Page:Catholic Encyclopedia, volume 4.djvu/448

 CORPUS

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CORPUS

Knvbvuv, or the collection of John the Scholastic (Jo- annes Scholasticus), compiled at Aiitioch about 550, and the Nomocanons, or compilations of civil laws affecting religious matters (vA^os) and ecclesiastical laws (KaviSiv). One such mixed collection is dated in the sixth century and has been erroneously attri- buted to John the Scholastic; another of the seventh century was rewritten and much enlarged by the schismatical patriarch Photius (883). In the West- ern Church three collections of canons have exercised an influence far beyond the limits of the country in which they were composed; they are the "Collectio Dionysiana", the lengthy Irish collection (Hibernen- •sis), and the "Decretals" of Pseudo-Isidore. The "Dionysiana", also called "Corpus canonum", "Cor- pus codicis canonum", was the work of Dionysius Exiguus who died between the years 540 and 555 ; it contains his Latin translation of the canons of the councils of the Eastern Church and a collection of (.38) papal letters (Epistolae decretales) dating from the reign of Pope Siricius (384-.398) to that of Anastasius II (d. 498). The authority of this Italian collection, at once quite considerable at R me and in Italy, was greatly increased after Adrian I had sent to Charlemagne (774) a modified and enlarged copy of the collection, thenceforth known as the "Collectio Dionysio-Hadriana ", and the Synod of Aachen (802) accepted it as the " Codex Canonum ' ' of the immense Empire of the Franks.

The lengthy Irish collection of canons, compiled in the eighth century, influenced both Gaul and Italy. The latter country possessed, moreover, two fifth- century Latin translations of the Greek synods (the collection erroneously called "Isidoriana" or "His- pana", and the "Collectio Prisca") ; also an important collection of pontifical and imperial documents (the "Avellana", compiled in the pontificate of Gregory the Great, 590-604). Africa possessed a collection of 105, or more exactly 94, canons, compiled about 419; also the "Breviatio Canonum", or digest of the canons of the councils by Fulgentius Ferrandus (d. c. 546), and the "Concordia Canonum" of Cresconius, an adaptation of the "Dionysiana" (about 690). In Gaul are found, at the beginning of the sixth century, the "Statuta Ecclesi* antiqua", erroneously attrib- uted to Africa, and, among many other collections, the "Quesnelliana" (end of the fifth or beginning of the sixth century) and the "Daeheriana" (about 800), both so called from the names of their editors, Paschase Quesnel and d'Ach^ry. Spain possessed the "Capitula Martini", compiled about 572 by Martin, Bishop of Braga, and a "Codex canonum" or "Col- lectio Hispana" dating from about 633, attributed in the ninth century to St. Isidore of Seville. In the ninth century arose several apocryphal collections, viz. those of Benedietus Levita, of Isidorus Merca- tor (also Peccator or Mercatus), and the "Capitula Angilramni". An examination of the controversies which these three collections give rise to will be found elsewhere (see False Decret.\ls). The Pseudo- Isidorian collection, the authenticity of which was for a long time admitted, has exercised considerable influence on ecclesiastical discipline, without however modifying it in its es.sential principles. Among the numerous collections of a later date, we may mention the "Collectio Anselmo dedicata", com|iili>il in Italy at the end of the ninth century, the "l.ilicllus do ecclc.siasticis disciplinis" of Regino of Pruni (d. 915); the "CoUectarium canonum" of Burchard of Worms (d. 1025); the collection of the yoimger St. Anselm of Lucca, compiled towards the end of the eleventh cent- ury; the "Collectio trium partium", the "Decretum" and the "Panormia" of Yves of Chartres (d. 1115 or 1117); the "Liber de misericordia et ju.stitia" of Algerus of Li6ge, who died in 1132 — all collections whichGratian made u.se of in the compilation of his " Decretum ". The aforesaid collections and others are

described more fully in the article Canon.?, Collec- tions OF Ancient.

(2) Jus novum and Corpus juris cntionici. — It was about 1150 that the Camaldolese monk, Gratian, professor of theology at the University of Bologna, to obviate the difficulties which beset the study of practical, external theology (theologia practica ex- terna), i. e. canon law, compo.sed the work entitled by himself "Concordia discordantium canonum", but called by others "Nova collectio", "Decreta", "Cor- pus juris canonici", also "Decretum Gratiani", the latter being now the commonly accepted name. In spite of its great reputation the "Decretum" has never been recognized by the Church as an official collection. It is divided into three parts (ministeria, negotia, sacramenta). The first part is divided into 101 distinctions (distincliones), the first 20 of which form an introduction to the general principles of canon law {Iractalus decrelalium) ; the remainder con- stitutes a tractatus ordinandorum, relative to ecclesias- tical persons and functions. The second part contains 36 causes (causce), divided into questions {qucestiones), and treat of ecclesiastical administration and mar- riage; the third question of the 33rd causa treats of the Sacrament of Penance and is divided into 7 distinc- tions. The third part, entitled "De consecratione ", treats of the sacraments and other sacred things and contains 5 distinctions. Each distinction or question contains dicta Gratiani, or maxims of Gratian, and canones. Gratian himself raises questions and brings forward difficulties, which he answers by quoting auctoritates, i. e. canons of councils, decretals of the popes, texts of the Scripture or of the Fathers. These are the canones; the entire remaining portion, even the summaries of the canons and the chronological indications, are called the maxims or dicta Gratiani. It is to be noted that many auctoritates have been inserted in the "Decretum" by authors of a later date. These are the Palea; so called from Pauoa- palea, the name of the principal commentator on the "Decretum". The Roman revisers of the sixteenth century (1566-82) corrected the text of the "Decree" and added many critical notes designated by the words Correctores Romani.

The "Decretum" is quoted by indicating the num- ber of the canon and that of the distinction or of the cause and the question. To differentiate the distinc- tions of the first part from those of the third question of the 33rd cau.se of the second part and those of the third part, the words de Poen., i. e. de Paeniteniid, ami de Cons., i. e. de Consecratione are added to the latter. For instance, "c. 1. d. XI" indicates the first part of the "Decree", distinction XI, canon 1; "c. 1., de Pcen., d. VI" refers to the second part, 33rd cause, question 3, distinction VI, canon 1; "c. 8, de Cons, d. 11" refers to the third part, distinction II, canon 8; "c. 8, C. XII, q. 3" refers to the second part, cause XII, question 3, canon 8. Sometimes, especially in the case of well-known and much-quoted canons, the first words are also indicated, e. g., c. Si quis siuidenit diabolo, C. XVII, q. 4, i. e. the 29th canon of th( second part, cause XVII, question 4. Occasionallj the first words alone are quoted. In both ciuses, t< find the canon it is necessary to consult the alpha betical tables (printed in all editions of Gratian) tha contain the first words of every canon.

The general laws of a later date than the "Decree of (iratian have been called "Extravagantes", i. « laws not contained in Gratian's "Decree" {VaganU extra Decretum). The.sc were soon brovight togethe in new collections, five of which (Quinque compila tiones antique) i)os.ses.sed a special authority. Tw of them, namely the third and the fifth, are the mos ancient official compilations of the Roman Churc (see Deoretals, Pai-al). Among other compilation at the end of tlie twelfth and tlie begiiuiing of thirteenth century the following deserve special att(

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