Manuscripts of Merton College, Oxford, (Cambridge: Brewer, 2009). Thurneysen, Rudolf, ‘Die falschen Urteilssprüche Caratnias = Aus dem irischen Recht III’, Zeitschrift für Celtische Philologie, 15 (1925), 302–376. Tocco, Felice, Studii francescani (Naples: Perella, 1909). Todeschini, Giacomo, ‘Participer au Bien Commun: la notion franciscaine d’appartenance à la civitas’, in De Bono Communi: The Discourse and Practice

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389

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Index of Biblical References

References to biblical verses are either to the page on which they are mentioned, or to the number and verse of individual abuses in DDAS (in bold), with roman script indicating direct citation and italics allusions. Books of the Bible are referred to by their Latin names, as in the Vulgate. Gen. 28. 11 Gen. 31. 1 Gen. 31. 48 Exod. 3. 6 Exod. 18. 13–27 Exod. 20. 12 Exod. 33. 11 Lev. 13. 40 Lev. 19. 15 Lev. 21. 7 Lev. 21. 14 Lev. 25. 46 Dt. 5. 16 Dt. 10. 18 Dt. 14. 29 Dt. 15. 8 Dt. 15. 11 Dt. 16. 11 Dt. 16. 14 Dt. 21. 14 Dt. 24. 17–21 Dt. 24. 19 Dt. 25. 2 Dt. 26. 12–13 Dt. 27. 19 Dt. 32. 7 I Sam. 2. 8 I Sam. 9. 2 I Sam. 10. 24 I Sam. 15. 11 I Sam. 28. 3 I Kings 1. 28–40 I Kings 2. 32 I Kings 3. 10–12 I Kings 10. 9 I Kings 11. 1–25 I Kings 11. 31 I Kings 11. 36 I Kings 11. 1–40 II Kings 8. 19 I Chron. 10. 13 I Chron. 29. 12–30 II Chron. 19. 7 I Esdras 10. 18 Job 12. 12 Job 17. 15 Job 22. 9 Job 29. 17 Job 34. 28 Ps. 2. 12

92 3.8 3.8 3.9 275 3.6 6.10 2.5 166 10.11 10.11 39, 9.3 3.6 142n 142n, 165n 165n 165n 142n, 165n 142n, 165n 39, 9.3 142n 165n 9.13 142n 142n 321, 3.10 165n 252 252 6.10 164, 9.3 6.11 217n 6.11 265–266 1.7 9.9 9.9 6.12 9.9 164 6.10 166 6.3 320–321 4.7 165 155 222n 11.2

Ps. 9. 13 Ps. 30. 8 Ps. 30. 19 Ps. 36. 27 Ps. 67. 6 Ps. 77. 70–72 Ps. 88. 20 Ps. 93. 6 Ps. 111. 2 Ps. 112. 8 Ps. 128. 8 Ps. 131. 15 Ps. 145. 9 Prov. 3. 4 Prov. 6. 16–18 Prov. 11. 23 Prov. 13. 7 Prov. 14. 1 Prov. 14. 12 Prov. 15. 32 Prov. 17. 22 Prov. 23. 18 Prov. 24. 12 Eccles. 10. 16 Eccles. 12. 1–7 Ecclus. 4. 33 Ecclus. 7. 40 Ecclus. 20. 24 Ecclus. 25. 4 Ecclus. 35. 17 Ecclus. 51. 7 Is. 1. 16–17 Is. 9. 17 Is. 10. 1–2 Is. 22. 23–25 Is. 32. 17 Is. 42. 1–2 Is. 53. 6 Jer. 7. 5–6 Jer. 12. 10 Jer. 22. 2–3 Jer. 23. 5 Ezek. 3. 17–19 Ezek. 16. 49 Ezek. 28. 15 Ezek. 33. 6–9 Ezek. 34. 8 Hos. 4. 8 Abd. 1. 15–16 Zech. 7. 10

222n 38 245 11.7 165 252 252 165 8.4 6.20 4.18 165n 165 5.3 2.8 4.7 8.13 263 12.3 11.8 2.2 4.7 148n 164, 218n, 9.4 2.5 298 262 166n 38, 8.1 165 38, 9.1 164–165, 11.6 165 165 6.7 298 7.17–18 12.2 164, 9.3 10.15 164, 9.3 249, 260–261, 263–266, 276 148, 166, 10.3 165n 38 166–168, 10.3–6 10.15 222 321 164

392 

Index of Biblical References

Zech. 14. 14–15 4.12 Mal. 3.5165 II Macc. 3. 10 165n Matt. 5. 3 Matt. 5. 3–10 Matt. 5. 5–9 Matt. 5. 7 Matt. 5. 13 Matt. 5. 19–20 Matt. 5. 29–30 Matt. 5. 44 Matt. 6. 9 Matt. 6. 23 Matt. 10. 15–17 Matt. 11. 28 Matt. 12. 18–19 Matt. 13. 46 Matt. 18. 15–17 Matt. 19. 21–22 Matt. 22. 39 Matt. 23. 8–9 Matt. 23. 39 Matt. 25. 23 Matt. 28. 19–20 Luke 1. 52 Luke 2. 52 Luke 6. 27 Luke 1. 52 Luke 12. 42 Luke 12. 47–48 Luke 16. 19–25 Luke 18. 22 Luke 24. 49 Joh. 1. 1 Joh. 14. 6 Joh. 19. 23–24 Rom. 2. 9–13 Rom. 2. 11 Rom. 3. 19 Rom. 8. 17 Rom. 9. 30 Rom. 10. 4 Rom. 11. 29 Rom. 13. 1 Rom. 13. 13

