Henry of Segusio
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Henry of Segusio, usually called Hostiensis, (c. 1200 – 6 or 7 November 1271) was an
Italian Italian may refer to: * Anything of, from, or related to the people of Italy Italy ( it, Italia ), officially the Italian Republic ( it, Repubblica Italiana, links=no ), is a country consisting of a peninsula delimited by the Alps ...

Italian
canonist Canon law (from grc, κανών, , a 'straight measuring rod, ruler A ruler, sometimes called a rule or line gauge, is a device used in geometry Geometry (from the grc, γεωμετρία; ' "earth", ' "measurement") is, with , ...
of the thirteenth century, born at
Susa Susa (; Cuneiform Cuneiform is a Logogram, logo-Syllabary, syllabic writing system, script that was used to write several languages of the Ancient Near East. The script was in active use from the early Bronze Age until the beginning of the ...
(Segusio), in the ancient Diocese of
Turin Turin ( , Piedmontese Piedmontese (autonym: or , in it, piemontese) is a language spoken by some 700,000 people mostly in Piedmont it, Piemontese , population_note = , population_blank1_title = , population_blank1 = ...

Turin
. He died at
Lyon Lyon or Lyons (, , ; frp, Liyon, ) is the third-largest city and second-largest urban area of France. It is located at the confluence of the rivers Rhône The Rhône ( , ; german: Rhone ; wae, Rotten ; it, Rodano ; frp, Rôno ; oc, ...

Lyon
.


Life

He undertook the study of
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
and
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler A ruler, sometimes called a rule or line gauge, is a device used in geometry and technical drawing, as well as the engineering and construction industries, to measure dis ...
at
Bologna Bologna (, , ; egl, label=Bolognese Bologna (, , ; egl, label=Bolognese dialect, Bolognese, Bulåggna ; lat, Bonōnia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous ...
, where he seems to have taught
Canon Law Canon law (from grc, κανών, , a 'straight measuring rod, ruler A ruler, sometimes called a rule or line gauge, is a device used in geometry and technical drawing, as well as the engineering and construction industries, to measure dis ...
, and to have taken his degree '' utriusque juris''. He taught canon law at
Paris Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, most populous city of France, with an estimated population of 2,175,601 residents , in an area of more than . Since the 17th century, Paris ha ...

Paris
, and spent some time in
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest of England and the Celtic Sea to the southwest. E ...

England
, whence
King Henry III
King Henry III
sent him on a mission to
Innocent IV Pope Innocent IV ( la, Innocentius IV; – 7 December 1254), born Sinibaldo Fieschi, was head of the Catholic Church and ruler of the Papal States from 25 June 1243 to his death in 1254. Fieschi was born in Genoa and studied at the universities ...

Innocent IV
. Later he became
Provost Provost may refer to: People * Provost (name)Provost is a surname of French origin, deriving from a civil or military official responsible for maintaining order. It moved to England with its conquering by William of Normandy in 1066. It is stil ...
of the Cathedral Chapter of
Antibes Antibes (, also , ; oc, label= Provençal, Antíbol) is a coastal city in the Alpes-Maritimes Alpes-Maritimes (; oc, Aups Maritims; it, Alpi Marittime, "Maritime Alps") is a department of France In the administrative divisions of Fra ...

Antibes
, and
chaplain A chaplain is, traditionally, a cleric Clergy are formal leaders within established religion Religion is a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, wo ...

chaplain
to the
pope The pope ( la, papa, from el, πάππας, translit=pappas, "father"), also known as the supreme pontiff () or the Roman pontiff (), is the bishop of Diocese of Rome, Rome, chief pastor of the worldwide Catholic Church, and head of state o ...

pope
. He was promoted to the See of Sisteron in 1244, afterwards to the
Archdiocese of Embrun The Roman Catholic Archdiocese of Embrun, Hautes-Alpes, Embrun was located in southeastern France, in the mountains of the Maritime Alps, on a route that led from Gap by way of Briançon to Turin. It had as suffragans the Diocese of Digne, Diocese ...
in 1250. In 1259 he replaced the captured
Filippo da Pistoia Filippo da Pistoia, also called Filippo Fontana or anglicized Philip (died 18 September 1270), was an Italian prelate, military leader and diplomat. He was the Bishop of Ferrara, bishop-elect of Ferrara from 1239 until 1252, Bishop of Florence, bish ...
as papal legate in Lombardy. He became
Cardinal Bishop of Ostia and Velletri The bishop of Ostia is the head of the suburbicarian diocese of Ostia Antica (district), Ostia, one of the seven suburbicarian sees of Diocese of Rome, Rome. Since 1150, the bishop has been the dean of the College of Cardinals, with the actual go ...
on 22 May 1262, whence his name ''Hostiensis''. His health forced him to leave the conclave of 1268-1271, though he remained at Viterbo. He was not present at the compromise election of Tedaldo Visconti on 1 September 1271, after the vacancy in the
Holy See The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome or Apostolic See, is the jurisdiction of the Bishop of Rome A bishop is an ordained, consecrated, or appointed member of the Clergy#Christianity, Christian ...
of two years and nine months. Nonetheless, the other cardinals immediately sought out Cardinal Enrico and obtained his consent to the election. In his room, he wrote his Last Will and Testament on 29 October 1271.


