Dictatus papae is a compilation of 27 statements of powers arrogated to the pope, included in Pope Gregory VII's register under the year 1075. The principles expressed in Dictatus papae are those of the Gregorian Reform, initiated by Gregory decades before he became pope; the axioms of the Dictatus advance the strongest case for papal infallibility. The axiom "That it may be permitted to him to depose emperors" qualified the early medieval balance of power embodied in the letter Famuli vestrae pietatis of Pope Gelasius I to the Eastern Roman Emperor Anastasius, which outlined the separation and complementarity of spiritual and temporal powers - auctoritas and potestas or imperium, the former being superior to the latter - under which the West had been ruled since Merovingian times. "None of the conflicts of the years 1075 and following can be directly traced to opposition to it". Medieval developments of the relationship between spiritual and secular power would come with Pope Boniface VIII, who famously formulated the image of the two swords in the papal bull Unam Sanctam.
Dictatus Papae is a heading in the letter-collection that implies that the pope composed the piece himself. It does not mean any kind of a manifesto, it was not published, in the sense of being copied and made known outside the immediate circle of the papal curia. Some historians believe that it was written or dictated by Gregory himself, others that it had a different origin and was inserted in the register at a date. In 1087 Deusdedit, a cardinal and ally of Gregory, published a collection of decretals, dedicated to Pope Victor III, that embodied the law of the Church – canon law – which he had compiled from many sources, both legitimate and false; the Dictatus papae agrees so with this collection that some have argued the Dictatus must have been based on it. The Roman Church was founded by God. Only the Pope can with right be called "Universal", he alone can reinstate bishops. All bishops are below his Legate in council if a lower grade, he can pass sentence of deposition against them; the Pope may depose the absent.
Among other things, we ought not to remain in the same house with those excommunicated by him. For him alone is it lawful, according to the needs of the time, to make new laws, to assemble together new congregations, to make an abbey of a canonry, and, on the other hand, to divide a rich bishopric and unite the poor ones, he alone may use the Imperial Insignia. All princes shall kiss the feet of the Pope alone, his name alone shall be spoken in the churches. This is the only name in the world, it may be permitted to him to depose emperors. It may be permitted to him to transfer bishops, he has the power to ordain the clerk of any parish. He, ordained by the Pope may preside over another church, but may not hold a subordinate position; such a person may not receive a higher clerical grade from any other bishop. No synod shall be called a'General Synod' without his order. No chapter and no book shall be considered canonical without his authority. A sentence passed by him may be retracted by no one, he alone may retract it.
He himself may be judged by no one. No one shall dare to condemn any person; the more important cases of every church should be referred to the Apostolic See. The Roman Church has never erred. Nor will it err, to all eternity--Scripture being witness; the Roman Pontiff, if he has been canonically ordained, is undoubtedly made a saint by the merits of St. Peter, St. Ennodius Bishop of Pavia bearing witness, many holy fathers agreeing with him; as it is contained in the decrees of Pope St. Symmachus. By his command and consent, it may be lawful for subordinates to bring accusations, he may reinstate bishops without assembling a Synod. He, not at peace with the Roman Church shall not be considered'catholic', he may absolve subjects from their fealty to wicked men. Apostasy Heresy Libertas ecclesiae Das Register Gregors. VII, ed. E. Caspar, pp. 202–8: section translated by G. A. Loud
Decretales Gregorii IX
The Decretals of Gregory IX collectively called the Liber extra, are an important source of medieval Canon Law. In 1230, Pope Gregory IX ordered his chaplain and confessor, St. Raymond of Penyafort, a Dominican, to form a new canonical collection destined to replace all former collections, it has been said that the pope by this measure wished to emphasize his power over the Universal Church. The papacy had arrived at the zenith of its power. Moreover, a pope less favourably circumstanced would not have thought of so important a measure; the utility of a new collection was so evident that there may be no other motives than those the pope gives in the Bull "Rex pacificus" of 5 September 1234, viz. the inconvenience of recurring to several collections containing decisions most diverse and sometimes contradictory, exhibiting in some cases gaps and in others tedious length. The Quinque compilationes antiquæ was a series of five of these collections of pontifical legislation from the Decretum of Gratian to the pontificate of Honorius III.
