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Traditio Studies-- in Ancient and Medieval ' History, Thought and Religion

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Traditio Studies-- in Ancient and Medieval ' History, Thought and Religion I ~. TRADITIO STUDIES-- IN ANCIENT AND MEDIEVAL ' HISTORY, THOUGHT AND RELIGION Edited by JOHANNES QUASTEN and STEPHAN KUTTNER VOLUME III Published by COSMOPOLITAN SCIENCE & ART SERVICE CO., INC. New York 1945 , i i \ .....: . , . , ". CARDINALIS: THE HISTORY OF A CANONICAL CONCEPT By STEPHAN KUTTNER 1. INTRODUCTION* It is commonly known that in the canonical sources of ancient and early medieval times many bishops, priests and deacons throughout the Latin Church • ~n a.ddition to .the convent~onal sigla, abridged references will be used for the following pubhc~tlOns: AKKR - Archw fur katholisches Kirchenrecht.-M. Andrieu Les Ordines romanl du haut. m~ye"-a_ge I (Spicilegium aacrum Lovaniense 11, Louvain'1931).-Ans. Luc: - Ar~elml ep~8copl ~u.censis collectio carwnum ed. F. Thaner (Innsbruck 1906-15).- Bonizo, Liber de viia christiaua ed. E. Perels (Texte zur Geschichte des römischen und kanonischen Rechts im Mittelalter 1, Berlin 1930).-H. Breaslau, Handbuch der Urkunden- lehre (2nd ed. Leipzi~-_Berlin 1912-31; vol. Il, 2 ed. H. W. Klewitz).-H. Th. Bruns, Canones apostolorum et COlIClhoru7l&saeculorum IV.V.VI.VII. (Berlin 1839).-J. J. Christ, 'The Origin and Development of the Term "Title",' The Jurist 4 (1944) 101-23.-Deusd. _ Die Kanonessammlung des Kardinals Deusdedit ed. V. Wolf von GlanveII (Paderborn 1905).- Duchesne, LP: see LP.-V. Fuchs, Der Ordinationstitel von seiner Entstehung bis auf Ln- nozenz Ill. (Kanonistische Studien und Texte ed. M. Koeniger 4, Bonn 1930).-Gallia christiana in provincias dioiea edd. D. de Sainte-Marthe, B. Haurdau, P. Piolin et 11.1. (Paris 1715-1877).-A. Gaudenzi, 'Il monastero di Nonantola, il ducato di Persieeta e la Chiesa di Bologna,' Bulletino dell'Lsiituto storico italiano 36-7 (1916).-Gothofr. - Code» Theodosianue cum perpetuis commentariis Iacobi Gothofredi (Lyons 1665; Leipzig 1736).-Greg. Reg. _ Gregorii I papae Registrum epistolarum edd. P. Ewald [bks, 1-4J and L. Hartmann [5-14J (MGII Episiolae 1-2, Berlin 1887-99).-P. Hinschius, Das Kirchenrecht der Katholiken und Proteetanten (Berlin 1869-95).-Kehr, JP - Italia pontificia sive repertorium privilegiorum et litterarum ... ed. P. F. Kehr (Berlin 1906-35).-1I. W. Klewitz, 'Die Entstehung des Kardinalskollegiums,' ZRG Kan. Abt. 25 (1936) 115-221.-B; Kurtscheld, Historia iuris canonici I (Rome 1941).-LD - Liber diurnu8 Romanorum pontificum ex unico codice Vati- calW ed. Th. Sickel (Vienna 1889); Liber diurnus ou recueil des formules usitees par la chancel. lerie pontificale .•. ed. E. de Rozicre (Paris 1869).-LP - Le Liber pontificalis: texte, intro· duction et commentaire ed. L. Duchcsne (Paris 1886-92).-(Charles) Le Cointe, 'Institu· tion et rang des cardinaux,' memorandum written by the Oratorian priest 0611-81) for Colbert and printed (from 1\IS Paris, BibI. nato Collection des cinq-cents de Colbert voI. 172, fol8. 52-159) in Analecta iuris pontificii 18 (1879) 28-55; 257-77.-J. Mabillon, MU8eum italicum (Paris 1687-9; 2nd ed. 1724).-E. Martene, De antiquis ecclesiae ritibus (Rouen 1700-2; 2nd ed. Antwerp 1736-8 [the best according ~o AndrieuJ; 3rd ed. Venice 1783: cited according to the numbers of books, chapters, articles, ordines).