8.6, 8.7, 8.9, 8.10, 8.11, 8.12 95–96 37n 95n, 4.19 95n, 327n, 1.3 94–96 1.5 4.15 7.21 1.4 164 12.5–6 7.17–18 4.16 149, 166, 10.8–9 4.3, 4.16, 5.10 4.14 7.20 4.18 10.16 12.10 6.20 3.4 4.15 6.20 10.16 1.9 4.7, 8.13 4.16 11.11 90n 12.5 101, 11.9, 11.13 104–105 39, 166, 9.3 6.20 7.10 12.10 12.5, 12.8 41n 6.19 5.2

I Cor. 1. 26 I Cor. 7. 18–24 I Cor. 7. 20, 24 I Cor. 11. 16 I Cor. 13. 13 II Cor. 4. 18 II Cor. 5. 20 II Cor. 6. 2 Gal. 2. 11–14 Gal. 3. 28 Gal. 3. 26–29 Gal. 6. 8 Eph. 1. 18 Eph. 2. 12 Eph. 3. 13 Eph. 4. 1, 4 Eph. 4. 5 Eph. 5. 29 Eph. 6. 9 Eph. 6. 14 Phil. 2. 8 Phil. 3. 14 Phil. 4. 8 Col. 3. 11 Col. 3. 25 II Thess. 1. 11 I Tim. 3. 1–7 I Tim 3. 2 I Tim. 6. 8 I Tim. 6. 17 II Tim. 1. 9 II Tim. 2. 21 Tit. 1. 9 Heb. 3. 1 Heb. 12. 8 Heb. 12. 11 Jac. 1. 22 Jac. 1. 27 Jac. 2. 1 Jac. 2. 6 Jac. 2. 20 Jac. 2. 28 I Pet. 1. 17 I Pet. 2. 9–10 I Joh. 2. 9, 15

41n 104 41n, 89, 101–104, 106, 11.13 7.1 17 4.9 10.1 12.10 102 12.7 104 3.13 41n 12.11 12.10 41n 7.1 5.1 39, 166, 9.3 17, 46 3.18 41n 5.5 12.7 39, 9.3 41n 10.14 175 4.7 8.1 41n 11.1 10.14 41n 11.4 3.14 1.1 165 39, 166, 9.3 39, 9.3 1.1 1.1 39, 166, 9.3 97n–98n, 10.12, 12.10 4.14, 7.6



Index of Manuscripts

Amiens, Bibliothèque de la Société des Antiquaires de Picardie, MS CB 62 178n Angers, BM, MS 302 187n Bamberg, Staatsbibl., MS Patr. 23 (B.III.13) 42n Basel Universitätsbibl., MS O. iv. 18 43n Berlin, Staatsbibl. zu Berlin [2]MS theol. lat. fol. 178 190n MS theol. lat. qu. 328 187n Budapest, Eötvös Loránd Tudományegyetem Könyvtár, cod. lat. 102 320–321 Cambridge Corpus Christi College MS 412 250n MS 481 193n Cambridge, CUL MS Ii.1.41 16n, 44n, 55, 58, 187n, 190n, 325 MS Ii.6.55 60n Cambridge, St John’s College, MS 37 60n Cambridge, Trinity College MS B.15.5 (342) 193n MS O.1.52 55 MS O.9.22 7, 16n, 55 Charleville, BM, MS 12 187 Chartres, BM, MS 5 42n Dublin, Trinity College, MS H 2.16 51n Florence, Bibl. Laurenziana MS Ed. 9 42n MS Plut. 89 sup. 31 51n MS San Marco 655 42n Florence, Biblioteca Nazionale Centrale, Magliab., MS XXXIV 76 313, 317n, 318n Göttweig, SB, Cod. 150 50n Graz, Universitätsbibl., MS 169 (42/14 Quarto) 42n Karlsruhe, Landesbibliothek, Cod. Aug. perg. 254 50 Leiden, Universiteitsbibliotheek MS Vossius Lat. 2o 113 42n MS Vossius Lat. Q 82 250n, 261n Lincoln, Cathedral Chapter Library, MS 241 181n London, BL MS Cotton Caligula A IX 60n MS Cotton Cleopatra C VI 60n MS Harley 3027 56n MS Royal 5 F X 44n, 56n

MS Royal 6 B XIII 56n MS Royal 8 F XIV 44n MS Royal 12 B XVIII 250n MS Royal 12 D XV 250n Milan, Bibl. Ambrosiana, MS C 78 sup. 42n Monte Cassino, Bibl. Abbaziale, MS 232 42n Munich, BSB Clm 14468 50n Clm 14497 49 Clm 22053 50 Clm 23795 44n New Haven, Beinecke Library, MS 373 202n Oxford, Bodleian Library MS Bodley 800 56n MS Rawl. Poet. 32 60n MS Rawl. C 72 44n Oxford, Jesus College, MS 29 60n Oxford, Merton College, MS 248 205n Oxford, New College, MS 140 168n Paris, Bibl. de l’Institut, MS 608 250n Paris, Bibl. Sainte-Geneviève, MS 237 187n Paris, BnF MS lat. nouv. acq. 1632 123n MS lat. 2155 44n MS lat. 2331 56n MS lat. 2769 50 MS lat. 2994A 44n MS lat. 3244 187n MS lat. 3330 55, 56n MS lat. 6698 250n MS lat. 6698A 250n MS lat. 6780 250n MS lat. 10463 42n MS lat. 12270 42n, 180 MS lat. 12583 179n MS lat. 15034 217n MS lat. 15146 44n, 56 MS lat. 15451 216n, 219n MS lat. 16622 250n Rheims, BM MS 116 190n MS 440 58n MS 446 187n MS 1401 190n Rouen, BM MS 508 56n MS 938 250n MS 1333 56n

394  Salisbury, Sarum Cathedral Library, MS 168 56n Siena, Biblioteca Communale, MS U.V.5 311, 313, 315–317 St Gall, SB MS 89 54, 121–122, 124-125 MS 132 42n MS 150 54, 121–122, 124–125 MS 277 54, 123-124 MS 570 54n, 123, 124 MS 1399a.1 46n Tours, BM, MS 396 190n Troyes, Médiathèque MS 177 176n, 190n MS 215 176n

