Folia Canonica 12. (2009)

STUDIES - Szabolcs Anzelm Szuromi: Medieval canon law heritage of the Norbertine Abbey of Weissenau in the hermitage of St. Petersburg

MEDIEVAL CANON LAW HERITAGE OF THE NORBERTINE ABBEY... 125

day tribunal work. Moreover, those parts of the manuscript which are witnesses of all of the three hands are very significant. There is only one place where the parchment is not worn because of frequent consultation. This is fol. 42va, where there are supplementary addenda by hand n° 3 about the duty of the archdeacon. This can give further evidence as to the identification of the user’s activity. If we pay attention to the single offices and their obligations, it is obvious that there is no folio that shows signs of frequent usage at the themes of archdeacon, archpriest41, sacristan42, vicar43, etc.; and only one of these parts was enlarged by an attached extra addenda (i.e., the office of archdeacon). It seems that for the users, the canonical regulations of the ecclesiastical offices were not important except for only that particular one which has a strong bond to the ecclesiastical tribunal system, namely the archdeacon, whose function was prominent for the cathedral’s court. Hand n° 3 inserted commentary or emphases to the theme of rescript (fol. 5r), election (14v), ordination of slaves (39v), the archdeacon’s office (42va), delegated judges (45ra), and to the office of ordinary judge (53ra). Book I consequently gives strong evidence that supports our impression of the daily tribunal use of this codex. However, if we continue our observation with Book II, there can be found other important signs of this tribunal activity. The folios were used many times at foil. 68r-76ra, 79v-80v, 89r, 92r-93v, 98r, 103v, llOr. Moreover, on folios 68r (De iudiciis)44, 78v (De ordine cognitionum)45 and 119v (De appellationibus, recusationibus, et relationibus)46 the addenda appear in hand n° 3. The themes which are explained on the indicated places are considerable. Fol. 68rb is particularly important because this is the beginning of the first title of Book II compiling canons on the cases at the ecclesiastical tribunal and it gives us to understand why this part of the manuscript is one of the most often used: because the entire Book is dedicated to cases and to juridical process. Book V also deals with some questions in relation to the cathedral’s court.

41 X 1.24: De officio archipresbyteri - Cf. Friedberg II. 153-155.

42 X 1.26: De officio sacristae — Cf. FRIEDBERG II. 155.

43 X 1.28: De officio vicari - Cf. Friedberg II. 156.

44 Ermit. lat. 26, fol. 68rb; X 2.1.1: De quodvultdeo Centuriensi episcopo (...) Nam adimi sibi episcopatum ante causae eius exitum nulli potest iure videri. Friedberg IL 239.

45 Ermit. lat. 26, fol. 78vb; X 2.10.1: Intelleximus ex literis tuis, quod, quum quaedam mulier peteret quendam in virum, testes ad suae intentionis assertionem induxit (...) Quo facto virum ab impetitione mulieris, prout exposcit ratio iuris, absolvas. Friedberg II. 273.

46 Ermit. lat. 26, fol. 119va; X 2.28.1: Dilecti filii nostri priori et clerici de Gisebergen gravem admodum et difficilem nobis querimoniam transmiserunt (...) Super quibus omnibus si veritate per idoneas personas et famam loci sollicite inquisita inveneritis ecclesiarum concessiones taliter factas, nisi prior et canonici malitiose distulerint eas, quantum ad se pertinet, ordinare, nullius appellatione obstante auctoritate nostra in irritum revocetis easdem. Friedberg II. 409—410.