-L. A. Muratori, Antiqui· • tales italicae medii aevi (Milan 1738-42); id. Rerum italicarum scriptores (Milan 1723-51).- NA ... Neues Archiv der Gesellschaft für ältere deutsche Geschichtskunde.-Onofrio Panvini, 'De origine cardinalium liber unicus' ed. A. Mai, Spicilegium Romanum 9 (1843) 469-511.- W. Peitz, 'Liber Diurnus: Beiträge zur Kenntnis der ältesten päpstlichen Kanzlei,' Sitzungs- berichte der kais. Akademie der Wissenschaften in Wien, phiI. hist. KI. 185,4 (1918).-0. PhilIips, Kirchenrecht (Regensburg 1845-72; vols. 1-2: 3rd ed. 1855-7).-J. B. SägmUIler, Die Thätigkeit und Stellung der Cardinäle bis Papst Bonifaz VIII. (Freiburg Br. 1896).-E. Schwartz Acta concilioru7l& oecumenicorum (Berlin-Leipzig 1914-38).-1\1. Giuseppe Ta. magna, Origini e prerogative de'cardinali della B.R.C. (Rome 1790i.-Thaner, An8. Luc.: see Ans. Luc.-A. Thiel, Epistolae Romarwrum pontificum genuinae (Braunsberg 1868).-L. Thomassin, Vetus et not'a eccle8iae disciplina circa beneficia et beneficiari08 (Paris 1688 [as translated from the French original, 4ncienne et nouvelle discipline etc. Lyons 1676-91; used ed. Mayence 1787: cited according to the numbers of parts, books, chapters, paragraphs).- 129 130 TRADITIO were called cardinales, long before that term came to be used exclusively, or even primarily, for a specific group of dignitaries in the Church of Rome. Historians do not agree, however, as to the original meaning of the word in the language of the ancient Church. Nor do they, as a rule, explain with sufficient clearness in what sense it was first applied to those members of the Roman clergy-the priests of the ancient tituli or quasi-parishes j the deacons both of the papal palace and the city's diaconiae; and seven bishops of the metropolitan province-who eventually rose to the unique position of becoming the 'senators' and sole electors of the Pope. ' The complex subject has been amply, and at times hotly, discussed. Authors of the sixteenth, seventeenth, and eighteenth centuries explained the term, cardinalis, in various ways.' Many construed it as originally meaning principalis -like the pivot (cardo) which governs the revolving door-and referred it to the chief incumbent, the titular and proper superior of a church, such as the bishop, the first among several priests serving the same place, and the first deacon.! Other writers held that cardinalis was a synonym of intitulatus, fixus, or incardinatus, in the general sense of a cleric permanently and firmly attached, as a hinge, to the service of a church.' Others again, reversing the image of hinge and door, insisted that the term implied attachment to a cardo or main church (ecclesiacardinalis), such as a parish church, a cathedral, or, in an eminent C. H. Turner, Ecclesiae occidel1tali8 monumenta iuris antiquissima (Oxford 1899-1930).-F. Ughelli, Italia sacra ,ive de episcopis Italiae (2nd ed. by N. Coleti, Venice 1717-22).- Wolf von Glanvell, Deusd.: see Deusd.-ZRG Zeitschrift der Savigny-Stiftung für Rechts- geschichte. I Already Jacques Godefroy complained, Comm. Cod. Th. 12,6,7 (V, 541 Lugd.; IV, 573 Lips.): ' ... ubi eardinale quid sit, non magis quam quid cardinales presbyteri, diaconi, ad hanc diem scitur.' Muratori begins his dissertation, 'De cardinalium institutione,' Antiq. 