Raymond executed the work in about four years, followed in it the method of the Quinque compilationes antiquæ. He borrowed from them the order of the subject-matter, the division into five books, of the books into titles and of the titles into chapters. Of the 1971 chapters the Decretals of Gregory IX contain, 1771 are from the Quinque compilationes antiquæ, 191 are from Gregory IX himself, seven from decretals of Innocent III not inserted in the former collections, two are of unknown origin, they are arranged according to the order of the ancient collections, i.e. each title opens with the chapters of the first collection, followed by those of the second, so on in regular order. Next come those of Innocent III, those of Gregory IX. All the rubrics, or headings of the titles, have been borrowed from these collections, but several have been modified as regards detail; this method lightened St. Raymond's task. However, he did more than compile the documents of former collections, he left out 383 decisions, modified several others, omitted parts when he considered it prudent to do so, filled up the gaps, to render his collection complete and concordant, cleared up doubtful points of the ancient ecclesiastical law by adding some new decretals.
He indicated by infra the passages excised by him in the former collections. They are called partes decisae; the new compilation bore no special title, but was called "Decretales Gregorii IX" or sometimes "Compilatio sexta", i. e. the sixth collection with reference to the "Quinque compilationes antiquæ". It was called "Collectio seu liber extra", i. e. the collection of the laws not contained in the "Decretum" of Gratian. Hence the custom of denoting this collection by the letter X. Quotations from this collection are made by indicating the number of the chapter, the name the work goes by, the number of the book, that of the title; the heading of the title and sometimes the first words of the chapter are quoted. 3, X, III, 23", or "c. Odoardus, X, De solutionibus, HI, 23", refers to the third chapter, commencing with the word Odoardus, in the Decretals of Gregory IX, book III, title 23, entitled "De solutionibus". If the number of the chapter or of the title is not indicated it will be learned on consulting the alphabetical indexes of the rubrics and of the introductory words of the chapters, which are to be found in all editions of the "Corpus Juris Canonici".
Gregory IX sent this new collection to the Universities of Bologna and Paris, declared, by the Bull "Rex pacificus" of 5 September 1234, that this compilation was the official code of the canon law. All its decisions had the force of canon law whether they were authentic or not, whatever the juridical value of the texts considered in themselves, whatsoever the original text, it is a unique collection. In this peculiar case it is not possible to overcome the difficulty by recourse to the principle that a law of date abrogates that of an earlier period, it is an exclusive collection, i.e. it abrogates all the collections the official ones, of a date than the "Decretum" of Gratian. Some authors maintain that Gregory IX abrogated those laws prior to Gratian's time that the latter had not included in his "Decretum", but others contest this opinion; the Decretals of Gregory IX differ from modern codes. Instead of containing in one concise statement a legislative decision, they start with an account of a controversy, the allegations of the parties in dispute, a demand or the solution of the question.
The enacting part of the chapter alone has the force of law. The rubrics of the titles have the force of law when their sense is complete, as for instance, Ne sede vacante aliquid innovetur, because the headings form an integral part of the official code of the laws. However, they ought always to be interpreted according to the decisions contained in the chapters; the historical indications concerning each chapter are far from being exact since they were corrected in the Roman edition of 1582. It may be regretted that St. Raymond did not ha
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 the pope's prerogative in the secular sphere. However, during the thirteenth century the pope's plenitudo potestatis expanded as the Church became centralized, the pope's presence made itself felt every day in legislation, judicial appeals, finance. Although Plenitudo potestatis had been used in canonical writings since the time of Pope Leo I, Pope Innocent III was the first pope to use the term as a description of papal governmental power. Many historians have concluded; the pope was the highest judge in the Church. His decisions were absolute and could not be abrogated by inferior members of the ecclesiastical hierarchy. Hof, Hans, "Plenitudo potestatis und imitatio imperii zur Zeit Innocenz III", Zeitschrift für katholische Theologie, 77, 1954-1955, p. 39-71.
