De doctrina privilegiorum 2
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[2.] EXAMPLE OF AN APOSTOLIC PRIVILEGE.

[2.1] EUGENE, BISHOP, SERVANT OF THE SERVANTS OF GOD, TO THE BELOVED SONS IN CHRIST, TO THE CANONS OF THE CHURCH OF PARIS, IN PERPETUITY.

[2.2] Just as no assent should be bestowed on those seeking unjust things, 1 so indeed should no petition be denied to those claiming honest and just things.

[2.3] Thus, o dear brothers, because you have humbly and devotedly asked that we might receive all the goods of your church under the guardianship and protection of the holy Roman see and strengthen those by the bulwark of our privilege, we have decided to give assent to your claim.

[2.4] Therefore by the strength of this present privilege we confirm all goods of your church, which it now holds and possesses or which it is going to acquire legitimately and rightfully in the future, and we sanction that no duke, margrave, count, viscount, castellan or any person, ecclesiastic or layman, may presume or dare to invade, diminish or in any way to infest all things which you hold or possess or which in the future, as has been said, you or your successors will rightfully and legally acquire, but all these goods should remain in the future safe (or: sure), whole, unchanging and unharmed to be beneficial for your own proper uses and your successors'.

[2.5] If any person, ecclesiastic or layman, may have knowingly presumed to break or defile this page of our privilege by a reckless crime, having been warned twice or three times, unless he shall have made fitting amends, let him know that he is guilty by divine judgment of the wickedness perpetrated and let him be a stranger to the most holy body and blood of our Lord Jesus Christ and let him be subject to divine punishment at the Last Judgment.

[2.6] Let there be the peace of our Lord Jesus Christ for those preserving the precepts of this decree, inasmuch that here they shall receive the fruit of good works and that before the uncompromising Judge they shall find the rewards of eternal peace.

[2.7] I, Eugene, bishop of the catholic church, SS.
I, Conrad, bishop of Sabina, SS.2
I, Centius, bishop of Porto, SS.3
I, Ugo, cardinal priest of S. Prassede, SS.4
I, Octavian, cardinal priest of the holy church, SS.5

[2.8] Dated at Paris by the hand of Roland, 6 cardinal presbyter and chancellor of the holy Roman church, on the 21st of April, in the tenth indiction, in the year of the Lord's incarnation one thousand one hundred fifty-five, in the second year of lord Eugene's pontificate. 7

[rota]: My eyes are ever toward the Lord,
since He will free my feet from the snare.8

[bene valete]



1 Cf. JL 5819, 5850, 6257, 6371, 6387, 6504, 6658 etc. Sicut iniusta poscentibus: JL 8793, 9143, 9168, 9176, 9267, 9269, 9384, 9759 etc.

2 Conrad, cardinal bishop of S. Sabina (1126-1153) and the future pope Anastasius IV (1153-1154). Conrad did not travel to France in 1147; he served as pope Eugene III's vicar at Rome from 1147-49, 1150-52 and possibly also in 1145. See PETER CLASSEN "Zur Geschichte Papst Anastasius IV" QFIAB 48 (1968) 36-63.

3 The original name of 1147 was probably Theodwin, cardinal bishop of Porto (1134-1151), altered in the 1155-58 revision to Centius, cardinal bishop of Porto (1154-1157). Theodwin was the only German cardinal of this period and formerly abbot of Gorze (1126-1134). He was a good friend of the German king Conrad III and generally took the role of legate in Germany, even when he did not specifically bear that title: in 1138 he played an important role at Conrad III's election and thereafter usually accompanied the king, such as on the Second Crusade, in which he served as the papal representative. See J. BACHMANN Die päpstliche Legaten in Deutschland und Skandinavien (1125-1159) Historische Studien 115 (Berlin 1913) 59ff., 73f., 78f.

4 The original name of 1147 of Ugo, cardinal priest of S. Lorenzo in Lucino (1144-1150) is retained here, but the title church was altered in the 1155-58 revision to fit Ubaldus, cardinal priest of S. Prassede (1141-1158), the future cardinal bishop of Ostia and Velletri (1158-1181) and pope Lucius III (1181-1185). Ugo was learned man: the task of correcting Gerhoch of Reichersberg's De investigatione Antichristi (MGH LdL 3.307) was entrusted to him and he wrote a letter of support for Peter Abelard to abbot Suger of St. Denis (PL 186, Epist. no. 141). During the papal chancery's sojourn (15 April-5 June 1147) at Meaux, St. Denis and Paris, Ugo dated papal bulls in chancellor Guido's stead (see also JL 9134-9, 9270).He took a leading role in the treaties of Constance (1152 and 1155), of Benevento (1156) and of Venice (1177), was a leading advisor of pope Alexander III and enjoyed the confidence of king Louis VII of France and emperor Frederick Barbarossa. For the relationship with the former monarch, see BOUQUET 16.48, 54, 58, 81, 85 (nos. 158, 176, 189, 248, 259), with the latter: G. DUNKEN Die politischen Wirksamkeit der päpstliche Legaten in der Zeit des Kampfes zwischen Kaisertum un Papsttum in Oberitalien unter Friedrich I Historische Studien 209 (Berlin 1931) 150.

5 Octavian of Montecelli, cardinal deacon of S. Nicolao in Carcere (1138-1151), whose title was altered in the 1155-58 revision to reflect his elevation to cardinal priest of S. Cecilia (1151-1159). He would later become antipope Victor IV (1159-1154). See H. SCHWARZMEIER "Zur Familie Viktors IV in der Sabina" QFIAB 48 (1968) 64-79.

6 Roland Bandinelli, cardinal priest of S. Marco (1151-59), chancellor of the Roman church (1153-1159) and future pope Alexander III (1159-1181). For the previous chancellor, Guido, whose name probably stood here in the original 1147 version, see above, De doctrina privilegiorum 1.10.

7 The year 1155 A.D. is a reworking. Location and indiction number all agree with 1147 A.D., which doubtless so stood in the archetype (pontifical year should be three). The date of this model charter would thus correspond to 21 April 1147, the Monday after Easter (the same date used above, De doctrina privilegiorum1.10). Eugene III and his chancery arrived at Paris on Holy Saturday, busy there for the next seven weeks issuing charters of privilege for the churches of France and judging the theological views of Gilbert, bishop of Poitiers (1142-1154).

8 Psal. 24.15: the devise of Hadrian IV, pope (1154-1159), who employed only the first line of this verse. The devise of pope Eugene III was 'Fac mecum Domine signum in bonum' (Psal. 85.17), also employed in the bulls of Innocent III, pope (1198-1216).

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© Steven M. Wight, Los Angeles 1998

Scrineum © Università di Pavia 1999