Extravagantes
Encyclopedia
The term Extravagantes is applied to the canon law
of the Roman Catholic Church
, to designate some papal decretal
s not contained in certain canonical collections which possess a special authority. More precisely, they are not found in the Decree of Gratian
or the three official collections of the Corpus Juris
(the Decretals of Gregory IX, the Sixth Book of the Decretals, and the Clementines).
When Pope John XXII
(1316-1334) published the decretals known as the Clementines, there already existed some pontifical documents binding upon the whole Church but not included in the "Corpus Juris". This is why these Decretals were called "Extravagantes". Their number was increased by the inclusion of all the pontifical laws of later date, added to the manuscripts of the "Corpus Juris", or gathered into separate collections. In 1325 Zenselinus de Cassanis added a gloss to twenty constitutions of Pope John XXII, and named this collection "Viginti Extravagantes pap Joannis XXII".
The others were known as "Extravagantes communes", a title given to the collection by Jean Chappuis in the Paris edition of the "Corpus Juris" (1499 1505). He adopted the systematic order of the official collections of canon law, and classified in a similar way the "Extravagantes" commonly met with (hence "Extravagantes communes") in the manuscripts and editions of the "Corpus Juris". This collection contains decretals of the following popes the regnal years of whom span two hundred years, from 1281 to 1482: Martin IV, Boniface VIII (notably the celebrated Bull Unam Sanctam
), Benedict XI, Clement V, John XXII, Benedict XII, Clement VI, Urban V, Martin V, Eugene IV, Callistus III, Paul II
, Sixtus IV. Chappuis also classified the "Extravagantes" of John XXII under fourteen titles, containing in all twenty chapters.
These two collections have no official value. On the other hand, many of the decretals included in them contain legislation binding upon the whole Church, e.g. the Constitution of Paul II, "Ambitios", which forbade the alienation of ecclesiastical goods. This, however, is not true of all of them; some had even been formally abrogated at the time when Chappuis made his collection; three decretals of John XXII, are reproduced in both collections.
Both the collections were printed in the official (1582) edition of the "Corpus Juris Canonici". This explains the favour they enjoyed among canonists.
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, to designate some papal decretal
Decretal
Decretals is the name that is given in Canon law to those letters of the pope which formulate decisions in ecclesiastical law.They are generally given in answer to consultations, but are sometimes due to the initiative of the popes...
s not contained in certain canonical collections which possess a special authority. More precisely, they are not found in the Decree of Gratian
Gratian
Gratian was Roman Emperor from 375 to 383.The eldest son of Valentinian I, during his youth Gratian accompanied his father on several campaigns along the Rhine and Danube frontiers. Upon the death of Valentinian in 375, Gratian's brother Valentinian II was declared emperor by his father's soldiers...
or the three official collections of the Corpus Juris
Corpus Juris
The legal term Corpus Juris means "body of law".It was originally used by the Romans for several of their collections of all the laws in a certain field; see Corpus Juris Civilis....
(the Decretals of Gregory IX, the Sixth Book of the Decretals, and the Clementines).
History
The term was first applied to those papal documents which Gratian had not inserted in his "Decree" (about 1140), but which, however, were binding upon the whole Church, also to other decretals of a later date, and possessed of the same authority. Bernard of Pavia designated under the name of "Breviarium Extravagantium", or Digest of the "Extravagantes", the collection of papal documents which he compiled between 1187 and 1191. Even the Decretals of Gregory IX (published 1234) were long known as the "Liber" or "Collectio Extra", i.e. the collection of the canonical laws not contained in the "Decree" of Gratian. This term is now applied to the collections known as the "Extravagantes Joannis XXII" and the "Extravagantes communes", both of which are found in all editions of the "Corpus Juris Canonici".When Pope John XXII
Pope John XXII
Pope John XXII , born Jacques Duèze , was pope from 1316 to 1334. He was the second Pope of the Avignon Papacy , elected by a conclave in Lyon assembled by Philip V of France...
(1316-1334) published the decretals known as the Clementines, there already existed some pontifical documents binding upon the whole Church but not included in the "Corpus Juris". This is why these Decretals were called "Extravagantes". Their number was increased by the inclusion of all the pontifical laws of later date, added to the manuscripts of the "Corpus Juris", or gathered into separate collections. In 1325 Zenselinus de Cassanis added a gloss to twenty constitutions of Pope John XXII, and named this collection "Viginti Extravagantes pap Joannis XXII".
The others were known as "Extravagantes communes", a title given to the collection by Jean Chappuis in the Paris edition of the "Corpus Juris" (1499 1505). He adopted the systematic order of the official collections of canon law, and classified in a similar way the "Extravagantes" commonly met with (hence "Extravagantes communes") in the manuscripts and editions of the "Corpus Juris". This collection contains decretals of the following popes the regnal years of whom span two hundred years, from 1281 to 1482: Martin IV, Boniface VIII (notably the celebrated Bull Unam Sanctam
Unam sanctam
On 18 November 1302, Pope Boniface VIII issued the Papal bull Unam sanctam which historians consider one of the most extreme statements of Papal spiritual supremacy ever made...
), Benedict XI, Clement V, John XXII, Benedict XII, Clement VI, Urban V, Martin V, Eugene IV, Callistus III, Paul II
Pope Paul II
Pope Paul II , born Pietro Barbo, was pope from 1464 until his death in 1471.- Early life :He was born in Venice, and was a nephew of Pope Eugene IV , through his mother. His adoption of the spiritual career, after having been trained as a merchant, was prompted by his uncle's election as pope...
, Sixtus IV. Chappuis also classified the "Extravagantes" of John XXII under fourteen titles, containing in all twenty chapters.
These two collections have no official value. On the other hand, many of the decretals included in them contain legislation binding upon the whole Church, e.g. the Constitution of Paul II, "Ambitios", which forbade the alienation of ecclesiastical goods. This, however, is not true of all of them; some had even been formally abrogated at the time when Chappuis made his collection; three decretals of John XXII, are reproduced in both collections.
Both the collections were printed in the official (1582) edition of the "Corpus Juris Canonici". This explains the favour they enjoyed among canonists.