Watt, John A. "The Use of the Term plenitudo potestatis by Hostiensis", dans Proceedings of the Second International Congress of Medieval Canon Law, éd. S. Kuttner, J. J. Ryan, Cité du Vatican, BAV, 1965, p. 161-187. Benson, Robert L. "Plenitudo potestatis: Evolution of a Formula from Gregory VII to Gratian", dans Collectanea Stephan Kuttner. Studia Gratiana 14, 1967, p. 195-217. McCready, William D. "Papal Plenitudo Potestatis and the Source of Temporal Authority in Late Medieval Papal Hierocratic Theory", Speculum 48, 1973, p. 654-674. Marchetto, Agostino, "In partem sollicitudinis… non in plenitudinem potestatis: evoluzione di una formula di rapporto primato-episcopato", dans Studia in honorem eminentissimi cardinalis Alphonsi M. Stickler, éd. R. J. Castillo Lara, Libreria Ateneo Salesiano, 1992, p. 269-298. Kéry, Lotte, "De plenitudo potestatis sed non de jure. Eine inquisitio von 1209/1210 gegen Abt Walter von Corbie", dans Licet preter solitum. Ludwig Falkenstein zum 65. Geburtstag, éd. L. Kéry, D. Lohrmann, H. Müller, Aix-la-Chapelle, Shaker Verlag, 1998, p. 91-117.
Recchia, Alessandro, "L'uso della formula plenitudo potestatis da Leone Magno ad Uguccione da Pisa", Mursia, 1999. Schmidt, Hans-Joachim, "The Papal and Imperial Concept of plenitudo potestatis: the Influence of Pope Innocent III on Emperor Frederick II"", dans Pope Innocent III and his World, éd. J. C. Moore, Ashgate, 1999, p. 305-314. Julien Théry, « Innocent III et les débuts de la théocratie pontificale», dans Mémoire dominicaine, 21, p. 33-37. Julien Théry, « Le triomphe de la théocratie pontificale, du IIIe concile du Latran au pontificat de Boniface VIII », in Structures et dynamiques religieuses dans les sociétés de l’Occident latin, ed. by Marie-Madeleine de Cevins et Jean-Michel Matz, Rennes: Presses Universitaires de Rennes, 2010, p. 17-31, online. Rizzi, Marco "Plenitudo potestatis. Dalla teologia politica alla teoria dello stato assoluto", dans Images, liturgies. Les connotations politiques du message religieux, éd. P. Ventrone, L. Gaffuri, Paris, École Française de Rome, Publications de la Sorbonne, 2014, p. 49-60.
Julien Théry-Astruc, « Introduction », in Innocent III et le Midi, Privat, 2015, p. 11-35, online
The title canon Episcopi is conventionally given to a certain passage found in medieval canon law. The text originates in an early 10th-century penitential, recorded by Regino of Prüm, it is an important source on folk belief and surviving pagan customs in Francia on the eve of the formation of the Holy Roman Empire. The folk beliefs described in the text reflect the residue of pre-Christian beliefs at about one century after the Carolingian Empire had been Christianized, its condemnation of the belief in witchcraft was an important argument used by the opponents of the witch trials during the 16th century, such as Johann Weyer. The conventional title "canon Episcopi" is based on the text's incipit, was current from at least the 17th century, it is first attested in the Libri de synodalibus causis et disciplinis ecclesiasticis composed by Regino of Prüm around 906. It was included in Burchard of an early attempt at collecting all of Canon law; the text was adopted in the Decretum of Ivo of Chartres and in Gratian's authoritative Corpus juris canonici of c.
