Henry of Segusio

Henry of Segusio

Henry of Segusio, usually called Hostiensis, (c. 1200 – November 6 or 7, 1271)1 was an Italian canonist of the thirteenth century, born at Susa (Segusio), in the ancient Diocese of Turin. He died at Lyon.

Life

He gave himself up to the study of Roman law and canon law at Bologna, where he seems to have taught, and to have taken his degree "utriusque juris". He taught canon law at Paris, and spent some time in England, whence King Henry III sent him on a mission to Innocent IV.

Later he became Provost of Antibes, and chaplain to the pope and was soon promoted to the See of Sisteron (1244), afterwards to the Archdiocese of Embrun (1250). He became Cardinal Bishop of Ostia and Velletri on May 22, 1262 [ [http://www.fiu.edu/~mirandas/bios1262.htm Consistory of 1262] ] , whence his name Hostiensis. His health forced him to leave the conclave which, after the Holy See had been vacant for three years, elected Gregory X.

Works

As a canonist Hostiensis had a great reputation. His works are:

*"Lectura in Decretales Gregorii IX" (Strasburg, 1512; Paris, 1512), a work begun at Paris but continued during his whole life;
*"Summa super titulis Decretalium" (Strasburg, 1512; Cologne, 1612; Venice, 1605), also known as "Summa archiepiscopi" or "Summa aurea"; written while he was Archbishop of Embrun, a work on Roman and canon law, which won for its author the title "Monarcha juris, lumen lucidissimum Decretorum". One portion of this work, the "Summa, sive tractatus de poenitentia et remissionibus" was very popular. It was written between 1250 and 1261
*"Lectura in Decretales Innocentii IV", which was never edited.

A work on feudal law has also been attributed to him, but without foundation.

Hostiensis on Papal "Plenitudo Potestatis" (Fullness of Power)

For Hostiensis the law as well as all political authority were derived from God.2 Because of this all princes “exercised authority by divine mandate.”3 Civil law was divine because the emperors who created that law were placed in authority by God.4 Despite this, however, civil law was inferior to canon law.5

The reason for this is that the pope’s authority was even closer to the divine than that of secular princes. Because the pope was the vicar of God he acted on God’s authority, from which he (the pope) derived his own authority.6 Thus, whenever the pope acted "de iure" he acted as God.7 Therefore canon law, since it was promulgated by the pope, was established by God.8 This is because canon law was based on the bible, and God had given his vicar, the pope, the authority to interpret that text.9 Thus canon law was divine not because it came directly from God, but because of the end it sought (the spiritual well-being of Christians) and because of the dignity of the Pope, from which the canon law emanated.10

Hostiensis believed that while the pope should follow positive law he was not bound by it.11 Thus the pope could not be tried for any crime, except that of heresy, in which case “the pope could be subject to the 'ecclesia' (the Church)."12 For any other violation of law the pope could be judged by no one save God.13 Further, except in the event that a mortal sin would result, the pope was to be obeyed in everything he commanded, including violations of positive law, since the pope was above that law.14 The only exception to this was if the pope’s command violated the conscience of the one being commanded, in which case the one being commanded should not obey.15

Similarly, Hostiensis believed that the pope could grant exemptions even from divine law ("mandates of the Apostles and rules of the Old Testament"),16 so long as that exemption did not lead to a mortal sin, violate the faith, subvert the faith, or endanger the salvation of souls.17 The pope had great authority indeed, he could even "change squares into circles."18

According to Hostiensis the pope was imbued with the authority of the two swords (Lk 22:36-38), interpreted as spiritual and temporal power.19 The spiritual was superior to the temporal in the following three aspects: “in dignity, for the spirit is greater and more honourable than the body; in time, for it was earlier; and in power, for it not only institutes the temporal power but also has the authority to judge it, while the Pope cannot be judged by any man, except in cases of heresy.”20 The pope entrusted temporal authority to the emperors21 but retained the right to reclaim that authority “in virtue of the ‘plenitudo potestatis’ which he possesses as the vicar of Christ.”22 Indeed, the temporal power of the pope was so complete that Hostiensis considered it a mortal sin for a temporal ruler to disobey the pope in temporal matters.23

