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Benedict Levita (of Mainz), or Benedict the Deacon, is the pseudonym attached to a forged collection of
capitularies A capitulary (Medieval Latin ) was a series of legislative or administrative acts emanating from the Frankish court of the Merovingian and Carolingian dynasties, especially that of Charlemagne, the first emperor of the Romans in the west since the ...
that appeared in the ninth century. The collection belongs to the group of pseudo-Isidorian forgeries that includes the false decretals ascribed to Isidorus Mercator, the so-called Capitula Angilramni, and a series of reworked extracts from the
Council of Chalcedon The Council of Chalcedon (; la, Concilium Chalcedonense), ''Synodos tēs Chalkēdonos'' was the fourth ecumenical council of the Christian Church. It was convoked by the Roman emperor Marcian. The council convened in the city of Chalcedon, Bith ...
.


Author

Benedictus Levita, using what is obviously an assumed name, claims in his prefatory remarks to have been a deacon in the church of
Mainz Mainz () is the capital and largest city of Rhineland-Palatinate, Germany. Mainz is on the left bank of the Rhine, opposite to the place that the Main (river), Main joins the Rhine. Downstream of the confluence, the Rhine flows to the north-we ...
. He says that he assembled his collection from materials he found in the archiepiscopal archives of Mainz, at the command of the late Archbishop
Otgar Otgar, Otger or Odgar is a Germanic masculine given name (from Proto-Germanic *''Audawakraz''). It may refer to: * (fl. 8th century), missionary *Autchar (fl. 8th century), Frankish nobleman * Otgar of Mainz, archbishop (826–847) *, bishop of Ei ...
(d. 847). Though earlier scholars were inclined to believe some of these statements, modern authors agree that Benedict's preface is entirely fictional. Both the subject matter and the sources employed by the forged capitularies show that they were composed in the western part of the
Frankish empire 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 ...
, in the archiepiscopal province of Reims, and not at Mainz. It has long been noted, for example, that several of the forged ''capitula'' attack the chorepiscopate, and ninth-century opposition to chorbishops was particularly strong in the western Carolingian empire. Benedict’s collection was also first used by bishops in the Reims province, and recent work by
Klaus Zechiel-Eckes Klaus Zechiel-Eckes (12 May 1959 in Pforzheim – 23 February 2010 in Cologne) was a German historian and medievalist. Klaus Zechiel-Eckes graduated high school in 1978. From 1979 to 1990 he studied history and Romance and Middle Latin philology i ...
has shown that its compiler likely used the monastic library available at
Corbie Corbie (; nl, Korbei) is a commune of the Somme department in Hauts-de-France in northern France. Geography The small town is situated up river from Amiens, in the département of Somme and is the main town of the canton of Corbie. It lies ...
(in the diocese of
Amiens Amiens (English: or ; ; pcd, Anmien, or ) is a city and commune in northern France, located north of Paris and south-west of Lille. It is the capital of the Somme department in the region of Hauts-de-France. In 2021, the population of ...
) to compile at least some of the forged laws. The date of Benedictus Levita’s capitula has long proved controversial. The prefatory material mentions that Archbishop Otgar of Mainz has died; the preface must thus postdate 847 (Otgar died 21 April, 847). Earlier scholars applied this
terminus post quem ''Terminus post quem'' ("limit after which", sometimes abbreviated to TPQ) and ''terminus ante quem'' ("limit before which", abbreviated to TAQ) specify the known limits of dating for events or items.. A ''terminus post quem'' is the earliest da ...
to the entire complex of Pseudo-Isidorian forgeries, though modern authors are more inclined to see at least some of the forgeries introduced by the preface as an earlier phenomenon, extending back to at least the later 830s. The relationship between Benedictus Levita and the other Pseudo-Isidorian forgeries has also long been a matter of discussion. By and large, the forged decretals of Pseudo-Isidore appear to postdate Benedictus Levita, and even seem to use some of the forged capitula as a source. This relationship is reversed, however, in the final section of Benedictus Levita, where the capitula appear to use Pseudo-Isidore's false decretals as a source. But the way in which Benedictus Levita uses these decretals shows that the Pseudo-Isidorian collection had not yet reached its completed form.


