Page:Catholic Encyclopedia, volume 4.djvu/449

 CORPUS

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CORPUS

ion: "Appendix concilii Lateranensis III"; the col- iensis" (Leipzig), "Casselana" (Cassel), "Halensis" Halle), and "Lucensis" (Lucca), so named from the ibraries in which the manuscripts of these collections ,ere found; the collection of the Italian Benedictine lainerus Poraposianus, that of the English canonist lilbert (Collectio Gilberti), that of his countryman Llanus, professor at Bologna (Collectio Alani), and hat of the Spaniard Bernard of Compostella. But oon the new era of official collections began to dawn, n 1230 Gregory IX ordered St. Raymund of Penna- art to make a new collection, which is called the
 * ctions known as "Bambcrgensis" (Bamberg), "Lip-

Decretals of Gregorj' IX'' (Decretales Gregorii IX). "o this collection he gave force of law by the Bull

Re.x pacificus", 5 Sept., 1234. This collection is Iso known to canonists as the "Liber extra", i. e. xtra Dccretiim Gratiani. Boniface VIII published a imilar code .3 March, 1298, called the "Sixth Book f the Decretals" (Liber Se.xtus). John XXII added o it the last official collection of canon law, the " Liber eptimus Decretalium", better known under the title f "Constitutiones dementis V", or simply "Clem- ntinie" (Quoniam nulla, 25 Oct., 1317). Later n the canonists added to the manuscripts of the

Decretals" the most important constitutions of ucceeding popes. These were soon known and [uoted as " Extra vagantes ", i. e. twenty constitu- ions of John XXII himself, and those of other popes o 1484. In the Paris edition of the canonical eollec- ions (1499-1.50o) Jean Chappuis drew them up in the orm since then universally accepted, and kept for the irst the name " Extravagantes Joannis XXII", and ailed the others, "Extravagantes communes", i. e. ommonly met with in the manuscripts of the 'Decretals" (.see Decret.vls, P.-ipal).

The "Corpus Juris Canonici" was now, indeed, omplete, but it containeel collections of widely dif- erent juridical value. Considered as collections, the 'Decree" of Gratian, the "Extravagantes Joannis CXII", and the "Extravagantes communes" have lot, and never had, a legal value, but the documents phich they contain may possess and, as a matter of act, often do possess, very great authority. More- iver, custom has even given to several apocryphal anons of the "Decree" of Gratian the force of law. rhe other collections are official, and consist of legi.s- ativo decisions still binding, unless abrogated by ubsefjuent legislation. The collections of Gregory X I Libri quinque Decretalium) and of Boniface VIII Liber Sextus) are moreover exclusive. The former, ndeed, abrogated all the laws contained in the afore- aid compilations subsequent to the "Decree" of jratian. Several authors, however, have maintained, )Ut wrongly, that it abrogated also all the ancient laws vhich had not been incorporated in Gratian. The econd abrogated all the laws passed at a later date ban the " Decretals" of Gregory IX and not included Q itself. Each of these three collections is considered IS one collection (collectio uivi), i. e. one of which all he decisions have the same value, even if they appear o contain antinomies. It is to be noted, however, hat. in cases of contradiction, the decisions of the ■ollections of later date invalidate those found in a ioUection of an earlier date.

The " Decretals" of Gregory IX, those of Boniface /III, and the " Clement in;c" are divided uniformly nto five books (lihcr), thi: books into titles (h'lulu.i}, he titles into chapters (ciiput), and treat successively )f jurisdiction {judex), procedure {judicium), the juencies (crimen). Th(? rubrics, i. e. the summaries )f the various titles, have the force of law, if they con- tain a coniplet"' meaning; on the other hand, the sum- mrics of tlic rliiiptiTS have not this juridical value. It is customary to i|uote these collectioas by indicat- ing the number of the chapter, the title of the collec-
 * lergy {clerun), marriage (c/>nnul>ium), and delin-

