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Henry of Segusio

Henry of Segusio, usually called Hostiensis, (c. 1200 – 6 or 7 November 1271) was an Italian canonist of the thirteenth century, born at Susa (Segusio), in the ancient Diocese of Turin. He died at Lyon.

He undertook the study of Roman law and canon law at Bologna, where he seems to have taught Canon Law, and to have taken his degree utriusque juris. He taught canon law at Paris, and spent some time in England, whence King Henry III sent him on a mission to Innocent IV.

Later he became Provost of the Cathedral Chapter of Antibes, and chaplain to the pope. He was promoted to the See of Sisteron in 1244, afterwards to the Archdiocese of Embrun in 1250. In 1259 he replaced the captured Filippo da Pistoia as papal legate in Lombardy. He became Cardinal Bishop of Ostia and Velletri on 22 May 1262, whence his name Hostiensis.

His health forced him to leave the conclave of 1268–1271, though he remained at Viterbo. He was not present at the compromise election of Tedaldo Visconti on 1 September 1271, after the vacancy in the Holy See of two years and nine months. Nonetheless, the other cardinals immediately sought out Cardinal Enrico and obtained his consent to the election. In his room, he wrote his Last Will and Testament on 29 October 1271.

As a canonist Hostiensis had a great reputation. His works are:

A work on feudal law has also been attributed to him, but without foundation.

For Hostiensis the law as well as all political authority were derived from God. Because of this all princes “exercised authority by divine mandate.” Civil law was divine because the emperors who created that law were placed in authority by God. Despite this, however, civil law was inferior to canon law.

The reason for this is that the pope’s authority was even closer to the divine than that of secular princes. Because the pope was the vicar of God he acted on God’s authority, from which he (the pope) derived his own authority. Thus, whenever the pope acted de iure he acted as God. Therefore, canon law, since it was promulgated by the pope, was established by God. This is because canon law was based on the Bible, and God had given his vicar, the pope, the authority to interpret that text. Thus canon law was divine not because it came directly from God, but because of the end it sought (the spiritual well-being of Christians) and because of the dignity of the Pope, from which the canon law emanated.

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