The "Liber Sextus."

Though Gregory IX. wished to supersede the _compilationes_, he had no

idea of superseding the _Decretum_ of Gratian, still less of codifying

the whole of the canon law. Though his collection is still in theory the

chief monument of ecclesiastical law, it only marked a certain stage and

was before long to receive further additions. The reason for this is

that in most cases the decretals did not formulate any law, but were

merely solutions of particular cases, given as models; to arrive at the

abstract law it was necessary to examine the solution in each case with

regard to the circumstances and thus formulate a rule; this was the work

of the canonists. The "decretalists" commented on the new collection, as

the "decretists" had done for that of Gratian; but the canonists were

not legislators: even the summaries which they placed at the head of the

chapters could not be adduced as legislative texts. The abstract law was

to be found rather in the _Summae_ of the canonists than in the

decretals. Two important results, however, were achieved: on the one

hand, supplementary collections on private authority ceased to be made,

for this Gregory IX. had forbidden; on the other hand, the collections

were no longer indefinitely swelled by the addition of new decisions in

particular cases, those already existing being enough to form a basis

for the codification of the abstract law; and for this reason subsequent

collections contain as a rule only the "constitutions" of popes or

councils, i.e. rules laid down as of general application. Hence arose a

separation, which became more and more marked, between legislation and

jurisprudence. This change was not produced suddenly, the old method

being at first adhered to. In 1245 Innocent IV. sent to the universities

a collection of 45 decretals, with the order that they should be

inserted under their proper titles in the collection of Gregory IX. In

1253 he sent a further list of the first words (_principia_) of the

complementary constitutions and decretals; but the result was

practically _nil_ and the popes gave up this system of successive

additions. It was, however, found expedient to publish a new official

collection. At the instance of the university of Bologna, Boniface

VIII., himself an eminent canonist, had this prepared by a committee of

canonists and published it in 1298. As it came as an addition to the

five books of Gregory IX., it was called the sixth book, the _Liber

Sextus_. It includes the constitutions subsequent to 1234, and notably

the decrees of the two ecumenical councils of Lyons, and is arranged in

books and titles, as above described; the last title, _de regulis

juris_, contains no less than eighty-eight legal axioms, mostly borrowed

from Roman law. The _Liber Sextus_ is cited like the decretals of

Gregory IX., only with the addition of: _in sexto_ (in VI^o.).

Encyclopaedia Britannica, 11th Edition, "Camorra" to "Cape Colony" Volume 5, Slice 2 · 第 26 / 39 题