The term consumpta pecunia, money used, in D. 12,1 is interpreted differently in the legal tradition of East and West, when it came to explain why a condictio was granted to recover money, lent by an ...unauthorised person. In Byzantine law, the sixth-century antecessor Stephanus interprets this condictio as an enrichment action, namely ὁ ἀπὸ καλοῦ δαπανήματος κονδικτίκιος (condictio de bene depensis). For Stephanus money, once used, causes ownership to pass by commixture. He considers the condictio in the Digest as a unitary doctrine and views the titles D. 12,2 and D. 12,3, which deal with other matters, as a parenthesis. In the Glossa Ordinaria, this condictio has been interpreted as a contractual condictio, namely as a condictio ex numeratione or condictio ex consumptione. In the Glossa ordinaria consumpta pecunia causes ownership to pass by the validation of the contract. D. 12,1 is considered to be an independent title. The condictio in D. 12,1 is a contractual condictio; the condictiones discussed in the other titles are different, they arise ex bono et aequo.
Peter Lombard's influential commentary on the Pauline Epistles, the Collectanea in omnes divi Pauli epistolas, has received little extended analysis in scholarly literature, despite its recognized ...importance both in its own right and as key for the development of his Sentences. This article presents a new approach to studying the Collectanea by analyzing how Lombard's commentary builds on the Glossa “Ordinaria” on the Pauline Epistles. The article argues for treating the Collectanea as a “historical act,” focusing on how Lombard engages with the biblical text and with authoritative sources within which he encounters the same biblical text embedded. The article further argues for the necessity of turning to the manuscripts of both the Collectanea and the Glossa, rather than continuing to rely on inadequate early modern printed editions or the Patrologia Latina. The article then uses Lombard's discussion of faith at Romans 1:17 as a case study, demonstrating the way in which Lombard begins from the Glossa, clarifies its ambiguities, and moves his analysis forward through his use of other auctoritates and theological quaestiones. A comparison with Lombard's treatment of faith in the Sentences highlights the close links between Lombard's biblical lectures and this later work. The article concludes by arguing that scholastic biblical exegesis and theology should be treated as primarily a classroom activity, with the glossed Bible as the central focus. Discussion of Lombard's work should draw on much recent scholarship that has begun to uncover the layers of orality within the textual history of scholastic works.
An introductory chronological, conceptual and juridical foreword dealing with the problem of the heresies in the Roman-Christian law is needed as this law had a great influence upon both Canon and ...Roman medieval law. The medieval Canon law of the 11th century is expounded, as it is here that the problem of heresies reappears both before and after the Vergentis decree in order to see the amendments that this decree resulted in. The juristic education of its author Pope Innocent III and his relationship with Uguccione da Pisa, the most important and influential canonist not only of this century, is then outlined. The research about the juridical status of the heretics in the Ordinary Gloss to the Decree of Gratian and in that of Accursio to Codex Iustiniani presents not only the related sentences and legal incapacities which concerned the heretics but also the relationship between Canon and Roman law in the Middle Ages.
The traditional account of the development of theology in the twelfth and thirteenth centuries is that the emerging “academic” discipline of theology was separated from the Bible and its commentary, ...that the two existed on parallel but separate courses, and that the one developed in a “systematic” direction whereas the other continued to exist as a separate “practical” or “biblical-moral” school. Focusing largely on texts of an allegedly “theoretical” nature, this view misunderstands or, indeed, entirely overlooks the evidence issuing from lectures on the Bible — postills, glosses, and commentaries — notably the biblical Glossa “ordinaria.” A witness to an alternative understanding, Peter Comestor, master and chancellor of the cathedral school of Paris in the second half of the twelfth century, shows that theology was created as much from the continued study of the Bible as from any “systematic” treatise. Best known for his Historia scholastica, a combined explanation and rewrite of the Bible focusing on the historical and literal aspects of sacred history, Comestor used the Gloss as a textbook in his lectures on the Gospels both to elucidate matters of exegesis and to help him deduce doctrinal truth. Through a close reading of Comestor's lectures on the Gospel of John, this essay reevaluates the teaching of theology at the cathedral school of Paris in the twelfth century and argues that the Bible and its Gloss stood at the heart of this development.