Content and inspiration

The author represents his collection as the continuation and completion of the collection of genuine capitularies in four books, "Capitularia regum Francorum", produced in 827 by
Ansegisus Saint Ansegisus (c. 770 – 20 July 833 or 834) was a monastic reformer of the Franks. Born about 770, of noble parentage, at the age of eighteen he entered the monastery of Fontenelle (also called St Wandrille after the name of its founder ...
, Abbot of
Fontanelle A fontanelle (or fontanel) (colloquially, soft spot) is an anatomical feature of the infant human skull comprising soft membranous gaps ( sutures) between the cranial bones that make up the calvaria of a fetus or an infant. Fontanelles allow f ...
. He divides it into three books which he designates as "liber quintus", "sextus", and "septimus". Three other writings precede the first book; a prologue in verse, a preface in prose which treats of the origin and contents of the collection, and the aforesaid metrical panegyric on the rulers of the Carolingian line; beginning with Pepin and Carloman and ending with the sons of
Louis the Pious Louis the Pious (german: Ludwig der Fromme; french: Louis le Pieux; 16 April 778 – 20 June 840), also called the Fair, and the Debonaire, was King of the Franks and co-emperor with his father, Charlemagne, from 813. He was also King of Aqui ...
. Four supplementary writings (''additamenta'') are annexed to the last book; (I) The Aachen capitulary of 817 concerning the monasteries; (II) the report of the bishops (August, 829) to the Emperor Louis the Pious; (III) a few genuine capitularies and a large number of forged ones, just as in the main body of the collection; (IV) a large number (170) of extracts taken from various sources, among which are also forgeries of the Pseudo-Isidore. The work of Abbot Ansegisus was taken as a model for the collection. As to the sources of the collection, about one-fourth of it consists of genuine
capitularies A capitulary (Medieval Latin ) was a series of legislative or administrative acts emanating from the Frankish court of the Merovingian and Carolingian dynasties, especially that of Charlemagne, the first emperor of the Romans in the west since the ...
(a certain kind of royal decrees customary in the Frankish Empire); in fact, the genuine materials used by the author surpass sometimes those used by Ansegisus. Most of the pretended capitularies are, however, not genuine. Among the genuine sources, from which the larger portion of them are drawn, are: the Holy Scriptures; the decrees of councils; papal decrees; the collection of Irish canons; the
Pandects The ''Digest'', also known as the Pandects ( la, Digesta seu Pandectae, adapted from grc, πανδέκτης , "all-containing"), is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine e ...
of
Justinian I Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovat ...
; the
Codex Theodosianus The ''Codex Theodosianus'' (Eng. Theodosian Code) was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Emperor Theodosius II and his co-emperor Valentinian III on 26 March 429 a ...
; the "leges Visigothorum" and "Baiuwariorum"; the
Breviary of Alaric The ''Breviary of Alaric'' (''Breviarium Alaricianum'' or ''Lex Romana Visigothorum'') is a collection of Roman law, compiled by unknown writers and approved by referendary Anianus on the order of Alaric II, King of the Visigoths, with the a ...
; ecclesiastical
penitential A penitential is a book or set of church rules concerning the Christianity, Christian sacrament of penance, a "new manner of reconciliation with God in Christianity, God" that was first developed by Celtic monks in Ireland in the sixth century A ...
s; the writings of the
Church Fathers The Church Fathers, Early Church Fathers, Christian Fathers, or Fathers of the Church were ancient and influential Christian theologians and writers who established the intellectual and doctrinal foundations of Christianity. The historical per ...
, and letters of bishops. He repeats himself frequently; a number of chapters are duplicated literally or nearly word for word. The chief aim of the forger was to enable the Church to maintain its independence in face of the assaults of the secular power. The author stands for the contemporary movement in favour of ecclesiastical reform, and in opposition to the rule of the Church by the laity.


Modern editions

The first two editions (
Jan Tilius Jan, JaN or JAN may refer to: Acronyms * Jackson, Mississippi (Amtrak station), US, Amtrak station code JAN * Jackson-Evers International Airport, Mississippi, US, IATA code * Jabhat al-Nusra (JaN), a Syrian militant group * Japanese Article Numb ...
, Paris, 1548, and
Pierre Pithou Pierre Pithou (1 November 1539 – 1 November 1596) was a French lawyer and scholar. He is also known as Petrus Pithoeus. Life He was born at Troyes. From childhood he loved literature, and his father Pierre encouraged this interest. Young P ...
, Paris, 1588) are incomplete. The collection is found complete in
Étienne Baluze Étienne Baluze (24 November 1630 – 28 July 1718) was a French scholar and historiographer, also known as Stephanus Baluzius. Biography Born in Tulle, he was educated at his native town, at the Jesuit college, where he studied the Arts. He ...
, ''Capitularia regum Francorum'' (Paris, 1677), I, col. 801-1232, and in Pertz, ''
Monumenta Germaniae Historica The ''Monumenta Germaniae Historica'' (''MGH'') is a comprehensive series of carefully edited and published primary sources, both chronicle and archival, for the study of Northwestern and Central European history from the end of the Roman Empire ...
: Leges'', II (Hanover, 1837), 2, 39-158 (cf.
Jacques Paul Migne Jacques Paul Migne (; 25 October 1800 – 24 October 1875) was a French priest who published inexpensive and widely distributed editions of theological works, encyclopedias, and the texts of the Church Fathers, with the goal of providing a ...
, ''
Patrologia Latina The ''Patrologia Latina'' (Latin for ''The Latin Patrology'') is an enormous collection of the writings of the Church Fathers and other ecclesiastical writers published by Jacques-Paul Migne between 1841 and 1855, with indices published between ...
'', XCVII, col. 699-912). G. Schmitz is preparing a new edition for the ''Monumenta Germaniae Historica'').


Attribution


External links

*
Digital edition of the ''False Capitularies of Benedictus Levita''
including the complete 1677 Beluze edition as digital scans, a definitive revised edition based upon all existing original manuscripts in preparation {{Authority control Forgers