The ''De divortio Lotharii regis et Theutbergae reginae'' ("On the divorce of King Lothar and Queen Theutberga") is an extended mid ninth-century

treatise A treatise is a formal and systematic written discourse on some subject, generally longer and treating it in greater depth than an essay, and more concerned with investigating or exposing the principles of the subject and its conclusions." Tre ...

written by

Hincmar, Archbishop of Reims Hincmar (; ; la, Hincmarus; 806 – 21 December 882), archbishop of Reims, was a Frankish jurist and theologian, as well as the friend, advisor and propagandist of Charles the Bald. He belonged to a noble family of northern Francia. Biography ...

(d. 882), which survives in a single manuscript, Paris BnF. lat. 2866. The front few pages of this manuscript have been lost, and so this is an assumed title. It explores the issues arising from the attempt by Lothar II, king of Lotharingia (855–869), to rid himself of his wife

Teutberga Teutberga (died 11 November 875) was a queen of Lotharingia by marriage to Lothair II. She was a daughter of Bosonid Boso the Elder and sister of Hucbert, the lay-abbot of St. Maurice's Abbey. Life For political reasons, to forge ties of kinshi ...

and replace her with his

concubine Concubinage is an interpersonal and sexual relationship between a man and a woman in which the couple does not want, or cannot enter into a full marriage. Concubinage and marriage are often regarded as similar but mutually exclusive. Concubi ...

Waldrada Waldrada (also Vuldetrada) (531572), wife (firstly) of Theudebald, King of Austrasia (ruled 548–555), reputed mistress (secondly) of Chlothar I, King of the Franks (ruled until 561), was the daughter of Wacho, King of the Lombards (ruled ''ca''. ...

. Hincmar is primarily concerned with defining what marriage is and how (or if) it may be ended, and with the duties of bishops and of kings. However, in the course of discussing these questions, he touches on many other issues too, and gives much detail on ninth-century politics and religious practice in

Francia Francia, also called the Kingdom of the Franks ( la, Regnum Francorum), Frankish Kingdom, Frankland or Frankish Empire ( la, Imperium Francorum), was the largest post-Roman barbarian kingdom in Western Europe. It was ruled by the Franks dur ...

. Hincmar wrote under the guise of answering questions from bishops, publishing his answers once in early 860, and again in the summer of the same year. As events unfolded, Hincmar's work became redundant for the contemporary reader quickly, but is an invaluable source for historians today. It is the manuscript through which significant study of the divorce is noted, allowing the modern reader insight into the issues surrounding the divorce. Divorce had not been an issue prior to this, and so this offers a unique insight into changing attitudes at the time, specifically in relation to the growing influence of the

Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

over

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

Historical Background

''De divortio Lotharii regis et Theutbergae reginae'' was written in stages throughout the year 860. It was written by Archbishop Hincmar of Reims in response to letters from several anonymous Lotharingian Bishops. The letters appealed to

Hincmar Hincmar (; ; la, Hincmarus; 806 – 21 December 882), archbishop of Reims, was a Frankish jurist and theologian, as well as the friend, advisor and propagandist of Charles the Bald. He belonged to a noble family of northern Francia. Biography Ea ...

for advice regarding the high-profile attempt by King Lothar II to put aside his wife,

, in the hopes of marrying his mistress, Waldralda. These Bishops likely sought Hincmar's advice as he was considered an expert in moral and religious law. At the time of writing,

was commenting on a topical issue that rocked the Carolingian Empire. Even the "women in their weaving sheds" were discussing the divorce and the outlandish accusations made by

Lothar II Lothair II (835 – 8 August 869) was the king of Lotharingia from 855 until his death. He was the second son of Emperor Lothair I and Ermengarde of Tours. He was married to Teutberga (died 875), daughter of Boso the Elder. Reign For political ...

in attempts to rid himself of

. As the divorce spiralled out of control, with the failed

Trial by Ordeal Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. In medieval Europe, like trial by combat, tri ...

, Council of Aachen and eventually the Council of Metz, more and more significant figures were drawn into the debate. Eventually, Pope Nicholas I had the final say, rejecting the Council of Metz and disallowing the divorce.

Content

Hincmar of Rheims (d.822) ''De divortio Lotharii regis et Theutberga reginae'' is a lengthy treatise that explores the issues of Lothar II's divorce through a series of questions and responses. First the author outlines the situation of the divorce case and gives context to the treatise.

dedicates a significant amount of the treatise to discussing what marriage is and uses historical and Biblical precedent to justify his definition. The question and response structure proceeds to address the issues in what is considered the most controversial divorce case in early-medieval society. The treatise is careful to maintain a balance of opinion.

covers reasons supporting and denouncing

and his attempted divorce of

. The reason for this has been surmised as Hincmar's attempt to maintain good relations with both Lothar II and Pope Nicholas. The treatise goes on to discuss the moral issues of kingship and queenship in the context of the divorce case. Hincmar states his opinion on the duties and responsibilities of a king as a husband. The treatise's questions and responses also devote significant attention to the conflict between

Christian law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...

and civil law in the context of the attempted divorce.

Editions

A recent edition is that of L. Böhringer, ''De Divortio Lotharii Regis et Theutbergae Reginae'' (1992) in the '' Monumenta Germaniae Historica'' series. A provisional English-language translation can be foun
here
It has since been retranslated with accompanying commentary by Rachel Stone and Charles West, ''The Divorce of King Lothar and Queen Theutberga: Hincmar of Rheims's De Divortio'' in 2016, published by the Manchester University Press.

References

{{reflist * S. Airlie, 'Private bodies and the body politic in the divorce case of Lothar II', ''Past and Present'' 1998 pp. 3–38 * K. Heidecker, 'Why Should Bishops Be Involved in Marital Affairs? Hincmar of Rheims on the divorce of King Lothar II (855-869)', in ''The Community, the Family and the Saint: Patterns of Power in Early Medieval Europe'', ed. Hill and Swan (1998). Divorce law