Page:Catholic Encyclopedia, volume 9.djvu/87

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sequent ** systematic collections; it is the " Hispana" are in P. L., CLXI. (1 1) The unedited Spanish col* or Spanish collection together with apocryphal de- lection of Saragossa (Csesar-augustana) is based on cretsus attributed to the popes of the first centuries these works of Ives of Chartres. (12) Finally, the up to the time of St. Damasus, when the authentic De misericordia et justitia'^ in three books, com- decretals b^in. It exerted a very great influence posed before 1121 by Algerus of Li^, a {general

(see False Decretals). (7) To conclude the list of treatise on ecclesiastical discipline, in which is fore- collections, where the later canonists were to gamer shadowed the scholastic method of Gratian, reprinted their materials, we must mention the "Penitentials** in P. L.. CLXXX.

(q. v.), the "Ordines" or ritual collections, the "For- D. The *'Decretum" of Gratian: the Decretists.— mularies", especially the " Liber Diurnus"; also com- The " Concordantia discordantium canonum", known I>ilations of laws, either purely secular, or semi-ecclo- later as '* Decretum", which Gratian published at Bo- siastical, like the "Capitularies" (cj. v.). The name logna about 1148, is not, as we consider it to-day, a "capitula" or "capitularia is given also to the collection of canonical texts, but a general treatise, in episcopal ordinances quite common in the ninth cen- which the texts cited are inserted to help in establish- tury. It may be noted that the author of the False ing the law. It is true that the work is very rich in Decretals forged also false "Capitularies", under the texts and there is hardly a canon of any importance name of Benedict the Deacon, and false episcopal contained in the earlier collections (including the de- " CapituJa ", under the name of Angilramnus, Bishop cisions of the Lateran Council of 1 139 and recent papal of Metz. decretals) that Gratian has not utilized. His ooject, C. Canonical Collections to tfie Time of Gratian, — however, was to build up a juridical system from all The Latin Church was meanwhile moving towards these documents. Despite its imperfections, it must closerunity; the local character of canonical discipline be admitted that the work of Cfratian was as near and laws gradually disappears, and the authors of perfection as was then possible. For that reason canonical collections exhioit a more personal note, it was adopted at Bologna, and soon elsewhere, as i. e. they pick out more or less advantageously the the text -book for the study of canon law. (For texts, which they borrow from the "chronological" an account of this collection see Corpus Juris compilations, though they display as yet no critical Canonici; Canons.) We may here recall again that discernment, and include many apocryphal docu- the "Decretum" of Gratian is not a codification, but ments, while others continue to be attributed to the a privately compiled treatise; further, that the build- wrong sources. They advance, nevertheless, espe- ing up of a general system of canon law was the work cially when to the bare texts they add their own opm- of the canonists, and not of the legislative authorities ions and ideas. From the end of the ninth century to as such.

the middle of the twelfth these collections are very Quite as the professors at Bologna commented on numerous; many of them are still unpublished, and Justinian's "Corpus juris civilis", so they began at some deservedly so. We can only mention the prin- once to comment on Gratian 's work, the personal ele- cipal ones. ment as well as his texts. The first commentators are (1) A collection in twelve books, compiled in North- called the "Decretists". In their lectures (Lat. lee- em Italy, and dedicated to an Archbishop Anselm, ^urcp, readings) they treated of the conclusions to be doubtless Anselm II of Milan (833-97), still unedited j drawn from each part and solved the problems it seems to have been widely used. (2) The "Libn {a^ucestUmes) arising therefrom. They synopsized duo de synodalibus causis" oif Regino, Abbot of Priim their teaching in "glosses" (q. v.), interlinear at first, (d. 915), a pastoral visitation manual of the bishop of then marginal, or they composed separate treatises the diocese^ edited by Wasserschleben (1840). (3) known as" Apparatus , "Summae"^ "Repetitiones", The volummous compilation, in twenty books, of or else collected "casus", "qu«stiones", "Margar- Burchard, Bishop of Worms, compiled between 1012 it»", "Breviaria", etc. The principal decretists are: and \QQ2f entitl^ the "CoUectarium", also "Decr^* Paucapalea, perhaps the first disciple of Gratian, tum", a TnAnuAl for the use of ecclesiastics in their whence, it is said, the name "palea" given to the ad- ministry; the nineteenth book, " Corrector " or " Med- ditions to the " Decretum " (his "Summa " was edited icus", treats of the administration of the Sacrament by Schulte in 1890); Roland Bandinelli, later Alex- of Penance, and was often current "as a distinct work, ander III (his "Summa" was edited by Thaner in This widely circulated collection is in P. L., CXL. At 1874) : OmniIx)nus, 1 185 (see Schulte, " De Decreto ab the end of the eleventh century there appeared in Omnioono abbreviato", 1892), John of Faenza (d. Italy several collections favouring the reform of bishop of that city in 1190); Rufinus(" Summa "'edited Gregory VII and supporting the Holy See in the in- by Singer, 1902); Stephen of Toumai (d. 1203; "Sum- vestiture strife; some of the authors utilized for ma" ^ted by Schulte, 1891); the great canonist their works the Roman archives. (4) The collection of Huguccio (d. 1210; "Summa" is being edited by M. Anselm, Bishop of Lucca (d. 1086), in thirteen books, Gillmann); Sicard of Cremona (d. 1215): John the still unedited, an influential work. (5) The collection Teuton, really Semeca or Zemcke (d. 1245; ; Guido de of Cardinal Deusdedit, dedicated to Pope Victor III Baysio, the "archdeacon" (of Bologna, d. 1313); .and (1087), it treats of the primacy of the pope, of the especially Bartholomew of Brescia (d. 1258), auUior Roman clerg>', ecclesiastical property, immunities, of the "gloss" on the "Decretum" in its last form, and was edited by Martinucci m 1869, more recently E. Decretals and Decretalists, — While lecturing on and better by Wolf von Glanvell (1905). (6) The Gratian's work the canonists laboured to complete and. "Breviarium of Cardinal Atto; edited by Mai, elaborate the master's teaching; with that view they "Script, vet. nova collect.", VI, app. 1832. (7) The collect^ assiduously the decretals of the popes, and collection of Bonizo, Bishop of Sutri, in ten books, especially the canons of the (scumenical coimcils of written after 1089, still unedited. (8) The collection the Lateran (1179, 1215); but these compilations were of Cardinal Gregory, called by him "Poly carpus", in not intended to form a complete code, they merely eight books, written before 1120, yet unedited. (9) centred round and supplemented Gratian's " Decre- In France we must mention the small collection of tum"; for that reason these Decretals are known as Abbo, Abbot of Fleury (d. 1004), in fifty-two chapters, the "Extravagantes", i. e. outside of, or extraneous in P. L., CXXXIX; and especially (10) the collections to, the official collections. The ^ve collections thus of Ives, Bishop of Chartres (d. 1115 or 1117), i. e. the made between 1190 and 1226 (see Decretals), and

Collectio trium partium", the "Decretum", es- which were to serve as the basis for the work of Greg-

•eciaJly the " Panormia ", a short compilation in eight ory IX, mark a distinct step forward in the evolution

fo)ks, extracted from the preceding two works, and of canon law: whereas Gratian had inserted the texts

widely used. The "Decretum" and the "Panormia" in his own treatise, and the canonists wrote their