5, 155 with the words: 'Multi multa de eardinalibus eorumque origine at que institutione commentati sunt ; ... aetum agere non est milli animus.' Select bibliographies of the period are found in Hinsehius, Kirchenr. I, 309 and Kehr, IP 1, If. I Onofrio Panvini, 'De episcopatibus, t.itulis et diaconiis cardinalium liber,' in Romani Pontifices et Cardinale8 S.R.E. ab ei8dem ... creati (Venice 1557) Appendix p. 51; id. De origine cardinalium 481; H. Plati, De cardinali8 dig nit ate (Rome 1602; 6th ed. 1836) 2,3,23; J. Cohellius, Notitia cardinalatu8 (Rome 1653) 3; J. B. Card. de Luea, 'Relatio romanae curiae Iorensis' 4, 2, in Theatrum veritati8 et iustitiae (Rome 1671) 7, 2, 17; M. GonzaIez Tellez, Commentaria perpetua in singulo8 teztus quinque librorum decretalium Gregorii IX (Lyons 1673) 1,24,2 ad v. sacerdotum cardinalium; 3,4, 2; P. de Goussainville, note to • epp. 1,15 and 12,2 in his edition (Paris 1675) of the letters or Gregory the Great (reprinted in the Maurist edition, to epp. 1, 15 and 14,7; cf. PL 77, 461 note e; 1310 note g); L. Tho- masein, Vet us et nova Ecclesiae disciplina 1,2,115,2; J. Kleiner, De origine et antiquitate Efiiorum S.R.E. Cardinalium (Heidelberg 1767; ed. A. Schmidt, Theeaurue iuris ecclesiastici, Heidelberg-Bamberg-Würaburg 1773: I1, 443-66) §13, and many others. The doctrine goes back as rar 8S the glossators: cf. Glossa ordinaria on C. 21 q. 1 c. 5 ad v. cardinalemj on X. 1,24,2 ad v. cardinalium. • C. Fleury, ITUltitutione8 iuri8 eccle8iastici (- Institution au droit ecclesiastique, Paris 1676; 3rd latin ed. Venice 1779) 1, 19, 2j Gothorredus loco cit.; Muratori, Antiq. 5, 156f.; Z. B. van Espen, IU8 ecclesia8ticum univer8um (Louvain 1753-68) 1,22,1,1; J. Devoti, In8titu- tionum canonicarum libri IV (Rome 1785-9; used ed. 1830) 1,3,2,22 note 4. AIBODe Luca and Goussainville loce. cilt. offer this explanation, in combination with the first theory. CARDINALlS: THE HISTORY OF A CANONICAL CONCEPT 131 sense, the Church of Rome.' Behind these etymological wranglings there was an issue even more passionately disputed: the 'parochialist' theory, especially dear to Gallican writers, which contended that in olden times cardinalis had been more or less a name for parish rectors." A few authors, finally, were struck by the fact that in the letters of St. Gregory the Great the word, cardinalis, appears always to be used in connection with , bishops, priests, or deacons appointed to a church different from that of their first ordination. In other words, according to these authors the term was always correlated, at least in the language of' St. Gregory, with incardinare or ?ardin~re in the sense of transferring a cleric.' The heralds of this interpretation, ID particular Tamagna (1790) and Nardi (1830), found it a useful instrument in combating the claims of the parrochisti. They did not attempt however to explain the obvious discrepancy between the Gregorian and the medieval usage nor to connect the former in any way with the origins of the Roman Cardinalata.? After the middle of the nineteenth century, only George Phillips (1864) and Paul Hinschius (1869) continued to give consideration, in their respective monu- mental treatises of Canon law, to the peculiar use of cardinalis and incardinare in St. Gregory's correspondence.s But they, too, treated it rather as an isolated phenomenon of no consequence for the general institution of the cardinalate.' The majority of modern canonists preferred to make no further mention of the problems of interpretation created by the Gregorian texts.
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