A widespread view is that Pope John XXII (1249–1334) was an expert canonist, but an amateur theologian. A few years ago, Dr Patrick Nold published a revisionist account of the famous conflict between the papacy and the Franciscans, from which both John XXII and the curia emerge intellectually in a better light. By means of a detailed and scholarly study of one manuscript in a Roman library (MS Roma Alessandrina 79), Nold now reconstructs John XXII's consultation of experts that preceded his 1322 decretal Antique concertationi. Part I of the book, about 100 pages, is a study of the relevant texts which are then edited in Part II, amounting to around 200 pages.
As the pope himself said, he wanted to put an end to an old argument. The manuscript Nold has edited and presented contains the learned opinions (consilia) of 15 theologians and lawyers, most of whom were members of religious orders and advised John XXII on other issues. We can note John of Reading and Robert Worksop among a mainly French group. With due caution, Nold concludes that the manuscript ‘points toward’ a lively and extended discussion at the curia in 1322 with oral debates, written opinions and second thoughts.
What was at issue? Nold early on states two basic questions. First, why was it that a marriage could be dissolved by one party joining a religious order after consent had been exchanged but before consummation occurred? Secondly, could only chaste monks and nuns take advantage of this get-out clause or could the pope extend the exception to celibate clerics as well? These questions are later refined by Nold, and his discussion covers a variety of related topics. He identifies the questions put by the pope to the experts, but unlike in manuscripts on other topics there are unfortunately no annotations in the pope's own hand. The experts consulted varied in their estimate of how often in fact a man parted from his wife without consummating the marriage and was ordained. When John XXII did pronounce on the ‘old argument’, he restricted himself more than the wide-ranging discussions had done. Nold's translation of the decretal needs a little revision (p lv).
John XXII's decision, its preparatory stages, and the theological and legal background are important in that they involved various fundamental aspects of marriage, ordination, religious vows and ecclesiastical authority. This book was not intended to be a portrait of the pope, not even as theologian or lawyer. Given the nature and high quality of Nold's researches, he is definitely to be encouraged to write an intellectual biography of John XXII.