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 FORMULARIES

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FORMULARIES

many more in the nineteenth century, especially by two savants who compiled collections of them: (1) Eugene de Roziere, "Recueil general des fornuiles usitees dans 1 'empire des Francs du cinquieme au dixieme siecle" (3 vols., Paris, 1859-71). He groups these early medieval formulae under five principal heads: "Formulae ad jus publicum, ad jus privatum, ad judiciorura ordinem, ad jus canonicum, et ad ritus ecclesiasticos spectantes". And he follows up this arrangement by a very complete set of tables of con- cordance. (2) Karl Zeumer, " Formulae Merovingici et Karolini xxi" (Hanover, 1886) in "Mon. Germ. Hist.: Leg.", V; he reproduces the formulae in the work and gives a more complete study than de Roziere. In his pages will be found a complete bib- liography of all written on the subject before that time; or Chevalier, "Topo-Bibl.", may be consulted under the word "Formules".

Some brief observations will here suffice on the formulie used between the sixth and the ninth cen- turies in the various barbarian kingdoms.

(1) The Ostrogoths. — Cassiodorus, secretary and afterwards prime minister of King Theodoric, included in his "Variarum (epistolarum) libri XII", particu- larly in books six and seven, and, as he says, for the guidance of his successors, a great number of acta and letters drawn up by him for his royal master. It is a genuine formulary, though standing apart by itself. This collection dates from before 538 (P. L., LXIX). The Servite Canciani took ninety-two of these for- mulae of Cassiodorus and included them in his "Bar- barorum leges antiquse" (Venice, 1781, I, 19-56).

(2) The Visigoths. — "Formula Visigothicae ", a col- lection of the forty-six formulae made under King Sise- but (612-621). The king's name occurs twice in the curious formula xx, a dowry settlement in hexameter verse. Roman and Gothic law are followed either separately or together, according to the nationality of the covenanters. This collection was published in 1854 by de Roziere from a Madrid MS., which was copied in turn from an Oviedo MS. of the twelfth century, now lost.

(3) The Franks. — Their formularies are immerous: (a) "Formula Andecavenses ", a collection made at Angers, consisting of sixty formul;e for private acta, some of them dating from the sixth century, but the greater number from the early part of the seventh ; the last three of the collection belong to the end of the seventh century. They were first edited in 1685 by Mabillon from an eighth-century manuscript pre- served at Fulda. — (b) "Formulae Arvernenses" (also known as " Baluzianse ' ', from Baluze, their first editor, ■who issued the works in 1713), a collection of eight formulae of private acta made at Clermont in Auvergne during the eighth century. The first of them is dated from the consulate of Honorius and Theodosius (407- 422). — (c) "Marculfi monachi formularum libri duo", the most important of these collections, and dedicated by its author to a Bishop Landri, doubtless identical with the Bishop of Paris (G50-656). The first book contains thirty-seven formulae of royal documents; the second, carta! pagenses, or private acta, to the number of fifty-two. The work, which was well done, was very favourably received, and became popular as an official textbook, if not in the time of the mayors of the palace, at least under the early Carlovingians. During the reign of Charlemagne it received a few additions, and was re-arranged under the title " For- mulae Marculfina; a'vi Karolmi". Zeumer edited six fonnula> closely related to this collection. — (d) " Formula' Turoneii.sos", also known as "Sirmondicie" (Baluze edited them mider this title because they had been discovered by Pere Sirmond in a Langres manu- script). This collection, made at Tours, contains forty-five formulae, two of which are royal documents, ma^iy being judicial decisions, and the remainder pri- vate acta. It seems to belong to the middle of the

eighth century. Zeumer added to the list twelve other formulae taken from various manuscripts. — (e) " FormuliE Biturieenses ", a name given to nineteen formula taken from different collections, but all drafted at Bourges; they date from 720 to the close of the eighth century. Zeumer added to them twelve formulae taken from the Abbey of Saint-Pierre de Vierzon. — (f) "Formula Senonenses", two distinct collections, both of which were made at Sens, and preserved in the same ninth-century manuscript. The first, "Cartae Sezionicae", dates from before 775, and contains fifty-one formulae, of which seven are for royal documents, two are letters to the king, and forty-two are private charters. Zeumer added six Merovingian formulae. The second collection, " Formulae Senonen- ses recentiores ", dates from the reign of Louis the Pious, and contains eighteen formula', of which seven deal with judicial acts. Zeumer added five metrical formulae, and two Merovingian formulae written in Tironian notes. — (g) "Formulie Pithoei". In a manu- script loaned by Pithou to Du Cange for his "Glos- sarium" of medieval Latin there was a rich collection of at least one hundred and eight formulae, drawn up originally in territory governed by Salic law. This manuscript has disappeared. Under the above head- ing Zeumer has collected the various quotations made by Du Cange from this formulary. — (h) "Formulae Salicae Bignonianje ' ', so called from the name of their first editor, Bignon. It contains twenty-seven for- mula', one of which is for a royal decree ; they were collected in a covmtry subject to Salic law, about the year 770. — (i) "Formulae Salicae Merkehans", so called from the name of their editor, Merkel (about 1850), a collection of sixty-six formulae taken from a Vatican manuscript; they were not brought to com- pletion until after 817. The first part (1-30) consists of formulae for private acta, modelled on " Marculf ' ' and the "Formulae Turonenses"; the second part (31-42) follows the " FormuUe Bignonianae " ; the third (43-45) contains three formuliB drawn up in some abbey ; the fourth (46-66) has formulae dating from the close of the eighth century and probably compiled in some episcopal town. Two formuUt of decrees of the bishops of Paris were discovered by Zeumer in the same manu- script. — (k) "Formula Sahcae Lindenbrogianae ", so called from the name of their first editor, Friedrich Lindenbrog, a Frankfort lawyer (1613) who edited them together with other documents. The collection contains twenty-one formulae of private acta, drawn up in Salic law territory. Four others were added by Zeumer. — (1) "Formulae Imperiales e curia Ludovici Pii", also known as " Carpenteriana; " from Carpentier who first edited them in his "Alphabetum Tironian- um" (Paris, 1747). This is an important collection of fifty-five formulae, drawn up after the fashion of the charters of Louis the Pious at the Abbey of St. Martin of Tours, between 828 and 832. The manuscript is written mainly in Tironian notes. This collection was used by the Carlovingian chancery of the ninth cen- tury. Zeumer has added to the list two formulae. — (m) "CoUectio Flaviniensis", one hundred and seven- teen formulae compiled at the Abbey of Flavigny in the ninth century; of these, ten only are not to be met with elsewhere. — (n) "Formula; coUectionis Sancti Dionysii", a collection of twenty-five formulae made at the Abbey of St-Denys under Charlemagne; for the most part it is taken from the archives of the abbey. — (o) "Formulae codicis Laudunensis", a Laon manu- script containing seventeen formulae, of which the first five were drawn up at the Abbey of St-Bavon in Ghent, and the remainder at Laon.

(4) The Alamaiwi. — The most important of their forinulsK are: (a) " FormuL'B Alsatica;", under which name we have two collections, one made at the Abbey of Murbach (Formulie Morbacenses) at the end of the eighth century and preserved in a manuscript of St. ( iail, containing twenty-seven formulae, one of which ia