Decretalist
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Decretalist
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.Rhidian Jones, ''The Canon Law of the Roman Catholic Church and the Church of England: A Handbook'' (T&T Clark, 2000), 45–46. 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."Decretalist", '' New Catholic Encyclopedia'' (Gale, 2002). The decretalist practice can be divided into three periods. The first (''c''. 1160–1200) is characterised by the collection of decretals; the second (''c''. 1200–1234) by the organisation of the collections and the first signs of decretal exegesis; and the final (1234–1348) by extensive exegesis an ...
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Canon Law (Catholic Church)
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches ''.'' Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with ...
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Decretals
Decretals ( la, litterae decretales) are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.McGurk. ''Dictionary of Medieval Terms''. p. 10 They are generally given in answer to consultations but are sometimes given due to the initiative of the pope himself. These furnish, with the canons of the councils, the chief source of the legislation of the Church, and formed the greater part of the ''Corpus Iuris Canonici'' before they were formally replaced by the ''Codex Iuris Canonici'' of 1917. However, Cardinal Pietro Gasparri led the papal commission for the revision of canon law and later on published a guide to the ''fontes'' (sources) used in the 1917 code. Many canons in this code can easily be retraced in their relationship to and dependency on medieval decretals as well as Roman law. In themselves, the medieval decretals form a very special source which throws light on medieval conflicts and the approaches to their solution. They are somet ...
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Popes
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Catholic Church, and has also served as the head of state or sovereign of the Papal States and later the Vatican City State since the eighth century. From a Catholic viewpoint, the primacy of the bishop of Rome is largely derived from his role as the apostolic successor to Saint Peter, to whom primacy was conferred by Jesus, who gave Peter the Keys of Heaven and the powers of "binding and loosing", naming him as the "rock" upon which the Church would be built. The current pope is Francis, who was elected on 13 March 2013. While his office is called the papacy, the jurisdiction of the episcopal see is called the Holy See. It is the Holy See that is the sovereign entity by international law headquartered in the distinctively independent Vatican ...
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Decretum Gratiani
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. Overview In the first half of the 12th century Gratian, ''clusinus episcopus'',Reali, Francesco (ed.), Graziano da Chiusi e la sua opera, 2009, pg. 63-73 and pg. 244 has found and re-evaluated a Kalendarium of the Sienese Church owned by the Library of the Intronati of Siena (Ms FI2, f. 5v) in which, in Carolina minuscule writing with a ...
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Decretists
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" (''concordia discordantium canonum''), and they worked towards this through glosses (''glossae'') and summaries (''summae'') on Gratian.Rhidian Jones, ''The Canon Law of the Roman Catholic Church and the Church of England: A Handbook'' (T&T Clark, 2000), 45–46. They are contrasted with the decretalists, whose work primarily focused on papal decretals. Early decretists of the Italian school include Paucapalea, a pupil of Gratian's; Rufinus, who wrote the ''Summa Decretorum''; and Huguccio, who wrote the ''Summa super Decreta'', the most extensive decretist work. There was also a French school of decretists starting with Stephen of Tournai Stephen of Tournai, (18 March 1128 - 11 September 1203), was a Canon regular of Sainte-Geneviève (Paris), and Roman Catholic canonist who became bishop of Tourna ...
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Simon Of Bisignano
Simon of Bisignano was a teacher of canon law in Bologna in the 1170s. He composed a ''Summa'' on the Decretum Gratiani between March 1177 and March 1179. Like Paucapalea, he, too, might have been a student of Gratian Gratian (; la, Gratianus; 18 April 359 – 25 August 383) was emperor of the Western Roman Empire from 367 to 383. The eldest son of Valentinian I, Gratian accompanied his father on several campaigns along the Rhine and Danube frontiers and w ... himself.J.F. von Schulte, Die Geschichte der Quellen und Literatur des Canonischen Rechts von Gratian bis auf die Gegenwart, 3 vols, Stuttgart 1875-1880, I, p. 141. Notes {{DEFAULTSORT:Bisignano, Simon of People from Calabria 12th-century Italian jurists ...
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New Catholic Encyclopedia
The ''New Catholic Encyclopedia'' (NCE) is a multi-volume reference work on Roman Catholic history and belief edited by the faculty of The Catholic University of America. The NCE was originally published by McGraw-Hill in 1967. A second edition, which gave up the articles more reminiscent of a general encyclopedia, was published in 2002. It was intended by the faculty to become, like its predecessor the 1914 ''Catholic Encyclopedia'', a standard reference work for students, teachers, librarians, journalists, and general readers interested in the history, doctrine, practices, and people of the Catholic faith. However, unlike its predecessor, its first edition also contained more general articles on science, education, and the liberal arts. The 2002 edition of the NCE was listed as one of ''Library Journal''s "Best Reference Sources" for 2003. First edition The original ''Catholic Encyclopedia'' was published between 1907 and 1914, first by the Robert Appleton Company, which was ...
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Bernard Of Pavia
Bernardus Papiensis (pre-1150 – 18 September 1213) 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. Background Papiensis' very extensive works on the canon law helped elevate canon law to a legal system in its own right, taught at universities, that was recognised to change over time. In particular, Papiensis is renowned for his "Breviarium extravagantium" (later called "Compilatio prima antiqua"), a collection of canonical texts comprising ancient canons not inserted in the "Decretum" of Gratian and also later documents. The work was compiled between 1187 and 1191, and was edited by Friedberg (''Quinque compilationes antiquæ'', 1882). Papiensis is the author of a "Summa Summa and its diminutive summula (plural ''summae'' and ''summ ...
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Henry Of Susa
Henry of Segusio, usually called Hostiensis, (c. 1200 – 6 or 7 November 1271) was an Italian canonist of the thirteenth century, born at Susa (Segusio), in the ancient Diocese of Turin. He died at Lyon. Life He undertook the study of Roman law and canon law at Bologna, where he seems to have taught Canon Law, and to have taken his degree ''utriusque juris''. He taught canon law at Paris, and spent some time in England, whence King Henry III sent him on a mission to Innocent IV. Later he became Provost of the Cathedral Chapter of Antibes, and chaplain to the pope. He was promoted to the See of Sisteron in 1244, afterwards to the Archdiocese of Embrun in 1250. In 1259 he replaced the captured Filippo da Pistoia as papal legate in Lombardy. He became Cardinal Bishop of Ostia and Velletri on 22 May 1262, whence his name ''Hostiensis''. His health forced him to leave the conclave of 1268-1271, though he remained at Viterbo. He was not present at the compromise election of Teda ...
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Roman Law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis f ...
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Bernardus Papiensis
Bernardus Papiensis (pre-1150 – 18 September 1213) 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. Background Papiensis' very extensive works on the canon law helped elevate canon law to a legal system in its own right, taught at universities, that was recognised to change over time. In particular, Papiensis is renowned for his "Breviarium extravagantium" (later called "Compilatio prima antiqua"), a collection of canonical texts comprising ancient canons not inserted in the "Decretum" of Gratian and also later documents. The work was compiled between 1187 and 1191, and was edited by Friedberg (''Quinque compilationes antiquæ'', 1882). Papiensis is the author of a "Summa Summa and its diminutive summula (plural ''summae'' and ''summ ...
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Medieval Law
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire and transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralized authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the Middle East—most recently part of the Eastern Roman ...
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