Index of Manuscripts

MS 558 176n, 190n MS 637 176n, 187n, 190n Vatican, BAV MS Pal. lat. 973 58n, 127 MS Reg. lat. 195 44n MS Reg. lat. 1340 250n MS Vat lat. 3834 43n Vienna, ÖNB MS lat. 2232 50n MS lat. 5362 250n Zurich, Zentralbibliothek MS Rheinau 95 51, 55, 180 MS Rheinau 140 50



General Index

References in roman script are to pages or to notes at the bottom of a page. References to specific abuses of DDAS are in bold. Abbo of Fleury 133–134, 154 Abel 18, 45–46 Abelard see Peter Abelard abuse (abusio; abusion) 36, 90–91, 233, 236 in behaviour 16, 21, 24–25, 27, 35, 38–39, 177, 187, 234, 236–239, 241–242, 245 see De XII abusiuis saeculi; disputatiousness; Hugh of Fouilloy; laziness; litigiousness; negligence; vice in language 25, 35, 38, 92–93, 245 see grammar Adam Marsh 223–224 Admonitiones 43–44, 56, 57n, 60 admonishment see vice, correction of adolescence 151, 330n, DDAS 2 see youth Ælfigu 152 Ælfric of Eynsham 16, 18n, 59–60, 167 aequitas 15, 19, 21, 28, 40, 143, 161, 217n, 222–223, 266, 283, 285–301, 303–306 Aethelbald of Mercia 113–114 Aethelred of Northumbria 116–117, 119 Aethelwold, Bishop of Winchester 60 Agnes of Poitou, Empress 150 Albert the Great 26, 193, 255, 258, 286 Alberto da Padova 284–285, 292, 297 Alcuin 116–119 Alexander II, Pope 56, 144 Alexander III, Pope 147 Alexander IV, Pope 222 Alexander the Great 27, 253, 258 Alexander of Hales 26, 193, 254–255 Alfonso XI of Castile 20 alms-giving 113–114, 125, 155–156, 158, 211, 264, 315, 332n, DDAS 3, 9.3 Ambrose 53, 149, 168, 257, 274 Ambrosianum 40–41 amicitia see friendship anger 148, 150, 152, 159, 174n, 218n, 267n, 217, 269n, 271, 272n, 284, 291, DDAS 5.2, 9.3 of God 49, 122, 268, DDAS 11.2 Anno II, Archbishop of Cologne 144–145 Antichrist 29, 311, 313–314, 317, 319–320 see apocalypticism Anton, Hans Hubert 19n, 48n, 71n, 76n, 89n, 112, 113n, 114n, 115n, 117, 128n, 129n, 130n Armagh 42, 52, 80, 98n apocalypticism 314, 317–319 Aquinas see Thomas Aquinas

Aristotle 27–28, 203, 256–259, 283, 288, 293, 297, 302–303 Metaphysics 300 Nicomachean Ethics 20, 224, 257, 263, 285–286, 292–293, 295–296, 301 Politics 19–20, 205, 258, 285 Topics 252, 270 Aristotle, Ps.- see Secretum secretorum Asceticon see Basil, Rule of Audacht Moraind 71, 73–75, 78–80, 82 Augustine of Hippo 17, 37, 38, 41, 42n, 44, 48, 57, 60n, 61, 73, 91–92, 102–103, 130n, 155, 168, 179, 206–207, 210, 216n, 251, 254, 257–258, 285, 292, 327n, 335n, 338n Contra Faustum 17, 179n Contra Julianum 45n, 328n De ciuitate Dei 166–168, 179n, 183, 206, 207n, 219, 301, 303, 304n, 334n, 337n De diuersis quaestionibus octoginta tribus 56n Ennarationes in Psalmos 331n, 335n, 338n, 342n Expositio epistulae ad Galatas 46, 102 In Iohannis 348n Sermones 56n, 166 attribution of DDAS to 16n, 20n, 22–23, 26, 27, 35–36, 52–62, 71, 174, 176, 180, 193n, 194, 214n, 218–219, 254–255 Augustine, Ps.- see De mirabilibus sacrae scripturae; De singularitate clericorum; De spiritu et anima; Fulgentius of Ruspe; Quaestiones Orosii et responsiones Augustini Augustine, Rule of 174, 178–179, 188, 192 Augustinian canons 25–26, 28, 53n, 178, 180–183, 194, 259–260, 292 see Alberto da Padova; Giles of Rome; Hugh of Fouilloy; Hugh of Saint-Victor Bacon, Roger 27, 205, 253 balance see aequitas Barrau, Julie 20n, 203n Basil (of Caesarea) 40, 345n, 349n Rule of 23, 40–41, 87, 92, 101–103, 106, 257, 335n Basil, Ps.- see Admonitiones Beauvais 50 see Vincent of Beauvais Becket, Thomas 147–148, 151