1140. Because it was included in Gratian's compilation the text was treated as canon law for the remaining part of the High Middle Ages, until Roman Catholic views on European witchcraft began to change in the late medieval period; the text of Gratian is not the same as the one used by Burchard, the distinctive features of the Corrector text were thus not transmitted to times. The text of Regino of Prüm was edited in Patrologia Latina, volume 132; the text of Burchard's Corrector has been separately edited by Wasserschleben, again by Schmitz. The incipit of Gratian's text, which gave rise to the title of "canon Episcopi" reads: Episcopi, eorumque ministri omnibus modis elaborare studeant, ut perniciosam et a diabolo inventam sortilegam et magicam artem ex parochiis suis penitus eradicent, et si aliquem virum aut mulierem hujuscemodi sceleris sectatorem invenerint, turpiter dehonestatum de parochiis suis ejiciant. "The bishops and their ministers should by all means make great effort so that they may eradicate the pernicious art of divination and magic, invented by the devil, from their parishes, if they find any man or woman adhering to such a crime, they should eject them, turpidly dishonoured, from their parishes."This condemnation the "pernicious art of divination and magic" is justified by a reference to Titus 3:10-11 on heresy.
Follows a description of the errors of "certain wicked women", who deceived by Satan believe themselves to join the train of the pagan goddess Diana during the hours of the night, to cover great distances within a multitude of women riding on beasts, during certain nights to be called to the service of their mistress. Those holding such beliefs are condemned by the text in no uncertain terms, deploring the great number of people who "relapse into pagan error" by holding such beliefs; because of this, the text instructs that all priests should teach at every possible instant that such beliefs are phantasms inspired by an evil spirit. The following paragraph presents an account of the means by which Satan takes possession of the minds of these women by appearing to them in numerous forms, how once he holds captive their minds, deludes them by means of dreams; the text emphasizes that the heretic belief is to hold that these transformations occur in the body, while they are in reality dream visions inspired in the mind.
The text proposes that it is normal to have nightly visions in which one sees things that are never seen while awake, but that it is a great stupidity to believe that the events experienced in the dream vision have taken place in the body. Examples are adduced, of Ezechiel having his prophetic visions in spirit, not in body, of the Apocalypse of John, seen in spirit, not in body, of Paul of Tarsus, who describes the events at Damascus as a vision, not as a bodily encounter; the text concludes by repeating that it should be publicly preached that all those holding such beliefs have lost their faith, believing not in God but in the devil, whosoever believes that it is possible to transform themselves into a different kind of creature, is far more wavering than an infidel. The Canon Episcopi has received a great deal of attention from historians of the witch craze period as early documentation of the Catholic church's theological position on the question of witchcraft; the position taken by the author is that these "rides of Diana" did not exist, that they are deceptions, dreams or phantasms.
It is the belief in the reality of such deceptions, considered a heresy worthy of excommunication. The position here is that the devil is real, creating delusions in the mind, but that the delusions do not have bodily reality; this s
Collectiones canonum Dionysianae
The Collectiones canonum Dionysianae are the several collections of ancient canons prepared by the Scythian monk Dionysius'the humble'. They include the Collectio conciliorum Dionysiana I, the Collectio conciliorum Dionysiana II, the Collectio decretalium Dionysiana, they are of the utmost importance for the development of the canon law tradition in the West. Towards 500 a Scythian monk, known as Dionysius Exiguus, who had come to Rome after the death of Pope Gelasius, and, well skilled in both Latin and Greek, undertook to bring out a more exact translation of the canons of the Greek councils. In a second effort he collected papal decretals from Siricius to Anastasius II, anterior therefore, to Pope Symmachus. By order of Pope Hormisdas, Dionysius made a third collection, in which he included the original text of all the canons of the Greek councils, together with a Latin version of the same, he combined the first and second in one collection, which thus united the canons of the councils and the papal decretals.
This collection opens with a table or list of titles, each of, afterwards repeated before the respective canons. This first part of the collection is closed by a letter of Pope Boniface I, read at the same council, letters of Cyril of Alexandria and Atticus of Constantinople to the African Fathers, a letter of Pope Celestine I; the second part of the collection opens with a preface, in the shape of a letter to the priest Julian, a table of titles. The additions met with in Voel and Justel are taken from inferior manuscripts. Shortly after the year 500, during the pontificate of Pope Symmachus, Dionysius collected and translated into Latin the canons of the major eastern councils, including the so-called Canones apostolorum, the decrees of the councils of Nicaea, Neocaesarea, Antioch, Constantinople, Sardica and the so-called Codex Apiarii causae, the last being a collection of dossiers that includes the canons and acts pertaining to the council held in Carthage on 25 May, 419. Dionysius did this at the request of Stephen, bishop of Salona, a certain'dearest brother Laurence' who had been'offended by the awkwardness of the older translation'.
