"Compilatio tertia."
"Secunda."
"Quarta."
"Quinta."
There were numerous collections of this kind towards the end of the 12th
and at the beginning of the 13th century. Passing over the first
_Additiones_ to the _Decretum_ and the _Appendix concilii Lateranensis_
(council of 1179), we will speak only of the _Quinque compilationes_,[26]
which served as a basis for the works of Raymond of Pennaforte. The first
and most important is the work of Bernard, provost and afterwards bishop
of Pavia, namely, the _Breviarium extravagantium_, compiled about 1190;
it included the decretals from Alexander III. to Clement III., together
with certain "useful chapters" omitted by Gratian. The important feature
of the book is the arrangement of the decretals or sections of decretals
in five books, divided into titles (_tituli_) logically arranged. The
five books treat of (1) ecclesiastical persons and dignitaries or judges;
(2) procedure; (3) rights, duties and property of the clergy, i.e.
benefices, dues, sacraments, &c., with the exception of marriage, which
is the subject of book (4); (5) of penalties. There is a well-known
hexameter summing up this division:
_Judex, judicium, clerus, connubia, crimen._
This is the division adopted in all the official collections of the
_Corpus juris_. By a bull of the 28th of December 1210 Innocent III.
sent to the university of Bologna an authentic collection of the
decretals issued during the first twelve years of his pontificate; this
collection he had caused to be drawn up by his notary, Petrus
Collivacinus of Benevento, his object being to supersede the collections
in circulation, which were incomplete and to a certain extent spurious.
This was the _Compilatio tertia_; for soon after, Joannes Galensis (John
of Wales) collected the decretals published between the collection of
Bernard of Pavia and the pontificate of Innocent III.; and this, though
of later date, became known as the _Compilatio secunda_. The _quarta_,
the author of which is unknown, contained the decretals of the last six
years of Innocent III., and the important decrees of the Lateran council
of 1215. Finally, in 1226, Honorius III. made an official presentation
to Bologna of his own decretals, this forming the _Compilatio quinta_.
Decretals of Gregory IX.
The result of all these supplements to Gratian's work, apart from the
inconvenience caused by their being so scattered, was the accumulation
of a mass of material almost as considerable as the _Decretum_ itself,
from which they tended to split off and form an independent whole,
embodying as they did the latest state of the law. From 1230 Gregory IX.
wished to remedy this condition of affairs, and gave to his
penitentionary, the Dominican Raymond of Pennaforte, the task of
condensing the five compilations in use into a single collection, freed
from useless and redundant documents. The work was finished in 1234, and
was at once sent by the pope to Bologna with the bull _Rex pacificus_,
declaring it to be official. Raymond adopts Bernard of Pavia's division
into five books and into titles; in each title he arranges the decretals
in chronological order, cutting out those which merely repeat one
another and the less germane parts of those which he preserves; but
these _partes decisae_, indicated by the words "_et infra_" or "_et j,_"
are none the less very useful and have been printed in recent editions.
Raymond does not attempt any original work; to the texts already
included in the _Quinque compilationes_, he adds only nine decretals of
Innocent III. and 196 chapters of Gregory IX. This first official code
was the basis of the second part of the _Corpus juris canonici_. The
collection of Gregory IX. is cited as follows: the opening words of the
chapter are given, or else its order or number, then the title to which
it belongs; earlier scholars added X (_extra_); nowadays, this
indication is omitted, and the order or number of the title in the book
is given instead, e.g. _Quum olim, de Consuetudine_, X.; or cap. 6, _de
consuet._ (I. iv.); that is to say, book I., title iv., _de
consuetudine_, chapter 6, beginning with the words _Quum olim_.
Their relation to the general law.