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198
CANON LAW

instead, e.g. Quum olim, de Consuetudine, X.; or cap. 6, de consuet. (I. iv.); that is to say, book I., title iv., de consuetudine, chapter 6, beginning with the words Quum olim.

Though Gregory IX. wished to supersede the compilationes, he had no idea of superseding the Decretum of Gratian, still less of codifying the whole of the canon law. Though his collection is still in theory the chief monument of Their relation to the general law. ecclesiastical law, it only marked a certain stage and was before long to receive further additions. The reason for this is that in most cases the decretals did not formulate any law, but were merely solutions of particular cases, given as models; to arrive at the abstract law it was necessary to examine the solution in each case with regard to the circumstances and thus formulate a rule; this was the work of the canonists. The “decretalists” commented on the new collection, as the “decretists” had done for that of Gratian; but the canonists were not legislators: even the summaries which they placed at the head of the chapters could not be adduced as legislative texts. The abstract law was to be found rather in the Summae of the canonists than in the decretals. Two important results, however, were achieved: on the one hand, supplementary collections on private authority ceased to be made, for this Gregory IX. had forbidden; on the other hand, the collections were no longer indefinitely swelled by the addition of new decisions in particular cases, those already existing being enough to form a basis for the codification of the abstract law; and for this reason subsequent collections contain as a rule only the “constitutions” of popes or councils, i.e. rules laid down as of general application. Hence arose a separation, which became more and more marked, between legislation and jurisprudence. This change was not produced suddenly, the old method being at first adhered to. In 1245 Innocent IV. sent to the universities a collection of 45 decretals, with the order that they should be inserted under their proper titles in the collection of Gregory IX. In 1253 he sent a further list of the first words (principia) of the complementary constitutions and decretals; but the result was practically nil and the popes gave up this system of successive additions. It was, however, found expedient to publish a new official collection. At the instance of the university of Bologna, Boniface VIII., himself an eminent canonist, had this prepared by a committee of canonists and published it in 1298. As it came as an addition to the five The “Liber Sextus.” books of Gregory IX., it was called the sixth book, the Liber Sextus. It includes the constitutions subsequent to 1234, and notably the decrees of the two ecumenical councils of Lyons, and is arranged in books and titles, as above described; the last title, de regulis juris, contains no less than eighty-eight legal axioms, mostly borrowed from Roman law. The Liber Sextus is cited like the decretals of Gregory IX., only with the addition of: in sexto (in VIo.).

The same observations apply to the next collection, the Clementinae. It was prepared under the care of Clement V., and even promulgated by him in consistory in March 1314; but in consequence of the death of the pope, which The “Clementinae.” took place almost immediately after, the publication and despatch of the collection to the universities was postponed till 1317, under John XXII. It includes the constitutions of Clement V., and above all, the decrees of the council of Vienne of 1311, and is divided, like preceding collections, into books and titles; it is cited in the same way, with the additional indication Clem-(entina).

At this point the official collections stop. The two last, which have found a place in the editions of the Corpus, are collections of private authority, but in which all the “Extravagantes” of John XXII. documents are authentic. Evidently the strict prohibition of the publishing of collections not approved by the Holy See had been forgotten. The Extravagantes (i.e. extra collectiones publicas) of John XXII. number 20, And “communes.” and are classified under fourteen titles. The Extravagantes communes (i.e. coming from several popes) number 73, from Boniface VIII. to Sixtus IV. (1484), and are classified in books and titles. These two collections were included in the edition of Jean Chappuis in 1500; they passed into the later editions, and are considered as forming part of the Corpus juris canonici. As such, and without receiving any complementary authority, they have been corrected and re-edited, like the others, by the Correctores romani. They are cited, like the decretals, with a further indication of the collection to which they belong: Extrav. Jo. XXII., or inter-comm-(unes).

Thus was closed, as the canonists say, the Corpus juris canonici; but this expression, which is familiar to us nowadays, is only a bibliographical term. Though we find in the 15th The “Corpus juris canonici.” century, for example, at the council of Basel the expression corpus juris, obviously suggested by the Corpus juris civilis, not even the official edition of Gregory XIII. has as its title the words Corpus juris canonici. and we do not meet with this title till the Lyons edition of 1671.

The history of the canonical collections forming the Corpus juris would not be complete without an account of the labours of which they were the object. We know that the universities of the middle ages contained a Faculty The study of canon law. of Decrees, with or without a Faculty of Laws, i.e. civil law. The former made doctores decretorum, the latter doctores legum. The teaching of the magistri consisted in oral lessons (lecturae) directly based on the text. The short remarks explanatory of words in the text, originally written The glosses. in the margin, became the gloss which, formed thus by successive additions, took a permanent form and was reproduced in the manuscripts of the Corpus, and later in the various editions, especially in the official Roman edition of 1582; it thus acquired by usage a kind of semi-official authority. The chief of the glossatores of the Decretum of Gratian were Paucapalea, the first disciple of the master, Rufinus (1160–1170), John of Faenza (about 1170), Joannes Teutonicus (about 1210), whose glossary, revised and completed by Bartholomeus Brixensis (of Brescia) became the glossa ordinaria decreti. For the decretals we may mention Vincent the Spaniard and Bernard of Botone (Bernardus Parmensis, d. 1263), author of the Glossa ordinaria. That on the Liber Sextus is due to the famous Joannes Andreae (c. 1340); and the one which he began for the Clementines was finished later by Cardinal Zabarella (d. 1417). The commentaries not so entirely concerned with the text were called Apparatus; and Summae was the name given to The “Summae.” general treatises. The first of these works are of capital importance in the formation of a systematic canon law. Such were the Summae of the first disciples of Gratian: Paucapalea (1150),[1] Rolando Bandinelli[2] (afterwards Alexander III., c. 1150), Rufinus[3] (c. 1165), Étienne of Tournai[4] (Stephanus Tornacensis, c. 1168), John of Faenza (c. 1170), Sicard, bishop of Cremona (c. 1180), and above all Huguccio (c. 1180). For the Decretals we should mention: Bernard of Pavia[5] (c. 1195), Sinibaldo Fieschi (Innocent IV., c. 1240), Henry of Susa (d. 1271), commonly called (cardinalis) Hostiensis, whose Summa Hostiensis or Summa aurea is a work of the very highest order; Wilhelmus Durantis or Durandus, Joannes Andreae, Nicolas de Tudeschis (abbas siculus), &c. The 15th century produced few original treatises; but after the council of Trent the Corpus juris was again commented on by distinguished canonists, e.g. the Jesuit Paul Laymann (1575–1635), the Portuguese Agostinho Barbosa (1590–1649), Manuel Gonzalez Tellez (d. 1649) and Prospero Fagnani (1598–1687), who, although blind, was secretary to the Congregation of the Council. But as time goes on, the works gradually lose the character of commentaries on the text, and develop into expositions of the law as a whole.

  1. Edited by Schulte, Die Summa des Paucapaiea (Giessen, 1890).
  2. Edited by Thaner, Die Summa Magistri Rolandi (Innsbruck, 1874); later by Gietl, Die Sentenzen Rolands (Freiburg im B., 1891).
  3. Edited by H. Singer, Die Summa Decretorum des Magister Rufinus
  4. Edited by Schulte, Die Summe des Stephanus Tornacensis (Giessen, 1891).
  5. He made a Summa of his own collection, ed. E. Laspeyres, Bernardi Papiensis Summa Decretalium (Mainz, 1860). The commentaries of Innocent IV. and Henry of Susa have been frequently published.