The ''De divortio Lotharii regis et Theutbergae reginae'' ("On the divorce of King Lothar and Queen Theutberga") is an extended mid ninth-century

treatise A treatise is a Formality, formal and systematic written discourse on some subject concerned with investigating or exposing the main principles of the subject and its conclusions."mwod:treatise, Treatise." Merriam-Webster Online Dictionary. Acc ...

written by

Hincmar, Archbishop of Reims Hincmar (; ; ; 806 – 21 December 882), archbishop of Reims, was a Frankish jurist and theologian, as well as the friend, advisor and propagandist of Charles the Bald. He belonged to a noble family of northern Francia. Biography Early life Hincm ...

(d. 882), which survives in a single manuscript, Paris BnF. lat. 2866. The front few pages of this manuscript have been lost, and so this is an assumed title. It explores the issues arising from the attempt by Lothar II, king of Lotharingia (855–869), to rid himself of his wife

Teutberga Teutberga (also spelled Theutberga; died 875) was a Frankish noblewoman and queen consort of Lothair II of Lotharingia. A member of the Bosonid dynasty, she became the central figure in one of the most politically charged marriage disputes of th ...

and replace her with his

concubine Concubinage is an interpersonal relationship, interpersonal and Intimate relationship, sexual relationship between two people in which the couple does not want to, or cannot, enter into a full marriage. Concubinage and marriage are often regarde ...

Waldrada Waldrada or Walderada (French ''Waldrade'', Italian ''Gualdrada'') is a feminine given name A given name (also known as a forename or first name) is the part of a personal name quoted in that identifies a person, potentially with a middle n ...

. Hincmar is primarily concerned with defining what marriage is and how (or if) it may be ended, and with the duties of bishops and of kings. However, in the course of discussing these questions, he touches on many other issues too, and gives much detail on ninth-century politics and religious practice in

Francia The Kingdom of the Franks (), also known as the Frankish Kingdom, or just Francia, was the largest History of the Roman Empire, post-Roman barbarian kingdom in Western Europe. It was ruled by the Franks, Frankish Merovingian dynasty, Merovingi ...

. Hincmar wrote under the guise of answering questions from bishops, publishing his answers once in early 860, and again in the summer of the same year. As events unfolded, Hincmar's work became redundant for the contemporary reader quickly, but is an invaluable source for historians today. It is the manuscript through which significant study of the divorce is noted, allowing the modern reader insight into the issues surrounding the divorce. Divorce had not been an issue prior to this, and so this offers a unique insight into changing attitudes at the time, specifically in relation to the growing influence of the

Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...

over

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

Historical Background

''De divortio Lotharii regis et Theutbergae reginae'' was written in stages throughout the year

860 __NOTOC__ Year 860 ( DCCCLX) was a leap year starting on Monday of the Julian calendar. Events By place Byzantine Empire * June 18 – Byzantine–Rus' War: A fleet of about 200 Rus' vessels sails into the Bosphorus, and starts ...

. It was written by Archbishop Hincmar of Reims in response to letters from several anonymous Lotharingian Bishops. The letters appealed to

Hincmar Hincmar (; ; ; 806 – 21 December 882), archbishop of Reims, was a Frankish jurist and theologian, as well as the friend, advisor and propagandist of Charles the Bald. He belonged to a noble family of northern Francia. Biography Early life Hincm ...

for advice regarding the high-profile attempt by King Lothar II to put aside his wife,

, in the hopes of marrying his mistress, Waldralda. These Bishops likely sought Hincmar's advice as he was considered an expert in moral and religious law. At the time of writing,

was commenting on a topical issue that rocked the Carolingian Empire. Even the "women in their weaving sheds" were discussing the divorce and the outlandish accusations made by

Lothar II Lothair II (835 – 8 August 869) was a Carolingian king and ruler of northern parts of Middle Francia, that came to be known as Lotharingia, reigning there from 855 until his death in 869. He also ruled over Burgundy, holding from 855 just the ...

in attempts to rid himself of

. As the divorce spiralled out of control, with the failed

Trial by Ordeal Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused (called a "proband") was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. In medieval Europe, like ...

Council of Aachen A number of significant councils of the Latin Church were held at Aachen (also known in French as ''Aix-la-Chapelle'') in the early Middle Ages. In the mixed council of 798, Charlemagne proclaimed a capitulary of eighty-one chapters, largely a repe ...

and eventually the Council of Metz, more and more significant figures were drawn into the debate. Eventually,

Pope Nicholas I Pope Nicholas I (; c. 800 – 13 November 867), called Nicholas the Great, was the bishop of Rome and ruler of the Papal States from 24 April 858 until his death on 13 November 867. He is the last of the three popes listed in the Annuario Pontif ...

had the final say, rejecting the Council of Metz and disallowing the divorce.

Content

Hincmar of Rheims Hincmar (; ; ; 806 – 21 December 882), archbishop of Reims, was a Frankish jurist and theologian, as well as the friend, advisor and propagandist of Charles the Bald. He belonged to a noble family of northern Francia. Biography Early life Hincm ...

’ (d.822) ''De divortio Lotharii regis et Theutberga reginae'' is a lengthy treatise that explores the issues of Lothar II's divorce through a series of questions and responses. First the author outlines the situation of the divorce case and gives context to the treatise.

dedicates a significant amount of the treatise to discussing what marriage is and uses historical and Biblical precedent to justify his definition. The question and response structure proceeds to address the issues in what is considered the most controversial divorce case in early-medieval society. The treatise is careful to maintain a balance of opinion.

covers reasons supporting and denouncing

and his attempted divorce of

. The reason for this has been surmised as Hincmar's attempt to maintain good relations with both Lothar II and

Pope Nicholas Pope Nicholas could refer to: *Pope Nicholas I (saint; 858–867) *Pope Nicholas II (1059–1061) *Pope Nicholas III (1277–1280) *Pope Nicholas IV (1288–1292) ** ''Antipope Nicholas V'' (1328–1330) *Pope Nicholas V (1447–1455) See also * Ni ...

. The treatise goes on to discuss the moral issues of kingship and queenship in the context of the divorce case. Hincmar states his opinion on the duties and responsibilities of a king as a husband. The treatise's questions and responses also devote significant attention to the conflict between

Christian law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. Canon law includes the ...

and civil law in the context of the attempted divorce.

Editions

A recent edition is that of L. Böhringer, ''De Divortio Lotharii Regis et Theutbergae Reginae'' (1992) in the ''

Monumenta Germaniae Historica The (Latin for "Historical Monuments of Germany"), frequently abbreviated MGH, is a comprehensive series of carefully edited and published primary sources, both chronicle and archival, for the study of parts of Northwestern, Central and Souther ...

'' series. A provisional English-language translation can be foun
here
It has since been retranslated with accompanying commentary by Rachel Stone and Charles West, ''The Divorce of King Lothar and Queen Theutberga: Hincmar of Rheims's De Divortio'' in 2016, published by the Manchester University Press.

References

{{reflist * S. Airlie, 'Private bodies and the body politic in the divorce case of Lothar II', ''Past and Present'' 1998 pp. 3–38 * K. Heidecker, 'Why Should Bishops Be Involved in Marital Affairs? Hincmar of Rheims on the divorce of King Lothar II (855-869)', in ''The Community, the Family and the Saint: Patterns of Power in Early Medieval Europe'', ed. Hill and Swan (1998). Divorce law