The Quinque compilationes antiquae [lower-alpha 1] is a set of five collections of twelfth and thirteenth century decretals (specifically extravagantes ) [3] totalling between 1,971 [4] and 2,139 chapters. [5] [6]
The Quinque compilationes antiquae [lower-alpha 1] is a set of five collections of twelfth and thirteenth century decretals (specifically extravagantes ) [3] totalling between 1,971 [4] and 2,139 chapters. [5] [6]
The first collection, the Compilatio prima, [4] [7] was originally titled Breviarium extravagantium [lower-alpha 2] (due to the fact that its decretals were not found in the Decretum Gratiani ) and compiled by Bernardus Papiensis between 1189 and 1191, [8] making it the first non-anonymous collection of decretals. [9] Much of Bernardus' work collects decretals by Pope Alexander III, in addition to three decretals by Pope Gregory VIII and another three by Pope Clement III. [10]
Bernardus was the earliest known person to have published a systematically organised compilation of decretals on the jus novum , [11] although the Breviarium extravagantium was not his first attempt; around ten years prior, he had collected some ninety-five decretals in a manuscript titled Collectio Parisiensis secunda. [8]
The Compilatio prima introduced the five-book scheme (categorised according to the general subjects of "judge", "trial", "clergy", "marriage", and "crime") that was adopted by the other four collections in the Quinque compilationes and almost all other later decretal collections to boot. [1] [10] Like the other collections in the Quinque compilationes, the Compilatio prima also contains a preface and is assigned chapters with various canons. [1]
The second collection, the Compilatio secunda, was compiled by John Galensis and contains decretals by Pope Clement III, Pope Celestine III, Pope Alexander II, and Pope Lucius II. [12] [13] Despite the fact that it was compiled shortly after the third collection, between 1210 and 1212, [13] the Compilatio secunda was so named because most of its decretals predate those found in the Compilatio tertia but postdate the ones in the Compilatio prima. [14]
The third collection, Compilatio tertia, was compiled between late 1209 and early 1210 by a notary known as Petrus Beneventanus [15] or Pietro Collivacino. [13] It contains only decretals by Pope Innocent III, who expressed his approval of it and vouched for the authenticity of its contents, even though not all of them can be found in the papal registers. [16]
The fourth collection, Compilatio quarto, was compiled by Johannes Teutonicus and contains canons passed by the Fourth Lateran Council alongside other decretals by Innocent III and 44 of his earlier letters. [13] The Compilatio quarto was presented to Innocent in 1215 but the pope refused to endorse it for unknown reasons. [17] Although initially disregarded by canonists, it was eventually published by Johannes sometime after Innocent's death. [18]
In 1217, the recently-elected Pope Honorius III commissioned what would become the final collection in the Quinque compilationes; it was the first time that a pope had explicitly called for a decretal collection to be produced. [19] The Compilatio quinta was compiled by the archbishop of Bologna, Tancred, and published around 2 May 1226, [20] near the end of Honorius' pontificate. [6] Unlike the first four compilations, the Compilatio quinta contains secular legislation, specifically portions of Hac edictali lege, a statute written by Emperor Frederick II. [19]
Frequently cited by contemporary canonists, [13] the Quinque compilationes antiquae served as the "standard textbook" for the study of decretal law in the early thirteenth century. [21] Some 1,756 chapters' worth of content in the five collections were subsequently incorporated into the Liber extra decretalium by Raymond of Penyafort, which was commissioned by Pope Gregory IX in 1230 and completed in 1234. [6]
The Fourth Council of the Lateran or Lateran IV was convoked by Pope Innocent III in April 1213 and opened at the Lateran Palace in Rome on 11 November 1215. Due to the great length of time between the council's convocation and its meeting, many bishops had the opportunity to attend this council, which is considered by the Catholic Church to be the twelfth ecumenical council. The council addressed a number of issues, including the sacraments, the role of the laity, the treatment of Jews and heretics, and the organization of the church.
Giovanni d'Andrea or Johannes Andreæ was an Italian expert in canon law, the most renowned and successful canonist of the later Middle Ages. His contemporaries referred to him as iuris canonici fons et tuba. Most important among his works were extensive commentaries on all of the official collections of papal decretals, papal judgments in the form of letters to delegated judges that were at the core of canon law.