It is not certain, but it may have been within the context of the Symmachan-Laurentian dispute that these requests were made of Dionysius. Eckhard Wirbelauer, reviving several older arguments, has argued that Dionysius's collection was meant to stand in direct opposition to the views of Pope Symmachus, thus it was to have won neither the favour nor acceptance of that pope, nor his immediate successor and strong supporter, Pope Hormisdas. Shortly after preparing his first collection of conciliar canons, Dionysius prepared a second recension of the same name, to which he made important changes, he updated his translations, altered rubrics, most introduced a system of numbering the canons in sequence. In the Dionysiana II the Canones apostolorum were still numbered separately from 1 to 50, but now the canons of Nicaea to Constantinople were numbered in sequence from I to CLXV,'just"as is found in the Greek authority', in Dionysius’s Greek exemplar. Dionysius altered the position of Chalcedon, moving it from after the Codex Apiarii to before Sardica, removed the versio Attici of the canons of Nicaea from Codex Apiarii.
He added an important collection of African canons to his second recension. Known today as the Registri ecclesiae Carthaginensis excerpta, this'large body of conciliar legislation from the earlier Aurelian councils' was inserted by Dionysius into the middle of the Codex Apiarii ―, between the canons and the letters of the 419 Council of Carthage ― with the fabricated prefatory statement:'and in that synod were recited the various councils of the African province, celebrated in bygone days of Bishop Aurelius'. Thus, the 137'African' canons that make up Registri ecclesiae Carthaginensis excerpta in the Dionysiana II are a concoction of Dionysius's, a conflation of two earlier canonical collections of the African church; the existence of a third bilingual collection of conciliar canons, in which Dionysius removed the spurious Canones apostolorum along with the'African' canons and the problematic canons of Sardica, can be deduced from a preface now extant in Novara, Biblioteca Capitolare, XXX.
No copies of the text of this recension have survived. The fact that Pope Hormisdas, noted supporter of the previous pope Symmachus, commissioned this collection from Dionysius is sign
Collectio canonum Wigorniensis
The Collectio canonum Wigorniensis is a medieval canon law collection originating in southern England around the year 1005. It exists in multiple recensions, the earliest of which — "Recension A" — consists of just over 100 canons drawn from a variety of sources, most predominantly the ninth-century Frankish collection of penitential and canon law known as the Collectio canonum quadripartita; the author of Recension A is unknown. Other recensions exist later in date than the first; these recensions are extensions and augmentations of Recension A, are known collectively as "Recension B". These recensions all bear the unmistakable mark of having been created by Wulfstan, bishop of Worcester and archbishop of York sometime around the year 1008, though some of them may have been compiled as late as 1023, the year of Wulfstan's death; the collection treats a range of ecclesiastical and lay subjects, such as clerical discipline, church administration and clerical penance and private penance, as well as a variety of spiritual and catechistic matters.
Several "canons" in the collection verge on the character of sermons or expository texts rather than church canons in the traditional sense. Cross and Hamer's edition, Wulfstan's canon law collection Thorpe's edition in vol. 2 of his Ancient laws and institutes Johnson's English translation in his A collection of all the ecclesiastical laws Spelman's editio princeps in his Concilia, leges, constitutiones Discussion on the Anglo-Saxon canon law Web site A comprehensive edition of the canonical material in Cambridge, Corpus 265 A comprehensive edition of the canonical material in the Oxford manuscript A comprehensive edition of the canonical material in the London manuscript A comprehensive edition of the canonical material in Cambridge, Corpus 190 P. Wormald, The making of English law: King Alfred to the twelfth century. Vol. I: legislation and its limits. Wulfstan’s canon law collection, eds J. E. Cross and A. Hamer, Anglo-Saxon texts 1. A Wulfstan manuscript, containing institutes and homilies, ed. H.
