The "Summae."

The history of the canonical collections forming the _Corpus juris_

would not be complete without an account of the labours of which they

were the object. We know that the universities of the middle ages

contained a Faculty of Decrees, with or without a Faculty of Laws, i.e.

civil law. The former made _doctores decretorum_, the latter _doctores

legum_. The teaching of the _magistri_ consisted in oral lessons

(_lecturae_) directly based on the text. The short remarks explanatory

of words in the text, originally written in the margin, became the gloss

which, formed thus by successive additions, took a permanent form and

was reproduced in the manuscripts of the _Corpus_, and later in the

various editions, especially in the official Roman edition of 1582; it

thus acquired by usage a kind of semi-official authority. The chief of

the _glossatores_ of the _Decretum_ of Gratian were Paucapalea, the

first disciple of the master, Rufinus (1160-1170), John of Faenza (about

1170), Joannes Teutonicus (about 1210), whose glossary, revised and

completed by Bartholomeus Brixensis (of Brescia) became the _glossa

ordinaria decreti_. For the decretals we may mention Vincent the

Spaniard and Bernard of Botone (Bernardus Parmensis, d. 1263), author of

the _Glossa ordinaria_. That on the _Liber Sextus_ is due to the famous

Joannes Andreae (c. 1340); and the one which he began for the

Clementines was finished later by Cardinal Zabarella (d. 1417). The

commentaries not so entirely concerned with the text were called

_Apparatus_; and _Summae_ was the name given to general treatises. The

first of these works are of capital importance in the formation of a

systematic canon law. Such were the _Summae_ of the first disciples of

Gratian: Paucapalea (1150),[27] Rolando Bandinelli[28] (afterwards

Alexander III., c. 1150), Rufinus[29] (c. 1165), Etienne of Tournai[30]

(Stephanus Tornacensis, c. 1168), John of Faenza (c. 1170), Sicard,

bishop of Cremona (c. 1180), and above all Huguccio (c. 1180). For the

Decretals we should mention: Bernard of Pavia[31] (c. 1195), Sinibaldo

Fieschi (Innocent IV., c. 1240), Henry of Susa (d. 1271), commonly

called (cardinalis) Hostiensis, whose _Summa Hostiensis_ or _Summa

aurea_ is a work of the very highest order; Wilhelmus Durantis or

Durandus, Joannes Andreae, Nicolas de Tudeschis (_abbas siculus_), &c.

The 15th century produced few original treatises; but after the council

of Trent the _Corpus juris_ was again commented on by distinguished

canonists, e.g. the Jesuit Paul Laymann (1575-1635), the Portuguese

Agostinho Barbosa (1590-1649), Manuel Gonzalez Tellez (d. 1649) and

Prospero Fagnani (1598-1687), who, although blind, was secretary to the

Congregation of the Council. But as time goes on, the works gradually

lose the character of commentaries on the text, and develop into

expositions of the law as a whole.

Editions.

Encyclopaedia Britannica, 11th Edition, "Camorra" to "Cape Colony" Volume 5, Slice 2 · 第 30 / 39 题