Pope Gregory IX was head of the Catholic Church and the ruler of the Papal States from 19 March 1227 until his death in 1241. He is known for issuing the Decretales and instituting the Papal Inquisition, in response to the failures of the episcopal inquisitions established during the time of Pope Lucius III, by means of the papal bull Ad abolendam, issued in 1184.
Decretals are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.
The Decretum Gratiani, also known as the Concordia discordantium canonum or Concordantia discordantium canonum or simply as the Decretum, is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici. It was used as the main source of law by canonists of the Roman Catholic Church until the Decretals, promulgated by Pope Gregory IX in 1234, obtained legal force, after which it was the cornerstone of the Corpus Juris Canonici, in force until 1917.
Huguccio was an Italian canon lawyer.
Gerard la Pucelle was a peripatetic Anglo-French scholar of canon law, clerk, and Bishop of Coventry.
In the history of canon law, a decretist was a student and interpreter of the Decretum Gratiani. Like Gratian, the decretists sought to provide "a harmony of discordant canons", and they worked towards this through glosses (glossae) and summaries (summae) on Gratian. They are contrasted with the decretalists, whose work primarily focused on papal decretals.
The Corpus Juris Canonici is a collection of significant sources of the Canon law of the Catholic Church that was applicable to the Latin Church. It was replaced by the 1917 Code of Canon Law which went into effect in 1918. The 1917 Code was later replaced by the 1983 Code of Canon Law, the codification of canon law currently in effect for the Latin Church.
The Decretals of Gregory IX, also collectively called the Liber extra, are a source of medieval Catholic canon law. In 1230, Pope Gregory IX ordered his chaplain and confessor, Raymond of Penyafort, a Dominican, to form a new canonical collection destined to replace the Decretum Gratiani, which was the chief collection of legal writings for the church for over 90 years. It has been said that the pope used these letters to emphasize his power over the Universal Church.
Bernard of Compostella the Older was a canonist of the early thirteenth century, a native of Compostela in Spain. He is called Antiquus to distinguish him from Bernardus Compostellanus Junior.
Bernard of Botone was a noted Italian canonist of the thirteenth century. He is generally called Bern(h)ardus Parmensis or Bernard of Parma, from his birthplace Parma.
Bernardus Papiensis was an Italian canonist and bishop of the Christian Church. Born at Pavia, he studied law and theology at Bologna under Gandulphus and Faventinus. Later, he was provost of the cathedral of Pavia until 1191, Bishop of Faenza until 1198, and then Bishop of Pavia until his death there in 1213.
Peter of Benevento was an Italian canon lawyer, papal legate and cardinal.
Plenitudo potestatis was a term employed by medieval canonists to describe the jurisdictional power of the papacy. In the thirteenth century, the canonists used the term plenitudo potestatis to characterize the power of the pope within the church, or, more rarely, the pope's prerogative in the secular sphere. However, during the thirteenth century the pope's plenitudo potestatis expanded as the Church became increasingly centralized, and the pope's presence made itself felt every day in legislation, judicial appeals, and finance.
Ad abolendam was a decretal and bull of Pope Lucius III, written at Verona and issued 4 November 1184. It was issued after the Council of Verona settled some jurisdictional differences between the Papacy and Frederick I, Holy Roman Emperor. The document prescribes measures to uproot heresy and sparked the efforts which culminated in the Albigensian Crusade and the Inquisitions. Its chief aim was the complete abolition of Christian heresy.
The term Extravagantes is applied to the canon law of the Roman Catholic Church, to designate some papal decretals not contained in certain canonical collections which possess a special authority. More precisely, they are not found in Gratian's Decretum or the three official collections of the Corpus Juris Canonici.
In the history of canon law, the decretalists of the thirteenth century formed a school of interpretation that emphasised the decretals, those letters issued by the Popes ruling on matters of church discipline (epistolae decretales), in preference to the Decretum Gratiani (1141), which their rivals, the decretists, favoured. The decretalists were early compilers of the papal decretals, and their work, such as that of Simon of Bisignano (c. 1177), was used by the dominant decretist school.
The Catholic Church utilizes the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.
Paulus Hungarus was a Hungarian friar of the Dominican Order who lived during the thirteenth century, and is author of the Summa poenitentiae, Hungarus also annotated Compilatio I-III, a collection of Canon law. Hungarus planned a network of monasteries throughout the Kingdom of Hungary to act as a bulwark against heresy, one of which is the Church of the Dominican Monastery in Segesvár.