Marriage on Trial Studies in Medieval and Early Modern Canon Law Kenneth Pennington, General Editor Editorial Advisory Board Uta-Renate Blumenthal, The Catholic University of America Giles Constable, Institute for Advanced Study Richard Helmholz, University of Chicago John E. Lynch, The Catholic University of America Robert Somerville, Columbia University Brian Tierney, Cornell University Studies in Medieval and Early Modern Canon Law VoLUME 10 Marriage on Trial Late Medieval German Couples at the Papal Court Ludwig Schmugge Translated by Atria A. Larson The Catholic University of America Press Washington, D.C. originally published in German as Ehen vor Gericht: Paare der Renaissance vor dem Papst © Berlin University Press, 2008. Copyright © 2012 The Catholic University of America Press All rights reserved The paper used in this publication meets the minimum requirements of American National Standards for Information Science—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. ∞ Library of Congress Cataloging-in-Publication Data Schmugge, Ludwig. [Ehen vor Gericht. English] Marriage on trial : late medieval German couples at the papal court / Ludwig Schmugge ; translated by Atria A. Larson. p. cm. — (Studies in medieval and early modern canon law ; v. 10) Includes bibliographical references and index. ISBN 978-0-8132-2017-8 (cloth : alk. paper) 1. Marriage (Canon law)—History—16th century. 2. Papal courts—History —16th century. 3. Marriage customs and rites—History— 16th century. I. Larson, Atria A. II. Title. HQ1051.S3613 2013 346.01’6—dc23 2012030750 Contents List of Illustrations vii Translator's Acknowledgments ix Preface to the English Translation xi Acknowledgements for the German Edition xvii List of Abbreviations xix Introduction 1 1. The Treasures of the Papal Pardon office 4 2. Marriage Law in the Supplications 55 3. Stories from the Roman Supplications 99 4. Marriage Processes in German Courts 250 5. Conclusion 337 Appendix: Fees and Composition Payments for 353 Marriage Dispensations Select Bibliography 355 Index of Manuscripts 369 Index of Legal Citations 371 General Index 379 List of Illustrations Tables 1. Forms of Signatures for Marital Dispensations 15 2. Average Composition Payments in the Chancery and Penitentiary 49 3. Supplications in the Penitentiary from the German Bishoprics 334 A1. Fees for Marriage Dispensations, c.1450–1513 353 A2. Costs for Compositions under Pope Paul II (1464–1471) 354 Graphs 1. Number of Supplications about Marriage Issues per Year, 1455–1492 and 1500 11 2. Number of Marriage Supplications per Bishopric 12 3. Frequency of Marital Impediments from Sponsorship at Baptisms and Confirmations 73 4. Cases involving an Impediment of Kinship 78 5. Distribution of Marital Impediments 79 6. Distribution of Biological Kinship by Diocese 79 7. Legitimization of Children 89 8. Legitimization of Children by Diocese 89 9. Public and Clandestine Contraction of Marriage 93 10. Clandestine and Public Marriages by Diocese 93 11. Involvement of Diocesan Courts 114 12. References to Diocesan Courts 115 13. Penitentiary Supplications from the Bishopric of Constance 259 vii viii Illustrations 14. Penitentiary Supplications from Chur 289 15. Dispensations for the Continuation of Marriages Despite an Impediment 349 Figures 1. A pope sits in judgment over a couple kneeling before him xxii 2. Littera ecclesiae issued by the German minor penitentiary, Johannes Calp, for a pilgrim from the Skara bishopric in Sweden 7 3. The seal of the major penitentiary with the inscription Sigillum officii sacre penitentiarie apostolice 8 4. original supplication for a dispensation from the fourth degree of consanguinity of a Swedish couple 25 5. The vicar general of Bishop Hermann of Constance grants Eberhard of Wurttemberg and Elisabeth of Brandenburg absolution and dispensation for their marriage contracted in the knowledge of their consanguinity in the third degree 52 6. Section of a page from Pope Calixtus III’s register of supplications 119 7. Pope Paul II frees Guta von Wertheim from her profession in the monastery of Königsfeld, which she had made under force 196 8. Littera from the major penitentiary, Philippus, to the bishop of Chur granting absolution and dispensation for Guta von Wertheim 197 9. Mandate to Bishop Hermann von Konstance to carry out Paul II’s bull for Guta von Wertheim 199 10. Expert opinion of Dr. Baldasar Mansfelt from Munich in a case of impotence 224 11. Dispensation of the papal legate, Cardinal Besarion, for Ulrich von Württemberg and Margarete von Savoyen for a marriage unknowingly contracted in the third degree of relations 238 12. Beginning of the case of Schmid, Tanner 270 13. Case of Hoffstetter, Remishueberin 271 14. Heinrich Hofstetter’s statement 273 15. Record of the testimony of Ellina Tannerin 274 16. Record of Johannes Inhelder’s statement 276 17. Statement of Johannes Inhelder in the vernacular 276 Translator’s Acknowledgments For a person who usually translates texts written by men who have been in their graves for hundreds of years, it was a genuine pleasure and enlightening experience to translate a text by a living author. Whether in his home country, Switzerland, or in his home away from home, Rome, Professor Schmugge was always just an email away, and, despite suffering an unfortunate illness and fac- ing difficult days of rehabilitation during the time when I translat- ed his Ehen vor Gericht, he was always quick to respond and eager to stay involved in the process. He also read a draft of my translation in its entirety. I am most thankful to him for his tireless efforts. I hope that my translation does justice to his fascinating book and succeeds in making the immense amount of scholarship reflected in it avail- able to English speakers and readers. Two other distinguished scholars of medieval canon law also de- serve recognition. Stanley Chodorow read a complete draft of the translation, and his notes and emendations enabled me to produce a final text that reads in English far better than it would have oth- erwise. Wolfgang Müller, a native German who has now resided in the United States for many years and whose English vocabulary far surpasses my own, devoted many hours to this project. Because of his facility in both German and English and his work alongside Pro- fessor Schmugge in the records of the papal penitentiary, he was uniquely suited to answer my questions and resolve my uncertain- ties about the text. His linguistic and scholarly input was invaluable. ix