Henry of Segusio
Encyclopedia
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
.
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, 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.
A work on feudal law has also been attributed to him, but without foundation.
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
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
canonist of the thirteenth century, born at Susa
Susa
Susa was an ancient city of the Elamite, Persian and Parthian empires of Iran. It is located in the lower Zagros Mountains about east of the Tigris River, between the Karkheh and Dez Rivers....
(Segusio), in the ancient Diocese of Turin
Turin
Turin is a city and major business and cultural centre in northern Italy, capital of the Piedmont region, located mainly on the left bank of the Po River and surrounded by the Alpine arch. The population of the city proper is 909,193 while the population of the urban area is estimated by Eurostat...
. He died at Lyon
Lyon
Lyon , is a city in east-central France in the Rhône-Alpes region, situated between Paris and Marseille. Lyon is located at from Paris, from Marseille, from Geneva, from Turin, and from Barcelona. The residents of the city are called Lyonnais....
.
Life
He gave himself up to the study of Roman lawRoman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
and canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
at Bologna
Bologna
Bologna is the capital city of Emilia-Romagna, in the Po Valley of Northern Italy. The city lies between the Po River and the Apennine Mountains, more specifically, between the Reno River and the Savena River. Bologna is a lively and cosmopolitan Italian college city, with spectacular history,...
, where he seems to have taught, and to have taken his degree utriusque juris. He taught canon law at Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
, and spent some time in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, whence King Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
sent him on a mission to Innocent IV.
Later he became Provost
Provost (religion)
A provost is a senior official in a number of Christian churches.-Historical Development:The word praepositus was originally applied to any ecclesiastical ruler or dignitary...
of Antibes
Antibes
Antibes is a resort town in the Alpes-Maritimes department in southeastern France.It lies on the Mediterranean in the Côte d'Azur, located between Cannes and Nice. The town of Juan-les-Pins is within the commune of Antibes...
, and chaplain
Chaplain
Traditionally, a chaplain is a minister in a specialized setting such as a priest, pastor, rabbi, or imam or lay representative of a religion attached to a secular institution such as a hospital, prison, military unit, police department, university, or private chapel...
to the pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
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, whence his name Hostiensis. His health forced him to leave the conclave which, after the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
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.5The 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
Juan López de Palacios Rubios
Juan López de Palacios Rubios was a Spanish jurist....
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
External links
- Henricus de Segusio (Hostiensis), Ken Pennington, The Catholic University of AmericaThe Catholic University of AmericaThe Catholic University of America is a private university located in Washington, D.C. in the United States. It is a pontifical university of the Catholic Church in the United States and the only institution of higher education founded by the U.S. Catholic bishops...
.