Proving Woman (35 page)

⁵⁶
Vauchez,
Sainthood
, p. 50 n. 70.

⁵⁷
On notaries and legal forms, see Toynbee,
S. Louis of Toulouse
, pp. 187–88.

⁵⁸
Gui,
Practica
bk. 5, prologue, p. 236; cf. the treatise by the Franciscan David of Augsburg (d. 1271)
Tractatus de haeresi
E. Mart[egrave]ne and U. Durand (Paris: Lutetia, 1717; reprint, New York: Burt Franklin, 1968), vol. 5, col. 1791. See Dondaine,
“Le manuale,” pp. 104–5.

⁵⁹
Mabillon, pp. 419–20; cf. Schimmelpfennig, p. 168; Hostiensis,
Commentaria
ad X.3.45.1, no. 5, p. 172a.

⁶⁰
Louis Carolus-Barré, ed., “Consultation du Cardinal Pietro Colonna sur le IIe miracle de Saint Louis,”
Biblioth[egrave]que de l
’
Ecole des Chartes
117 (1959): 57–72. Kleinberg analyzes this proof in “Proving Sanctity,” pp. 201–2.

⁶¹
This document has been edited by Vauchez in the appendix of his
Sainthood
, pp. 540–58. While Vauchez posits that this analysis was the summary read before the consistory, Kleinberg argues that this
was an introduction to the miracles (“Proving Sanctity,” pp. 203–5). On the rise of medical expertise and scientific reasoning
in assessing miracles, see Francis Antonelli,
De
inquisitione medicolegali super miraculis in causis beati
fi
cationis et canonizationis
(Rome: Pontificium Athenaeum Antonianum, 1962), pp. 22–30. Antonelli notes that at the time of the inquest, recipients of
miracles are also enjoined to be examined by a doctor (p. 25). Also see Gaetani’s short account of the consistory’s discussion
of miracles with respect to Thomas of Cantilupe (Schimmelpfennig, no. 3, p. 164).

⁶²
Bollandists, ed., “Proc[egrave]s-verbal du dernier consistoire secret préparatoire [agrave] la canonisation,” in “S. Pierre
Célestin et ses premiers biographes,”
AB
16 (1897): 475–87.

⁶³
Schimmelpfennig, p. 168.

⁶⁴
Gaetani reports that Clement’s attestation occurred at the Council of Vienne (1311). The final consistory occurred after
the return to Avignon (ibid., p. 168).

⁶⁵
Bollandists, “Proc[egrave]s-verbal,” p. 475; see Schimmelpfennig, p. 168.

⁶⁶
Bollandists, “Proc[egrave]s-verbal,” p. 476.

⁶⁷
See the second miracle before the accession to the papacy, ibid., pp. 478–79, 479 n. 1.

⁶⁸
Schimmelpfennig, p. 168; cf. his directives on the secret consistory (Mabillon, pp. 419–20).

⁶⁹
Bollandists, “Proc[egrave]s-verbal,” p. 477 and n. 1.

⁷⁰
Mitri,
De
fi
gura juridica
, pp. 46–47.

⁷¹
Hostiensis,
Commentaria
ad X.3.45.1, nos. 7–10, p. 172a; cf. Innocent IV,
Commentaria
X.3.45.1, no. 3, fol. 457r.

⁷²
This occurs at the dress rehearsal for the public consistory and the public consistory itself, discussed below (Schimmelpfennig,
pp. 169, 170). Indeed, in the case of Thomas of Cantilupe, papal prerogative receives even greater emphasis since John XXII
dramatically postponed his response to the cardinals’ supplication until the next day (ibid., p. 166).

⁷³
Mandatory collaboration with the episcopacy needed constant reiteration. See, for example, the papal commission of 1306 authorizing
two Franciscan friars as inquisitors, but threatening them with suspension if they operated without the cooperation of the
bishop (see Douais,
Documents
pour servir l
’
inquisition
, 2:311). Also see the Clementine reforms and resistance, discussed above. With regard to the Guglielmites, no mention is
made of the episcopal authority in the inquisitors’ preamble to the trials. Though the one remaining sentence is given at
the bishop’s palace in the presence of the learned, it is nevertheless clear that the trials were conducted by the inquisitors
alone (
Processi . . . Guglielma
, pp. 52, 202–4; cf. Lea,
Inquisition
, 3:101).