In the Czech Medieval sources we can find different Latin variants of originally Greek noun μνγαλη̑, denoting some smaller representative of the family Soricidae from the order Insectivora. Czech ...glosses attached to the Latin variants migale, micale, mitale, merhale, iugale and others testify, however, that the Czech lexicographers and authors of various scientific treatises did not connect this word with the shrew but with some significantly bigger animal – probably with the ermine (family Mustelidae, order Carnivora). This paper tries to illuminate how and when did this change happen: whether it was caused by a mistake, originating sometimes during the two thousand years when the Greek word μνγαλη̑ found its way from the ancient treatises into the Czech Medieval works, or whether it was motivated by a mistaken interpretation of the Czech authors. The word μνγαλη̑ spread into the Middle Ages from two very different texts: from Aristotle's treatise Historia animalium, and from the Bible (Lev 11,29–31) where the shrew belongs – together with the mouse, weasel and other beasts – to the ritually impure animals that are forbidden to eat. As it seems, the Medieval encyclopedists, who combined the scientific knowledge of Aristotle with the colourful narrative of biblical exegesis in their descriptions, found the meaning of this word not clear enough and so they likened this animal to the chameleon, or often considered it unidentifiable. The Medieval illuminators, in their turn, depicted this animal as a smaller beast of prey resembling the weasel. However, the animal called gali was depicted in a similar way. This word comes from Aristotle's Historia animalium where it denotes indeed the weasel or other weasel-like beast of prey, and it occurs for the first time in the Middle Ages in the 13th century, in the Latin translation of Aristotle's zoological treatise translated from Arabic by Michael Scotus. The word gali itself remained obscure for the Medieval encyclopedists and they were unable to identify the respective animal – this is best exemplified by the suggestion of Albert the Great who considered the gali to be the fox. It comes as no surprise, then, that Bartholomaeus Anglicus put the description of both animals together into a single passage. The names gali and mygale thus multiplicate the many nouns available in the Middle Ages for the weasel-like beasts of prey (mustela, putorius, furunculus, erminium and others), and the word mygale is almost exclusively used to denote the ermine in the 14th and 15th centuries.
An assiduous interest in the plain sense of Scripture and shared interpretations of particular biblical passages can be observed in certain twelfth-century Jewish and Christian commentaries composed ...in northern France. While Hugh of Saint Victor and Rashbam engaged in independent endeavors to shed light on the sensus literalis and the peshat of Scripture, Andrew of Saint Victor attributed his knowledge of particular rabbinic interpretations to encounters with contemporary Jews. Yet points of convergence in Jewish and Christian exegesis can be observed even before the work of the Victorines and Rashi's disciples. The purpose of this study is to examine the midrashic interpretations transmitted in northern France around the beginning of the twelfth century in both the Glossa Ordinaria and Rashi's biblical commentaries. Interpretations are found in both corpora on occasions when their late-antique sources, such as Midrash Genesis Rabba and Jerome's Hebrew Questions on Genesis, themselves transmit similar insights. By analyzing an exposition found in both Rashi and the Gloss, the narrative of Abraham in the fiery furnace, this study seeks to clarify the nature and extent of this relationship. It thereby enables a more detailed understanding of the ways that midrash reached twelfth-century Jews and Christians and of how Rashi and the Gloss ensured the wide dissemination of these interpretations.
Devorah Schoenfeld's new work offers an in-depth examination of two of the most influential Christian and Jewish Bible commentaries of the High Middle Ages. The Glossa Ordinaria and Rashi's ...commentary were standard texts for Bible study in the High Middle Ages, and Rashi's influence continues to the present day. Although Rashi's commentary and the Glossa developed at the same time with no known contact between them, they shared a way of reading text that shaped their interpretations of the central religious narrative of the Binding of Isaac. Schoenfeld's text examines each commentary unto itself and offers a detailed comparison, one that illustrates the similarities between Rashi and the Gloss that derive not merely from their shared late antique heritage but also from their common twelfth-century context, and the Jewish-Christian polemic in which they both, implicitly or explicitly, take part.
Review(s) of: The 'Glossa Ordinaria' on Romans, by Woodward, Michael Scott, ed., (TEAMS Commentary Series), Kalamazoo, Medieval Institute Publications, 2011, paperback, pp. xxi, 248; R.R.P. US$18.00, ...ISBN 9781580441094.
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