A Diplomatic Mission of Francis Accursius and His Oration before Pope
Nicholas II
George L. Haskins; Ernst H. Kantorowiez.
The English Historical Review, Vol. 58, No. 232 (Oct., 1943), 424-447.
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Sat Ape 30:05:05:21 2005424 October
A Diplomatic Mission of Francis Accursius
and his Oration before Pope Nicholas III
spite of wide gaps in our information, the career of Francis
Accursius, son of the famous glossator, remains a subject
of great interest. Prominent both as a teacher of law in Bologna
‘and a counsellor in local affairs in Italy,* he attracts much atten-
tion as secretary and adviser to Edward I in England. Such
material as relates to his eight years in the latter country has
‘been summarized elsewhere ; it is not extensive, but it is sufficient.
to assure us of the importance of his position.® Arriving in 1273
by royal invitation, Accursius acted as Edward's secretary until
1281. He attended regularly the meetings of the king’s council
‘and apparently took part in its deliberations. He appears
‘a royal procurator in France on political and judicial missions.
‘There are grounds for supposing he may have taught law at
Oxford. For his services he received an ample salary and other
perquisites, and he was even given a pension on his final return
to Italy.
The influence of Accursius in the routine of the royal ad-
ministration in England, in foreign affairs, and in the shaping
of English law at a formative period are scarcely to be doubted.
It is only to be regretted that for his activities while in the service
of Edward I there is not more available material. Some light,
however, is shed upon an episode in Accursius’ career when he
' For his life in gonerl, see M. Sarti and M. Fattrini, De Claris Archigymnasis
Bononionsis Profesorius (Bologna, 1888-06), i, 199-208; T. Sevigny, Geschichte
‘denromiachen Bucs Mitelalor (Heidelberg, 1850), v, 306-22; se lao bibliography,
id. 306,
"feo Be Davidsohn, GuachicNe won Florens, iv. 2 (Berlin, 1925), pp. 200, 296 ;
Hormann U. Kantorowicr, Albertus Gandinus und dan Strafeeh dor Scholett (Bein,
1907), 1.80 171M, 107 H, 5 idem, im Revita di toria del dito Halo, i (1820),
85M, 198 A, onthe brary of Accursus; cf. Zalueta, Low Quarterly Review, xivi
(1990), 148-60.
1G. L. Haskine, “Three Rnglish Documents Relating to Francis Accursus Law
Quarterly’ Review, liv (1988), 87-4; "Francia Accursin: “A” New Document”,
Speculum, xi (1998), 16-7,
‘A subject which remains tobe investigated and which i suggested by the presence
of Accursus in Bngland, i the aims and interesteof Faard Tin the field of learning
fd education. ‘The king’ relations with Italian men of letors s matter of impor
tance and gret interest. ‘The invitation to Accursiue to come to England is by no
‘means an isolated incident. Edward succeeded also in bringing the Apulian Stefano
4: San Giorgio to the English court, ‘This man was» disciple of the later Capuan
“School of epistolary style and a close friend of many of the intimaten of Petrus de1943 DIPLOMATIC MISSION OF ACOURSIUS 425
‘was in Rome at the special instance of the king by an arenga,
or formal oration, which he delivered before Pope Nicholas IIT
in 1278,
This oration has never been published and is practically
unknown, even though it has not been completely neglected.
Savigny mentions having found it in a manuseript in ‘Turin?
‘Hermann U. Kantorowiez, in his discussion of arengae attributed
to Petrus de Vinea, refers to a copy in a manuscript in Vienna.*
It is also extant in a codex in Berlin ;* and there may be other
‘manuscripts as well which contain this speech. ‘That an address
delivered by a lawyer of Accursius’ distinction has remained
unpublished, although occasionally its publication has been
recommended, may be due to the condition of the text which
is equally corrupt and unsatisfactory in both the manuscripts
which have attracted the attention of legal historians and in
the one which is preserved in Berlin. However, the goneral
obscurity of the text is reduced by the variant readings of the
three copies ; and although more than one sentence still remains
uncertain, and more than one allusion incomprehensible—not
Vinea, He came to England at almost the same time ss Accusiu, and he can be
traced in the English offical records foralmont a decade ; cf. T. F. Tout, Chaplere
fn the Adminiraive History of Mediaeval England, it (Manchester, 1037), 23-4
Calendar of the Patent Rolls, 1272-1281, pp. 61, 70, 148, 208, 242, 295. His corre
spondence withthe king, with English dignitaries and with somo South-[alian fronds
1h preserved in a Paris manwcript willbe published elewhere ; cf Harvard Phelogicat
Review, xxxiv (1041), 134, n. 19. After his departure, thero must have been eome
other Tialian clerk in Edward's chancery of wardrobe, asthe dition of certain groupe
tf ltters is very obviously thet of an Taian dictator; aoe, eg, the letors published
by G. L. Haskins, “The University of Oxford and the “Tus ubique docendi", ane,
Wi (Io4i), 281, 290 f, nos. i and v. ‘That Berard of Naples, the famous diator
tnd papal chancllor,recelved a pension from Edward I (Cal. Pat, Rolls, 1272-121,
Dp. 148, 886) does not imply any near relations, as Berard predeosssor, Richard
of Pol, probably enjoyed a similar privilege; ef P. M. Baumgarten, “Richard von
Posi ein GronsneffeInnocenz IIL’, Neves Archio, xxxvi (1910), 745 £748
'Suvigny, op. cit. v. 300, 320, The Aifteenth-century manuscript, Turin, Bibl
Naz, G1 3, fs. 207-8, jg doeribed by A. Sorbell in G. Maszatint's Inoetari det
‘mancocrt delle bibitecke d'Italia, xxvii (Florence, 1022}, 97, no. 059. Tt containe
letters of Frederick II, Amadeo VIII of Savoy, Emperor Sigmund, and others
also a treatise on the Orimenlavsae maizltie, lectures of Bartols, a treatise De fre
‘mphitatico, Accarsas’ Arenga, and a collection of Arengae super varie diversis
Imateris by Petras de Vivero (sie for Vinea).
1H. U. Kantorowicn, “Uber dio dem Petrus de Vines zugeschrisenen Arenge
Miesangen dea Inatitie far dtereichiche Gtschichforchung, xxx (1000), 659 fo
‘analyues meticulously the manuscript, Vienna, Nationalbibl, las 2257, Potrus do
Vinea's Arengae preede (fos. 60-2) Accursius' oration (fo. 62°).
SCH. Valentin Hose, Die lateniechon Handachrifen der ipl. Stootbibliotek in
Bern i. $ (erin, 1908), 1138, no. 828, who nnalyaes the MS. lat. Fl. 08. On fo
{61 begins an anongmous collection of public speeches, beginning * Arengar dicuntur
‘advocati quta_arengam faciunt ad_commendandam indicem "
Tor, the addres of Accursias, and, on for. 7¥-8%, the Avengue of Petrus do Vinea
1s wel as « trative De moribus advoctoram et exordice era tn caus, » anal of
jndical rhetoric with several models of arengee. All three mancripta soma to be of
‘alien erigin,
‘S00 HU. Kantorowies, oe eit; the reprint mentioned by Sevigny obviously
doesnot exist,