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[PL = J. P. Migne, Patrologiae
cursus completus. Series 74T = The Collection in 74 Titles, in Materials Part VI] Main Canonic Collections Prior to 74 T: Dionysiana
(early 6th c.)—PL 67.139–316 In two parts: the first (2d ed.)
contains Greek councils from Nicea (315) to Chalcedon (451) and the ‘African
Codex’ of the council of Carthage (419); the second 39 decretal letters of
popes from Siricius (384–99) to Anastasius (496–98). Hispana
(1st ed. c. 633; 2d ed. c. 694) Contains, in chronological order,
the Greek councils, the African coucils, the Gaulish councils to 511 (549 in
2d ed.), the Spanish councils to 633 (694 in 2d ed.), 104 decretals up to
Gregory I (604). The
Tabula of the Hispana (mid-7th c.) arranges the canons in the following
titles: 1. Ordination, orders, the life of
the clergy 2. Monks, nuns, widows, public
penitents. 3. Church courts, trials, accusations,
etc., councils, church property 4. Liturgy, baptism 5. Marriage, sins of the flesh,
murder 6. Duties and moral conduct of
clergy and laity 7. The crown 8. Theological questions 9. Heresy 10. Idolatry, apostacy The
Penitentials (5th to 8th c.) — F. Wasserschleben, Die Bussordnungen der abendländischen Kirche ( From
an Irish Penitential of c.800 (McNeil and Gamer p. 165): “Ch.5 Of anger. 2 Anyone who kills his son or daughter does penance
twenty-one years. Anyone who kills his mother or father does penance fourteen
years. Anyone who kills his brother or sister or the sister of his mother or
father, or the brother of his father or mother, does penance ten years: and
this rule is to be followed to seven degrees both of the mother’s and
father’s kin — to the grandson and great-grandson and great-great-grandson,
and the sons of the great-great-grandson, as far as the finger-nails.... Seven
years of penance are assigned for all other homicides; excepting persons in
orders, such as a bishop or a priest, for the power to fix penance rests with
the king who is over the laity, and with the bishop, whether it be exile for
life, or penance for life. If the offender can pay fines, his penance is less
in proportion.” “Ch. 4 Of envy. 5.... There are four cases in which it is right to find
fault with the evil that is in a man who will not accept cure by means of
entreaty and kindness: either to prevent someone else from abetting him to
this evil; or to correct the evil itself; or to confirm the good; or out of
compassion for him who does the evil. But anyone who does not do it for one
of these four reasons, is a fault-finder, and does penance four days, or
recites the hundred and fifty psalms naked.” The
Hadriana. Basically the Dionysiana to which
have been added decretals of Hormisdas (d. 523) and canons of the Roman Synod
of 721. The new material is in PL 67.315–46. The collection was transmitted
to Charlemagne in 774 by Pope Hadrian, hence the name. The
Forgeries. Capitula Angilrami (c. 850) — P.
Hinschius, Decretales Pseudo-Isidorianae ( Capitularia Benedicti Levitae (c.
850) — PL97.598–912 Isidorus Mercator (c.850) —
Hinschius, supra Regino
of Prüm (c.900) — F. Wasserschleben, Reginonis
abbatis Prumiensis libri duo de synodalibus causis et disciplinis
ecclesiasticis ( Burchard
of 1. Papacy, metropolitans, bishops,
councils, appeals, etc. 2. The lower clergy 3. Church buildings, tithes, fees,
etc. 4. Baptism and Confirmation 5. Eucharist 6. Murder 7. Incest 8. Monks and nuns 9. Virgins, rape; marriage 10. Magic and sorcery 11. Excommunications: theft and
robbery 12. Perjury 13. Fasting 14. Gluttony and drunkenness 15. Emperors, princes and other
laity 16. Procedure in spiritual courts 17. Fornication and other forms of
immorality 18. Visitation and absolution of
the sick 19. A penitential, known as ‘The
Corrector’ and often published separately 20. Theological matters Regnum and Sacerdotium, 11th
through mid-12th Centuries The Reform Movement and the
Investiture Controversy:
The Collection in 74 Titles Organization of 74T 1. The Petrine supremacy—tit. 1–3 2. Monks—tit. 4 3. Accusatorial procedure—tit.
5–14 4. Qualifications for ecclesiastical
office—tit. 15–17 5. Bishops and priests (mode of
taking office)—tit. 18–21 6. Pope—tit. 22–24 7. Bishops—tit. 25–27 8. Priests—tit. 28 9. Sacraments—tit. 29–37 10. Heretics—tit. 38–39 11. Bishops—tit. 40–41 12. Clerics—tit. 42 13. Roman church—tit. 43–44 14. Bishop of 15. Clerics and nuns (54)—tit.
