Folia Theologica et Canonica 6. 28/20 (2017)

IUS CANONICUM - José Miguel Viejo-Ximénez, Raymond of Penyafort decretalist

RAYMOND OF PENYAFORT DECRETALIST

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3. Political Thought and Ecclesiology

Raymond is a Christian jurist but it must not be forgotten that he is also a prominent figure of the medieval Christianity. His vision of the church and the world is in debt to Innocent Ill’s political theology, a doctrine that also impregnated the constitutions of the Fourth Lateran Council (1215). The pretext of the «ratione peccati» and the conviction that the pope has received «utrumque gla- dium» from God, for example, inspire his clarifications on the relationship between laws (civil law) and canons (canon law) as well as his reflections on the origin of power, both civil and ecclesiastical (SIC 1.11). Another relevant aspect of the ecclesiology of the Catalonian Dominican is the concept of the clerics as «ministri canones». Both issues are analysed below separately.

Raymond states that «in causis spirituális», ecclesiastical constitutions abrogate contrary civil laws. Spiritual causes are those related to the health of the soul «id est, sine quibus anima saivari non potest vel impeditili' ad salutem» (SIC 1.11.1). Civil laws that allow usury, marriage, divorce or anything else against the provisions of the canons are not valid «nam imperatores, reges et omnis homo pertinet ad iudicium ecclesiasticum ratione peccati» (SIC 1.1 1.1). Civil laws dealing with ecclesiastical persons and ecclesiastical matters are also invalid, becasuse on these two issues the emperor or any layman «nihil potest disponere» (SIC 1.11.2). In all other «causas saecularibus», civil laws are valid and they can be invoked «coram iudice saeculari». However, since the empire and the priesthood derive from the same principle, in the aforementioned cases, that is, in the spiritual ones, the pope can annul them in his own sphere.

For Raymond, indeed, all power comes from God, including the power of the emperor. The key issue to understand the relationships between the two branches of Christianity is this: «Sed numquid immediate, an mediate habet Imperator imperium a Deo?». While some authors stand up for the immediate reception, Raymond favors mediate reception since, from his point of view, «Papa enim habet a Domino utrumque gladium, et alterius scilicet temporalis concedit Imperatori» (SIC 1.11.4). The Dominican also adheres to the transla- tio imperii supported by Innocent III (III Comp. 1.6.19 = X 1.6.34): there is only one emperor, since the «Romana Ecclesia transtulit imperium ab Oriente in germanos» (SIC 1.11.5). As far as the emperor is «dominus mundi» and since God established that there are «duas potestates quibus regeretur hie mundus, sacerdotium et imperium», the kings have to pay him taxes, save a special exemption. At this point, Raymond turns to ius italicum (Dig. 50.15.8) to declare the Gauls and the citizens of Narbonne and Barcelona exempt. In his view, the kings of France and Spain are not subject to taxes «quia praescripserunt longi- simo tempore» (SIC 1.11.6). Finally, Raymond advocates for the complete separation of jurisdictions: if an ecclesiastical judge hears a civil case between