⁷⁴
The learned do make recommendations: for instance, they suggest that torture be applied to Julianus Saglimbene (bursarius),
and if he still does not confess, that he be executed as a relapsed heretic (
Acta S. Of
fi
cii Bononie: ab anno 1291 usque ad annum 1310
, ed. Lorenzo Paolini and Raniero Orioli, Fonti per le storia d’Italia, no. 106 [Rome: Istituto storico italiano per il medio
evo, 1982–84]: 2:600–601). But such opinions probably ratified the inquisitors’ views. Paolini considers that the counselors’
advice was limited to juridical and procedural matters, not restraining the actions of the inquisitors yet providing a safeguard
(
L
’
Eresia a Bologna
, 1:28–29). Gui requires that a summary be made of each individual’s faults, with extracts of their testimony, for the consideration
of these authorities (Gui,
Practica
3.1, p. 83). But Lea argues that this seldom occurred since the necessary brevity of such an assembly was unequal to the immense
number of cases (
Inquisition
, 1:387–90). Douais takes a more optimistic view of their function, though his examples tend to ratify the inquisitors’ judgments
(“La formule communicatio,” p. 159).

⁷⁵
Schimmelpfennig, p. 169; Mabillon, pp. 421–22. Gaetani does not mention the procurator in the case of Peter of Morrone.

⁷⁶
In addition to the cardinals’ genuflection, the pope also had the various dignitaries and cardinals kiss his foot and hand
when they made their respective offerings (Peter Amelius, in
Ordo Romanus
,
Museum Italicum
c. 153, 2:536).

⁷⁷
Mabillon, pp. 422–24; Schimmelpfennig, p. 173. Gaetani concludes with the revelation that he himself was the cardinal deacon
who administered to the pope on his right side during this ceremony.

⁷⁸
Amelius, in
Ordo Romanus
,
Museum Italicum
c. 153, 2:536.

⁷⁹
Gui,
Practica
3.1, pp. 83–84. Secular officials are also sworn in at the beginning of this stage of the proceedings, clearly indicating,
to Gui’s mind, a movement toward the secular arm’s punitive function. Regarding sentencing, also see Paolini,
De of
fi
cio inquisitionis
, 2:138–43, and
Doctrina
de modo procedendi contra hereticos
, col. 1796. Cf. Lea,
Inquisition
, 1:391–93.

⁸⁰
Gui,
Practica
3.1, pp. 84–86. Note that the person who has never confessed has already been subjected to a three-year imprisonment (ibid.
5.7.13, p. 302). The Council of Narbonne of 1243 had ruled that the unconfessed could be incriminated by witnesses alone (Mansi,
vol. 23, col. 363, c. 26).

⁸¹
Caesarius of Heisterbach,
Sermo de translacione beate Elyzabeth
, in “Des Cäsarius von Heisterbach Schriften über die hl. Elisabeth von Thüringen,” ed. Albert Huyskens,
Annalen des
historischen Vereins fu
ï
r den Niederrhein
86 (1908): 56–57. The anonymous life of Elisabeth asserts that Frederick, along with his heir Conrad, came straight from his
victory over his seditious son, Henry (see Diodorus Henniges, ed., “Vita S. Elisabeth, Langraviae Thuringiae,”
AFH
2 [1909]: 267). Also see David Abulafia,
Frederick II: A Medieval Emperor
(New York: Oxford University Press, 1988), pp. 247–48.

⁸²
Albert Huyskens, ed.,
Der sog. Libellus de dictis quatuor ancillarum s. Elisabeth confectus
(Kempten and Munich: Jos. Koïsel’schen, 1911), pp. 82–83. The section regarding the translation is a later addition to the
original text.

