A Brighter Day Begins with His Word.

New Schaff-Herzog Encyclopedia of Religious Knowledge • VOLUME 2

THE NEW SCHAFF-IIERZOG

['Herzog, J. J. (Johann Jakob), 1805-1882', 'Schaff, Philip, 1819-1893', 'Hauck, Albert, 1845-1918', 'Jackson, Samuel Macauley, 1851-1912', 'Sherman, Charles Colebrook, 1860-1927', 'Gilmore, George W. (George William), 1858-1933'] • Public-domain historical edition in the United States (published 1908); OCR from Internet Archive scan

THE NEW SCHAFF-IIERZOG

Hispana. (3) The Penitential of Halitgar of Camhrai, compiled between 817 and 831 at the request of Archbishop Ebbo of Reims. Of its five books the first two are taken from the writings of Gregory I. and Prosper of Aquitaine, while the larger part of the last three, as well as the prologue, come from the two collections just named, especially the second. All three of these collections are constructed with special regard to the penitential system of the time; and the same is true of the collections made by Rabanus Maurus, particularly the Liber ■pcenitentium ad Otgarium of 841 and the Epistola ad Heribaldum of 853, the main purpose of which is to restore the ancient discipline by appeals to the writings of the Fathers and the old canons and decretals. A somewhat similar character is seen in the Capitula episcoporum, or small collections made by individual bishops, sometimes with the assent of diocesan synods, for the regulation of their own subjects, usually from larger works, but occasionally including their own edicts and the provisions of local law.

5. Farther Sy sterna tization: The great influence of the secular power on ecclesiastical action in the Carolingian period tended to add to the earlier church law a large amount of material, frequently covering matters of church discipline, in the capitularies of the Frankish kings. Efforts at systematization were soon called forth in this field also by practical needs. The first was that of Abbot Ansegis, which, however, as it contains nothing but capitularies, does not need further consideration here. It is different from the work which Benedict Levita of Mainz compiled in three books. Its purpose, according to him, was the completion of the work of Ansegis, but the imperial laws form only a small part of its contents, which are far more largely taken from the Bible, the Fathers, the ancient canons, with Roman statute and German common law. The special interest of this collection is the relation in which it stands, or has been thought to stand, to the Pseudo- Isi dorian Decretals (q.v.).

Between the ninth and twelfth centuries a large number of compilations came into being, with the purpose of bringing the wealth of material scattered throughout the older works into practical relation with the more modern ecclesiastical principles. Unlike the smaller collections described above, which usually served rather local interests, these are as a rule of considerable size and sufficiently general to be used outside the limits of the diocese in which they originate. Some of them attained a wide currency and no little practical importance; but only a few of them need be mentioned for the purpose of this article. ( 1 ) The as yet unpublished Collectio Anscluw dedicate:, taking its name from an Archbishop Anselm, probably Anselm II. of Milan (883-897). i. Fore- It is certainly Italian in origin; its runners material is taken partly from Adrian's of Gratian. edition of Dionysius enlarged by the addition of Carthaginian, Gallic, and Spanish councils from the Hispana, and partly from the False Decretals, the Registrum of Gregory I., two Roman synods under Zacharias (743) and

Eugenius II. (826), the laws of Justinian, and the Novella of Julian — though probably this last part was interpolated afterward. It is important not only as being the first to make a thorough use of the code of Justinian, but as being the source of a large part of the Decretum of Burchard, and through it of that of Gratian. (2) The Libri duo de causis synodalibus et disciplinis ecclesiasticis , compiled by Regino, abbot of Prum about 906, at the request of Rathbod, archbishop of Treves, to be used by him and his representatives in the administration of the diocese. This work, interesting as another source of Burchard's as well as for its immediate relation to the synodal courts and the practise of its time, was later enlarged, revised, and borrowed from in a whole series of similar collections. (3) The Decretum {Liber decretorum, Collector ium) of Bishop Burchard of Worms, compiled between 1012 and 1023. The important material contained in its twenty books embraces the whole range of church discipline and order. A peculiarity of Burchard is that he frequently ascribes canons of councils and excerpts from Roman law, the capitularies, or penitential ordinances to one of the older popes or councils, evidently with the view of assuring their reception as authoritative^— thus misleading later compilers, especially Gratian. (4) The Collectio duodecim partium, still unprinted; apparently made by a German very soon after the completion of Burchard's. Theiner, who was the first to call attention (in his Disquisitiones criticw, Rome, 1836) to the importance of this collection, was under the erroneous impression that it was a source of Burchard's; but the relation is exactly the reverse. It contains, however, a number of interesting Frankish and German canons, some of them probably copied directly from the original documents. (5) The collection of Bishop Anselm of Lucca (d. 1086), which was incorporated almost bodily in the Decretum Gratiani, and which contains a number of papal decretals not previously known, and probably taken from the Roman archives. (6) The collection of Cardinal Deusdedit, dedicated to Pope Victor III. (1086-87), in four books, of which the last deals with the freedom of the Church from secular interference, and thus introduces an element new to these collections. The ample use made of the Lateran archives gives a special interest to his collection, much of which is also in Gratian. (7) and (8) are two collections attributed to Bishop Ivo of Chartres (d. 1117) — the Decretum in seventeen books and the Pannormia in eight. The relation of these two works has been the subject of much controversy; and if Ivo's authorship of the Pannormia , at one time often denied, is now considered certain, the Decretum, on the other hand, has been recently thought not to be his. Both, however, were abundantly drawn upon by Gratian, as was also, though not to the same extent, another unpublished collection (9), known under the name of Collectio trium partium. Its first part contains papal decretals down to Urban II. (d. 1099) in chronological order, though not complete; the second, canons of councils, similarly arranged; the third, a separate collection of canons taken from the Decretum of Ivo. (10) A work

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