De doctrina privilegiorum 6
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[6.] EXAMPLE.

[6.1] STEPHAN, 1 BY THE GRACE OF GOD ARCHBISHOP OF THE HOLY CHURCH OF REIMS, ALBEIT UNWORTHY, TO ABBOT JOHN2 OF THE MONASTERY OF S. MODESTUS3 AND TO HIS BRETHREN, IN PERPETUITY

[6.2] It indeed befits all those, whom divine grace desires to promote to the care of the pontifical office, to clemently assent to holy and just petitions and not recall the mind of piety from vows conceived in divine aspiration.4

[6.3] Therefore, dearest sons, paternally heeding your requests, under the authority of almighty God and of saint Peter, prince of the apostles, and of lord pope Eugene and under our own authority and that of our brethren, by bulwark of this present page we sanction, stabilize and confirm the church of S. Laurence5 with its appurtenances, which recently we have lawfully acquired from the abbot of S. Rufinus6 by a long-term lease, 7 so that hereafter it shall be legal for you and your successors to have and possess it for the future, in quiet right and quiet ownership, for the proper uses of you and your successors, to enjoy in perpetuity.

[6.4] If anyone, obstinate and undevoted, would presume to knowingly infringe or violate this page of our confirmation, or oppose it, on the part of almighty God and of holy Mary, forever a virgin, and of saint Peter, prince of the apostles, and of lord pope Eugene and on our part and that of our brethren, let him be anathema Maranatha and share the eternal lot of Judas and Nero.

[6.5] He who remains a keeper of this confirmation, let him obtain the defense of a benediction and attain the merits of eternal blessedness among the companies of the just. Amen. Amen. Amen.

[6.6] I, Stephen, archbishop, have confirmed and subscribed this decree with my own hand.


1 No prelate 'Stephanus' ever ruled the see of Reims, founded ca. 290 by S. Sixtus; indeed no contemporary French archibishops and only few bishops carried that name: bishops Stephan of Paris (1124-1142), Clermont (1151-1169), Meaux (1162-1172) and of Autun (1112-1138/9). Likely at fault is a mistaken expansion of an initial 'S.', which perhaps stood in the archtype for Samson of Mauvoisin, archbishop of Reims (1140-1161).

2 Not identified. See the list of abbots in FRANCO BARTOLINI ed. Le piu antiche carte dell'abbazia di San Modesto in Benevento Regesta chartartum Italiae 33 (Rome 1950) xx, which shows no documents for the abbots of S. Modesto between abbots Germanus (1144-1145) and Berardus (1169-1188).

3 Benedictine abbey of S. Modestus in Benevento. SPENCE identified this foundation as Molesme (dep. Côte-d'Or, arr. Montbard, cant. Laignes), but the monastery established there ca. 1075 by Robert (also a founder of Citeaux) was dedicated to the virgin Mary, not S. Modestus. There is Passio S. Modesti by Alberic of Montecassino, whose Corpus 2.2-3 was the primary source for De doctrina privilegiorum. -- For two other Italian recipients of charters, see above, De doctrina privilegiorum 3.1 (another Alberic!) and 4.1.

4 See Alberic of Montecassino's charter doctrine in Alberici Cassinensis Corpus 2.2.9, where this preamble is first found in the model papal privilege of Gregory VII granted to Desiderius, abbot of Montecassino. It is repeated almost exactly in the Rationes dictandi (ROCKINGER ed.) XXX.

5 Not identified.

6 Not identified. SPENCE's identification (Ars-sur-Moselle) is based on the unfounded assumption that this charter was granted to Molesme.

7 As an institution of the Roman law of real property, emphyteusis was not received north of the Alps until after the medieval period, as opposed to Italy, where it was common since late antiquity. See ROBERT FEENSTRA "L'emphytéose et le probleme des croits réels" in La formazione storica del diritto moderno in Europa (Florence 1977) 1295-1320 and A. JORIS "Wibald et le droit romain" in Economies et sociétés au Moyen Age. Mélanges E. Perroy (Paris 1973) 601-607. For civil law in the Roman curia, see R. SOMERVILLE "Pope Innocent II and the study of Roman Law" Revue des Etudes Islamiques 44 (1976) 105-44 and JOHANNES FRIED "Die römische Kurie und die Anfänge der Prozessliteratur ZRG KA 59 (1973) 151-174.

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© Steven M. Wight, Los Angeles 1998

Scrineum © Università di Pavia 1999