⁸³
Pelhisson,
Chronique
ann. 1231, pp. 42–45 (bis); ann. 1234, pp. 56–57; ann. 1235, pp. 68–69; ann. 1236, pp. 96–97, 98–99, 108–9. On sentences against
the dead, see Given,
Inquisition
and Medieval Society
, p. 75; Lea,
Inquisition
, 1:448–49, 553.

⁸⁴
Henry of Langenstein,
Secreta sacerdotum magistri Henrici de Hassia. Que sibi placent vel
displicent in missa
(Augsburg: Johannes Froschauer, 1503), ad incipit
Etiam tacere nequeo
(no pagination or chapter numbers).

⁸⁵
Aquinas, quodlib. 9, q. 8,
Opera omnia: Quaestiones de quolibet
, ed. Ordo Fratrum Praedicatorum (Rome: Commissio Leonina, 1996), 25,1:118.

⁸⁶
William of Puylaurens,
Chronique
ann. 1246–47, c. 45, pp. 180–81.

⁸⁷
The bull commissioning the inquest also refers to some kind of preliminary examination already undertaken by the pope’s appointee,
the bishop of Lode`ve. It is printed in Cl. Devic et J. Vaiss[egrave]te,
Histoire g
è
n
è
rale de Languedoc
(Toulouse: Privat, 1879), no. 403, 8:1236–38 (see esp. 1236–37). Also see ibid., no. 37, 7:108–10. The inquest took place
on 12–24 July. William of Puylaurens assisted. The count designated Raimond d’Alfara as his procurator in his absence, an
unfortunate choice since this person, bastard son of Raymond V, had been involved in the murder of the inquisitors of Avignonet.
The last procurator may well have been William of Puylaurens himself. See Lea,
Inquisition
, 1:188–89.

⁸⁸
Raymond had already negotiated with the then king, Philip Augustus, to have the penalty of disinheritance lifted; this was
conceded to him but not to his heirs (William of Puylaurens,
Chronique
ann. 1228–29, c. 37, pp. 134–35; Lea,
Inquisition
, 1:188). Raymond VI’s skull was still on display at the end of the seventeenth century (ibid., 1:189). For the canonistic
sanctions surrounding the Christian burial of excommunicates, heretics, and those attempting to secure a burial for a known
heretic or sympathizer, see Antoine Bernard,
La S
è
pulture en droit canonique
(Paris: Editions DomanMontcrestien, 1933), pp. 125–32. In addition to the devastating financial blow, there was considerable
stigma attached to having the body of a relative exhumed and burned. See, for example, the testimony of the Bolognese Bompetrus
who concealed the fact that his father had received the
consolamentum
for shame lest they burn his bones (Paolini and Orioli,
Acta
, 1:44). On the outrage inspired by such burnings, see n. 204, below.

⁸⁹
Other parallels with the Virgin include the fact that both their mothers had three husbands, Joseph’s and Ser Benedetto’s
both being much older than their wives, the ease with which each husband consented to chastity, the similarity of stature
and complexion of the two woman, etc. (Peter of Luca,
Narrativa della Vite, e Morte della Beata Elena Duglioli dall
’
Oglio
, MS Gozzadini, 292, Bibliotheca Archiganasio, Bologna, fols. 4v, 6r–v, 11v–12r). The life is an avowed appeal for her canonization.
It opens with a summary of her virtues and the miracles worked upon her and through her, clearly a preliminary effort to draw
up a set of articles of interrogation. Elena’s will of 14 April 1517 has also been preserved. It discusses her past endowment
of a chapel for the group of canons regular to which Peter belonged and bequeaths her house to them after her death (
Testamento della Beata Elena
fi
glia del quidem ser Siverio da duglido cittadino, e
tesaro di Bologna, vedova e moglie del gi[agrave] ser
’
Benedetto dall
’
Olio cittadino pure, et nat. di
Bologna
, B. 374, Bibliotheca Archiganasio, Bologna). On the sources for Elena’s life, see Giovambattista Melloni,
Atti o memorie degli uomini illustri in santit[agrave] nati, o morti in Bologna
(Bolo-Lelio della volpe, 1773), 3:301–5. Also see Gabrielle Zarri,
Le sante vive: cultura e religiosita`
femminile nella prima eta` moderna
(Turin: Rosenberg and Sellier, 1990), pp. 165–96.

