Collectio Caesaraugustana II

General

The second version of the Collectio Caesaraugustana was compiled circa 1143/44, probably in Catalonia. Many of the canons added to the first version came from the same sources used for the first version, others from Poitevine collections such as the second version of the Tarraconensis and the collection in the Ms Paris, BnF, lat. 13368. Additions were also taken from the Exceptiones Petri, which was compiled in the school of Valence and Die.

There are two nearly identical copies of a second version: Paris, BnF, lat. 3876 and Vat. lat. 5715. The manuscript used for the present analysis is the Paris manuscript (CB). There is also a third version in the Ms Barcelona, Archivo de Corona de Aragón 63. It contains approximately the same canons, but in a different sequence. In the present analysis the Ms Paris was collated with the Ms Barcelona (CD). In the location column of the analysis of the second version is noted the location of each canon found also in the Barcelona copy, but the Barcelona version was not analysed separately.

The second version is not divided into books, although the compiler apparently used a copy of the first version which was. Space is left free before the canons found at the beginning of the 8th, 10th, 243 12th, 13th, 14th and 15th books in the first version. In the data bank, for the sake of orientation, the canons of the second version are divided into books corresponding to those of the first version. The content of the first 10 and of the 14th book is almost identical in both versions. The canons of the other books are rearranged. Therefore only books 11–13 and book 15 of the second version have been analysed separately. The additions in books 1–10 and book 14 are also registered separately. As in the first version in the Ms Paris, BnF, lat. 3875, space was left free both after the Constitutum Constantini and after the election decree of Nicholas II. An appendix of 308 canons is added to the second version in the Ms Paris 3876 after the notation Explicit liber iste. These canons have been analysed separately and have the key CC.

Canon 7.39 of the second version of the Caesaraugustana in the Ms Paris 3876 has taken the Visio Eucherii found at the end of the first version in the Ms Salamanca and set it in the 7th book among other canons forbidding the transfer of ecclesiastical predia to laymen. In the Barcelona manuscript the text is found in the same context (2. 152).

The form of the Caesaraugustana in the Ms Barcelona, Archivo de la Corona de Aragón 63, fol. 1ra–126ra, is an augmented version of the second version. The manuscript comes from the monastery Sant Cugat del Valles near Barcelona. It is divided into six books, each with its own capitulatio. It contains canons which can also be found in the appendix in the Ms Paris 3876. Members of the order of Saint-Ruf may have been responsible for the additions to the first version and were certainly responsible for its transmission. The order had prominent supporters at Saint-Victor of Marseilles and at Barcelona. In 1085 Bérenger, a canon of Saint-Ruf was elected bishop of Barcelona. Oleguer, from the collegiate church of Saint-Adrien of Barcelona, entered the order of Saint-Ruf in 1110 and served as abbot of Saint-Ruf between 1111–1116 and as bishop of Barcelona from 1116– 1137, remaining archbishop of Tarragona from 1118–1137. Many of the bishops in the region were canons of Saint-Ruf. This is true of Tortosa, Vich, Tarragona, Barcelona, Lerida, Gerona, Urgel.

Literature

For the Ms Paris, BnF, lat. 3876 see Fournier – Le Bras, Histoire 2.270 ff. Also Fowler-Magerl, Vier französische und spanische Kanonessammlungen, pp. 144– 146 where I unfortunately gave the shelf number of the Paris copy as 3756 instead 244 of 3876. Eadem, The Version of the Collectio Caesaraugustana in Barcelona, Archivo de la Corona de Aragón, MS San Cugat 63, in: Ritual, Text and Law: Studies in Medieval Canon Law and Liturgy presented to Roger E. Reynolds, ed. by Kathleen G. Cushing and Richard F. Gyug, Ashgate 2004, pp. 269–280. There I edited the version of the Visio Eucherii found in the Caesaraugustana. Gilchrist, The Reception, Part II, p. 193. Gilchrist incorrectly considered this a short form of the second version. – For the Caesaraugustana and the Exceptiones Petri and for Saint-Ruf see Gouron, La science juridique française, pp. 70–72; Idem, Aux origines de l’influence des glossateurs en Espagne, Historia Instituciones Documentos 10 (1984), p. 19. Also Poly, Les maitres de Saint-Ruf, pp. 183–203.

Categories

• key is CB
• belongs to: Caesaraugustana group
• belongs to: Tarraconensis Group
• medium (500 to 1000 canons) collection
• from Catalonia
• terminus post quem 1138
• terminus ante quem 1149
• saec. XII

DEFAULTSORT "Collectio Caesaraugustana 02"