tion, the heading of the title, the number of the book and the title. The "Decretals" of Gregory IX arc in- dicated by the letter "X", i. e. extra Decrelum Grati- ani; the "Sixth Book" or "Decretals" of Boniface VIII by " in VI°", i.e. "in Sexto"; the "Clementines" by "in Clem.", i. e. "in Clementinis". For instance: "c. 2, X, De pactis, I, 35", refers to the second chap- ter of the " Decretals" of Gregory IX, first book, title 35; "c. 2, in VP, De hEereticis, V, 2", refers to the second chapter of the "Decretals" of Boniface VIII, fifth book, title 2; "c. 2, in Clem., De testibus, II, 8", refers to the second chapter of the "Clementines", second book, title 8. If there is only one chapter in a title, or if the last chapter is quoted, these passages are indicated by "c. unic", and "c. ult.", i. e. "caput unicum" and " caput ultimum". Sometimes al.so the indication of the number of the chapters is replaced by the first words of the chapter, as for instance: c. Odoardus. In such cases the number of the chapter may be found in the index-tables printed in all the editions. The "Extravagantes Communes" are di- vided and quoted in the same manner as the "Decre- tals", and the collection is indicated by the abbrevia- tion: "Extrav. Commun." For instance: "c. 1 (or unicum, or AmbitiosEe), Extrav. Commun., De rebus Ecclesia; non alienandis, III, 4", refers to the first chapter (the only chapter) in book III, title 4 of the "Extravagantes Communes". This collection omits the usual " Liber IV" which treats of marriage. The " Extravagantes of John XXII " are divided only into titles and chapters. They are indicated by the ab- breviation, "Extrav. Joan. XXII". For instance: "c. 2, Extrav. Joan. XXII, De verborum significatione XIV" refers to the second chapter of the fourteenth title of this collection.

Principal rdiliiins. — Very soon after the invention of printing editions of the "Corpus Juris", with or without the gloss (comments of canonists) were pub- lished. We have already mentioned the importance of the Paris edition (1499-1505) for the two collec- tions of "Extravagantes". This edition includes the gloss. The last edition with the gloss is that of Lyons (1671). Though the Council of Trent did not order a revision of the text of the canonical collections, St. Pius V appointed (1566) a commission to prepare a new edition of the "Corpus Juris Canonici". This commission devoted itself especially to the correction of the text of the " Decree" of Gratian and of its gloss. Gregory XIII ("Cum pro munere", 1 July, 1580; '•Emendationera", 2 June, 1582) decreed that no change was to be made in the revised text. This edition of the "Corpus" appeared at Rome in 1582, in (xilibus popuH Romani, and serves as exemplar for all subse- quent editions. The best-known, jjrevious to the nineteenth century, are those of the brothers Pithou (Paris, 1687), Freiesleben (Prague, 1728), and the Protestant canonist Bbhmer (Halle-Magdeburg. 1747). It is to be noted that the text of the latter edition differs from that of the Roman edition of 1.582, and does not therefore possess practical utility. The edition of Richf er ( Leipzig, 1833-39) avoids this defect and is valuable for its critical notes. The edition of Friedberg (Leipzig, 1879-81) does not reproduce the text of the Roman edition for thi? " 1 )ecree ' ' of Gratian, but gives the Roman text of the other collections. It is the best and most critical edition.

(3) Jus novissimum. — .\fter the Council of Trent, an attempt to .secure a new official collection of church laws was made about 1.580. when Gregory XIII charged three cardinals with tlie task. The work continued during the pontificate of Sixtus V, was ac- complished under Clement VIII, and was printed (Rome, 1,598) as: " Sancti.ssimi Domini nostri de- mentis pal)a^ VIII Decretales", sometimes .also "Sep- tinuis liber Decretalium". This collection, never approved either by Clement VIII or by Paul V, was recently edited (Freiburg, 1870) by Sentis. In 1557