[3a.41] IN THE NAME OF THE TRUE AND ETERNAL TRINITY. H.,1 humble archbishop of Salzburg.
[3a.42] Established in a lofty height,2 we should anticipate the onslaughts of the wicked and keep the bites of howling wolves away from the flock of the highest Pastor. It is not fitting for us to be exalted by human favors, not to glory in the multitude of men beseeching us, nor to rejoice or delight in vanities. For it befits the soldiers of God to delight in the way of God's commands and to glory in the Lord.
[3a.43] Whence it is, that keeping the precept of charity, not seeking our own advantage, but God's, we grant to the church N., which pertains to our diocese (which church has always sustained hostile incursions when it did not wish to and certainly should not receive sacred orders from another bishop, however nearer), license to receive sacred orders from the hand of our venerable brother, the archbishop of Lyon, saving the obedience which the church N.3 deservedly owes our church. We do not wish to sustain in this any detriment to our honor, by which the aforesaid brothers would incur danger to body and soul. For all the faithful should imitate, according to the capacity of human possibility, the vestiges of the Celestial King, who emptied himself and became a pauper, so that his poverty would supply us with a wealth of virtues and of salvation. Thus we ask the entirety of bishops following us, let none of them dare to dissolve this work of alms, lest they presume to rescind what charity has written, but rather let them confirm and approve by their own authority this license once granted to the aforesaid church by us.
[3a.44] But if anyone, elated by some type of pride, would attempt to recall this privilege as invalid, let his name be deleted from the Book of Life4 and let him feel the anger of He, Who made one thing of two,5 Who returned human and angelic nature into one concord6 and Who made one church from Jews and Gentiles. May those who keep preserve this contract live and flourish, may they advance from virtue to virtue,7 so that they may see the God of gods in Zion.
[3a.45] Thus, we have strengthened this charter with the assigned witnesses by the sign of our seal in a testimony of truth against the calumny of the wicked.
1 Eberhard, archbishop of Salzburg (1147-1164). I have not yet been able to consult WILLIBALD HAUTHALER Salzburger Urkundenbuch 4 vols. (Salzburg 1898-1933) to test the likelihood that the placename Salzburg is original. But the distance between the archdioceses of Lyon and Salzburg suggests that the Admont scribe changed the placename (Brugge cod. 528 names the archbishop F. of Cologne--equally unlikely). Perhaps the prelate of an archdiocese contiguous with Lyon stood in the original, also with a name begininng with H., such as Humbert, archbishop of Besançon (1138-1162) or Hillin, archbishop of Trier (1152-1169). -- For an example of this (aspirated) spelling of Eberhard, see Germania Pontificia 1.24 no. 71 (JL 9149). According to Boncompagno Boncompagnus 1.2.5, it was a German custom to aspirate proper nouns beginning with vowels: Item nota, quod omnia propria nomina virorum et mulierum, in quorum principiis est una vocalis pro sillaba, secundum Teutonicorum consuetudinem aspiratur. Sane Teutonici ex natura ydiomatis proprii aspere verba proferunt, quare frequenter dictiones aspirunt et asperius pronuntiant aspiratas. See P. LEOPOLD GRILL Erzbischof Eberhard I. von Salzburg: um 1087 bis 1164 (Graz 1964).
2 The source for this preamble's incipit is a privilege issued 15 April 1128 by Honorius II at the Lateran to Burchard, bishop of Meaux (JL 7339). The charter established the bishop's rights over the abbeys of Rebais and Jouarre, who had been claiming exempt status. It was confirmed at Tours in 25 Dec. 1162 by pope Alexander III to Stephen, bishop of Meaux (JL 10799, same incipit, both texts in PL 215.1611-2). This incipit is echoed in an 1159 charter of bishop Reinaldus of Meaux, In eminenti Meldensis ecclesie specula constituti (DUPLESSIS 2.42, no. 73). Another privilege with nearly identical incipit was issued by the papal chancery in 16 July 1147 (JL 9096, PL 180.1252) during ten weeks of residence at Auxerre, but shortly after departing Meaux, where it had stayed for nearly three weeks. See also JL 9234 (Reims, 9 April 1148 for archbishop Hugo of Rouen, ed. in PFLUGK-HARTTUNG Acta Pontificum Romanorum inedita 1.203, no. 221).
3 The diocese of Belley might have served as an example here, which formed since the sixth century an enclave of the archdiocese of Besancon within the archdioceses of Lyon and Vienne as they expanded to the east and north, respectively. Archbishops of Besancon: Humbert (1138-1162), Gautier (1162-1163), Herbert (1163-70); of Lyon: Humbert (1148-1152), Heraclius (1153-63), Guichard (1165-1180); Vienne: Humbert (1146-47), Hugo (1148-55), Stephan II (1155-1163), Guilelm (1163-1166). Although this grant seems transparently fictional, a possibly parallel case occurred in 975, when the episcopal diocese of Bohemia, with its see at Prague, was withdrawn from jurisdiction of the archbishop of Salzburg and subjected to the neigboring archbishop of Mainz. See UHRLITZ Jahrbücher Ottos II and Ottos III, vol. 1, Exkurs 2). However, the archdiocese of Lyon does not even share a common border with Salzburg.
4 Apoc. 3.5.
5 Eph. 2.14.
6 cf. Iob 25.2.
7 Psalm 83.8 (Iuxta LXX).
© Steven M. Wight, Los Angeles 1998
Scrineum © Università di Pavia 1999