FREE BOOKS

Author's List




PREV.   NEXT  
|<   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299  
300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   >>   >|  
er. Henceforth a significant differentiation began to appear; the collections of texts, the number of which continued to increase, were clearly separated from the commentaries in which the canonists continued the formation and interpretation of the law. Thus the way was prepared for official collections. The disciples of Gratian, in glossing or commenting on the _Decretum_, turned to the papal decretals, as they appeared, for information and the determination of doubtful points. Their idea, then, was to make collections of these points, to support their teaching; this is the origin of those _Compilationes_ which were soon to be embodied in the collection of Gregory IX. But we must not forget that these compilations were intended by their authors to complete the _Decretum_ of Gratian; in them were included the decretals called _extravagantes_, i.e. _quae vagabantur extra Decretum_. This is why we find in them hardly any documents earlier than the time of Gratian, and also why canonists have continued to refer to the decretals of Gregory IX. by the abbreviation X (_Extra_, i.e. _extra Decretum_). "Quinque compilationes." Bernard of Pavia, "Breviarium." "Compilatio tertia." "Secunda." "Quarta." "Quinta." There were numerous collections of this kind towards the end of the 12th and at the beginning of the 13th century. Passing over the first _Additiones_ to the _Decretum_ and the _Appendix concilii Lateranensis_ (council of 1179), we will speak only of the _Quinque compilationes_,[26] which served as a basis for the works of Raymond of Pennaforte. The first and most important is the work of Bernard, provost and afterwards bishop of Pavia, namely, the _Breviarium extravagantium_, compiled about 1190; it included the decretals from Alexander III. to Clement III., together with certain "useful chapters" omitted by Gratian. The important feature of the book is the arrangement of the decretals or sections of decretals in five books, divided into titles (_tituli_) logically arranged. The five books treat of (1) ecclesiastical persons and dignitaries or judges; (2) procedure; (3) rights, duties and property of the clergy, i.e. benefices, dues, sacraments, &c., with the exception of marriage, which is the subject of book (4); (5) of penalties. There is a well-known hexameter summing up this division: _Judex, judicium, clerus, connubia, crimen._ This is the division adopted in all the official col
PREV.   NEXT  
|<   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299  
300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   >>   >|  



Top keywords:

decretals

 

Decretum

 
collections
 

Gratian

 
continued
 

included

 

Gregory

 
compilationes
 

important

 

division


points

 

Bernard

 

Breviarium

 
Quinque
 

official

 

canonists

 
Clement
 

Alexander

 

feature

 

significant


Henceforth
 

divided

 
sections
 
arrangement
 

omitted

 
differentiation
 

chapters

 

served

 

Raymond

 

Pennaforte


extravagantium

 

compiled

 

bishop

 
provost
 

logically

 

hexameter

 

summing

 

penalties

 

marriage

 

subject


adopted

 

crimen

 
connubia
 

judicium

 

clerus

 

exception

 

ecclesiastical

 

persons

 

dignitaries

 
judges