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 The Roman Catholic Archdiocese of Embrun, Hautes-Alpes, Embrun was located in southeastern France, in the mountains of the Maritime Alps, on a route that led from Gap by way of Briançon to Turin. It had as suffragans the Diocese of Digne, Diocese ...
, 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 Feudalism, also known as the feudal system, was the combination of the legal, economic, military, and cultural customs that flourished in Medieval Europe In the history of Europe The history of Europe concerns itself with the disc ...
has also been attributed to him, but without foundation.


Hostiensis on papal ''plenitudo potestatis''

For Hostiensis the law as well as all political authority were derived from God. Because of this all princes “exercised authority by divine mandate.” Civil law was divine because the emperors who created that law were placed in authority by God. Despite this, however, civil law was inferior to canon law. 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. Thus, whenever the pope acted ''de iure'' he acted as God. Therefore, canon law, since it was promulgated by the pope, was established by God.Pennington (1993b), p. 53. This is because canon law was based on the Bible , and God had given his vicar, the pope, the authority to interpret that text. 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. Hostiensis believed that while the pope should follow positive law he was not bound by it.Pennington, ''supra'' f.n. 3, at 59. 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)." For any other violation of law the pope could be judged by no one save God. 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.Pennington, ''supra'' f.n. 3, at 60. 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. Similarly, Hostiensis believed that the pope could grant exemptions even from divine law ("mandates of the Apostles and rules of the Old Testament"), so long as that exemption did not lead to a mortal sin, violate the faith, subvert the faith, or endanger the salvation of souls. The pope had great authority indeed, he could even "change squares into circles. According to Hostiensis the pope was imbued with the authority of the two swords (Lk 22:36-38), interpreted as spiritual and temporal power. 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.” The pope entrusted temporal authority to the emperors but retained the right to reclaim that authority “in virtue of the ‘plenitudo potestatis’ which he possesses as the vicar of Christ.” 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. 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. “This translation of power was first made to the person of Christ who combined the functions of priesthood and kingship, and this sacerdotal and kingly power was then transferred to the popes.”Ullmann, ''supra'' f.n. 16, at 131. Non-Christians were thus subject to Christians but could maintain sovereignty over their lands so long as they recognized the church as superior. 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. His thought played an especially central role in Spanish theories of empire during the age of discovery. Both
Juan Lopez de Palacios Rubios ''Juan'' is a given name, the Spanish language, Spanish and Manx language, Manx versions of ''John (given name), John''. It is very common in Spain and in other Spanish-speaking communities around the world and in the Philippines, and also (pronoun ...
and Fray
Matias de Paz Matias is a form of the given name Matthew. In List of territorial entities where German is an official language, German-speaking Europe it is most often written as Matthias. It appears in this form in Norway, Sweden, Denmark and Finland. Alternate ...
, who were recruited by King Ferdinand of Spain in 1512 to help legitimate Spanish title over the New World, based their justifications of Spanish sovereignty over the New World on Hostiensis’ ideas on papal temporal sovereignty.J.H. Parry, ''The Spanish Theory of Empire in the Sixteenth Century''. London: Cambridge University Press (1940), pp. 12–13.


In literature

He is mentioned in the ''Paradise'' (12.82-85) of
Dante Dante Alighieri (), probably baptized Durante di Alighiero degli Alighieri and often referred to Mononymous person, simply as Dante (, also ; – 14 September 1321), was an Italian Italian poetry, poet, writer and philosopher. His ''Divine Co ...

Dante
's ''
Divine Comedy The ''Divine Comedy'' ( it, Divina Commedia ) is an Italian narrative poem Narrative poetry is a form of poetry Poetry (derived from the Greek language, Greek ''poiesis'', "making") is a form of literature that uses aesthetics, aes ...

Divine Comedy
''.


See also

* Hierocracy (medieval) * ''
Plenitudo potestatis ''Plenitudo potestatis'' (Fullness of Power) was a term employed by medieval canon law of the Catholic Church, canonists to describe the jurisdictional power of the papacy. In the thirteenth century, the canonists used the term ''plenitudo pote ...
''


Notes


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). * Didier, N. (1953) "Henri de Suse: évêque de Sisteron (1244-1250)," in: ''Revue historique de droit français et étranger'' XXXI (1953), pp. 244-270, 409-429. * *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) * * Ullmann, Walter. ''Medieval Papalism: The Political Theories of the Medieval Canonists''. London: Methuen & Co. LTD (1949).


External links


Henricus de Segusio (Hostiensis)
Ken Pennington,
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. * {{DEFAULTSORT:Henry of Segusio 1200s births 1271 deaths
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Italian beatified people 13th-century Italian cardinals Cardinal-bishops of Ostia Bishops of Embrun Bishops of Sisteron Canon law jurists 13th-century venerated Christians 13th-century Italian Roman Catholic bishops People from the Province of Turin 13th-century Italian jurists 13th-century Latin writers Cardinals created by Pope Urban IV 13th-century French Roman Catholic bishops