R. Loyn, Early English manuscripts in facsimile 17
A nomocanon is a collection of ecclesiastical law, consisting of the elements from both the Civil law and the Canon law. Nomocanons form part of the Oriental canon law of the Eastern Catholic Churches, are used by the Eastern Orthodox Churches. Collections of this kind were found only in Oriental canon law; the Greek Church has two principal nomocanonical collections. The first nomocanon, in the sixth century, is ascribed, though without certainty, to John Scholasticus, whose canons it utilizes and completes, he had drawn up a purely canonical compilation in 50 titles, composed an extract from the Justinian's Novellae in 87 chapters that relate the ecclesiastical matters. To each of the 50 titles was added the texts of the imperial laws on the same subject, with 21 additional chapters, nearly all borrowed from John's 87 chapters, thus the Nomocanon of John Scholasticus was made. The second nomocanon dates from the reign of the Byzantine Emperor Heraclius, at which time Latin was replaced by Greek as the official language of the imperial laws.
It was made by fusion of Canonic syntagma. Afterwards, this collection would be known as Nomocanon in 14 titles; this nomocanon was long held in esteem and passed into the Russian Church, but it was by degrees supplanted by Nomocanon of Photios in 883. The great systematic compiler of the Eastern Church, who occupies a similar position to that of Gratian in the West, was Photius, Patriarch of Constantinople in the 9th century, his collection in two parts—a chronologically ordered compilation of synodical canons and a revision of the Nomocanon—formed and still forms the classic source of ancient Church Law for the Greek Church. It was Nomocanon in 14 titles with the addition of 102 canons of Trullan Council, 17 canons of the Council of Constantinople of 861, three canons substituted by Photios for those of the Council of Constantinople in 869. Nomocanon in 14 titles was completed with the more recent imperial laws; this whole collection was commentated about 1170 by Theodore Balsamon, Greek Patriarch of Antioch residing at Constantinople.
Nomocanon of Photios was supplemented by this commentary and became Pedalion, a sort of Corpus Juris of the Eastern Orthodox Church, printed in 1800 by Patriarch Neophytos VII. Nomocanon of Photios retained in the law of the Greek Church and it was included in Syntagma, published by Rallis and Potlis. Though called Syntagma, the collection of ecclesiastical law of Matthew Blastares in 1335) is the real nomocanon, in which the texts of the laws and the canons are arranged in alphabetical order; the Nomocanon of Saint Sava or was the first Serbian constitution and the highest code in the Serbian Orthodox Church, finished in 1219. This legal act was well developed. St. Sava's Nomocanon was the compilation of Civil law, based on Roman Law and Canon law, based on Ecumenical Councils and its basic purpose was to organize functioning of the young Serbian kingdom and the Serbian church. During the Nemanjić dynasty Serbian medieval state was flourishing in the spheres of politics and culture; as the state developed the industry developed, so the law had to regulate various number of relations.
Therefore, with the development of economy, Roman Law was taken. In that time Serbia was not a tsarish empire, so its ruler could not create code of laws, which would regulate the relations in the state and church. Serbian rulers decrees. In order to overcome this problem and organize legal system, after acquiring religious independence, Saint Sava finished his Zakonopravilo in 1219. Zakonopravilo was accepted in Bulgaria and Russia, it was printed in Moscow in the 17th century. So, Roman-Byzantine law was transplanting among East Europe through Zakonopravilo. In Serbia, it was considered as the code of the divine law and it was implemented into Dušan's code, it was the only code among Serbs in the time of the Ottoman reign. During the Serbian Revolution priest Mateja Nenadović established Zakonopravilo as the code of the liberated Serbia, it was implemented in Serbian civil code. Zakonopravilo is still used in the Serbian Orthodox Church as the highest church code. Kormchaia Dušan's Code Serbian Empire Serbia in the Middle Ages Corpus Juris Civilis Constitution The entry of the Slavs into Christendom The Late Medieval Balkans: A Critical Survey from the Late Twelfth Century Herbermann, Charles, ed..
"Nomocanon". Catholic Encyclopedia. New York: Robert Appleton Company; this article incorporates text from a publication now in the public domain: Herbermann, Charles, ed.. "Nomocanon". Catholic Encyclopedia. New York: Robert Appleton