This view of papal authority in temporal matters also applied to the kingdoms of non-Christians. For Hostiensis all sovereignty had been taken away from non-Christians and transferred to the faithful when Christ came into the world.24 “This translation of power was first made to the person of Christ [w] ho combined the functions of priesthood and kingship, and this sacerdotal and kingly power was then transferred to the popes.”25 Non-Christians were thus subject to Christians but could maintain sovereignty over their lands so long as they recognized the church as superior.26 If non-believers failed to recognize the lordship of the Church, however, sovereignty could be taken away from them by the pope and transferred to Christian rulers.

Hostiensis’ influence lasted well into the seventeenth century.27 His thought played an especially central role in Spanish theories of empire during the age of discovery. Both Juan Lopez de Palacios Rubios and Fray Matias de Paz, who were recruited by King Ferdinand of Spain in 1512 to help legitimate Spanish title over the New World,28 based their justifications of Spanish sovereignty over the New World on Hostiensis’ ideas on papal temporal sovereignty.29

In literature

He appears in the "Paradise" (12.82-85) of Dante's "Divine Comedy.

Notes

1. Kenneth Pennington, "Popes, Canonists and Texts, 1150-1550". Brookfield, VT: Variorum (1993), pp. XVI.1, XVI.5.
2. Kenneth Pennington, "The Prince and the Law, 1200-1600". Los Angeles, University of California Press (1993), p. 51.
3. "Id."
4. Arturo Rivera Damas, "Pensamiento Politico de Hostiensis: Estudio Juridico-Historico Sobre las Relaciones Entre el Sacerdocio y el Imperio en los Escritos de Enrique de Susa". Zurich (1964), p. 142.
5. "Id." at 45.
6. Pennington, "supra" f.n. 2, at 51.
7. "Id."
8. "Id." at 53
9. "Id."
10. Rivera Damas, "supra" f.n. 4, at 42.
11. Pennington, "supra" f.n. 2, at 59.
12. "Id."
13. "Id."
14. "Id." at 60.
15. "Id."
16. "Id."
17. "Id." at 60-61.
18. "Id." at 61.
19. R.W. & A.J. Carlyle, "A History of Medieval Political Theory in the West: Vol. 5, The Political Theory of the Thirteenth Century". London: William Blackwood & Sons LTD (1928), p. 331
20. "Id." at 229.
21. "Id." at 331.
22. "Id." at 332.
23. Walter Ullmann, "Medieval Papalism: The Political Theories of the Medieval Canonists". London: Methuen & Co. LTD (1949), p. 93.
24. Rivera Damas, "supra" f.n. 4, at 144-146.
25. Ullmann, "supra" f.n. 21, at 131.
26. "Id."
27. Pennington, "supra" f.n. 2, at 49.
28. Patricia Seed, "Taking Possession and Reading Texts: Establishing the Authority of Overseas Empires". The William and Mary Quarterly, vol. 49 (1992), p. 202.
29. J.H. Parry, "The Spanish Theory of Empire in the Sixteenth Century". London: Cambridge University Press (1940), pp. 12-13.