396  Bede 56n De schematibus et tropibus 38n Historia Ecclesiastica 39n In epistulas septem catholicas 49 Benedict XII, Pope 317 Benedict (of Nursia) 129n, 179n Rule of 40–41, 72, 73n, 92, 178–179, 192 Benedictines 53n, 56n, 190 Berengar of Tours 56 Bernard of Clairvaux 26, 173, 175–176, 183, 192, 257, 274 Apologia  176, 190–192 attribution of De interiori domo to 186 attribution of De XII abusionibus claustri to 194 Bernardino of Siena 29, 311–21 Bernold of Constance 175 bishops 23–24, 25, 51, 76, 78, 91, 97, 100, 106, 120, 124, 126–127, 141–169, 174–177, 208, 265, 412, DDAS 10 body politic forms of see ciuitas; cloister; commune (Italian); kingdom; tuath; populus; respublica organic metaphor of 207–209, 222–223, 256, 294, 298–299, 301 see Institutio Trajani Boethius 257, 330n Bonaventure 204, 222n, 256, 257, 265, 311–312, 315 Boniface 47–48, 113–114, 116, 118 Boniface, Ps.- 119 Boniface VIII, Pope 259 Breen, Aidan 7, 16n, 18n, 22, 36, 40, 46n, 54–55, 57, 60n, 81n, 88n, 92, 98, 150, 163–164, 325 Burton 167 Annals of 222–223 Bury 53n, 56–57, 167 Byland Abbey 16n, 55 Byrne, Francis J. 45n, 78n Caesarius of Arles 102, 332n, 334n Carolingian 18–20, 22–25, 35, 47, 60, 62, 97n, 99n, 111–112, 117, 120, 122, 131–134, 141, 179–180, 191, 251 see Charlemagne; Charles the Bald; Charles the Simple; Louis the Pious; Pippin III; Pippin of Aquitaine Carthach (Mochuda) 45 Rule of 41 Cassian, John 37, 39, 44, 192, 327n Conlationes 56n, 57n, 92, 183, 326n, 331n, 334n De institutis 334n Cassiodorus 257, 328n Cathwulf 47, 114–118, 134 Charlemagne 24, 111, 114–120, 133 court of 47, 121, 123

Gener al Index

Charles the Bald 112, 126, 128–132 Charles the Simple 133 Chaucerian apocrypha 20–21, 60 Chromatius of Aquileia 333n Chrysostum, Ps.- see Opus imperfectum in Matthaeum Cicero 19, 25, 28, 129n, 203, 206, 215, 250–251, 255–258, 276, 283, 285, 288, 292, 303 De amicitia 168 De finibus bonorum et malorum 17n De inventione 17 De officiis, 17, 46, 285 De re publica 206, 207n, 304n rhetorical style of 37, 38n Cicero, Ps.- see Rhetorica ad Herennium Cistercians 53n, 55, 178, 182, 186, 188, 190–191, 194 ciuitas 206, 210, 259, 294, 297, 303 see Augustine of Hippo, De ciuitate Dei Clairvaux 176, 190 see Bernard of Clairvaux Clayton, Mary 89n, 167 Clemens Peregrinus 116 Clement [Scotus] 48 Clement V, Pope 302 cloister 25–27, 173, 178, 181–183, 185–194 see Hugh of Fouilloy Clonard 45 Clonmacnoise 45 Cnut 143, 159, 243 Collectio canonum hibernensis see Hibernensis Collectio canonum libri quinque 174–175 Colm Cille (Columba) 41n, 51, 78 Columbanus 37n, 50, 56n, 73n, 79, 80n, 96n, 103, 180 common folk see plebs commonwealth see respublica commune (Italian) 28, 283–286, 291–305 Guelfs 289, 297, 300 Ghibellines 289 Conrad I, Archbishop of Salzburg 148–149 Conrad II, King and Emperor 142–144 Conrad III, King and Emperor 145n Corbie 22–23, 25, 42, 48, 55, 61n, 62, 177–180, 191, 194 corruption of Church 29, 311, 314–315, 317 of counsel 148, 238–239, 251, 268–269, 274 of legal process 27, 234–235, 239–242 of religious life 177, 183–186 contention see disputatiousness cosmology 72n, 112, 114–115, 118–119, 123, 129–130, 142, 159–160, 167–168, 218, 253 see crops, failure of; fertility; natural disasters; plague; weather Council of Trosly (909) 132, 133 Council of Paris (829) 54, 58, 62, 117n, 120–123, 127

Gener al Index

counsel 112, 113, 151, 154, 161, 168, 207, 220–222, 238, 259, 272, 302, DDAS 3.7, 3.10–11, 9.3 see corruption, of counsel; Parliament (of England) Críth Gablach 98n crops, failure of 24, 75, 77, 115, 159, 163, 175, DDAS 9.7 Cummian 44–45, 81, 92, 102n, 328n Cuthbert 92 Cynsige 152 Cyprian 23, 37, 44, 54, 101, 112, 121, 257, 341n, 348n De opere et eleemosynis 125 attribution of DDAS to 16n, 20, 22–23, 29, 35–36, 52–55, 57, 59–62, 71, 112, 117, 120–122, 124, 133–134, 175, 176n, 180, 193n, 194, 252–254, 257, 267, 269, 319 rhyming style of 23, 37, 54, 90 Cyprian, Ps.- see De XII abusiuis saeculi Dante Alighieri 289 David (of Wales), St 40–41, 96–97, 102n, 106n David, King 46, 94, 184n, 252 DDAS 6.11–12, 9.9 De duodecim abusiuis see De XII abusiuis saeculi De malis doctoribus 43–44 De mirabilibus sacrae scripturae 17–18, 45–46, 48, 52, 72, 78–81, 327n, 345n De singularitate clericorum 56n De spiritu et anima 20, 26, 219, 255 De vita Christiana 41–44, 60n see Pelagius De XII abusiuis saeculi [DDAS] Prol. 15–16, 49–50, 88, 93–95, 177, 193n, 212, 287n, 325–326 1 36–37, 40, 43, 93–95, 127, 214, 217n, 326–328 2 49, 90n, 214, 255n, 328–329 3 151, 214, 255n, 330–331 4 214, 225n, 332–334 5 133, 142, 146, 150–153, 163, 214, 255n, 334–336 6 128n, 214–215, 217, 252n, 255n, 337–339 7 26n, 42n, 100n, 214, 254n, 339–341 8 45n, 90n, 214–215, 341–342 9 15, 18, 20n, 23, 43n, 45n, 46, 60n, 61n, 78n, 99n, 100n, 111–123, 128n, 129–130, 132–133, 141–142, 148, 150, 153–168, 214–215, 217–218, 222n, 252n, 255n, 267n, 342–345 10 23, 25, 43n, 97n, 100n, 106, 124–127, 141–169, 175, 177, 191, 214, 255n, 345–347 11 44n, 93–94, 100n, 214–215, 347–348 12 93–94, 105n, 201, 213–216, 255n, 348–350  adaptations inspired by 51–52, 60 see Chaucerian apocrypha; Hugh of Fouilloy; Lydgate, John; Spiritual Franciscans/Fraticelli

