Allen Tate: The Modern Mind and the Discovery of Enduring Love

232 Pages·2016·13.195 MB·English

by  John V Glass III

?-£uguccio
STUDIES IN MEDIEVAL AND EARLY
MODERN CANON LAW
KENNETH PENNINGTON,
GENERAL EDITOR
EDITORIAL ADVISORY BOARD
Robert L. Benson, University of California, Los Angeles
Uta-Renate Blumenthal, The Catholic University of America
Richard Helmholz, University of Chicago
Stephan Kuttner, University of California, Berkeley
John E. Lynch, The Catholic University of America
Robert Somerville, Columbia University
Brian Tierney, Cornell University
STUDIES IN MEDIEVAL AND EARLY
MODERN CANON LAW
VOLUME 3
1£uguccio
THE LIFE, WORKS, AND THOUGHT
OF A TWELFTH-CENTURY JURIST
WOLFGANG P. MULLER
THE CATHOLIC UNIVERSITY OF AMERICA PRESS
WASHINGTON, D.C.
Copyright © 1994
The Catholic University of America Press
All rights reserved
Printed in the United States of America
The paper used in this publication meets the minimum requirements
of American National Standards for Information Sciences
Permanence of Paper for Printed Library materials,
ANSI Z39.48-1984.
00
LIBRARY OF CONGRESS CATALOGING-IN-PUBLICATION DATA
MiilIer, Wolfgang P., 1960-
Huguccio, the life, works, and thought of a twelfth-century jurist
I by Wolfgang P. MiiIler.
p. cm. - (Studies in medieval and early modern canon law ;
v·3)
Includes bibliographical references and index.
I. Uguccione, da Pisa, Bishop of Ferrara, d. 12.10. 2.. Canonists-
Italy-Biography. I. Title. II. Series.
LAW
2.82.' .092.-dc2.0
[B]
93-1896
ISBN 0-8132.-0787-8 (alk. paper)
ISBN 978-0-8132-2863-5 (pbk.)
CONTENTS
Acknowledgments vii
Abbreviations IX
Introduction 1
I. Huguccio: Canonist, Bishop, and Grammarian? 21
I. Canonist and Bishop? 23
2. Bishop and Grammarian? 35
3. Canonist and Grammarian? 48
4. Conclusion 64
II. The Summa Decretorum 67
I. Date of Composition 68
2. Stages of Composition 73
3. The Manuscript Tradition 75
4. Continuatio Prima 87
III. Huguccio's Use of Roman Law 109
I. The Decretist Background II 0
2. The Role of Secular Jurisprudence in Canon Law:
Huguccio's Theoretical View
3. Roman Law in the Summa Decretorum
Epilogue. The Rigor Huguccionis
Appendix I. A Cumulative List of Extravagantes
Cited in the Summa 153
Appendix II. Two Recensions of Continuatio Prima? 173
Appendix III. Dissensiones Dominorum in Huguccio's Summa 184
Bibliography 190
Indexes 207
v

ACKNOWLEDGMENTS
The core of the present book originally formed part of my PhD dis
sertation, which was submitted to the Graduate School of Syracuse
University in the spring of 1991. I have supplied the original format
with a new Introduction and an Epilogue, and thoroughly revised
Chapter II and the Appendices I and II. The rest of the text was re
touched to a lesser extent. An earlier version of Chapter I appeared
in Viator 2.2. (1991), 12.1-52., published by the Institute of Medieval
and Renaissance Studies in Los Angeles, California. The Bibliography
has been kept until the end of 1992..
I completed most of the work on Huguccio during my graduate
and post-doctoral years at Syracuse University, between the fall of
1987 and the spring of 1992.. The project was not performed in a
vacuum, so that lowe thanks to many people and institutions. I am
particularly grateful for the financial support I received from the
Graduate School of Syracuse University, which granted me a three
year University Fellowship (1987-90), plus a Graduate Assistantship
for 1990/91. I also obtained a Research Assistantship from Syracuse
Law School (Fall 1991) and two stipends from the Roscoe Martin
Fund, which allowed me to obtain important medieval manuscript
material on microfilm. Since much of Huguccio is worked from
manuscripts, the collaboration of various European and American
libraries proved indispensable. Their names appear in the first section
of the Bibliography. My special thanks go to the Bayerische Staats
bibliothek in Munich, whose staff has always treated me with excep
tional kindness. The same applies to the people working at Syracuse
University's Interlibrary Loan.
In the course of my research, I had many stimulating discussions
with scholars and colleagues. Whenever possible, I included appro
priate references to their contributions in the text and the notes. The
task of these critics was made especially difficult due to the deficien
cies of my English. Almost unaffected by any number of revisions,
it would still retain a peculiar, non-native flavor. As a result, the sty-
Vll
viii ACKNOWLEDGMENTS
listic outcome of Huguccio depends more on the idiomatic skills of
others than I would like to admit. However, I must mention, with
gratitude, Professor James Powell (Syracuse University), my colleague
Brendan J. McManus, the readers for The Catholic University of
America Press, and the patient copyeditor, Susan Needham.
This final paragraph is dedicated to Kenneth Pennington. As my
graduate advisor, he supported the work on Huguccio in many ways.
I do not need to describe his role in great detail, as long as there may
be a single word to capture its essence. I think the Germans are right
when they call someone like him a good Doktorvater.
WOLFGANG P. MULLER
Munich, Germany
ABBREVIATIONS
Note: The abbreviations used for modern journals, series, and stan
dard works follow the format and style of the Bulletin of medieval
canon law, published by "The Institute of medieval canon law" in
Berkeley, California.
LEGAL CITATIONS
a.c. Dictum of Gratian before chapter
C. Causa (division of the second part of Gratian's
Decretum)
c. chapter
Cod. Code of Justinian
I Comp Compilatio prima
2 Comp etc. Compilatio secunda etc.
D. Distinctio (division of the first and third parts of
Gratian's Decretum)
De cons. De consecratione (part III of Gratian's Decretum)
De pen. De penitentia (C.33 q.3 of Gratian's Decretum)
Dig. Digest of Justinian
Inst. Institutes of Justinian
Nov. Novellae of Justinian
p.c. Dictum of Gratian after chapter
q. quaestio (division of Causa of Gratian's Decretum)
s.v. sub verbo, gloss to a phrase in a law, canon, etc.
X Liber Extra or Decretals of Gregory IX
IX