⁹⁰
Peter of Luca,
Narrativa
, fols. 4r, 11r.

⁹¹
Ibid., fol. 4r. On the dismemberment of holy bodies, see chap. 2, pp. 71–72, above.

⁹²
Ibid., fol. 5r.

⁹³
Ibid., fol. 15r; cf. 3r. Also see Peter’s second treatise in the manuscript, which deals exclusively with Elena’s heart,
the manner in which it was exchanged, and the meaning,
Del Cuore S.
Helena vergine
, fols. 21r–24v. Further mention of a doctor was made when milk miraculously poured from her breasts after her death (fol.
13v).

⁹⁴
Peter of Luca,
Narrativa
, fols. 5v, 14r–v.

⁹⁵
Ibid., fol. 5v.

⁹⁶
Ibid., fols. 13r, 5v; idem,
Del Cuore
, fol. 23v.

⁹⁷
Peter of Luca,
Narrativa
, fols. 3r, 13v–14r. Note that Peter perceives Elena’s milk as an apocalyptic sign (fol. 4r).

⁹⁸
On the chapel, see ibid., fol. 3r; idem,
Del Cuore
, fol. 24v; Zarri,
Le sante vive
, pp. 181–82. Her special affinity with Cecilia was due to her spiritual marriage (ibid., pp. 171, 174, 175). On Cecilia as
the paradigm of chaste unions, see Dyan Elliott,
Spiritual Marriage: Sexual Abstinence
in Medieval Wedlock
(Princeton, N.J.: Princeton University Press, 1993), pp. 64–65, 208–9.

⁹⁹
Leandro Alberti,
Historie de Bologna divise in cinque Deche (1253
–
1543)
ann. 1520, vol. 4, fol. 155v (359 of the continuous numbering), Biblioteca Universitaria da Bologna, MS ital. 204 (97). Alberti
was the Dominican doctor in question. See Zarri,
Le sante vive
, pp. 183–84.

¹⁰⁰
For detailed testimonies, see Enrico Menesto`, ed.,
Il processo di canonizzazione di Chiara
da Montefalco
(Regione dell’Umbria: La Nuova Italia, 1984), Sr. Johanna, witness 1, ad art. 159, pp. 85–87; Sr. Marina, witness 38, ad art.
159, pp. 153–54; Sr. Francescha, witness 67, ad art. 159, p. 339. (This is a different Francescha from the nun who performed
the surgery, the latter being dead at the time of the inquest.) Katherine Park situates Clare’s case in the wider context
of the rise of autopsies in “The Criminal and Saintly Body: Autopsy and Dissection in Renaissance Italy,”
Renaissance Quarterly
47 (1994): 1–33; also see Marie-Christine Pouchelle,
The Body and
Surgery in the Middle Ages
, trans. Rosemary Morris (New Brunswick, N.J.: Rutgers University Press, 1990), pp. 83–86. Cf. Margaret of Citt[agrave]di
Castello (d. 1320) in whose heart were discovered three little globes, each possessed of a diminutive image of a member of
the holy family, along with Margaret herself—depicted as kneeling in front of Joseph. Margaret had claimed to bear a treasure
in her heart. See “Vita beatae Margaritae virginis de civitate Castelli” c. 8, ed. A. Poncelet,
AB
19 (1900): 27–28. Margaret of Faenza (d. 1330) also experienced the wounds of the passionduring her lifetime (see Petrus Florentinus’s
contemporary life,
AA SS
, May, 5:849). Later accounts suggest that these wounds were visible after her death (see Gian Domenico Gordini’s entry in
BS
, 8:774).
BS