References

*Carlyle, R.W. & A.J. "A History of Medieval Political Theory in the West: Vol. 5, The Political Theory of the Thirteenth Century". London: William Blackwood & Sons LTD (1928)
*McCready, William D. "Papal Plenitudo Potestatis and the Source of Temporal Authority in Late Medieval Papal Hierocratic Theory". Speculum, vol. 48 (1973). (This work is not cited in the text above but provides a good overview of the idea of "plenitudo potestatis".)
*Parry, J.H. "The Spanish Theory of Empire in the Sixteenth Century". London: Cambridge University Press (1940)
*Pennington, Kenneth. "Popes, Canonists and Texts, 1150-1550". Brookfield, VT: Variorum (1993)
*Pennington, Kenneth. "The Prince and the Law, 1200-1600". Los Angeles, University of California Press (1993)
*Rivera Damas, Arturo. "Pensamiento Politico de Hostiensis: Estudio Juridico-Historico Sobre las Relaciones Entre el Sacerdocio y el Imperio en los Escritos de Enrique de Susa". Zurich (1964)
*Seed, Patricia. "Taking Possession and Reading Texts: Establishing the Authority of Overseas Empires". The William and Mary Quarterly, vol. 49 (1992)
*Ullmann, Walter. "Medieval Papalism: The Political Theories of the Medieval Canonists". London: Methuen & Co. LTD (1949).

External links

* [http://faculty.cua.edu/Pennington/1140d-h.htg/HOSTIENSIS.html Henricus de Segusio (Hostiensis)] , Ken Pennington, The Catholic University of America.
*CathEncy|url=http://www.newadvent.org/cathen/07238a.htm here|title=Blessed Henry of Segusio


Wikimedia Foundation. 2010.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Henry of Segusio, Blessed — • Usually called Hostiensis. Italian canonist, bishop of Ostia, d. 1261 Catholic Encyclopedia. Kevin Knight. 2006 …   Catholic encyclopedia

  • Bl. Henry of Segusio —     Blessed Henry of Segusio     † Catholic Encyclopedia ► Blessed Henry of Segusio     Usually called Hostiensis, an Italian canonist of the thirteenth century, born at Susa (in the ancient Diocese of Turin); died at Lyons, 25 October, 1271.… …   Catholic encyclopedia

  • Europe, history of — Introduction       history of European peoples and cultures from prehistoric times to the present. Europe is a more ambiguous term than most geographic expressions. Its etymology is doubtful, as is the physical extent of the area it designates.… …   Universalium

  • Dominium mundi — is an idea of universal dominion developed in the Middle Ages. Inspired by the memory of the Roman Empire, dominium mundi implied the recognition of one supreme authority, which generated a prolonged political and spiritual struggle between… …   Wikipedia

  • The Seal of Confession —     The Law of the Seal of Confession     † Catholic Encyclopedia ► The Law of the Seal of Confession     In the Decretum of the Gratian who compiled the edicts of previous councils and the principles of Church law which he published about 1151,… …   Catholic encyclopedia

  • Priest-penitent privilege in pre-Reformation England — The doctrine of priest penitent privilege does not apply in the UK. However, before the Reformation, England was a Roman Catholic country and the Seal of the Confessional had great authority in the English courts.Anglo Saxon EnglandIn Anglo Saxon …   Wikipedia

  • Zoen Tencarari — [Tancalari.; according to Girolamo Tiraboschi, Storia della letteratura italiana (1823), he was born c. 1200, and was named Giovanni.] was an Italian canon lawyer, papal vice legate, and bishop of Avignon from 1240 to about 1261. He taught at the …   Wikipedia

  • Diocese of Gap —     Gap     † Catholic Encyclopedia ► Gap     (VAPINCENSIS).     Diocese; suffragan of Aix, includes the department of the Hautes Alpes. Suppressed by the Concordat of 1801 and then united to Digne, this diocese was re established in 1822 and… …   Catholic encyclopedia

  • Ostiensis — (sometimes Hostiensis) is the Latin adjectival form of Ostia. It also refers to medieval Roman Catholic cardinals: Leo of Ostia (died c. 1116), historian Henry of Segusio (died 1271), canonist This disambiguation page lists articles associated… …   Wikipedia

  • Berenger Fredoli — (b. at Vérune, France, c. 1250; d. at Avignon, 11 June1323) was a French canon lawyer and Cardinal Bishop of Frascati. [CathEncy|url=http://www.newadvent.org/cathen/06257a.htm|title=Berenger Fredoli] He was canon and precentor of Béziers, secular …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”