46–55 16. Penance—tit. 56 17. Laying charges—tit. 57 18. Clerics—tit. 58–61 19. Marriage—tit. 62–64 20. Canons of the synod of 721–-65 21. Selected capitula Angilrami-66 22. The finding of the cross—tit.
67 23. Outside the church—tit. 68–71 Gilchrist
suggests the following order (or themes): 1. The primacy of the Roman church
(tit. 1–2, 22–24, 43–44) 2. Procedure affecting the clergy
(tit. 5–14, 57) 3. Unworthy candidates for
clerical office (tit. 15–20) 4. Powers of the minister of the
church (tit. 25–37, 59, 62–64) Others
could perhaps be organized under these heads. Selections from 74T 1. The first thing that we might note is the the first three titles are tied together, constituting a juridical view of the papacy, perhaps a juridical view of the world. c. 1 (Deut. 17:8–13): If you perceive that
there is a hard and doubtful judgment among you between blood and blood,
cause and cause, and if you see the words of the judges do vary within your
gates, arise and go to the place which the Lord your God shall choose, and
come to the priests of the tribe of Levi and to him who shall be the judge at
that time, and ask of them and they shall show you the truth of the judgment.
And you shall do whatever they who preside in the place which the Lord has
chosen shall say, and what they shall teach you according to his law. You
shall follow their pronouncements and shall stray neither to the right nor to
the left. But he that shall be proud, refusing to obey the command of the
priest who at that time serves the Lord your God, and the decree of the
judge, that man shall die. And you shall take away wickedness from This is an important proof text in Talmudic commentary in period of 74T. It is just possible that the author of 74T got it from the Roman Jews. Later collectors, by and large, don’t use it. 2. tit.5: On the procedure for accusation and those who accuse. Every c. in this title is false. The theme is that the accuser must be a witness and that the ancient rules for witnesses apply. Laymen and clerics are separated. No accusation is valid if the accuser is unworthy. Focus on c.48 (Pseudo-Callixtus [217–22]): The character of accusers must be thoroughly examined. Never should they be received in writing and only with difficulty in person, because no one can be accused in writing, but everyone should make his own accusation in his own voice and in the presence of him whom he wants to accuse. Nor should any accuser be believed in the absence of the person whom he wishes to accuse. Similarly, witnesses should not proffer any testimony in writing, but, being present, they should give true testimony of what they have seen and know, nor should they give testimony about other cases or matters, unless about those things that are known to have happened in their presence. Also, accusers related by blood should not give testimony against outsiders, nor should servants or members of the same household, but if they desire and mutually consent, relatives may testify against one another, though not against others. Nor should suspect accusers or witnesses be received, because the influence of relationship, friendship and lordship often impedes the truth. Carnal love, fear, and avarice very often dull the human senses and pervert opinions in such a way that they consider profit a virtue and money a reward for prudence. 3. tit.10: On the judgment and trial of bishops. It’s almost impossible to convict a bishop. Focus on c.84 (Pseudo-Zephyrinus [198-217]): Patriarchs or primates examining an accused bishop may not pass a definitive sentence before they have consulted the apostolic authority, or [before] the accused confesses his guilt, or is convicted by the testimony of reliable and properly examined witnesses. These witnesses should not be fewer in number than those disciples whom the Lord chose to assist the apostles, that is, seventy-two. Regnum and Sacerdotium, mid-12th
through 13th Centuries [I do
not intend to cover this material in this class. I include it here because it
forms an important part of the background of what is to follow.] Empire and Papacy—Alexander III
to Boniface VIII: 1159–1181—Pope Alexander III (controversy with Frederick I (Barbarosa) (emperor, 1152–1190; controversy with Henry II of England (1154–1189) leading to the martyrdom of Thomas Becket (archbishop of Canterbury, 1162–1170); Third Lateran Council (1179); development of the institution of papal judges delegate; large number of decretal letters) 1198–1216—Pope Innocent III ( 1227–1241—Pope Gregory IX (relaxes pressure on Frederick II (emperor, 1211–1250); Decretals published (1234)) 1243–1254—Pope Innocent IV (deposes Frederick II at Council of Lyons (1245); with Frederick’s death in 1250 northern Italian Guelfs and Angevins (followers of Charles of Anjou, brother of Louis IX of France (1226–1270), and king of Naples and Sicily, 1268–1282) drive imperial power from Italy) 1294–1303—Pope
Boniface VIII (struggle with Philip the Fair of France (1285–1314) ends with
the pope’s death; the papacy now becomes subject to the power of Popes, Emperors and Kings:
The View from 1066
X 1087 — Ordinance of Conqueror separating secular from ecclesiatical courts 1097–1107
— Investiture Controversy, Anselm of Bec and Henry I 1064–1072
— The Becket Controversy 1064
— The Constitutions of Clarendon December
29, 1170 — Martyrdom of Becket 1172
— Compromise of Avranches |
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