Collectio canonum in Torino, BNU, E. V. 44, fol. 71v–86v

Shelfmark

Note that the manuscript, and hence the collection, is sometimes referred to by an old catalogue number ("903"); in the 2005 handbook, it is called "Collectio canonum in the Ms Turin, BNU 903 (E. V. 44), fol. 71v–86v". See the description of Torino, BNU, E. V. 44 for further reference.

The manuscript

The manuscript Torino, BNU, E. V. 44 contains a mixture of patristic material and canon law copied by several different scribes. Liberties were taken with the texts. Excerpts from the collection of Deusdedit are found at the beginning of the manuscript together with excerpts from the much earlier Herovalliana and Hibernensis. The most recent text in the manuscript is the excerpt from a letter of pope Paschal II, Testimonium est sermo (JL 6612), found on fol. 57v. 173 Giuseppe Motta argues that the manuscript was copied in northern Italy because the treatise De corpore et sanguine of Gezone, excerpts of which are found on fol. 40r–43r, circulated principally at the foot of the Alps. Use of a form of the collection of Anselm of Lucca close to that of A Ven and B substantiates this supposition.

The collection

Julius von Pflugk-Harttung and a number of mainly German scholars treated both parts of the manuscript as one work and called it the "Turiner Sammlung" or Collectio Taurinensis. Following Fowler-Magerl, the collection on fol. 71v–86v is treated as a separate collection here.

This collection of 150 canons is preceded by a capitulatio which contains rubrics for the first 91 canons. The canons in the collection have rubrics in textu, sometimes differing slightly from those in the capitulation. Giuseppe Motta has described the contents of the manuscript as a whole and analysed this particular collection. The present analysis of this collection (DA) makes use of his analysis and ignores the rest of the manuscript. The most recent text in this part of the manuscript is the letter of pope Gregory VII to Hermann of Metz on March 15, 1081 (Reg. 8. 21, JL 5201). The collection also contains the letter of Gregory VII to Manasses of Reims in 1078 (Reg. 6. 2, JL 5081), the 11th decree of the Roman council of November 19, 1078 (Reg. 6. 5b, JL ante 5084) and the 1st and 2nd decrees of the Roman council of March 7, 1080 (Reg. 7. 14a, JL post 5154).

The collection begins with the rubric De excellentia apostolice sedis (A Ven in the Ms Mantua, BCom 318: De primatu et excellentia Romane ecclesie) and proceeds to the goods of the church and its privileges. Imperial intervention and lay investiture are the chief evils rather than simony. The rubric of canon 82 is: De excommunicatione imperatoris et absolutione suorum iuratorum. There are texts regulating the life of canons regular, two of which (canons 97 and 98) are taken from the B version of Anselm of Lucca (canons 7. 1 and 3). Surprising is the wording of the rubric of canon 70: De invasoribus et iudiciorum ordine for the letter of pope Gregory I to Iohannes defensor, the first use of the Roman law expression iudiciorum ordine in a canon law collection.

Literature

For a description of the manuscript and an analysis of the canons on fol. 90r–110v see Giuseppe Motta, Una silloge canonistica del sec. XII tra Deusdedit ed Anselmo di Lucca (Torino, Biblioteca Nazionale E.V.44), Studia Gratiana 27 (1996), pp. 413–442. – For a listing of the forgeries and the opinion that the forged texts are of interest in themselves see Landau, Gefälschtes Recht, p. 42 and n. 130. – Kéry, Canonical Collections, p. 284. 174

Categories

• Eraly twelfth century (Motta) (Pflugk-Harttung: saec. XII/XIII; Kéry: saec. XI/XII)
• small
• based on Motta's analysis
• from northern Italy (Motta)