397 attribution of 16n, 20, 22–23, 35–36, 47, 48–62, 71n, 98–99, 111–112, 114, 116, 117, 119, 120–122, 133–134, 168, 174–176, 180, 193n, 218–219, 254, 255, 267, 269, 319 see Augustine of Hippo; Cyprian; Gregory the Great; Isidore; Patrick early printed editions of 21, 36n, 60n, 61, 202n, 209n, 216n, 218–219, 255n end-rhyme in 23, 36–37, 87n, 88n, 90, 325 list derived from 15, 35, 50–51, 53, 59, 89n, 176, 193, 313–314 structure of 88, 92–105, 213 vernacular translations of 16, 18, 21, 59–61, 167, 311–320 Dialogus Quaestionum LXV see Quaestiones Orosii et responsiones Augustini discipline 41, 89, 101n, 103, 105–106, 253–254, DDAS 3.12, 3.14–17, 11 of the mind/interior 182, 189 of soldiers 161–162 disputatiousness 26, 103n, 177, DDAS 7 Dominicans 19–20, 26n, 28, 250, 262, 267, 292, 296–307 see Albert the Great; Enrico da Rimini; Iacopo da Cessole; Paul of Hungary; Ptolemy of Lucca; Remigio de’ Girolami; Thomas Aquinas; Vincent of Beauvais; William Peraldus Donatus 39, 45n, 87n, 92–93 druids 78–79, 82 Dunstan 152, 160–161 Durand of Champagne 27–28, 250, 259, 262 De informatione principum 27, 249–277 Speculum dominarum 28, 249–250, 262–266, 271, 276–277 Eadwig 151–152 Easter 44–45, 81, 98, 103, 176n Ebo of Rheims 123–124, 126–127 Edgar 160–163, 167 Edward I 27, 220, 225, 236 Edward III 20 Edward the Confessor  145, 151 Eleanor of Provence 220, 241 emotion see passions emperor 122, 124–125, 145 see Carolingians; Conrad II; Conrad III; Henry III; Henry IV Enoch 18, 45 Enrico da Rimini 288, 292, 302–304 envy see inuidia equality  at law see impartiality before God 39, 89, 99, 104–106 equity see aequitas Eugenius III, Pope 188 Eynsham see Ælfric of Eynsham Expositio quattuor evangeliorum 327n, 330n

398  faith 44, 100, 104, 106, 217, 268, 284, 320–321, DDAS 7.1, 9.3, 10.16 good faith 315 in relation to works 43, 94, 95n, 326n Fastidius 41–42 Faustus of Riez 328n Fécamp 55–56 Ferghil see Virgil of Salzburg fertility of people 75, 116, 159 of produce 75, 114, 116, 159, 161–163, 345n, DDAS 2.3, 3.15, 9.7, 9.11 see crops, failure of Finnian 50, 96, 103, 106 Flodoard of Rheims 111–112, 134 fortitude 17, 284, 291, 300, 337n, DDAS 6.16 friendship 149, 168, 209, 274, 300, 313–314 Franciscans 26–28, 58–59, 62, 201–226, 249–277, 292n, 306, 312 Spiritual Franciscans (Fraticelli) 18, 28–29, 311–321 see Adam Marsh; Alexander of Hales; Bernardino of Siena; Bonaventure; Durand of Champagne; Guibert of Tournai; Jacopone da Todi; John Pecham; John of Wales; Olivi, Peter John; Ubertino da Casale; Ugo Panziera Frederick of Utrecht 146, 160 Fulgentius of Ruspe 184 Fürstenspiegel see mirrors for princes Gennadius of Marseilles 41–43, 56 Gerald of Wales 251 Gildas 37n, 41, 50, 88n, 96, 103–104, 106 De excidio Britonum 88–89, 327n, 347n Penitential 41 Giles of Assisi 316 Giles of Rome 59 De regimine principum 20, 28, 258–260, 276, 283, 292–297, 303 Giotto di Bondone 283–285, 287–291, 297, 300, 304, 306 gluttony 183, 284 Gratian, Decretum 18, 56n, 141, 175, 257 grammar 38–40, 46, 90, 93n, 97 see abuse; Donatus greed 269, 272, 284, DDAS 4.11, 4.18–19, 5.2 Greek language 18n, 59, 100, 125, 305, DDAS 10.2 people 104–105, DDAS 12.7 Gregory the Great 37, 39, 45n, 51, 96n, 98n, 168, 183, 254, 257, 274, 301 Dialogi 56n Hom. in evangelia 328n, 344n In Ezechielem 179n Moralia 58n, 182n, 252, 254n, 327n, 328n, 329n, 331n, 332n, 337n, 338n, 341n, 344n Regula pastorialis 168n, 252n, 301 attribution of DDAS to 50–51

Gener al Index

Gregory Nazianzene 121, 125 Gregory VII, Pope 153, 156–158 Grimald 54n, 123–124 Grosseteste, Robert 26, 223–225 Guibert of Tournai 213, 253–254, 256 Hadrian II, Pope 131–132 Hales see Alexander of Hales Halitgar 123–124 Harald Hein, King of Denmark 157–158 Henry I, King of England 243 Henry II, King of England 143–144, 147–148, 161, 221, 243n Henry III, King of England 220–221, 224–225 Henry III, Emperor 144 Henry IV, Emperor 141, 144–146, 148, 153–156, 158–159, 175 heretics 22, 42n, 102–103, 150n, 317, DDAS 5.10 see Spiritual Franciscans (Fraticelli); Wycliffe, John; Wycliffites Hibernensis 23, 35, 37n, 40, 41n, 47–49, 51–53, 61, 72–77, 82, 97–99, 103, 106, 113–119, 134, 174 Hilary, Ps.- see Tractatus in septem epistulas catholicas Hincmar of Rheims 22, 24, 58, 111–112, 126–134 Hugh of Flavigny 155–157 Hugh of Fouilloy 25, 55, 173, 177–181 De auibus 180 De claustro animae 55, 58, 173–174, 181–182, 186–192, 194 De XII abusionibus claustri (DDAC) 25–26, 28, 55, 174, 179, 181–186, 191, 193–194, 214n, 274, 314 Hugh of Lincoln 149–150, 163 Hugh of Saint-Victor 26, 61, 180–181, 183, 187, 191–192, 194 humility 40, 92, 103, 183, 188, 192, 273, 314–315, 321, DDAS 8 Iberia 20, 22, 98 Iacapo da Cessole 212n, 288, 292, 304–306 Icelandic 18n, 20 iniustitia 21, 24, 27, 29, 36, 42n, 44, 59, 115–117, 144–145, 154, 165, 192, 194, 218, 249, 259, 283, 285, 289–292, 294–296, 305, DDAS 9.6–9 see vice, personification of in art injustice see iniustitia impartiality 105, 142, 145–147, 150, 159, 162–166, 234–235, DDAS 9.3, 12.6 Innocent II, Pope 144 Innocent III, Pope 257 Institutio Trajani 207, 251 Investiture Contest 141–142, 153 inuidia 269, 271–272, 284, DDAS 5.10 ira see anger Isidore 37–40, 46–49, 55, 60, 73, 87, 90, 97–98, 112, 114, 123, 155–156, 168, 257 Allegoriae 180n

Gener al Index

De differentiis rerum 56n, 73n, 97n, 329n, 330n Etymologies 38n, 46n, 49n, 73, 153, 166–167, 330n Liber differentiarum see De differentiis rerum Mysticorum expositiones 328n Sentences 55, 56n, 73, 153, 334n Synonyma 52, 56 attribution of DDAS to 51, 53 Israel 45–46, 120, 148, 165, 252, DDAS 1.7, 6.12, 9.9, 10.3 iustitia 15–17, 21, 23, 28–29, 40, 42, 44, 46, 50, 62, 88, 117, 122, 130, 174, 183–184, 192–193, 212–213, 239, 243, 252, 254, 263–264, 288, 300, 315, 325, 326n, DDAS Prol. fír flathemon 75 see aequitas; virtue, personification of in art Ivo of Chartres 56n, 141, 175 Jacapone da Todi 312, 316 Jeanne de Navarre 27–28, 249–250, 261–264 Jerome 37–40, 42n, 73n, 102, 254, 257, 327n, 335n Aduersus Heluidium 330n Adversus Jovinianum 331n Epistulae 326n, 328n, 329n, 331n, 336n, 344n In Ecclesiasten 327n, 329n, 332n, 333n In Epist. IV Paulinas 328n, 330n, 332n, 335n, 337n In Ezechielem 23–24, 38, 97–98, 120n, 166, 336n, 343n, 345n In Ierem. 164, 343n, 347n In Isaiam 348n In Matt. 327n In prophetas minores 328n, 336n Jerome, Ps.- see Expositio quattuor evangeliorum Jeroboam 116, DDAS 6.12 John, King of England 221 John XXII, Pope 312, 317 John of Salisbury 19, 25–26, 59, 62, 147–148, 201 Policraticus 28, 150, 176, 202, 203n, 206–208, 251, 255–257, 270, 274 see Institutio Trajani John of Wales 26–28, 58–59, 62, 201–206, 208, 219–226, 253–255 Breuiloquium de sapientia sanctorum 204, 255 Breuiloquium de uirtutibus 204, 205n, 206n, 211–212, 255, 306 Communiloquium 27–28, 193, 201–226, 245, 254–258, 271, 273, 275–276, 304n, 306–307 Jonas of Orleans 22, 54, 58, 62, 120–123, 215 see Council of Paris (829)

399 Julian of Eclanum 328n Julianus Pomerius see Pomerius, Julianus Jumièges 55n, 56 judges 27, 127, 162, 207, 209–210, 220, 233–236, 239–245, 259, 275–276, 301, 304–305 see Speculum justiciariorum jurisdiction 236, 238–240 Kaye, Joel 19, 28, 285–286 kingdom 98, 114–115, 119–120, 155, 159, 238–239, 259–260, 268–277 of Heaven 94–96, 101n, 102n, 218, DDAS 7.12, 8.6–8.7, 8.10–8.11, 9.5, 11.5 see Israel; tuath kingship 18, 39, 45, 80, 89n, 91, 97–98, 112–118, 120–123, 129–134, 141–146, 151–163, 165–169, 235–236, 250–253,259–260, 264–276, DDAS 9  coronation 111, 118, 143, 151–153, 162, 237–238, 273 see tyranny; youth, rulers in law 27, 49, 89, 93–94, 97, 132, 143, 145, 155, 161, 165, 177, 185, 188, 203, 206, 208–209, 211–216, 218, 226, 289, 301–302, 306, DDAS 3.6, 6.6, 12 canon 18, 23, 49, 98, 119, 235, 292, 302 see Collectio canonum libri quinque; Gratian; Hibernensis customary 223, 233–234 divine 16, 88, 90, 101–102, 104–106, 166, 193, 215–217, 235, 244, DDAS 6.5, 10.11–12, 12 Jewish 142 Old English 243 Old Irish (brehon) 23, 51, 71–80, 98n officers of see judges; lawyers processes of 27, 233–235, 237–245, 293, 298–300 see corruption; impartiality; jurisdiction Roman 237 see iusticia lawyers 76, 78–79, 214 laziness 25, 89, 177, 183–184 Leabhar Breac 52 Lesse, Nicholas 21, 61 Liber de ordine creaturarum 45n, 72, 81, 345n Liber quaestionum in euangeliis 327n Lismore 45 litigiousness 183–184, 192 love 17, 91, 144, 149, 152, 157n, 176, 185, 189, 244, 269, 271–272, 305, 320–321, 333n, DDAS 1.2, 4.11–17, 5.10, 6.4–5, 7.1–14 of God 253, 268, DDAS 7.13 Lombard, Peter see Sentences Louis the German 128 Louis the Pious 54, 111, 120–126, 133–134, 146, 160 Louis IX 221, 251, 267 Louis X 28, 249–250, 260–262, 276

400  Lucan 270 Lydgate, John 20–21, 60 magistrates see judges Magna Carta 163, 220–221, 223, 242 Manegold of Lautenbach 153, 175 Margaret, queen of Scotland 150 Martin of Braga 257, 274 Meeder, Sven 54, 121, 122n, 124–125 Meens, Rob 48n, 89n, 92, 112, 119 merchants 118, 288–289, 300, 314–315, 320 mercy 43, 96, 144, 155, 157, 190, 244, 262, 264, 273, 288, 319–321, DDAS 4.19–20 mirrors of princes 15, 18–19, 21, 27, 47n, 88–89, 97, 112n, 116, 123, 126n, 129–130, 133, 234, 250–277, 292–296 modesty see pudicitia names, significance of 38, 41–43, 58, 99–102, 112, 114, 123–124, 129n, 265, 305, DDAS 7, 9, 10 see vocation natural disasters see crops, failure of; plague; weather Nazianzus see Gregory Nazianzene Nederman, Cary 19, 27, 206n, 207n, 221n, 270 negligence 25–26, 146, 147–150, 176–177, 179, 184, 188, 192, 239, 275, 315, DDAS 1.1, 4.3, 6.3, 6.14, 10 Negri, Franco 58n, 181, 186–187 Nigel Wireker (Nigel of Canterbury) 193 obedience 21, 91–92, 119–120, 210, DDAS 3, 6.10 Oda, archbishop of Canterbury 60n, 151–152 Odilo of Bavaria 47 Olav III, King of Norway 157 old age 49, 177n, 209, 214–215, 256, 320, 330n, DDAS 2 Olivi, Peter John 29, 203, 286, 292, 311–320 Opus imperfectum in Matthaeum 335n, 337n, 338n, 340n, 342n Oxford 20, 26, 53n, 56, 150, 201–202, 205–206, 219–224, 253–254 Provisions of 220–221 Païs, Álvaro Speculum regum 20 Panziera, Ugo 312 Paris 20, 26–28, 201–203, 205–206, 209, 217n, 219, 253–256, 258, 260, 297, 306, 318 see Council of Paris (829) parliament (of England) 220, 238–239, 241 passions 28, 259, 263–264, 271–272, 276–277, 291–292 see anger; love Pastor Hermas 331n Paterius 174 Patrick 44 Confessio 42 attribution of DDAS to 23, 47, 52–54, 61, 99, 112, 114–117, 121, 134, 174

Gener al Index

Second Synod of 47, 49 Paul (apostle) 16–17, 23, 41–43, 46, 87, 89, 101–106, 251, DDAS 8.1, 10.14, 11.4 Paul of Hungary 193 paupers 51, 96, 99n, 113, 119, 122, 126, 143–145, 155–158, 161–162, 165–166, 188, 190, 217, 222, 314–315, 320–321, DDAS 4.3–5, 4.16, 8, 9.3, 9.11 see poverty Pecham, John 203, 223, 226, 255, 257 Pelagianism 42–44 Pelagius 17, 41–44, 57, 60n Expositiones XIII epistularum 17n, 41n, 42, 46 see De vita Christiana people see populus Peraldus, William 20, 254, 256–257 Peter Abelard 56n, 175–176 Peter Damian 56, 176, 257 Peter of Celle 187 Petrarch 19 Philip IV (the Fair) 249, 259, 262, 276 Philip of Tripoli 253 Pippin III (the Short) 47 Pippin of Aquitaine 54, 118, 121 plague 75 Planudes, Maximos 59 plebs 97, 98n, 106, DDAS 11 Plutarch (Ps.-) see Institutio Trajani Pomerius, Julianus  De vita contemplativa 43–44, 127, 167–168, 257 popolo see populus populus 23–24, 88, 97–98, 115n, 120, 161–162, 203, 206, 208, 213, 216–217, 222, 236, 238, 252, 275–277, 299, 313–314, 320, DDAS 6.10, 9.2, 9.7, 10.4, 12 Porcarius of Lérins see Basil, Ps.poverty 106, 182–183, 185, 188, 192, 209, 256, 292, 317, 319, DDAS 8 Premonstratensians 53n, 178–179, 187 pride 38, 51, 106, 183–184, 245, 271, 284, 297, 315, DDAS 6.10, 8 prophecy 18–19, 92, 106, 148, 225, 249, 260–261, 276, 316–319 prosperity 75, 112, 114n, 116–117, 161–162, 175, 183, 217–218, 267n, 269n, DDAS 5.11, 9.3, 9.5, 9.7 see fertility prudence 17, 43n, 133, 212, 252, 284, 291, 293–295, 300, 320–321, DDAS 5.1, 8.8, 10.14 Ptolemy of Lucca 258, 287–288, 292, 297 De regimine principum 299–302 pudicitia 21, 25, 146, 150–153, 163, 214, 272, 320, 334n, 336n, DDAS 5 Quaestiones Orosii et responsiones Augustini 56–57 queenship 263–264

401

Gener al Index

Reading 167 religious life see cloister Remigio de’Girolami 287, 292, 297–302 respublica 27, 123, 126, 204, 206–218, 221–223, 226, 251, 256, 258, 261, 263n, 268, 302 see commune Rheims 54, 179 Rhetorica ad Herennium 38 rhetorical devices 88n antithesis 88 apostrophe 213 metaphor 114, 121–122, 207, 210, 222, 294, 306 parallelism 37, 208 rhyme 36–37, 88n, 90, 325 see Cyprian, rhyming style of; De XII abusiuis saeculi, end-rhyme in see grammar Richard I 149–150 riches 44, 75, 162, 179, 183, 185, 256, 268, 273, 292, 295, DDAS 3, 8.11–15 Rochester 167 Rudolf of Rheinfelden 145–146 Rufinus 40, 125, 345n Saint-Amand 16n, 55 Saint-Denis, Paris 54, 180 Saint-Denis, Rheims 179 Saint-Laurent-au-Bois 25, 178–179, 188, 191, 194 Saint-Nicolas-en-Regny 178–179, 188, 194 Saint-Ouen 55n, 56–57 Saint-Riquier 23, 57 Salisbury Cathedral 55–56 Salvian 327n De gubernatione Dei 43 Samuel 94 sapiens DDAS 1 Saul 45n, 94, 116, 184n, 217, 252n, DDAS 6.10 Scipio 206–207, 210 Secretum secretorum 27, 219, 253, 255, 257, 258 Sedulius Scottus 82, 129–130 Senchas Már 23, 51, 71, 76–77, 79–80, 82 Seneca 17, 25, 28, 205–206, 252, 255–258, 274, 276, 283, 285, 292, 330n, 333n Seneca, Ps.- see Martin of Braga senex see old age Sentences 206, 254, 258 Simon de Montfort 220, 223–225 sin see vice Sixtus III, Pope 43 see De malis doctoribus Solinus, C. Julius 221, 257 Solomon 45, 217n, 327n, DDAS 1.7, 6.11–12, 9.9, 12.3 Speculum justiciariorum 27, 233–246 Speculum morale 28, 253, 262, 277 St Andrew’s 167 St Gall 54, 121–125 see Grimald

Stephen, King of England 144 Stephen, martyr 189 Stoics 206n, 207, 216, 226, 257, 259 storms see weather Sven II, King of Denmark 156 Sweyn II Estridssen, King of Denmark 157 synods of Patrick see Patrick Tassilo III of Bavaria 116 temperance 17, 212, 244, 284, 291, 300 Tertullian 37, 180n Thomas Aquinas 20, 27, 205, 258, 259n, 283, 286, 292–295, 300, 302, 303n De regimine principum 258 Quaestiones disputatae de anima 20n Summa theologiae 258–259, 263n, 271, 277, 286, 293, 295–296, 316 attitude to pseudonymous works 20, 28, 59, 62, 193, 255, 258 Tolomeo Fiadoni (da Lucca) see Ptolemy of Lucca Tours 42, 51, 54, 55n, 56, 180 Tractatus in septem epistulas catholicas 330n tuath 28, 51, 75–76 tyranny 88n, 145–146, 153, 160, 221, 224, 270–272, 288–291, 302, 304–305 Ubertino da Casale 312 Arbor vitae crucifixae Christi 316 Ugo Panziera 312, 316 Urban II, Pope 147 Valerius Maximus 255, 257, 285, 305 vice 28, 36–37, 46n, 88, 112–113, 123–126, 134, 142–143, 152, 160, 183, 192, 209, 222, 241, 259, 269, 271, 273–274, 283–285, 288–291, 295–297, 304, 317, DDAS 1.2, 5.3, 8.3 consequences of see cosmology correction of 24, 87, 101, 112–116, 124–125, 127–132, 134, 144–152, 168, 204, 207, 214, 223, 236, 254, 272, 275, 297, 301–302, 306 see discipline of language see grammar personification of in art 283–285, 288–291, 297 see abuse; anger; corruption; gluttony; greed; inuidia; pride Vincent of Beauvais 20, 26, 193, 215, 256, 257, 305 De eruditione filiorum nobilium 20n De morali principis institutione 20n, 59, 250–254, 267–271, 276 Speculum maius 28, 253n virtue 16, 17, 28, 43–44, 46, 88, 93n, 95, 125, 166, 192, 259, 263, 271, 283–284, 297, 300, 303–304, 325, DDAS 4.20, 5.5, 6 in political life 46, 113–120, 142–145, 156–158, 162, 209, 212, 216–217, 224–226, 250, 252, 259, 267–268, 273, 284–288, 291–307

402 

Gener al Index

in religious life 46, 182–183, 186, 189–190 personification of in art 283–285, 288–291, 297 tempering passion 264, 271–272, 276, 291 see aequitas; alms-giving; counsel; discipline; faith; friendship; iusticia; impartiality; love; mercy; obedience; poverty; prudence; pudicitia; temperance Virgil (Publius Virgilius Maro) 270 Virgil of Salzburg 47–49, 116 Virgilius Maro Grammaticus 39 vocation 21, 23–24, 27, 40–43, 87–106

Welbeck 53n, 167 Whitby 167, 168n William of Moerbeke 19–20, 258, 293n William of Newburgh 143–144 William of Pagula 20, 59 William Paull see William of Pagula William Peraldus see Peraldus, William William Rufus 149, 151, 167 Wipo 142–143 women 17, 25, 75, 96n, 146, 150–151, 152, 157, 182, 214, 263, 289, 291, 320–321, DDAS 5, 10.11 Wycliffe, John 20, 59, 97, 194 Wycliffites 18, 20n

Wallingford Priory 56 wealth see riches weather 75, 112, 114–116, 157, 159, 161–162, 345n, DDAS 9.7, 9.11

youth 184, 186, 214, DDAS 2.3, 2.7–9, 3, 4.3, 9.4 rulers in 74, 151, 250n, 259, 260–262, 274–275 see adolescence